Air Plan Approval; Indiana; Redesignation of the Indiana Portion of the Cincinnati, Ohio-Kentucky-Indiana Area to Attainment of the 2008 Ozone Standard, 95081-95097 [2016-31044]
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules
IV. What action is EPA taking?
EPA is proposing to approve the
revisions to 326 IAC 2–6–1 into
Indiana’s SIP.
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V. Incorporation by Reference
In this rulemaking, EPA is proposing
to include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
the revised IDEM rule at 326 IAC 2–6–
1 filed with the Indiana Register on
October 21, 2016, regarding the
emissions statements rule and discussed
in section II of this rulemaking. EPA has
made, and will continue to make, these
documents generally available through
www.regulations.gov, and/or at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: December 12, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016–31045 Filed 12–23–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2016–0135; FRL–9957–18–
Region 5]
Air Plan Approval; Indiana;
Redesignation of the Indiana Portion of
the Cincinnati, Ohio-Kentucky-Indiana
Area to Attainment of the 2008 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to find that
the Cincinnati, Ohio-Kentucky-Indiana
area is attaining the 2008 ozone
National Ambient Air Quality Standard
(NAAQS or standard) and to approve a
request from the Indiana Department of
Environmental Management (IDEM) to
redesignate the Indiana portion of the
Cincinnati area to attainment for the
SUMMARY:
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95081
2008 ozone NAAQS because the request
meets the statutory requirements for
redesignation under the Clean Air Act
(CAA or Act). The Cincinnati area
includes Lawrenceburg Township in
Dearborn County, Indiana; Butler,
Clermont, Clinton, Hamilton, and
Warren Counties in Ohio; and, Boone,
Campbell, and Kenton Counties in
Kentucky. IDEM submitted this request
on February 23, 2016, and
supplemented that submittal with a
revised emissions inventory on May 4,
2016. EPA is also proposing to approve,
as a revision to the Indiana State
Implementation Plan (SIP), the state’s
plan for maintaining the 2008 ozone
standard through 2030 in the Cincinnati
area. Additionally, EPA finds adequate
and is proposing to approve the state’s
2020 and 2030 volatile organic
compound (VOC) and oxides of nitrogen
(NOX) Motor Vehicle Emission Budgets
(MVEBs) for the Indiana and Ohio
portion of the Cincinnati area. Finally,
EPA is proposing to approve the 2011
base year emissions inventory submitted
by IDEM as meeting the base year
emissions inventory requirement of the
CAA for the Indiana portion of the
Cincinnati area.
Comments must be received on
or before January 26, 2017.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2016–0135 at https://
www.regulations.gov or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
ADDRESSES:
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules
VII. Proposed Actions
VIII. Statutory and Executive Order Reviews
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@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:
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FOR FURTHER INFORMATION CONTACT:
I. What are the actions EPA is proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA’s analysis of Indiana’s
redesignation request?
A. Has the Cincinnati area attained the
2008 ozone NAAQS?
B. Has Indiana met all applicable
requirements of section 110 and part D
of the CAA for the Cincinnati area, and
does the Indiana portion of the area have
a fully approved SIP under section
110(k) of the CAA?
1. Indiana Has Met All Applicable
Requirements of Section 110 and Part D
of the CAA Applicable to the Indiana
Portion of the Cincinnati Area for
Purposes of Redesignation
2. The Indiana Portion of the Cincinnati
Area Has a Fully Approved SIP for
Purposes of Redesignation Under Section
110(k) of the CAA
C. Are the air quality improvements in the
Cincinnati area due to permanent and
enforceable emission reductions?
1. Permanent and Enforceable Emission
Controls Implemented
2. Emission Reductions
3. Meteorology
D. Does Indiana have a fully approvable
ozone maintenance plan for the
Cincinnati area?
1. Attainment Inventory
2. Has the state documented maintenance
of the ozone standard in the Cincinnati
area?
3. Continued Air Quality Monitoring
4. Verification of Continued Attainment
5. What is the contingency plan for the
Cincinnati area?
V. Has the state adopted approvable motor
vehicle emission budgets?
A. Motor Vehicle Emission Budgets
B. What is the status of EPA’s adequacy
determination for the proposed VOC and
NOX MVEBs for the Cincinnati area?
C. What is a safety margin?
VI. Has the state submitted approvable
emission inventories?
A. The 2008 Ozone NAAQS and Emission
Inventory Requirements
B. Indiana’s Emission Inventories
C. EPA’s Evaluation
1. Did the state adequately document the
derivation of the emission estimates?
2. Did the state quality assure the emission
estimates?
3. Did the state provide for public review
of the requested SIP revision?
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I. What are the actions EPA is
proposing?
EPA is proposing to take several
related actions. EPA is proposing to
determine that the Cincinnati
nonattainment area is attaining the 2008
ozone standard, based on qualityassured and certified monitoring data
for 2013–2015 and that the Indiana
portion of this area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is
thus proposing to approve IDEM’s
request to change the legal designation
of the Indiana portion of the Cincinnati
area from nonattainment to attainment
for the 2008 ozone standard. EPA is also
proposing to approve, as a revision to
the Indiana SIP, the state’s maintenance
plan (such approval being one of the
CAA criteria for redesignation to
attainment status) for the area. The
maintenance plan is designed to keep
the Cincinnati area in attainment of the
2008 ozone NAAQS through 2030.
Finally, EPA finds adequate and is
proposing to approve the newlyestablished 2020 and 2030 MVEBs for
the Indiana and Ohio portion of the
Cincinnati area. The adequacy comment
period for the MVEBs began on July 22,
2016, 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 August 22, 2016. EPA did not receive
any requests for this submittal, or
adverse comments on this submittal
during the adequacy comment period.
In a letter dated August 23, 2016, EPA
informed IDEM that we found the 2020
and 2030 MVEBs to be adequate for use
in transportation conformity analyses.
On September 27, 2016 (81 FR 66271),
EPA published a notice of adequacy
announcing this same finding. Please
see section V.B. of this preamble, ‘‘What
is the status of EPA’s adequacy
determination for the proposed VOC
and NOX MVEBs for the Indiana portion
of the Cincinnati area,’’ for further
explanation of this process. Therefore,
we find adequate, and are proposing to
approve, the States’ 2020 and 2030
MVEBs for transportation conformity
purposes.
On June 1, 2016, Indiana submitted a
separate SIP revision to address
emissions statements requirements, as
discussed in section IV.B.1. of this
preamble. EPA is taking action on the
emissions statements SIP revision in a
separate rulemaking. EPA will not
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finalize this redesignation rulemaking
without an earlier or simultaneous final
approval of the separate emissions
statements rulemaking.
II. What is the background for these
actions?
EPA has determined that ground-level
ozone is detrimental to human health.
On March 12, 2008, EPA promulgated a
revised ozone NAAQS of 0.075 parts per
million (ppm). See 73 FR 16436 (March
27, 2008). Under EPA’s regulations at 40
CFR part 50, the 2008 ozone NAAQS is
attained in an area when the three-year
average of the annual fourth highest
daily maximum 8-hour average
concentration is equal to or less than
0.075 ppm, when truncated after the
thousandth decimal place, at all of the
ozone monitoring sites in the area. See
40 CFR 50.15 and appendix P to 40 CFR
part 50.
Upon promulgation of a new or
revised NAAQS, section 107(d)(1)(B) of
the CAA requires EPA to designate as
nonattainment any areas that are
violating the NAAQS, based on the most
recent three years of quality-assured
ozone monitoring data. The Cincinnati
area was designated as a marginal
nonattainment area for the 2008 ozone
NAAQS on May 21, 2012 (77 FR 30088)
(effective July 20, 2012).
In a final implementation rule for the
2008 ozone NAAQS (SIP Requirements
Rule),1 EPA established ozone standard
attainment dates based on table 1 of
section 181(a) of the CAA. This
established an attainment date three
years after the July 20, 2012, effective
designation date for areas classified as
marginal nonattainment for the 2008
ozone NAAQS. Therefore, the
attainment date for the Cincinnati area
was July 20, 2015. On May 4, 2016 (81
FR 26697), in accordance with section
181(b)(2)(A) of the CAA and the
provisions of the SIP Requirements Rule
(40 CFR 51.1103), EPA made a
determination that the Cincinnati area
attained the standard by its July 20,
2015, attainment date for the 2008
ozone NAAQS. EPA’s determination
was based upon three years of complete,
1 This rule, titled ‘‘Implementation of the 2008
National Ambient Air Quality Standards for Ozone:
State Implementation Plan Requirements’’ and
published at 80 FR 12264 (March 6, 2015),
addresses nonattainment area SIP requirements for
the 2008 ozone NAAQS, including requirements
pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control
technology (RACT), reasonably available control
measures (RACM), new source review (NSR),
emission inventories, and the timing requirements
for SIP submissions and compliance with emission
control measures in the SIP. This rule also
addresses the revocation of the 1997 ozone NAAQS
and the anti-backsliding requirements that apply
when the 1997 ozone NAAQS is revoked.
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quality-assured and certified data for the
2012–2014 period.
III. What are the criteria for
redesignation?
Section 107(d)(3)(E) of the CAA
allows redesignation of an area to
attainment of the NAAQS provided that:
(1) The Administrator (EPA) determines
that the area has attained the NAAQS;
(2) the Administrator has fully approved
the applicable implementation plan for
the area under section 110(k) of the
CAA; (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,
applicable Federal air pollutant control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A of the CAA; and (5) the state
containing the area has met all
requirements applicable to the area for
the purposes of redesignation under
section 110 and part D of the CAA.
On April 16, 1992, EPA provided
guidance on redesignations in the
General Preamble for the
Implementation of Title I of the CAA
Amendments of 1990 (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:
1. ‘‘Ozone and Carbon Monoxide Design
Value Calculations,’’ Memorandum from Bill
Laxton. Director, Technical Support Division,
June 18, 1990;
2. ‘‘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;
3. ‘‘Contingency Measures for Ozone and
Carbon Monoxide (CO) Redesignations,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
June 1, 1992;
4. ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni, Director,
Air Quality Management Division, September
4, 1992 (the ‘‘Calcagni Memorandum’’);
5. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air
Act (CAA) Deadlines,’’ Memorandum from
John Calcagni, Director, Air Quality
Management Division, October 28, 1992;
6. ‘‘Technical Support Documents (TSDs)
for Redesignation of Ozone and Carbon
Monoxide (CO) Nonattainment Areas,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
7. ‘‘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;
8. ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone and
CO Nonattainment Areas,’’ Memorandum
from D. Kent Berry, Acting Director, Air
Quality Management Division, November 30,
1993;
9. ‘‘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
10. ‘‘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.
IV. What is EPA’s analysis of Indiana’s
redesignation request?
A. Has the Cincinnati area attained the
2008 ozone NAAQS?
For redesignation of a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has
attained the applicable NAAQS (CAA
section 107(d)(3)(E)(i)). An area is
attaining the 2008 ozone NAAQS if it
meets the 2008 ozone NAAQS, as
95083
determined in accordance with 40 CFR
50.15 and appendix P of part 50, based
on three complete, consecutive calendar
years of quality-assured air quality data
for all monitoring sites in the area. To
attain the NAAQS, the three-year
average of the annual fourth-highest
daily maximum 8-hour average ozone
concentrations (ozone design values) at
each monitor must not exceed 0.075
ppm. The air quality data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in EPA’s Air Quality System
(AQS). Ambient air quality monitoring
data for the three-year period must also
meet data completeness requirements.
An ozone design value is valid if daily
maximum 8-hour average
concentrations are available for at least
90% of the days within the ozone
monitoring seasons,2 on average, for the
three-year period, with a minimum data
completeness of 75% during the ozone
monitoring season of any year during
the three-year period. See section 2.3 of
appendix P to 40 CFR part 50.
On May 4, 2016, in accordance with
section 181(b)(2)(A) of the CAA and the
provisions of the SIP Requirements Rule
(40 CFR 51.1103), EPA made a
determination that the Cincinnati area
attained the standard by its July 20,
2015, attainment date for the 2008
ozone NAAQS. This determination was
based upon three years of complete,
quality-assured and certified data for the
2012–2014 period. In addition, EPA has
reviewed the available ozone
monitoring data from monitoring sites
in the Cincinnati area for the 2013–2015
period. These data have been qualityassured, are recorded in the AQS, and
have been certified. These data
demonstrate that the Cincinnati area is
attaining the 2008 ozone NAAQS. The
annual fourth-highest 8-hour ozone
concentrations and the three-year
average of these concentrations
(monitoring site ozone design values)
for each monitoring site are summarized
in Table 1.
TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND THREE-YEAR AVERAGE OF THE 4TH
HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE CINCINNATI AREA
Monitor
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State
County
Ohio ........................................
Butler ......................................
Clermont ................................
2 The ozone season is defined by state in 40 CFR
58 appendix D. For the 2012–2014 and 2013–2015
periods, the ozone seasons for Ohio, Indiana, and
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2013
4th
high
(ppm)
2014
4th
high
(ppm)
2015
4th
high
(ppm)
2013–2015
average
(ppm)
39–017–0004
39–017–0018
39–017–9991
39–025–0022
0.068
0.068
0.069
0.066
0.070
0.069
0.069
0.068
0.070
0.070
0.068
0.070
0.069
0.069
0.068
0.068
Kentucky were April–October, April–September,
and March–October, respectively. Beginning in
2016, the ozone seasons for Ohio, Indiana and
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Kentucky are March–October. See, 80 FR 65292,
65466–67 (October 26, 2015).
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TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND THREE-YEAR AVERAGE OF THE 4TH
HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE CINCINNATI AREA—Continued
State
Monitor
County
Clinton ....................................
Hamilton .................................
Kentucky .................................
Warren ...................................
Boone .....................................
Campbell ................................
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The three-year ozone design value for
2013–2015 is 0.071 ppm,3 which meets
the 2008 ozone NAAQS. Therefore, in
this action, EPA proposes to determine
that the Cincinnati area is attaining the
2008 ozone NAAQS.
EPA will not take final action to
determine that the Cincinnati area is
attaining the NAAQS nor to approve the
redesignation of this area if the design
value of a monitoring site in the area
exceeds the NAAQS after proposal but
prior to final approval of the
redesignation. Preliminary 2016 data
indicate that this area continues to
attain the 2008 ozone NAAQS. As
discussed in section IV.D.3. of this
preamble, IDEM has committed to
continue monitoring ozone in this area
to verify maintenance of the ozone
standard.
B. Has Indiana met all applicable
requirements of section 110 and part D
of the CAA for the Cincinnati area, and
does the Indiana portion of the area
have a fully approved SIP under section
110(k) of the CAA?
As criteria for redesignation of an area
from nonattainment to attainment of a
NAAQS, the CAA requires EPA to
determine that the state has met all
applicable requirements under section
110 and part D of title I of the CAA (see
section 107(d)(3)(E)(v) of the CAA) and
that the state has a fully approved SIP
under section 110(k) of the CAA (see
section 107(d)(3)(E)(ii) of the CAA). We
are proposing to determine that Indiana
has met all currently applicable SIP
requirements for purposes of
redesignation of the Cincinnati area to
attainment of the 2008 ozone standard
under section 110 and part D of the
CAA, in accordance with section
107(d)(3)(E)(v). We are also proposing to
determine that the Indiana SIP, with the
exception of the comprehensive
emissions inventory and emissions
statements rules, is fully approved with
3 The monitor ozone design value for the monitor
with the highest three-year averaged concentration.
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2013
4th
high
(ppm)
2014
4th
high
(ppm)
2015
4th
high
(ppm)
2013–2015
average
(ppm)
39–027–1002
39–061–0006
39–061–0010
39–061–0040
39–165–0007
21–015–0003
21–037–3002
0.064
0.069
0.064
0.069
0.067
0.059
0.072
0.070
0.070
0.073
0.069
0.071
0.062
0.071
0.070
0.072
0.070
0.071
0.071
0.062
0.071
0.068
0.070
0.069
0.069
0.069
0.061
0.071
respect to all applicable requirements
for purposes of redesignation to
attainment of the 2008 ozone standard,
in accordance with section
107(d)(3)(E)(ii) of the CAA. As
discussed below, in this action EPA is
proposing to approve Indiana’s 2011
comprehensive emissions inventory as
meeting the comprehensive emissions
inventory requirement of section
182(a)(1) for the area. EPA is taking
action on the Indiana emissions
statements rules required by section
182(a)(3)(B) in a separate rule.
Recognizing that the comprehensive
emissions inventory and emissions
statements rules must be approved on or
before the date we complete final
rulemaking approving the redesignation
requests, we determine here that,
assuming that this occurs, Indiana will
have met all applicable section 110 and
part D SIP requirements of the CAA for
purposes of approval of Indiana’s ozone
redesignation request for the Cincinnati
area and will have a fully approved SIP
under section 110(k) of the CAA. In
making these proposed determinations,
EPA ascertained which CAA
requirements are applicable to the
Cincinnati area and the Indiana SIP and,
if applicable, whether the required
Indiana SIP elements are fully approved
under section 110(k) and part D 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).
1. Indiana Has Met All Applicable
Requirements of Section 110 and Part D
of the CAA Applicable to the Indiana
Portion of the Cincinnati Area for
Purposes of Redesignation
a. Section 110 General Requirements for
Implementation Plans
Section 110(a)(2) of the CAA
delineates the general requirements for
a SIP. Section 110(a)(2) provides that
the SIP must have been adopted by the
state after reasonable public notice and
hearing, and that, among other things, it
must: (1) Include enforceable emission
limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; (2)
provide for establishment and operation
of appropriate devices, methods,
systems and procedures necessary to
monitor ambient air quality; (3) provide
for implementation of a source permit
program to regulate the modification
and construction of stationary sources
within the areas covered by the plan; (4)
include provisions for the
implementation of part C prevention of
significant deterioration (PSD) and part
D new source review (NSR) permit
programs; (5) include provisions for
stationary source emission control
measures, monitoring, and reporting; (6)
include provisions for air quality
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modeling; and (7) provide for public
and local agency participation in
planning and emission control rule
development.
Section 110(a)(2)(D) of the CAA
requires SIPs to 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 certain
air pollutants, e.g., NOX SIP call.4
However, like many of the 110(a)(2)
requirements, the section 110(a)(2)(D)
SIP requirements are not linked with a
particular area’s ozone designation and
classification. EPA concludes that the
SIP requirements linked with the area’s
ozone designation and classification are
the relevant measures to evaluate when
reviewing a redesignation request for
the area. The section 110(a)(2)(D)
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area within the state. Thus, we believe
these requirements are not applicable
requirements for purposes of
redesignation. See 65 FR 37890 (June
19, 2000), 68 FR 25418, 25426–27 (May
12, 2003).
In addition, EPA believes that other
section 110 elements that are neither
connected with nonattainment plan
submissions nor linked with an area’s
ozone attainment status are not
applicable requirements for purposes of
redesignation. The area will still be
subject to these requirements after the
area is redesignated to attainment of the
2008 ozone NAAQS. The section 110
and part D requirements which are
linked with a particular area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request. This
approach is consistent with EPA’s
existing policy on applicability (i.e., for
redesignations) of conformity and
oxygenated fuels requirements, as well
as with section 184 ozone transport
requirements. See Reading,
Pennsylvania proposed and final
rulemakings, 61 FR 53174–53176
(October 10, 1996) and 62 FR 24826
(May 7, 1997); Cleveland-Akron-
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4 On
October 27, 1992 (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,
Indiana developed rules governing the control of
NOX emissions from Electric Generating Units
(EGUs), major non-EGU industrial boilers and
turbines, and major cement kilns. EPA approved
Indiana’s rules as fulfilling Phase I of the NOX SIP
Call on November 8, 2001 (66 FR 56465), and as
meeting Phase II of the NOX SIP Call on October
1, 2007 (72 FR 55664).
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Loraine, Ohio final rulemaking, 61 FR
20458 (May 7, 1996); and Tampa,
Florida final rulemaking, 60 FR 62748
(December 7, 1995). See also the
discussion of this issue in the
Cincinnati, Ohio ozone redesignation
(65 FR 37890, June 19, 2000), and the
Pittsburgh, Pennsylvania ozone
redesignation (66 FR 50399, October 19,
2001).
We have reviewed Indiana’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. On April 29,
2015 (80 FR 23713), EPA approved
elements of the SIP submitted by
Indiana to meet the requirements of
section 110 for the 2008 ozone standard.
The requirements of section 110(a)(2),
however, are statewide requirements
that are not linked to the ozone
nonattainment status of the Cincinnati
area. Therefore, EPA concludes that
these infrastructure requirements are
not applicable requirements for
purposes of review of the state’s ozone
redesignation request.
b. Part D Requirements
Section 172(c) of the CAA sets forth
the basic requirements of air quality
plans for states with nonattainment
areas that are required to submit them
pursuant to section 172(b). Subpart 2 of
part D, which includes section 182 of
the CAA, establishes specific
requirements for ozone nonattainment
areas depending on the areas’
nonattainment classifications.
The Cincinnati area was classified as
marginal under subpart 2 for the 2008
ozone NAAQS. As such, the area is
subject to the subpart 1 requirements
contained in section 172(c) and section
176. Similarly, the area is subject to the
subpart 2 requirements contained in
section 182(a) (marginal nonattainment
area requirements). A thorough
discussion of the requirements
contained in section 172(c) and 182 can
be found in the General Preamble for
Implementation of Title I (57 FR 13498).
i. Subpart 1 Section 172 Requirements
As provided in subpart 2, for marginal
ozone nonattainment areas such as the
Cincinnati area, the specific
requirements of section 182(a) apply in
lieu of the attainment planning
requirements that would otherwise
apply under section 172(c), including
the attainment demonstration and
reasonably available control measures
(RACM) under section 172(c)(1),
reasonable further progress (RFP) under
section 172(c)(2), and contingency
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measures under section 172(c)(9). 42
U.S.C. 7511a(a).
Section 172(c)(3) requires submission
and approval of a comprehensive,
accurate and current inventory of actual
emissions. This requirement is
superseded by the inventory
requirement in section 182(a)(1)
discussed below.
Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources 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 approved
Indiana’s NSR program on October 7,
1994 (59 FR 51108), and approved
revisions to Indiana’s NSR program on
June 18, 2007 (72 FR 33395), July 8,
2011 (76 FR 40242), and July 2, 2014 (79
FR 37646). Nonetheless, 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.’’ Indiana
has demonstrated that the Cincinnati
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. See rulemakings
for Detroit, Michigan (60 FR 12467–
12468, March 7, 1995); ClevelandAkron-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).
Indiana’s PSD program will become
effective in the Cincinnati area upon
redesignation to attainment. EPA
conditionally approved Indiana’s PSD
program on March 3, 2003 (68 FR 9892),
fully approved Indiana’s PSD program
on May 20, 2004 (69 FR 29071), and
approved revisions to Indiana’s PSD
program on July 8, 2011 (76 FR 40242),
September 28, 2011 (76 FR 59899), and
July 2, 2014 (79 FR 37646).
Section 172(c)(6) requires the SIP to
contain control measures necessary to
provide for attainment of the NAAQS.
Because attainment has been reached,
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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 Indiana SIP meets the
requirements of section 110(a)(2) for
purposes of redesignation.
ii. Section 176 Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that Federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs and
projects that are developed, funded or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity)
as well as to all other Federally
supported or funded projects (general
conformity). State transportation
conformity SIP revisions must be
consistent with Federal conformity
regulations relating to consultation,
enforcement and enforceability that EPA
promulgated pursuant to its authority
under the CAA.
EPA interprets the conformity SIP
requirements 5 as not applying for
purposes of evaluating a redesignation
request under section 107(d) because
state conformity rules are still required
after redesignation and Federal
conformity rules apply where state
conformity rules have not been
approved. See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748
(December 7, 1995) (redesignation of
Tampa, Florida). Nonetheless, Indiana
has an approved conformity SIP for the
Cincinnati area. See 80 FR 11133
(March 2, 2015).
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iii. Section 182(a) Requirements
Section 182(a)(1) requires states to
submit a comprehensive, accurate, and
current inventory of actual emissions
from sources of VOC and NOX emitted
within the boundaries of the ozone
nonattainment area. As part of Indiana’s
redesignation request for the Cincinnati
area, the state submitted a 2011 base
year emissions inventory. As discussed
in section VI. of this preamble, EPA is
proposing to approve the 2011 base year
5 CAA section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
Federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from SIPs requiring
the development of Motor Vehicle Emission
Budgets (MVEBs), such as control strategy SIPs and
maintenance plans.
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inventory that Indiana submitted with
the redesignation request as meeting the
section 182(a)(1) emissions inventory
requirement.
Under section 182(a)(2)(A), states
with ozone nonattainment areas that
were designated prior to the enactment
of the 1990 CAA amendments were
required to submit, within six months of
classification, all rules and corrections
to existing VOC reasonably available
control technology (RACT) rules that
were required under section 172(b)(3)
prior to the 1990 CAA amendments. The
Indiana portion of the Cincinnati area is
not subject to the section 182(a)(2)
RACT ‘‘fix up’’ requirement for the 2008
ozone NAAQS because it was not
subject to RACT prior to the enactment
of the 1990 CAA amendments.
Section 182(a)(2)(B) requires each
state with a marginal ozone
nonattainment area that implemented or
was required to implement a vehicle
inspection and maintenance (I/M)
program prior to the 1990 CAA
amendments to submit a SIP revision for
an I/M program no less stringent than
that required prior to the 1990 CAA
amendments or already in the SIP at the
time of the CAA amendments,
whichever is more stringent. For the
purposes of the 2008 ozone standard
and the consideration of Indiana’s
redesignation request for this standard,
the Indiana portion of the Cincinnati
area is not subject to the section
182(a)(2)(B) requirement because it was
not designated as nonattainment for any
ozone standard prior to the enactment of
the 1990 CAA amendments and did not
have an I/M program before 1990.
Regarding the source permitting and
offset requirements of section
182(a)(2)(C) and section 182(a)(4),
Indiana currently has a fully-approved
part D NSR program in place. EPA
conditionally approved Indiana’s PSD
program on March 3, 2003 (68 FR 9892),
fully approved Indiana’s PSD program
on May 20, 2004 (69 FR 29071), and
approved revisions to Indiana’s PSD
program on July 8, 2011 (76 FR 40242),
September 28, 2011 (76 FR 59899), and
July 2, 2014 (79 FR 37646). As discussed
above, Indiana has demonstrated that
the Cincinnati 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 Cincinnati area upon
redesignation to attainment.
Section 182(a)(3)(A) requires states to
submit periodic emission inventories
and section 182(a)(3)(B) requires states
to submit a revision to the SIP to require
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the owners or operators of stationary
sources to annually submit emissions
statements documenting actual VOC
and NOX emissions. As discussed in
section IV.D.4. of this preamble, Indiana
will continue to update its emissions
inventory at least once every three
years. With regard to stationary source
emissions statements, Indiana submitted
a SIP revision to address these
requirements on June 1, 2016. EPA is
taking action on this revision in a
separate rulemaking action. Full
approval of Indiana’s emissions
statements rules is a prerequisite for
approval of the redesignation of the
Cincinnati area to attainment.
Upon approval of Indiana’s emissions
inventory and emissions statements
rules, the Indiana portion of the
Cincinnati area will have satisfied all
applicable requirements for purposes of
redesignation under section 110 and
part D of title I of the CAA.
2. The Indiana Portion of the Cincinnati
Area Has a Fully Approved SIP for
Purposes of Redesignation Under
Section 110(k) of the CAA
Indiana has adopted and submitted
and EPA has approved at various times,
provisions addressing the various SIP
elements applicable for the ozone
NAAQS. In this action, EPA is
proposing to approve Indiana’s 2011
comprehensive emissions inventory for
the Cincinnati area as meeting the
requirement of section 182(a)(1) of the
CAA. In a separate rule, EPA will take
action on the Indiana emissions
statements rules submittal. As discussed
above, if EPA issues a final approval of
the comprehensive emissions inventory
and Indiana’s emissions statements
rules submittals, EPA will have fully
approved the Indiana SIP for the
Cincinnati 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 the Calcagni
memorandum at page 3; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–990 (6th
Cir. 1998); Wall v. EPA, 265 F.3d 426),
plus any additional measures it may
approve in conjunction with a
redesignation action (see 68 FR 25426
(May 12, 2003) and citations therein).
C. Are the air quality improvements in
the Cincinnati area due to permanent
and enforceable emission reductions?
To support the redesignation of an
area from nonattainment to attainment,
section 107(d)(3)(E)(iii) of the CAA
requires EPA to determine that the air
quality improvement in the area is due
to permanent and enforceable
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reductions in emissions resulting from
the implementation of the SIP and
applicable Federal air pollution control
regulations and other permanent and
other permanent and enforceable
emission reductions. EPA has
determined that Indiana has
demonstrated that that the observed
ozone air quality improvement in the
Cincinnati area is due to permanent and
enforceable reductions in VOC and NOX
emissions resulting from state measures
adopted into the SIP and Federal
measures.
In making this demonstration, the
state has calculated the change in
emissions between 2011 and 2014. The
reduction in emissions and the
corresponding improvement in air
quality over this period can be
attributed to a number of regulatory
control measures that the Cincinnati
area and upwind areas have
implemented in recent years. In
addition, IDEM provided an analysis to
demonstrate the improvement in air
quality was not due to unusually
favorable meteorology. Based on the
information summarized below, Indiana
has adequately demonstrated that the
improvement in air quality is due to
permanent and enforceable emissions
reductions.
1. Permanent and Enforceable Emission
Controls Implemented
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a. Regional NOX Controls
Clean Air Interstate Rule (CAIR)/Cross
State Air Pollution Rule (CSAPR). CAIR
created regional cap-and-trade programs
to reduce sulfur dioxide (SO2) and NOX
emissions in 27 eastern states, including
Indiana, that contributed to downwind
nonattainment and maintenance of the
1997 ozone NAAQS and the 1997 fine
particulate matter (PM2.5) NAAQS. See
70 FR 25162 (May 12, 2005). EPA
approved Indiana’s CAIR regulations
into the Indiana SIP on October 22, 2007
(72 FR 59480) and November 29, 2010
(75 FR 72956). In 2008, the United
States Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
initially vacated CAIR, North Carolina
v. EPA, 531 F.3d 896 (D.C. Cir. 2008),
but ultimately remanded the rule to EPA
without vacatur to preserve the
environmental benefits provided by
CAIR, North Carolina v. EPA, 550 F.3d
1176, 1178 (D.C. Cir. 2008). On August
8, 2011 (76 FR 48208), acting on the
D.C. Circuit’s remand, EPA promulgated
CSAPR to replace CAIR and thus to
address the interstate transport of
emissions contributing to nonattainment
and interfering with maintenance of the
two air quality standards covered by
CAIR as well as the 2006 PM2.5 NAAQS.
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average sulfur level, with a maximum
cap of 80 ppm. This reduction in fuel
sulfur content ensures the effectiveness
of low emission-control technologies.
The Tier 2 tailpipe standards
established in this rule were phased in
for new vehicles between 2004 and
2009. EPA estimates that, when fully
implemented, this rule will cut NOX
and VOC emissions from light-duty
vehicles and light-duty trucks by
approximately 76% and 28%,
respectively. NOX and VOC reductions
from medium-duty passenger vehicles
included as part of the Tier 2 vehicle
program are estimated to be
approximately 37,000 and 9,500 tons
per year, respectively, when fully
implemented. In addition, EPA
estimates that beginning in 2007, a
reduction of 30,000 tons per year of
NOX will result from the benefits of
sulfur control on heavy-duty gasoline
vehicles. Some of these emission
reductions occurred by the attainment
years and additional emission
reductions will occur throughout the
maintenance period, as older vehicles
are replaced with newer, compliant
model years.
Tier 3 Emission Standards for
Vehicles and Gasoline Sulfur Standards.
On April 28, 2014 (79 FR 23414), EPA
promulgated Tier 3 motor vehicle
emission and fuel standards to reduce
both tailpipe and evaporative emissions
and to further reduce the sulfur content
in fuels. The rule will be phased in
between 2017 and 2025. Tier 3 sets new
tailpipe standards for the sum of VOC
and NOX and for particulate matter. The
VOC and NOX tailpipe standards for
light-duty vehicles represent
b. Federal Emission Control Measures
approximately an 80% reduction from
today’s fleet average and a 70%
Reductions in VOC and NOX
reduction in per-vehicle particulate
emissions have occurred statewide and
matter (PM) standards. Heavy-duty
in upwind areas as a result of Federal
tailpipe standards represent about a
emission control measures, with
additional emission reductions expected 60% reduction in both fleet average
VOC and NOX and per-vehicle PM
to occur in the future. Federal emission
control measures include the following. standards. The evaporative emissions
requirements in the rule will result in
Tier 2 Emission Standards for
Vehicles and Gasoline Sulfur Standards. approximately a 50% reduction from
On February 10, 2000 (65 FR 6698), EPA current standards and apply to all lightduty and onroad gasoline-powered
promulgated Tier 2 motor vehicle
heavy-duty vehicles. Finally, the rule
emission standards and gasoline sulfur
lowers the sulfur content of gasoline to
control requirements. These emission
an annual average of 10 ppm by January
control requirements result in lower
2017. While these reductions did not
VOC and NOX emissions from new cars
aid the area in attaining the standard,
and light duty trucks, including sport
emission reductions will occur during
utility vehicles. With respect to fuels,
this rule required refiners and importers the maintenance period.
Heavy-Duty Diesel Engine Rules. In
of gasoline to meet lower standards for
July 2000, EPA issued a rule for onsulfur in gasoline, which were phased
highway heavy-duty diesel engines that
in between 2004 and 2006. By 2006,
refiners were required to meet a 30 ppm includes standards limiting the sulfur
content of diesel fuel. Emissions
standards for NOX, VOC and PM were
6 EME Homer City Generation, L.P. v. EPA, 696
F.3d 7, 38 (D.C. Cir. 2012).
phased in between model years 2007
CSAPR requires substantial reductions
of SO2 and NOX emissions from electric
generating units (EGUs) in 28 states in
the Eastern United States.
The D.C. Circuit’s initial vacatur of
CSAPR 6 was reversed by the United
States Supreme Court on April 29, 2014,
and the case was remanded to the D.C.
Circuit to resolve remaining issues in
accordance with the high court’s ruling.
EPA v. EME Homer City Generation,
L.P., 134 S. Ct. 1584 (2014). On remand,
the D.C. Circuit affirmed CSAPR in most
respects, but invalidated without
vacating some of the CSAPR budgets as
to a number of states. EME Homer City
Generation, L.P. v. EPA, 795 F.3d 118
(D.C. Cir. 2015). This litigation
ultimately delayed implementation of
CSAPR for three years, from January 1,
2012, when CSAPR’s cap-and-trade
programs were originally scheduled to
replace the CAIR cap-and-trade
programs, to January 1, 2015. Thus, the
rule’s Phase 2 budgets were originally
promulgated to begin on January 1,
2014, and are now scheduled to begin
on January 1, 2017. On October 26, 2016
(81 FR 74504), EPA published the
CSAPR Update for the 2008 ozone
NAAQS, which resolves the
invalidation of Phase 2 budgets by the
D.C. Circuit. That action promulgates
new NOX ozone season budgets
addressing interstate transport with
respect to the 2008 ozone NAAQS that
take effect in 2017. The reduction in
NOX emissions from the
implementation of CSAPR will result in
lower concentrations of transported
ozone entering the Cincinnati area
throughout the maintenance period.
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and 2010. In addition, the rule reduced
the highway diesel fuel sulfur content to
15 parts per million by 2007, leading to
additional reductions in combustion
NOX and VOC emissions. EPA has
estimated future year emission
reductions due to implementation of
this rulemaking. Nationally, EPA
estimated that 2015 NOX and VOC
emissions would decrease by 1,260,000
tons and 54,000 tons, respectively.
Nationally, EPA estimated that 2030
NOX and VOC emissions will decrease
by 2,570,000 tons and 115,000 tons,
respectively. As projected by these
estimates and demonstrated in the
onroad emission modeling for the
Cincinnati area, some of these emission
reductions occurred by the attainment
years and additional emission
reductions will occur throughout the
maintenance period, as older vehicles
are replaced with newer, compliant
model years.
Nonroad Diesel Rule. On June 29,
2004 (69 FR 38958), EPA issued a rule
adopting emissions standards for
nonroad diesel engines and sulfur
reductions in nonroad diesel fuel. This
rule applies to diesel engines used
primarily in construction, agricultural,
and industrial applications. Emission
standards are phased in for 2008
through 2015 model years based on
engine size. The SO2 limits for nonroad
diesel fuels were phased in from 2007
through 2012. EPA estimates that when
fully implemented, compliance with
this rule will cut NOX emissions from
these nonroad diesel engines by
approximately 90%. Some of these
emission reductions occurred by the
attainment years and additional
emission reductions will occur
throughout the maintenance period.
Nonroad Spark-Ignition Engines and
Recreational Engine Standards. On
November 8, 2002 (67 FR 68242), EPA
adopted emission standards for large
spark-ignition engines such as those
used in forklifts and airport groundservice equipment; recreational vehicles
such as off-highway motorcycles, allterrain vehicles, and snowmobiles; and
recreational marine diesel engines.
These emission standards are phased in
from model year 2004 through 2012.
When fully implemented, EPA estimates
an overall 72% reduction in VOC
emissions from these engines and an
80% reduction in NOX emissions. Some
of these emission reductions occurred
by the attainment years and additional
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emission reductions will occur
throughout the maintenance period.
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Reciprocating Internal Combustion
Engines. On March 3, 2010 (75 FR
9648), EPA issued a rule to reduce
hazardous air pollutants from existing
diesel powered stationary reciprocating
internal combustion engines, also
known as compression ignition engines.
Amendments to this rule were finalized
on January 14, 2013 (78 FR 6674). EPA
estimated that when this rule is fully
implemented in 2013, NOX and VOC
emissions from these engines will be
reduced by approximately 9,600 and
36,000 tons per year, respectively.
Category 3 Marine Diesel Engine
Standards. On April 30, 2010 (75 FR
22896) EPA issued emission standards
for marine compression-ignition engines
at or above 30 liters per cylinder. Tier
2 emission standards apply beginning in
2011, and are expected to result in a
15% to 25% reduction in NOX
emissions from these engines. Final Tier
3 emission standards apply beginning in
2016 and are expected to result in
approximately an 80% reduction in
NOX from these engines. Some of these
emission reductions occurred by the
attainment years and additional
emission reductions will occur
throughout the maintenance period.
c. Control Measures Specific to the
Cincinnati Area
Changes at several EGUs have
resulted in reductions in NOX
emissions. Tanner’s Creek Generating
Station in Dearborn County, Indiana
permanently shut down in May 2015.
Prior to the shutdown, NOX emissions
had dropped from 15.08 tons per
summer day (TPSD) in 2011 to 10.6
TPSD in 2014. The Walter C. Beckjord
facility in Clermont County, Ohio
permanently shut down in October of
2014. Prior to the shutdown, NOX
emissions from EGUs in Clermont
County dropped from 43.41 TPSD in
2011 to 41.17 TPSD in 2014, partly
attributable to the Walter C. Beckjord
facility. Finally, Unit 3 (163 megawatts)
of the Miami Fort facility in Hamilton
County, Ohio permanently shut down in
June of 2015. Prior to shutdown, NOX
emissions from EGUs in Hamilton
County dropped from 17.72 TPSD in
2011 to 17.46 TPSD in 2014, partly
attributable to reductions at unit 3 at
Miami Fort.
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2. Emission Reductions
Indiana is using a 2011 inventory as
the nonattainment base year. Area,
nonroad mobile, airport related
emissions (AIR), and point source
emissions (EGUs and non-EGUs) were
collected from the Ozone NAAQS
Implementation Modeling platform
(2011v6.1). For 2011, this represents
actual data reported to EPA by the states
for the 2011 National Emissions
inventory (NEI). Because emissions from
state inventory databases, the NEI, and
the Ozone NAAQS Emissions Modeling
platform are annual totals, tons per
summer day were derived according to
EPA’s guidance document ‘‘Temporal
Allocation of Annual Emissions Using
EMCH Temporal Profiles’’ dated April
29 2002, using the temporal allocation
references accompanying the 2011v6.1
modeling inventory files. Onroad
mobile source emissions were
developed in conjunction with the
Ohio-Kentucky-Indiana Regional
Council of Governments (OKI) and were
calculated from emission factors
produced by EPA’s 2014 Motor Vehicle
Emission Simulator (MOVES) model
and data extracted from the region’s
travel-demand model.
For the attainment inventory, Indiana
is using 2014, one of the years the
Cincinnati area monitored attainment of
the 2008 ozone standard. Because the
2014 NEI inventory was not available at
the time IDEM was compiling the
redesignation request, the state was
unable to use the 2014 NEI inventory
directly. For area, nonroad mobile, and
AIR, 2014 emissions were derived by
interpolating between 2011 and 2018
Ozone NAAQS Emissions Modeling
platform inventories. The point source
sector for the 2014 inventory was
developed using actual 2014 point
source emissions reported to the state
databases, which serve as the basis for
the point source emissions reported to
EPA for the NEI. Summer day
inventories were derived for these
sectors using the methodology described
above. Finally, onroad mobile source
emissions were developed in
conjunction with OKI using the same
methodology described above for the
2011 inventory.
Using the inventories described
above, Indiana’s submittal documents
changes in VOC and NOX emissions
from 2011 to 2014 for the Cincinnati
area. Emissions data are shown in
Tables 2 through 7.
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95089
TABLE 2—CINCINNATI AREA NOX EMISSIONS FOR NONATTAINMENT YEAR 2011
[TPSD]
County
Point
Indiana:
Dearborn ...........................................
Ohio:
Butler .................................................
Clermont ...........................................
Clinton ...............................................
Hamilton ............................................
Warren ..............................................
Kentucky:
Boone ................................................
Campbell ...........................................
Kenton ...............................................
Area Totals ................................
AIR
Nonroad
Area
Onroad
Total
17.79
0.00
0.53
0.47
1.89
20.68
10.67
43.55
0.00
26.29
1.55
0.02
0.00
0.00
0.02
0.00
4.27
2.27
1.15
8.56
3.24
4.78
1.14
0.52
10.09
1.66
12.24
7.52
4.53
33.69
9.84
31.98
54.48
6.20
78.65
16.29
7.19
0.17
0.01
2.03
0.00
0.00
1.06
0.38
0.77
0.43
0.49
1.02
6.90
4.30
6.53
17.61
5.34
8.33
107.22
2.07
22.23
20.60
87.44
239.56
TABLE 3—CINCINNATI AREA VOC EMISSIONS FOR NONATTAINMENT YEAR 2011
[TPSD]
County
Point
Indiana:
Dearborn ...........................................
Ohio:
Butler .................................................
Clermont ...........................................
Clinton ...............................................
Hamilton ............................................
Warren ..............................................
Kentucky:
Boone ................................................
Campbell ...........................................
Kenton ...............................................
AIR
Nonroad
Area
Onroad
Total
4.28
0.42
1.75
1.33
7.78
3.09
0.49
0.00
2.62
0.62
0.03
0.01
0.01
0.04
0.01
2.93
1.95
0.84
7.44
2.12
9.59
5.41
2.49
21.88
5.71
10.21
6.27
2.27
28.09
8.21
25.85
14.13
5.61
60.07
16.67
1.73
0.22
0.51
0.42
0.00
0.00
1.49
0.40
0.62
2.66
1.29
2.51
3.30
2.05
3.12
9.60
3.96
6.76
13.56
Area Totals ................................
0.00
0.52
18.21
53.29
64.85
150.43
TABLE 4—CINCINNATI AREA NOX EMISSIONS FOR ATTAINMENT YEAR 2014
[TPSD]
County
Point
Indiana:
Dearborn ...........................................
Ohio:
Butler .................................................
Clermont ...........................................
Clinton ...............................................
Hamilton ............................................
Warren ..............................................
Kentucky:
Boone ................................................
Campbell ...........................................
Kenton ...............................................
AIR
Nonroad
Area
Onroad
Total
11.74
0.44
0.47
1.37
14.02
12.70
41.20
0.00
21.65
0.96
0.02
0.00
0.00
0.02
0.00
3.39
1.81
0.96
6.76
2.55
4.78
1.14
0.52
10.08
1.66
8.85
5.44
3.51
24.37
7.12
29.74
49.59
4.99
62.88
12.29
7.37
0.17
0.01
2.07
0.00
0.00
0.88
0.32
0.64
0.43
0.49
1.02
5.46
3.41
5.17
16.21
4.39
6.84
95.80
Area Totals ................................
0.00
2.11
17.75
20.59
64.70
200.95
TABLE 5—CINCINNATI AREA VOC EMISSIONS FOR ATTAINMENT YEAR 2014
mstockstill on DSK3G9T082PROD with PROPOSALS
[TPSD]
County
Point
Indiana:
Dearborn ...........................................
Ohio:
Butler .................................................
Clermont ...........................................
Clinton ...............................................
Hamilton ............................................
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AIR
Nonroad
Area
Onroad
Total
5.54
0.36
1.75
0.99
8.64
2.96
0.63
0.01
2.73
PO 00000
0.00
0.03
0.01
0.01
0.04
2.61
1.73
0.71
6.54
9.51
5.36
2.51
21.66
7.59
4.66
1.53
20.88
22.70
12.39
4.77
51.85
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules
TABLE 5—CINCINNATI AREA VOC EMISSIONS FOR ATTAINMENT YEAR 2014—Continued
[TPSD]
County
Point
AIR
Nonroad
Area
Onroad
Total
Warren ..............................................
Kentucky:
Boone ................................................
Campbell ...........................................
Kenton ...............................................
0.51
0.01
1.93
5.66
6.10
14.21
1.73
0.22
0.51
0.42
0.00
0.00
1.30
0.34
0.55
2.56
1.26
2.43
2.53
1.58
2.39
8.54
3.40
5.88
Area Totals ................................
14.84
0.52
16.07
52.70
48.25
132.38
TABLE 6—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2011 AND 2014 FOR THE INDIANA PORTION OF THE
CINCINNATI AREA
[TPSD]
NOX
2011
VOC
Net change
(2011–2014)
2014
2011
Net change
(2011–2014)
2014
Point .........................................................
AIR ...........................................................
Nonroad ...................................................
Area ..........................................................
Onroad .....................................................
17.79
0.00
0.53
0.47
1.89
11.74
0.00
0.44
0.47
1.37
¥6.05
0.00
¥0.09
0.00
¥0.52
4.28
0.00
0.42
1.75
1.33
5.54
0.00
0.36
1.75
0.99
1.26
0.00
¥0.06
0.00
¥0.34
Total ..................................................
20.68
14.02
¥6.66
7.78
8.64
0.86
TABLE 7—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2011 AND 2014 FOR THE ENTIRE CINCINNATI AREA
[TPSD]
NOX
2011
VOC
Net change
(2011–2014)
2014
2011
2014
Net change
(2011–2014)
Point .........................................................
AIR ...........................................................
Nonroad ...................................................
Area ..........................................................
Onroad .....................................................
107.22
2.07
22.23
20.60
87.44
95.80
2.11
17.75
20.59
64.70
¥11.42
0.04
¥4.48
¥0.01
¥22.74
13.56
0.52
18.21
53.29
64.85
14.84
0.52
16.07
52.70
48.25
1.28
0.00
¥2.14
¥0.59
¥16.60
Total ..................................................
239.56
200.95
¥38.61
150.43
132.38
¥18.05
Table 7 shows that the Cincinnati area
reduced NOX and VOC emissions by
38.61 TPSD and 18.05 TPSD,
respectively, between 2011 and 2014.
As shown in Table 6, the Indiana
portion of the Cincinnati area alone
reduced NOX emissions by 6.66 TPSD,
but VOC emissions increased slightly by
0.86 TPSD, between 2011 and 2014.
However, overall there was a substantial
decrease in both NOX and VOC
emissions for the entire Cincinnati area.
mstockstill on DSK3G9T082PROD with PROPOSALS
3. Meteorology.
To further support IDEM’s
demonstration that the improvement in
air quality between the year violations
occurred and the year attainment was
achieved, is due to permanent and
enforceable emission reductions and not
on favorable meteorology, an analysis
was performed by the Lake Michigan
Air Directors Consortium (LADCO). A
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classification and regression tree
(CART) analysis was conducted with
2000 through 2014 data from three
Cincinnati area ozone sites. The goal of
the analysis was to determine the
meteorological and air quality
conditions associated with ozone
episodes, and construct trends for the
days identified as sharing similar
meteorological conditions.
Regression trees were developed for
the three monitors to classify each
summer day by its ozone concentration
and associated meteorological
conditions. By grouping days with
similar meteorology, the influence of
meteorological variability on the
underlying trend in ozone
concentrations is partially removed and
the remaining trend is presumed to be
due to trends in precursor emissions or
other non-meteorological influences.
The CART analysis showed that,
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reducing the impact of meteorology, the
resulting trends in ozone concentrations
declined over the period examined,
supporting the conclusion that the
improvement in air quality was not due
to unusually favorable meteorology.
D. Does Indiana have a fully approvable
ozone maintenance plan for the
Cincinnati area?
As one of the criteria for redesignation
to attainment section 107(d)(3)(E)(iv) of
the CAA requires EPA to determine that
the area has a fully approved
maintenance plan pursuant to section
175A of the CAA. Section 175A of the
CAA sets forth the elements of a
maintenance plan for areas seeking
redesignation from nonattainment to
attainment. Under section 175A, the
maintenance plan must demonstrate
continued attainment of the NAAQS for
at least 10 years after the Administrator
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules
approves a redsignation to attainment.
Eight years after the redesignation, the
state must submit a revised maintenance
plan which demonstrates that
attainment of the NAAQS will continue
for an additional 10 years beyond the
initial 10-year maintenance period. To
address the possibility of future NAAQS
violations, the maintenance plan must
contain contingency measures, as EPA
deems necessary, to assure prompt
correction of the future NAAQS
violation.
The Calcagni Memorandum provides
further guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
elements: (1) An attainment emission
inventory; (2) a maintenance
demonstration; (3) a commitment for
continued air quality monitoring; (4) a
process for verification of continued
attainment; and (5) a contingency plan.
In conjunction with its request to
redesignate the Indiana portion of the
Cincinnati area to attainment for the
2008 ozone standard, IDEM submitted a
SIP revision to provide for maintenance
of the 2008 ozone standard through
2030, more than 10 years after the
expected effective date of the
redesignation to attainment. As is
discussed more fully below, EPA
proposes to find that Indiana’s ozone
maintenance plan includes the
necessary components and is proposing
to approve the maintenance plan as a
revision of the Indiana SIP.
1. Attainment Inventory
EPA is proposing to determine that
the Cincinnati area has attained the
2008 ozone NAAQS based on
monitoring data for the period of 2013–
2015. IDEM selected 2014 as the
attainment emissions inventory year to
establish attainment emission levels for
VOC and NOX. The attainment
emissions inventory identifies the levels
of emissions in the Cincinnati area that
are sufficient to attain the 2008 ozone
NAAQS. The derivation of the
attainment year emissions was
discussed above in section IV.C.2. of
this premble. The attainment level
emissions, by source category, are
summarized in Tables 4 and 5 above.
2. Has the state documented
maintenance of the ozone standard in
the Cincinnati area?
Indiana has demonstrated
maintenance of the 2008 ozone standard
through 2030 by assuring that current
and future emissions of VOC and NOX
for the Cincinnati area remain at or
below attainment year emission levels.
A maintenance demonstration need not
be 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
95091
(October 19, 2001), 68 FR 25413, 25430–
25432 (May 12, 2003).
Indiana is using emissions inventories
for the years 2020 and 2030 to
demonstrate maintenance. 2030 is more
than 10 years after the expected
effective date of the redesignation to
attainment and 2020 was selected to
demonstrate that emissions are not
expected to spike in the interim
between the attainment year and the
final maintenance year. The emissions
inventories were developed as described
below.
To develop the 2020 and 2030
inventories, the state collected data from
the Ozone NAAQS Emissions Modeling
platform (2011v6.1) inventories for
years 2011, 2018 and 2025. 2020
emissions for area, nonroad mobile,
AIR, and point source sectors were
derived by interpolating between 2018
and 2025. 2030 emissions for area,
nonroad mobile, AIR, and point source
sectors were derived using the TREND
function in Excel. If the trend function
resulted in a negative value the
emissions were assumed not to change.
Summer day inventories were derived
for these sectors using the methodology
described in section IV.C.2. above.
Finally, onroad mobile source emissions
were developed in conjunction with
OKI using the same methodology
described in section IV.C.2. above for
the 2011 inventory. Emissions data are
shown in Tables 8 through 13 below.
TABLE 8—CINCINNATI AREA NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2020
[TPSD]
County
Point
Indiana:
Dearborn ...........................................
Ohio:
Butler .................................................
Clermont ...........................................
Clinton ...............................................
Hamilton ............................................
Warren ..............................................
Kentucky:
Boone ................................................
Campbell ...........................................
Kenton ...............................................
AIR
Nonroad
Area
Onroad
Total
2.96
0.30
0.48
0.74
4.48
9.77
31.32
0.00
18.73
1.54
0.02
0.00
0.00
0.02
0.00
2.03
1.11
0.64
4.06
1.50
4.78
1.14
0.52
10.08
1.66
4.74
2.91
1.86
13.05
3.81
21.34
36.48
3.02
45.94
8.51
7.86
0.17
0.01
2.29
0.00
0.00
0.60
0.23
0.43
0.43
0.49
1.02
2.41
1.50
2.28
13.59
2.39
3.74
72.36
Area Totals ................................
0.00
2.33
10.90
20.60
33.30
139.49
TABLE 9—CINCINNATI AREA VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2020
mstockstill on DSK3G9T082PROD with PROPOSALS
[TPSD]
County
Point
Indiana:
Dearborn ...........................................
Ohio:
Butler .................................................
Clermont ...........................................
Clinton ...............................................
Hamilton ............................................
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Jkt 241001
AIR
Nonroad
Area
Onroad
Total
4.06
0.29
1.77
0.62
6.74
2.98
0.51
0.00
2.54
PO 00000
0.00
0.03
0.01
0.01
0.04
2.23
1.43
0.51
5.42
9.38
5.28
2.54
21.30
4.79
2.94
0.93
13.18
19.41
10.17
3.99
42.48
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95092
Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules
TABLE 9—CINCINNATI AREA VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2020—Continued
[TPSD]
County
Point
AIR
Nonroad
Area
Onroad
Total
Warren ..............................................
Kentucky:
Boone ................................................
Campbell ...........................................
Kenton ...............................................
0.60
0.01
1.54
5.59
3.85
11.59
1.73
0.22
0.49
0.45
0.00
0.00
1.03
0.25
0.47
2.41
1.22
2.31
1.38
0.86
1.30
7.00
2.55
4.57
Area Totals ................................
13.13
0.55
13.17
51.80
29.85
108.50
TABLE 10—CINCINNATI AREA NOX EMISSIONS FOR MAINTENANCE YEAR 2030
[TPSD]
County
Point
Indiana:
Dearborn ...........................................
Ohio:
Butler .................................................
Clermont ...........................................
Clinton ...............................................
Hamilton ............................................
Warren ..............................................
Kentucky:
Boone ................................................
Campbell ...........................................
Kenton ...............................................
AIR
Nonroad
Area
Onroad
Total
2.96
0.18
0.48
0.39
4.01
9.83
31.32
0.00
18.75
1.54
0.00
0.00
0.00
0.00
0.00
1.16
0.63
0.29
2.59
0.78
4.79
1.15
0.53
10.10
1.67
2.44
1.50
1.28
6.71
1.96
18.22
34.60
2.10
38.15
5.95
8.51
0.17
0.01
0.29
0.00
0.00
0.38
0.15
0.27
0.44
0.49
1.02
1.05
0.65
0.99
10.67
1.46
2.29
73.09
Area Totals ................................
0.00
0.29
6.43
20.67
16.97
117.45
TABLE 11—CINCINNATI AREA VOC EMISSIONS FOR MAINTENANCE YEAR 2030
[TPSD]
County
Point
Indiana:
Dearborn ...........................................
Ohio:
Butler .................................................
Clermont ...........................................
Clinton ...............................................
Hamilton ............................................
Warren ..............................................
Kentucky:
Boone ................................................
Campbell ...........................................
Kenton ...............................................
AIR
Nonroad
Area
Onroad
Total
4.06
0.27
1.85
0.38
6.56
3.00
0.64
0.01
2.62
0.58
0.01
0.00
0.00
0.00
0.00
2.43
1.46
0.42
5.87
1.51
9.31
5.20
2.61
21.01
5.52
2.88
1.77
0.71
7.92
2.32
17.63
9.07
3.75
37.42
9.93
1.73
0.21
0.47
0.06
0.00
0.00
0.92
0.22
0.50
2.36
1.19
2.25
0.77
0.48
0.73
5.84
2.10
3.95
13.32
Area Totals ................................
0.00
0.07
13.60
51.30
17.96
96.25
TABLE 12—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2014 AND 2030 FOR THE INDIANA PORTION OF THE
CINCINNATI AREA
[TPSD]
NOX
mstockstill on DSK3G9T082PROD with PROPOSALS
2014
2020
VOC
2030
Net change
(2014–
2030)
2014
2020
2030
Net change
(2014–
2030)
Point .................................
AIR ...................................
Nonroad ...........................
Area ..................................
Onroad .............................
11.74
0.00
0.44
0.47
1.37
2.96
0.00
0.30
0.48
0.74
2.96
0.00
0.18
0.48
0.39
¥8.78
0.00
¥0.26
0.01
¥0.98
5.54
0.00
0.36
1.75
0.99
4.06
0.00
0.29
1.77
0.62
4.06
0.00
0.27
1.85
0.38
¥1.48
0.00
¥0.09
0.10
¥0.61
Total ..........................
14.02
4.48
4.01
¥10.01
8.64
6.74
6.56
¥2.08
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95093
TABLE 13—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2014 AND 2030 FOR THE ENTIRE CINCINNATI AREA
[TPSD]
VOC
NOX
2014
2020
2030
Net change
(2014–
2030)
2014
2020
2030
Net change
(2014–
2030)
Point .................................
AIR ...................................
Nonroad ...........................
Area ..................................
Onroad .............................
95.80
2.11
17.75
20.59
64.70
72.36
2.33
10.90
20.60
33.30
73.09
0.29
6.43
20.67
16.97
¥22.71
¥1.82
¥11.32
0.08
¥47.73
14.84
0.52
16.07
52.70
48.25
13.13
0.55
13.17
51.80
29.85
13.32
0.07
13.60
51.30
17.96
¥1.52
¥0.45
¥2.47
¥1.40
¥30.29
Total ..........................
200.95
139.49
117.45
¥83.50
132.38
108.50
96.25
¥36.13
In summary, the maintenance
demonstration for the Cincinnati area
shows maintenance of the 2008 ozone
standard by providing emissions
information to support the
demonstration that future emissions of
NOX and VOC will remain at or below
2014 emission levels when taking into
account both future source growth and
implementation of future controls. Table
13 shows NOX and VOC emissions in
the Cincinnati area are projected to
decrease by 83.50 TPSD and 36.13
TPSD, respectively, between 2014 and
2030. As shown in Table 12, NOX and
VOC emissions in the Indiana portion of
the Cincinnati area alone are projected
to decrease by 10.01 TPSD and 2.08
TPSD, respectively, between 2014 and
2030.
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3. Continued Air Quality Monitoring
IDEM has committed to continue to
operate the ozone monitors listed in
Table 1 above. IDEM has committed to
consult with EPA prior to making
changes to the existing monitoring
network should changes become
necessary in the future. Indiana remains
obligated to meet monitoring
requirements and continue to quality
assure monitoring data in accordance
with 40 CFR part 58, and to enter all
data into the Air Quality System (AQS)
in accordance with Federal guidelines.
4. Verification of Continued Attainment
The State of Indiana has the legal
authority to enforce and implement the
requirements of the maintenance plan
for the Indiana portion of the Cincinnati
area. This includes the authority to
adopt, implement, and enforce any
subsequent emission control measures
determined to be necessary to correct
future ozone attainment problems.
Verification of continued attainment
is accomplished through operation of
the ambient ozone monitoring network
and the periodic update of the area’s
emissions inventory. IDEM will
continue to operate the current ozone
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monitors located in the Indiana portion
of the Cincinnati area. There are no
plans to discontinue operation, relocate,
or otherwise change the existing ozone
monitoring network other than through
revisions in the network approved by
the EPA.
In addition, to track future levels of
emissions, IDEM will continue to
develop and submit to EPA updated
emission inventories for all source
categories at least once every three
years, consistent with the requirements
of 40 CFR part 51, subpart A, and in 40
CFR 51.122. The Consolidated
Emissions Reporting Rule (CERR) was
promulgated by EPA on June 10, 2002
(67 FR 39602). The CERR was replaced
by the Annual Emissions Reporting
Requirements (AERR) on December 17,
2008 (73 FR 76539). The most recent
triennial inventory for Indiana was
compiled for 2014. Point source
facilities covered by Indiana’s emissions
statements rule, which was submitted
separately by IDEM for inclusion in
Indiana’s SIP and is being considered by
EPA in a separate rule, will submit VOC
and NOX emissions on an annual basis.
5. What is the contingency plan for the
Cincinnati area?
Section 175A of the CAA requires that
the state must adopt a maintenance
plan, as a SIP revision, that includes
such contingency measures as EPA
deems necessary to assure that the state
will promptly correct a violation of the
NAAQS that occurs after redesignation
of the area to attainment of the NAAQS.
The maintenance plan must identify:
The contingency measures to be
considered and, if needed for
maintenance, adopted and
implemented; a schedule and procedure
for adoption and implementation; 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
considered, adopted, and implemented.
The maintenance plan must include a
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commitment that the state will
implement all measures with respect to
the control of the relevant pollutants
that were in the SIP before redesignation
of the area to attainment in accordance
with section 175A(d) of the CAA.
As required by section 175A of the
CAA, Indiana has adopted a
contingency plan for the Cincinnati area
to address possible future ozone air
quality problems. The contingency plan
adopted by Indiana has two levels of
response, a warning level response and
an action level response.
In Indiana’s plan, a warning level
response will be triggered when an
annual fourth high monitored value of
0.079 ppm or higher is monitored
within the maintenance area. A warning
level response will consist of IDEM
conducting a study to determine
whether the ozone value indicates a
trend toward higher ozone values and/
or whether emissions appear to be
increasing. The studies will evaluate
whether the trend, if any, is likely to
continue and, if so, the control measures
necessary to reverse the trend. The
studies 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.
In Indiana’s plan, an action level
response is triggered when a two-year
average fourth high value of 0.076 ppm
or greater is monitored within the
maintenance area. A violation of the
standard within the maintenance area
also triggers an action level response.
When an action level response is
triggered, IDEM will determine what
additional control measures are needed
to assure future attainment of the ozone
standard, and will adopt these measures
through the necessary administrative
and legal process, including the
opportunity for a public hearing.
Control measures selected will be
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conformity is a requirement for
nonattainment and maintenance areas.
Maintenance areas are areas that were
previously nonattainment for a
particular NAAQS, but that have been
redesignated to attainment with an
approved maintenance plan for the
NAAQS.
Under the CAA, states are required to
submit, at various times, control strategy
SIPs for nonattainment areas and
maintenance plans for areas seeking
redesignations to attainment of the
ozone standard and maintenance areas.
See the SIP requirements for the 2008
ozone standard in EPA’s March 6, 2015
implementation rule (80 FR 12264).
These control strategy SIPs (including
reasonable further progress plans and
attainment plans) and maintenance
plans must include MVEBs for criteria
pollutants, including ozone, and their
precursor pollutants (VOC and NOX for
ozone) to address pollution from onroad
transportation sources. The MVEBs are
the portion 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. See 40 CFR 93.101.
Under 40 CFR part 93, a MVEB for an
area seeking a redesignation to
attainment must be established, at
minimum, for the last year of the
maintenance plan. A state may adopt
MVEBs for other years as well. The
MVEB serves as a ceiling on emissions
from an area’s planned transportation
system. The MVEB concept is further
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,
subsequent to initially establishing a
MVEB in the SIP.
V. Has the state adopted approvable
motor vehicle emission budgets?
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adopted and implemented within 18
months from the close of the ozone
season that prompted the action level.
IDEM may also consider if a new
measure or control is already
promulgated and scheduled to be
implemented at the federal or state level
and would thus constitute an adequate
contingency measure response.
IDEM included the following list of
potential contingency measures in its
maintenance plan:
1. Installation of a vehicle emissions
testing program
2. Asphalt paving (lower VOC
formulation)
3. Diesel exhaust retrofits
4. Traffic flow improvements
5. Idle reduction programs
6. Portable fuel container regulation
(statewide)
7. Park and ride facilities
8. Rideshare/carpool program
9. VOC cap/trade program for major
stationary sources
10. NOX Reasonably Available Control
Technology
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. In addition, as
required by section 175A(b) of the CAA,
IDEM has committed to submit to EPA
an updated ozone maintenance plan
eight years after redesignation of the
Indiana portion of the Cincinnati area to
cover an additional ten years beyond the
initial 10-year maintenance period.
Thus, EPA proposes to find that the
maintenance plan SIP revision
submitted by IDEM for the Indiana
portion of the Cincinnati area meets the
requirements of section 175A of the
CAA.
B. What is the status of EPA’s adequacy
determination for the proposed VOC
and NOX MVEBs for the Cincinnati
area?
When reviewing submitted control
strategy SIPs or maintenance plans
containing MVEBs, EPA must
affirmatively find that the MVEBs
contained therein are adequate for use
in determining transportation
conformity. Once EPA affirmatively
finds that the submitted MVEBs are
adequate for transportation purposes,
the MVEBs must be 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 adequacy of a MVEB are set
A. Motor Vehicle Emission Budgets
Under section 176(c) of the CAA, new
transportation plans, programs, or
projects that receive Federal funding or
support, such as the construction of new
highways, must ‘‘conform’’ to (i.e., be
consistent with) the SIP. Conformity to
the SIP means that transportation
activities will not cause new air quality
violations, worsen existing air quality
problems, or delay timely attainment of
the NAAQS or interim air quality
milestones. Regulations at 40 CFR part
93 set forth EPA policy, criteria, and
procedures for demonstrating and
assuring conformity of transportation
activities to a SIP. Transportation
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out in 40 CFR 93.118(e)(4). The process
for determining adequacy consists of
three basic steps: Public notification of
a SIP submission; provision for a public
comment period; and EPA’s adequacy
determination. This process for
determining the adequacy of submitted
MVEBs for transportation conformity
purposes was initially outlined in EPA’s
May 14, 1999 guidance, ‘‘Conformity
Guidance on Implementation of March
2, 1999, Conformity Court Decision.’’
EPA adopted regulations to codify the
adequacy process in the Transportation
Conformity Rule Amendments for the
‘‘New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and
Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change,’’
on July 1, 2004 (69 FR 40004).
Additional information on the adequacy
process for transportation conformity
purposes is available in the proposed
rule titled, ‘‘Transportation Conformity
Rule Amendments: Response to Court
Decision and Additional Rule Changes,’’
68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, Indiana’s
maintenance plan includes NOX and
VOC MVEBs for the Cincinnati area for
2030 and 2020, the last year of the
maintenance period and an interim
year. EPA reviewed the VOC and NOX
MVEBs through the adequacy process.
Indiana’s February 23, 2016,
maintenance plan SIP submission,
including the VOC and NOX MVEBs for
the Indiana and Ohio portion of the
Cincinnati area, was open for public
comment on EPA’s adequacy Web site
on July 22, 2016, found at: https://
www.epa.gov/otaq/stateresources/
transconf/currsips.htm. The EPA public
comment period on adequacy of the
2020 and 2030 MVEBs for the Indiana
and Ohio portion of the Cincinnati area
closed on August 22, 2016. No
comments on the submittal were
received during the adequacy comment
period. The submitted maintenance
plan, which included the MVEBs, was
endorsed by the Governor (or his or her
designee) and was subject to a state
public hearing. The MVEBs were
developed as part of an interagency
consultation process which includes
Federal, state, and local agencies. The
MVEBs were clearly identified and
precisely quantified. These MVEBs,
when considered together with all other
emissions sources, are consistent with
maintenance of the 2008 ozone
standard.
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TABLE 14—MVEBS FOR THE INDIANA AND OHIO PORTION OF THE CINCINNATI AREA, TPSD
Attainment
year 2014
onroad
emissions
VOC .............................
NOX ..............................
2020
Estimated
onroad
emissions
41.75
50.66
26.31
27.11
As shown in Table 14, the 2020 and
2030 MVEBs are greater than the
estimated 2020 and 2030 onroad sector
emissions. In an effort to accommodate
future variations in travel demand
models and vehicle miles traveled
forecast, IDEM allocated a portion of the
safety margin (described further below)
to the mobile sector. Indiana has
demonstrated that the Cincinnati area
can maintain the 2008 ozone NAAQS
with mobile source emissions in the
Indiana and Ohio portion of the area of
30.02 TPSD and 18.22 TPSD of VOC in
2020 and 2030, respectively, and 30.79
TPSD and 16.22 TPSD of NOX in 2020
2020
Mobile
safety
margin
allocation
2020 MVEBs
3.71
3.68
2030
Estimated
onroad
emissions
30.02
30.79
and 2030, respectively, since despite
partial allocation of the safety margin,
emissions will remain under attainment
year emission levels. EPA has found
adequate and is proposing to approve
the MVEBs for use to determine
transportation conformity in the Indiana
and Ohio portion of the Cincinnati area,
because EPA has determined that the
area can maintain attainment of the
2008 ozone NAAQS for the relevant
maintenance period with mobile source
emissions at the levels of the MVEBs.
C. What is a safety margin?
A ‘‘safety margin’’ is the difference
between the attainment level of
15.98
14.28
2030
Mobile
safety
margin
allocation
2030 MVEBs
2.24
1.94
18.22
16.22
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. As
shown in Table 15 below, the emissions
in the Indiana and Ohio portion of the
Cincinnati area, excluding the Kentucky
portion of the area, are projected to have
safety margins of 70.48 TPSD for NOX
and 30.20 TPSD for VOC in 2030 (the
difference between the attainment year,
2014, emissions and the projected 2030
emissions for all sources in just the
Indiana and Ohio portion of the
Cincinnati area). Similarly, there is a
safety margin of 53.74 TPSD for NOX
and 20.18 TPSD for VOC in 2020.
TABLE 15—SAFETY MARGIN FOR THE INDIANA AND OHIO PORTION OF THE CINCINNATI AREA, TPSD
Attainment
year 2014
emissions
from all
sources
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VOC .....................................................................................
NOX ......................................................................................
Even if emissions reached the full
level of the safety margin, the counties
would still demonstrate maintenance
since emission levels would equal those
in the attainment year.
As shown in Table 14 above, a portion
of the safety margin for the Indiana and
Ohio portion of the Cincinnati area is
allocated to the mobile source sector.
Specifically, in 2020, 3.71 TPSD and
3.68 TPSD of the VOC and NOX safety
margins, respectively, are allocated to
the mobile source sector. In 2030, 2.24
TPSD and 1.94 TPSD of the VOC and
NOX safety margins, respectively, are
allocated to the mobile source sector.
The requested amount allocated to the
MVEBs represents only a small portion
of the 2020 and 2030 safety margins.
Therefore, even though the requested
MVEBs are greater than the projected
onroad mobile source emissions for
2020 and 2030 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
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2020
Estimated
emissions
from all
sources
114.56
173.51
94.38
119.77
ozone maintenance demonstration.
Further, once allocated to mobile
sources, these safety margins will not be
available for use by other sources.
VI. Has the state submitted approvable
emission inventories?
A. The 2008 Ozone NAAQS and
Emission Inventory Requirements
CAA sections 172(c)(3) and 182(a)(1),
42 U.S.C. 7502(c)(3) and 7511a(a)(1),
require states to develop and submit, as
SIP revisions, emission inventories for
all areas designated as nonattainment
for any NAAQS, including the 2008
ozone NAAQS. An emission inventory
for ozone is an estimation of actual
emissions of air pollutants that
contribute to the formation of ozone in
an area. Therefore, an emission
inventory for ozone focuses on the
emissions of VOC and NOX. VOC is
emitted by many types of pollution
sources, including power plants,
industrial sources, onroad and nonroad
mobile sources, smaller stationary
sources, collectively referred to as area
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2020
Safety
margin
allocation
20.18
53.74
2030
Estimated
emissions
from all
sources
84.36
103.03
2030
Safety
margin
allocation
30.20
70.48
sources, and biogenic sources.7 NOX is
primarily emitted by combustion
sources, both stationary and mobile.
Emission inventories provide
emissions data for a variety of air
quality planning tasks, including
establishing baseline emission levels
(anthropogenic [manmade] emissions
associated with ozone standard
violations), calculating emission
reduction targets needed to attain the
NAAQS and to achieve reasonable
further progress toward attainment of
the ozone standard (not required in the
area considered here), determining
emission inputs for ozone air quality
modeling analyses, and tracking
emissions over time to determine
progress toward achieving air quality
and emission reduction goals. As stated
above, the CAA requires the states to
submit emission inventories for areas
designated as nonattainment for ozone.
7 Biogenic emissions are produced by living
organisms and are typically not included in the
base year emission inventories, but are considered
in ozone modeling analyses, which must consider
all emissions in a modeled area.
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summer day VOC and NOX emissions
within appendix H of its February 23,
2016, submittal.
Nonroad mobile source emissions
were estimated using EPA’s National
Mobile Inventory Model (NMIM). The
emission estimates were processed
through the Consolidated Community
Emissions Processing Tool (CONCEPT)
to spatially allocate the emissions to the
county levels.
B. Indiana’s Emission Inventories
As described earlier, area, nonroad
mobile, and point source emissions
Indiana’s February 23, 2016
(EGUs and non-EGUs) were collected
submission includes a SIP revision
from the Ozone NAAQS
addressing the VOC and NOX emission
Implementation Modeling platform
inventory requirement for the Indiana
(2011v6.1). For 2011, this represents
portion of the Cincinnati area. Table 16
actual data reported to EPA by the states
summarizes the 2011 VOC and NOX
for the 2011 NEI. Because emissions
emissions for the Indiana portion of the
data from state inventory databases, the
Cincinnati area for a typical summer
NEI, and the Ozone NAAQS Emissions
day (reflective of the summer period,
Modeling platform are annual totals,
when the highest ozone concentrations
are expected in the nonattainment area). tons per summer day were derived
according to EPA’s guidance document
TABLE 16—INDIANA PORTION OF CIN- ‘‘Temporal Allocation of Annual
CINNATI AREA 2011 EMISSION IN- Emissions Using EMCH Temporal
Profiles’’ dated April 29 2002, using the
VENTORY
temporal allocation references
[tons per day]
accompanying the 2011v6.1 modeling
inventory files.
Source type
VOC
NOX
Onroad mobile source emissions were
Non-EGU Point
4.01
2.71 developed in conjunction with the
EGU Point .........
0.27
15.08 Ohio-Kentucky-Indiana Regional
Area ..................
1.75
0.47 Council of Governments (OKI) and were
Onroad Mobile ..
1.33
1.89 calculated from emission factors
Nonroad Mobile
0.42
0.53 produced by EPA’s 2014 Motor Vehicle
Emission Simulator (MOVES) model
Totals .........
7.78
20.68
and data extracted from the region’s
travel-demand model.
IDEM estimated VOC and NOX
IDEM applied standardized, EPAemissions for the Indiana portion of the
recommended procedures and data
Cincinnati area by totaling emissions
completeness checks to quality assure
within each source category. To develop (QA) (to assure data accuracy) and
the VOC and NOX emission inventories, quality check (QC) (to assure data
IDEM used the procedures summarized
completeness) the emission
below.
calculations.
The primary source of emissions data
C. EPA’s Evaluation
for non-EGU point sources was sourcereported 2011 Emission Inventory
EPA has reviewed Indiana’s February
System (EIS) data. IDEM requires certain 23, 2016, submittal for consistency with
regulated stationary sources in the
CAA and EPA emission inventory
ozone nonattainment areas to submit
requirements. In particular, EPA has
EISs annually. An EIS contains detailed reviewed the techniques used by IDEM
source type-specific or source unitto derive and quality assure the
specific annual and seasonal actual
emission estimates. EPA has also
emissions for all source units in a
determined that Indiana has provided
facility. The EIS data for all applicable
the public with the opportunity to
facilities were used to calculate annual
review and comment on the
and summer day county-specific point
development of the emission estimates
source emissions. Because they are
and that the state has addressed all
determinative, only the summer day
public comments.
emissions are summarized here.
EGU point source emissions data were 1. Did the state adequately document
the derivation of the emission
obtained from EPA’s Clean Air Markets
estimates?
Division (CAMD). CAMD collects and
processes EGU emissions nationally.
IDEM documented the procedures
For all point sources, IDEM has
used to estimate the emissions for each
provided a detailed list of major point
of the major source types. The
source facilities and their associated
documentation of the emission
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For the 2008 ozone NAAQS, EPA has
recommended that states submit typical
summer day emission estimates for 2011
(78 FR 34178, 34190, June 6, 2013).
States are required to submit estimates
of VOC and NOX emissions for four
general classes of anthropogenic
sources: Stationary point sources; area
sources; onroad mobile sources; and
nonroad mobile sources.
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estimation procedures is thorough and
is adequate for us to determine that
IDEM followed acceptable procedures to
estimate the emissions.
2. Did the state quality assure the
emission estimates?
IDEM developed a quality assurance
plan and followed this plan during the
various phases of the emissions
estimation and documentation process
to QA and QC the emissions for
completeness and accuracy. These
quality assurance procedures were
summarized in the documentation
describing how the emissions totals
were developed. EPA has determined
that the quality assurance procedures
are adequate and acceptable. We
conclude that Indiana has developed
inventories of VOC and NOX emissions
that are comprehensive and complete.
3. Did the state provide for public
review of the requested SIP revision?
IDEM notified the public of the
opportunity for comment, and opened a
comment period to solicit comments
relevant to the emission inventory and
the entire submittal. IDEM has reported
that no comments were received.
VII. Proposed Actions
EPA is proposing to determine that
the Cincinnati nonattainment area is
attaining the 2008 ozone standard,
based on quality-assured and certified
monitoring data for 2013–2015 and that
the Indiana portion of this area has met
the requirements for redesignation
under section 107(d)(3)(E) of the CAA.
EPA is thus proposing to approve
IDEM’s request to change the legal
designation of the Indiana portion of the
Cincinnati area from nonattainment to
attainment for the 2008 ozone standard.
EPA is also proposing to approve, as a
revision to the Indiana SIP, the state’s
maintenance plan for the area. The
maintenance plan is designed to keep
the Cincinnati area in attainment of the
2008 ozone NAAQS through 2030.
Additionally, EPA finds adequate and is
proposing to approve the newlyestablished 2020 and 2030 MVEBs for
the Indiana and Ohio portion of the
Cincinnati area. Finally, EPA is
proposing to approve the 2011 base year
emissions inventory submitted by IDEM
as meeting the base year emissions
inventory requirement of the CAA for
the Indiana portion of the Cincinnati
area.
VIII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
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21:01 Dec 23, 2016
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methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
Dated: December 12, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016–31044 Filed 12–23–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 79 and 80
[EPA–HQ–OAR–2016–0041; FRL–9957–45–
OAR]
RIN 2060–AS66
Renewables Enhancement and Growth
Support Rule; Extension of Comment
Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
public comment period.
AGENCY:
On November 16, 2016, the
Environmental Protection Agency (EPA)
proposed the Renewables Enhancement
and Growth Support (REGS) rule. The
proposal specified that the public
comment period would end on January
17, 2017, 60 days after publication in
the Federal Register. On December 9,
2016, the EPA received a joint request
for an extension of the comment period
from the following parties: American
Soybean Association, Corn Refiners
Association, Global Renewable
Strategies and Consulting, LLC, Growth
Energy, Iowa Biodiesel Board, Iowa
Renewable Fuels Association, National
SUMMARY:
PO 00000
Frm 00032
Fmt 4702
Sfmt 9990
95097
Biodiesel Board, National Renderers
Association, Renewable Fuels
Association, and U.S. Canola
Association. The petitioners requested
an extension in order to have more time
to evaluate the implications of the REGS
rule. In light of the large number of
revisions proposed in this action, the
EPA is extending the deadline for
written comments on the proposal by 30
days to February 16, 2017.
Comments must be received on
or before February 16, 2017.
DATES:
Submit your comments on
the proposed REGS rule, identified by
Docket ID No. EPA–HQ–OAR–2016–
0041, at https://www.regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or
withdrawn from Regulations.gov. The
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
Julia
MacAllister, Assessment and Standards
Division, Office of Transportation and
Air Quality, Environmental Protection
Agency, 2000 Traverwood Drive, Ann
Arbor, MI 48105; telephone number:
(734) 214–4131; email address:
macallister.julia@epa.gov.
FOR FURTHER INFORMATION CONTACT:
The EPA
proposed rule was published on
November 16, 2016, at 81 FR 80828. For
the reasons stated, the public comment
period will now end on February 16,
2017.
SUPPLEMENTARY INFORMATION:
Dated: December 20, 2016.
Christopher Grundler,
Director, Office of Transportation and Air
Quality.
[FR Doc. 2016–31263 Filed 12–23–16; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\27DEP1.SGM
27DEP1
]]>Agencies
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Proposed Rules]
[Pages 95081-95097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31044]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2016-0135; FRL-9957-18-Region 5]
Air Plan Approval; Indiana; Redesignation of the Indiana Portion
of the Cincinnati, Ohio-Kentucky-Indiana Area to Attainment of the 2008
Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to find
that the Cincinnati, Ohio-Kentucky-Indiana area is attaining the 2008
ozone National Ambient Air Quality Standard (NAAQS or standard) and to
approve a request from the Indiana Department of Environmental
Management (IDEM) to redesignate the Indiana portion of the Cincinnati
area to attainment for the 2008 ozone NAAQS because the request meets
the statutory requirements for redesignation under the Clean Air Act
(CAA or Act). The Cincinnati area includes Lawrenceburg Township in
Dearborn County, Indiana; Butler, Clermont, Clinton, Hamilton, and
Warren Counties in Ohio; and, Boone, Campbell, and Kenton Counties in
Kentucky. IDEM submitted this request on February 23, 2016, and
supplemented that submittal with a revised emissions inventory on May
4, 2016. EPA is also proposing to approve, as a revision to the Indiana
State Implementation Plan (SIP), the state's plan for maintaining the
2008 ozone standard through 2030 in the Cincinnati area. Additionally,
EPA finds adequate and is proposing to approve the state's 2020 and
2030 volatile organic compound (VOC) and oxides of nitrogen
(NOX) Motor Vehicle Emission Budgets (MVEBs) for the Indiana
and Ohio portion of the Cincinnati area. Finally, EPA is proposing to
approve the 2011 base year emissions inventory submitted by IDEM as
meeting the base year emissions inventory requirement of the CAA for
the Indiana portion of the Cincinnati area.
DATES: Comments must be received on or before January 26, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0135 at https://www.regulations.gov or via email to
aburano.douglas@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit
[[Page 95082]]
https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-4489,
svingen.eric@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What are the actions EPA is proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Indiana's redesignation request?
A. Has the Cincinnati area attained the 2008 ozone NAAQS?
B. Has Indiana met all applicable requirements of section 110
and part D of the CAA for the Cincinnati area, and does the Indiana
portion of the area have a fully approved SIP under section 110(k)
of the CAA?
1. Indiana Has Met All Applicable Requirements of Section 110
and Part D of the CAA Applicable to the Indiana Portion of the
Cincinnati Area for Purposes of Redesignation
2. The Indiana Portion of the Cincinnati Area Has a Fully
Approved SIP for Purposes of Redesignation Under Section 110(k) of
the CAA
C. Are the air quality improvements in the Cincinnati area due
to permanent and enforceable emission reductions?
1. Permanent and Enforceable Emission Controls Implemented
2. Emission Reductions
3. Meteorology
D. Does Indiana have a fully approvable ozone maintenance plan
for the Cincinnati area?
1. Attainment Inventory
2. Has the state documented maintenance of the ozone standard in
the Cincinnati area?
3. Continued Air Quality Monitoring
4. Verification of Continued Attainment
5. What is the contingency plan for the Cincinnati area?
V. Has the state adopted approvable motor vehicle emission budgets?
A. Motor Vehicle Emission Budgets
B. What is the status of EPA's adequacy determination for the
proposed VOC and NOX MVEBs for the Cincinnati area?
C. What is a safety margin?
VI. Has the state submitted approvable emission inventories?
A. The 2008 Ozone NAAQS and Emission Inventory Requirements
B. Indiana's Emission Inventories
C. EPA's Evaluation
1. Did the state adequately document the derivation of the
emission estimates?
2. Did the state quality assure the emission estimates?
3. Did the state provide for public review of the requested SIP
revision?
VII. Proposed Actions
VIII. Statutory and Executive Order Reviews
I. What are the actions EPA is proposing?
EPA is proposing to take several related actions. EPA is proposing
to determine that the Cincinnati nonattainment area is attaining the
2008 ozone standard, based on quality-assured and certified monitoring
data for 2013-2015 and that the Indiana portion of this area has met
the requirements for redesignation under section 107(d)(3)(E) of the
CAA. EPA is thus proposing to approve IDEM's request to change the
legal designation of the Indiana portion of the Cincinnati area from
nonattainment to attainment for the 2008 ozone standard. EPA is also
proposing to approve, as a revision to the Indiana SIP, the state's
maintenance plan (such approval being one of the CAA criteria for
redesignation to attainment status) for the area. The maintenance plan
is designed to keep the Cincinnati area in attainment of the 2008 ozone
NAAQS through 2030. Finally, EPA finds adequate and is proposing to
approve the newly-established 2020 and 2030 MVEBs for the Indiana and
Ohio portion of the Cincinnati area. The adequacy comment period for
the MVEBs began on July 22, 2016, 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 August 22, 2016. EPA did not
receive any requests for this submittal, or adverse comments on this
submittal during the adequacy comment period. In a letter dated August
23, 2016, EPA informed IDEM that we found the 2020 and 2030 MVEBs to be
adequate for use in transportation conformity analyses. On September
27, 2016 (81 FR 66271), EPA published a notice of adequacy announcing
this same finding. Please see section V.B. of this preamble, ``What is
the status of EPA's adequacy determination for the proposed VOC and
NOX MVEBs for the Indiana portion of the Cincinnati area,''
for further explanation of this process. Therefore, we find adequate,
and are proposing to approve, the States' 2020 and 2030 MVEBs for
transportation conformity purposes.
On June 1, 2016, Indiana submitted a separate SIP revision to
address emissions statements requirements, as discussed in section
IV.B.1. of this preamble. EPA is taking action on the emissions
statements SIP revision in a separate rulemaking. EPA will not finalize
this redesignation rulemaking without an earlier or simultaneous final
approval of the separate emissions statements rulemaking.
II. What is the background for these actions?
EPA has determined that ground-level ozone is detrimental to human
health. On March 12, 2008, EPA promulgated a revised ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under
EPA's regulations at 40 CFR part 50, the 2008 ozone NAAQS is attained
in an area when the three-year average of the annual fourth highest
daily maximum 8-hour average concentration is equal to or less than
0.075 ppm, when truncated after the thousandth decimal place, at all of
the ozone monitoring sites in the area. See 40 CFR 50.15 and appendix P
to 40 CFR part 50.
Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires EPA to designate as nonattainment any areas that
are violating the NAAQS, based on the most recent three years of
quality-assured ozone monitoring data. The Cincinnati area was
designated as a marginal nonattainment area for the 2008 ozone NAAQS on
May 21, 2012 (77 FR 30088) (effective July 20, 2012).
In a final implementation rule for the 2008 ozone NAAQS (SIP
Requirements Rule),\1\ EPA established ozone standard attainment dates
based on table 1 of section 181(a) of the CAA. This established an
attainment date three years after the July 20, 2012, effective
designation date for areas classified as marginal nonattainment for the
2008 ozone NAAQS. Therefore, the attainment date for the Cincinnati
area was July 20, 2015. On May 4, 2016 (81 FR 26697), in accordance
with section 181(b)(2)(A) of the CAA and the provisions of the SIP
Requirements Rule (40 CFR 51.1103), EPA made a determination that the
Cincinnati area attained the standard by its July 20, 2015, attainment
date for the 2008 ozone NAAQS. EPA's determination was based upon three
years of complete,
[[Page 95083]]
quality-assured and certified data for the 2012-2014 period.
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\1\ This rule, titled ``Implementation of the 2008 National
Ambient Air Quality Standards for Ozone: State Implementation Plan
Requirements'' and published at 80 FR 12264 (March 6, 2015),
addresses nonattainment area SIP requirements for the 2008 ozone
NAAQS, including requirements pertaining to attainment
demonstrations, reasonable further progress (RFP), reasonably
available control technology (RACT), reasonably available control
measures (RACM), new source review (NSR), emission inventories, and
the timing requirements for SIP submissions and compliance with
emission control measures in the SIP. This rule also addresses the
revocation of the 1997 ozone NAAQS and the anti-backsliding
requirements that apply when the 1997 ozone NAAQS is revoked.
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III. What are the criteria for redesignation?
Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that: (1) The Administrator (EPA)
determines that the area has attained the NAAQS; (2) the Administrator
has fully approved the applicable implementation plan for the area
under section 110(k) of the CAA; (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, applicable Federal air pollutant control regulations, and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area as meeting the
requirements of section 175A of the CAA; and (5) the state containing
the area has met all requirements applicable to the area for the
purposes of redesignation under section 110 and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignations in the
General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (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:
1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton. Director, Technical Support Division,
June 18, 1990;
2. ``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;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the ``Calcagni
Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992;
6. ``Technical Support Documents (TSDs) for Redesignation of
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum
from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
7. ``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;
8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
9. ``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
10. ``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.
IV. What is EPA's analysis of Indiana's redesignation request?
A. Has the Cincinnati area attained the 2008 ozone NAAQS?
For redesignation of a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2008
ozone NAAQS if it meets the 2008 ozone NAAQS, as determined in
accordance with 40 CFR 50.15 and appendix P of part 50, based on three
complete, consecutive calendar years of quality-assured air quality
data for all monitoring sites in the area. To attain the NAAQS, the
three-year average of the annual fourth-highest daily maximum 8-hour
average ozone concentrations (ozone design values) at each monitor must
not exceed 0.075 ppm. The air quality data must be collected and
quality-assured in accordance with 40 CFR part 58 and recorded in EPA's
Air Quality System (AQS). Ambient air quality monitoring data for the
three-year period must also meet data completeness requirements. An
ozone design value is valid if daily maximum 8-hour average
concentrations are available for at least 90% of the days within the
ozone monitoring seasons,\2\ on average, for the three-year period,
with a minimum data completeness of 75% during the ozone monitoring
season of any year during the three-year period. See section 2.3 of
appendix P to 40 CFR part 50.
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\2\ The ozone season is defined by state in 40 CFR 58 appendix
D. For the 2012-2014 and 2013-2015 periods, the ozone seasons for
Ohio, Indiana, and Kentucky were April-October, April-September, and
March-October, respectively. Beginning in 2016, the ozone seasons
for Ohio, Indiana and Kentucky are March-October. See, 80 FR 65292,
65466-67 (October 26, 2015).
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On May 4, 2016, in accordance with section 181(b)(2)(A) of the CAA
and the provisions of the SIP Requirements Rule (40 CFR 51.1103), EPA
made a determination that the Cincinnati area attained the standard by
its July 20, 2015, attainment date for the 2008 ozone NAAQS. This
determination was based upon three years of complete, quality-assured
and certified data for the 2012-2014 period. In addition, EPA has
reviewed the available ozone monitoring data from monitoring sites in
the Cincinnati area for the 2013-2015 period. These data have been
quality-assured, are recorded in the AQS, and have been certified.
These data demonstrate that the Cincinnati area is attaining the 2008
ozone NAAQS. The annual fourth-highest 8-hour ozone concentrations and
the three-year average of these concentrations (monitoring site ozone
design values) for each monitoring site are summarized in Table 1.
Table 1--Annual 4th High Daily Maximum 8-Hour Ozone Concentrations and Three-Year Average of the 4th High Daily Maximum 8-Hour Ozone Concentrations for
the Cincinnati Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013 4th 2014 4th 2015 4th 2013-2015
State County Monitor high (ppm) high (ppm) high (ppm) average (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ohio....................................... Butler....................... 39-017-0004 0.068 0.070 0.070 0.069
39-017-0018 0.068 0.069 0.070 0.069
39-017-9991 0.069 0.069 0.068 0.068
Clermont..................... 39-025-0022 0.066 0.068 0.070 0.068
[[Page 95084]]
Clinton...................... 39-027-1002 0.064 0.070 0.070 0.068
39-061-0006 0.069 0.070 0.072 0.070
Hamilton..................... 39-061-0010 0.064 0.073 0.070 0.069
39-061-0040 0.069 0.069 0.071 0.069
Warren....................... 39-165-0007 0.067 0.071 0.071 0.069
Kentucky................................... Boone........................ 21-015-0003 0.059 0.062 0.062 0.061
Campbell..................... 21-037-3002 0.072 0.071 0.071 0.071
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The three-year ozone design value for 2013-2015 is 0.071 ppm,\3\
which meets the 2008 ozone NAAQS. Therefore, in this action, EPA
proposes to determine that the Cincinnati area is attaining the 2008
ozone NAAQS.
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\3\ The monitor ozone design value for the monitor with the
highest three-year averaged concentration.
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EPA will not take final action to determine that the Cincinnati
area is attaining the NAAQS nor to approve the redesignation of this
area if the design value of a monitoring site in the area exceeds the
NAAQS after proposal but prior to final approval of the redesignation.
Preliminary 2016 data indicate that this area continues to attain the
2008 ozone NAAQS. As discussed in section IV.D.3. of this preamble,
IDEM has committed to continue monitoring ozone in this area to verify
maintenance of the ozone standard.
B. Has Indiana met all applicable requirements of section 110 and part
D of the CAA for the Cincinnati area, and does the Indiana portion of
the area have a fully approved SIP under section 110(k) of the CAA?
As criteria for redesignation of an area from nonattainment to
attainment of a NAAQS, the CAA requires EPA to determine that the state
has met all applicable requirements under section 110 and part D of
title I of the CAA (see section 107(d)(3)(E)(v) of the CAA) and that
the state has a fully approved SIP under section 110(k) of the CAA (see
section 107(d)(3)(E)(ii) of the CAA). We are proposing to determine
that Indiana has met all currently applicable SIP requirements for
purposes of redesignation of the Cincinnati area to attainment of the
2008 ozone standard under section 110 and part D of the CAA, in
accordance with section 107(d)(3)(E)(v). We are also proposing to
determine that the Indiana SIP, with the exception of the comprehensive
emissions inventory and emissions statements rules, is fully approved
with respect to all applicable requirements for purposes of
redesignation to attainment of the 2008 ozone standard, in accordance
with section 107(d)(3)(E)(ii) of the CAA. As discussed below, in this
action EPA is proposing to approve Indiana's 2011 comprehensive
emissions inventory as meeting the comprehensive emissions inventory
requirement of section 182(a)(1) for the area. EPA is taking action on
the Indiana emissions statements rules required by section 182(a)(3)(B)
in a separate rule.
Recognizing that the comprehensive emissions inventory and
emissions statements rules must be approved on or before the date we
complete final rulemaking approving the redesignation requests, we
determine here that, assuming that this occurs, Indiana will have met
all applicable section 110 and part D SIP requirements of the CAA for
purposes of approval of Indiana's ozone redesignation request for the
Cincinnati area and will have a fully approved SIP under section 110(k)
of the CAA. In making these proposed determinations, EPA ascertained
which CAA requirements are applicable to the Cincinnati area and the
Indiana SIP and, if applicable, whether the required Indiana SIP
elements are fully approved under section 110(k) and part D 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 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).
1. Indiana Has Met All Applicable Requirements of Section 110 and Part
D of the CAA Applicable to the Indiana Portion of the Cincinnati Area
for Purposes of Redesignation
a. Section 110 General Requirements for Implementation Plans
Section 110(a)(2) of the CAA delineates the general requirements
for a SIP. Section 110(a)(2) provides that the SIP must have been
adopted by the state after reasonable public notice and hearing, and
that, among other things, it must: (1) Include enforceable emission
limitations and other control measures, means or techniques necessary
to meet the requirements of the CAA; (2) provide for establishment and
operation of appropriate devices, methods, systems and procedures
necessary to monitor ambient air quality; (3) provide for
implementation of a source permit program to regulate the modification
and construction of stationary sources within the areas covered by the
plan; (4) include provisions for the implementation of part C
prevention of significant deterioration (PSD) and part D new source
review (NSR) permit programs; (5) include provisions for stationary
source emission control measures, monitoring, and reporting; (6)
include provisions for air quality
[[Page 95085]]
modeling; and (7) provide for public and local agency participation in
planning and emission control rule development.
Section 110(a)(2)(D) of the CAA requires SIPs to 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
certain air pollutants, e.g., NOX SIP call.\4\ However, like
many of the 110(a)(2) requirements, the section 110(a)(2)(D) SIP
requirements are not linked with a particular area's ozone designation
and classification. EPA concludes that the SIP requirements linked with
the area's ozone designation and classification are the relevant
measures to evaluate when reviewing a redesignation request for the
area. The section 110(a)(2)(D) requirements, where applicable, continue
to apply to a state regardless of the designation of any one particular
area within the state. Thus, we believe these requirements are not
applicable requirements for purposes of redesignation. See 65 FR 37890
(June 19, 2000), 68 FR 25418, 25426-27 (May 12, 2003).
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\4\ On October 27, 1992 (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, Indiana developed rules governing the
control of NOX emissions from Electric Generating Units
(EGUs), major non-EGU industrial boilers and turbines, and major
cement kilns. EPA approved Indiana's rules as fulfilling Phase I of
the NOX SIP Call on November 8, 2001 (66 FR 56465), and
as meeting Phase II of the NOX SIP Call on October 1,
2007 (72 FR 55664).
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In addition, EPA believes that other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's ozone attainment status are not applicable requirements for
purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated to attainment of the 2008
ozone NAAQS. The section 110 and part D requirements which are linked
with a particular area's designation and classification are the
relevant measures to evaluate in reviewing a redesignation request.
This approach is consistent with EPA's existing policy on applicability
(i.e., for redesignations) of conformity and oxygenated fuels
requirements, as well as with section 184 ozone transport requirements.
See Reading, Pennsylvania proposed and final rulemakings, 61 FR 53174-
53176 (October 10, 1996) and 62 FR 24826 (May 7, 1997); Cleveland-
Akron-Loraine, Ohio final rulemaking, 61 FR 20458 (May 7, 1996); and
Tampa, Florida final rulemaking, 60 FR 62748 (December 7, 1995). See
also the discussion of this issue in the Cincinnati, Ohio ozone
redesignation (65 FR 37890, June 19, 2000), and the Pittsburgh,
Pennsylvania ozone redesignation (66 FR 50399, October 19, 2001).
We have reviewed Indiana'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. On
April 29, 2015 (80 FR 23713), EPA approved elements of the SIP
submitted by Indiana to meet the requirements of section 110 for the
2008 ozone standard. The requirements of section 110(a)(2), however,
are statewide requirements that are not linked to the ozone
nonattainment status of the Cincinnati area. Therefore, EPA concludes
that these infrastructure requirements are not applicable requirements
for purposes of review of the state's ozone redesignation request.
b. Part D Requirements
Section 172(c) of the CAA sets forth the basic requirements of air
quality plans for states with nonattainment areas that are required to
submit them pursuant to section 172(b). Subpart 2 of part D, which
includes section 182 of the CAA, establishes specific requirements for
ozone nonattainment areas depending on the areas' nonattainment
classifications.
The Cincinnati area was classified as marginal under subpart 2 for
the 2008 ozone NAAQS. As such, the area is subject to the subpart 1
requirements contained in section 172(c) and section 176. Similarly,
the area is subject to the subpart 2 requirements contained in section
182(a) (marginal nonattainment area requirements). A thorough
discussion of the requirements contained in section 172(c) and 182 can
be found in the General Preamble for Implementation of Title I (57 FR
13498).
i. Subpart 1 Section 172 Requirements
As provided in subpart 2, for marginal ozone nonattainment areas
such as the Cincinnati area, the specific requirements of section
182(a) apply in lieu of the attainment planning requirements that would
otherwise apply under section 172(c), including the attainment
demonstration and reasonably available control measures (RACM) under
section 172(c)(1), reasonable further progress (RFP) under section
172(c)(2), and contingency measures under section 172(c)(9). 42 U.S.C.
7511a(a).
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. This
requirement is superseded by the inventory requirement in section
182(a)(1) discussed below.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources 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 approved Indiana's NSR program
on October 7, 1994 (59 FR 51108), and approved revisions to Indiana's
NSR program on June 18, 2007 (72 FR 33395), July 8, 2011 (76 FR 40242),
and July 2, 2014 (79 FR 37646). Nonetheless, 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.'' Indiana has demonstrated that the
Cincinnati 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. 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). Indiana's PSD program will become effective in the Cincinnati
area upon redesignation to attainment. EPA conditionally approved
Indiana's PSD program on March 3, 2003 (68 FR 9892), fully approved
Indiana's PSD program on May 20, 2004 (69 FR 29071), and approved
revisions to Indiana's PSD program on July 8, 2011 (76 FR 40242),
September 28, 2011 (76 FR 59899), and July 2, 2014 (79 FR 37646).
Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the NAAQS. Because attainment
has been reached,
[[Page 95086]]
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 Indiana
SIP meets the requirements of section 110(a)(2) for purposes of
redesignation.
ii. Section 176 Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs and projects that are developed, funded or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other Federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
that EPA promulgated pursuant to its authority under the CAA.
EPA interprets the conformity SIP requirements \5\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state conformity rules have
not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)
(upholding this interpretation); see also 60 FR 62748 (December 7,
1995) (redesignation of Tampa, Florida). Nonetheless, Indiana has an
approved conformity SIP for the Cincinnati area. See 80 FR 11133 (March
2, 2015).
---------------------------------------------------------------------------
\5\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from SIPs requiring the development of Motor
Vehicle Emission Budgets (MVEBs), such as control strategy SIPs and
maintenance plans.
---------------------------------------------------------------------------
iii. Section 182(a) Requirements
Section 182(a)(1) requires states to submit a comprehensive,
accurate, and current inventory of actual emissions from sources of VOC
and NOX emitted within the boundaries of the ozone
nonattainment area. As part of Indiana's redesignation request for the
Cincinnati area, the state submitted a 2011 base year emissions
inventory. As discussed in section VI. of this preamble, EPA is
proposing to approve the 2011 base year inventory that Indiana
submitted with the redesignation request as meeting the section
182(a)(1) emissions inventory requirement.
Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC reasonably available control technology
(RACT) rules that were required under section 172(b)(3) prior to the
1990 CAA amendments. The Indiana portion of the Cincinnati area is not
subject to the section 182(a)(2) RACT ``fix up'' requirement for the
2008 ozone NAAQS because it was not subject to RACT prior to the
enactment of the 1990 CAA amendments.
Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented or was required to implement a
vehicle inspection and maintenance (I/M) program prior to the 1990 CAA
amendments to submit a SIP revision for an I/M program no less
stringent than that required prior to the 1990 CAA amendments or
already in the SIP at the time of the CAA amendments, whichever is more
stringent. For the purposes of the 2008 ozone standard and the
consideration of Indiana's redesignation request for this standard, the
Indiana portion of the Cincinnati area is not subject to the section
182(a)(2)(B) requirement because it was not designated as nonattainment
for any ozone standard prior to the enactment of the 1990 CAA
amendments and did not have an I/M program before 1990.
Regarding the source permitting and offset requirements of section
182(a)(2)(C) and section 182(a)(4), Indiana currently has a fully-
approved part D NSR program in place. EPA conditionally approved
Indiana's PSD program on March 3, 2003 (68 FR 9892), fully approved
Indiana's PSD program on May 20, 2004 (69 FR 29071), and approved
revisions to Indiana's PSD program on July 8, 2011 (76 FR 40242),
September 28, 2011 (76 FR 59899), and July 2, 2014 (79 FR 37646). As
discussed above, Indiana has demonstrated that the Cincinnati 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 Cincinnati area upon
redesignation to attainment.
Section 182(a)(3)(A) requires states to submit periodic emission
inventories and section 182(a)(3)(B) requires states to submit a
revision to the SIP to require the owners or operators of stationary
sources to annually submit emissions statements documenting actual VOC
and NOX emissions. As discussed in section IV.D.4. of this
preamble, Indiana will continue to update its emissions inventory at
least once every three years. With regard to stationary source
emissions statements, Indiana submitted a SIP revision to address these
requirements on June 1, 2016. EPA is taking action on this revision in
a separate rulemaking action. Full approval of Indiana's emissions
statements rules is a prerequisite for approval of the redesignation of
the Cincinnati area to attainment.
Upon approval of Indiana's emissions inventory and emissions
statements rules, the Indiana portion of the Cincinnati area will have
satisfied all applicable requirements for purposes of redesignation
under section 110 and part D of title I of the CAA.
2. The Indiana Portion of the Cincinnati Area Has a Fully Approved SIP
for Purposes of Redesignation Under Section 110(k) of the CAA
Indiana has adopted and submitted and EPA has approved at various
times, provisions addressing the various SIP elements applicable for
the ozone NAAQS. In this action, EPA is proposing to approve Indiana's
2011 comprehensive emissions inventory for the Cincinnati area as
meeting the requirement of section 182(a)(1) of the CAA. In a separate
rule, EPA will take action on the Indiana emissions statements rules
submittal. As discussed above, if EPA issues a final approval of the
comprehensive emissions inventory and Indiana's emissions statements
rules submittals, EPA will have fully approved the Indiana SIP for the
Cincinnati 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 the Calcagni
memorandum at page 3; Southwestern Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d
426), plus any additional measures it may approve in conjunction with a
redesignation action (see 68 FR 25426 (May 12, 2003) and citations
therein).
C. Are the air quality improvements in the Cincinnati area due to
permanent and enforceable emission reductions?
To support the redesignation of an area from nonattainment to
attainment, section 107(d)(3)(E)(iii) of the CAA requires EPA to
determine that the air quality improvement in the area is due to
permanent and enforceable
[[Page 95087]]
reductions in emissions resulting from the implementation of the SIP
and applicable Federal air pollution control regulations and other
permanent and other permanent and enforceable emission reductions. EPA
has determined that Indiana has demonstrated that that the observed
ozone air quality improvement in the Cincinnati area is due to
permanent and enforceable reductions in VOC and NOX
emissions resulting from state measures adopted into the SIP and
Federal measures.
In making this demonstration, the state has calculated the change
in emissions between 2011 and 2014. The reduction in emissions and the
corresponding improvement in air quality over this period can be
attributed to a number of regulatory control measures that the
Cincinnati area and upwind areas have implemented in recent years. In
addition, IDEM provided an analysis to demonstrate the improvement in
air quality was not due to unusually favorable meteorology. Based on
the information summarized below, Indiana has adequately demonstrated
that the improvement in air quality is due to permanent and enforceable
emissions reductions.
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule
(CSAPR). CAIR created regional cap-and-trade programs to reduce sulfur
dioxide (SO2) and NOX emissions in 27 eastern
states, including Indiana, that contributed to downwind nonattainment
and maintenance of the 1997 ozone NAAQS and the 1997 fine particulate
matter (PM2.5) NAAQS. See 70 FR 25162 (May 12, 2005). EPA
approved Indiana's CAIR regulations into the Indiana SIP on October 22,
2007 (72 FR 59480) and November 29, 2010 (75 FR 72956). In 2008, the
United States Court of Appeals for the District of Columbia Circuit
(D.C. Circuit) initially vacated CAIR, North Carolina v. EPA, 531 F.3d
896 (D.C. Cir. 2008), but ultimately remanded the rule to EPA without
vacatur to preserve the environmental benefits provided by CAIR, North
Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8,
2011 (76 FR 48208), acting on the D.C. Circuit's remand, EPA
promulgated CSAPR to replace CAIR and thus to address the interstate
transport of emissions contributing to nonattainment and interfering
with maintenance of the two air quality standards covered by CAIR as
well as the 2006 PM2.5 NAAQS. CSAPR requires substantial
reductions of SO2 and NOX emissions from electric
generating units (EGUs) in 28 states in the Eastern United States.
The D.C. Circuit's initial vacatur of CSAPR \6\ was reversed by the
United States Supreme Court on April 29, 2014, and the case was
remanded to the D.C. Circuit to resolve remaining issues in accordance
with the high court's ruling. EPA v. EME Homer City Generation, L.P.,
134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in
most respects, but invalidated without vacating some of the CSAPR
budgets as to a number of states. EME Homer City Generation, L.P. v.
EPA, 795 F.3d 118 (D.C. Cir. 2015). This litigation ultimately delayed
implementation of CSAPR for three years, from January 1, 2012, when
CSAPR's cap-and-trade programs were originally scheduled to replace the
CAIR cap-and-trade programs, to January 1, 2015. Thus, the rule's Phase
2 budgets were originally promulgated to begin on January 1, 2014, and
are now scheduled to begin on January 1, 2017. On October 26, 2016 (81
FR 74504), EPA published the CSAPR Update for the 2008 ozone NAAQS,
which resolves the invalidation of Phase 2 budgets by the D.C. Circuit.
That action promulgates new NOX ozone season budgets
addressing interstate transport with respect to the 2008 ozone NAAQS
that take effect in 2017. The reduction in NOX emissions
from the implementation of CSAPR will result in lower concentrations of
transported ozone entering the Cincinnati area throughout the
maintenance period.
---------------------------------------------------------------------------
\6\ EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C.
Cir. 2012).
---------------------------------------------------------------------------
b. 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 following.
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2
motor vehicle emission standards and gasoline sulfur control
requirements. These emission control requirements result in lower VOC
and NOX emissions from new cars and light duty trucks,
including sport utility vehicles. With respect to fuels, this rule
required refiners and importers of gasoline to meet lower standards for
sulfur in gasoline, which were phased in between 2004 and 2006. By
2006, refiners were required to meet a 30 ppm average sulfur level,
with a maximum cap of 80 ppm. This reduction in fuel sulfur content
ensures the effectiveness of low emission-control technologies. The
Tier 2 tailpipe standards established in this rule were phased in for
new vehicles between 2004 and 2009. EPA estimates that, when fully
implemented, this rule will cut NOX and VOC emissions from
light-duty vehicles and light-duty trucks by approximately 76% and 28%,
respectively. NOX and VOC reductions from medium-duty
passenger vehicles included as part of the Tier 2 vehicle program are
estimated to be approximately 37,000 and 9,500 tons per year,
respectively, when fully implemented. In addition, EPA estimates that
beginning in 2007, a reduction of 30,000 tons per year of
NOX will result from the benefits of sulfur control on
heavy-duty gasoline vehicles. Some of these emission reductions
occurred by the attainment years and additional emission reductions
will occur throughout the maintenance period, as older vehicles are
replaced with newer, compliant model years.
Tier 3 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3
motor vehicle emission and fuel standards to reduce both tailpipe and
evaporative emissions and to further reduce the sulfur content in
fuels. The rule will be phased in between 2017 and 2025. Tier 3 sets
new tailpipe standards for the sum of VOC and NOX and for
particulate matter. The VOC and NOX tailpipe standards for
light-duty vehicles represent approximately an 80% reduction from
today's fleet average and a 70% reduction in per-vehicle particulate
matter (PM) standards. Heavy-duty tailpipe standards represent about a
60% reduction in both fleet average VOC and NOX and per-
vehicle PM standards. The evaporative emissions requirements in the
rule will result in approximately a 50% reduction from current
standards and apply to all light-duty and onroad gasoline-powered
heavy-duty vehicles. Finally, the rule lowers the sulfur content of
gasoline to an annual average of 10 ppm by January 2017. While these
reductions did not aid the area in attaining the standard, emission
reductions will occur during the maintenance period.
Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for
on-highway heavy-duty diesel engines that includes standards limiting
the sulfur content of diesel fuel. Emissions standards for
NOX, VOC and PM were phased in between model years 2007
[[Page 95088]]
and 2010. In addition, the rule reduced the highway diesel fuel sulfur
content to 15 parts per million by 2007, leading to additional
reductions in combustion NOX and VOC emissions. EPA has
estimated future year emission reductions due to implementation of this
rulemaking. Nationally, EPA estimated that 2015 NOX and VOC
emissions would decrease by 1,260,000 tons and 54,000 tons,
respectively. Nationally, EPA estimated that 2030 NOX and
VOC emissions will decrease by 2,570,000 tons and 115,000 tons,
respectively. As projected by these estimates and demonstrated in the
onroad emission modeling for the Cincinnati area, some of these
emission reductions occurred by the attainment years and additional
emission reductions will occur throughout the maintenance period, as
older vehicles are replaced with newer, compliant model years.
Nonroad Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a
rule adopting emissions standards for nonroad diesel engines and sulfur
reductions in nonroad diesel fuel. This rule applies to diesel engines
used primarily in construction, agricultural, and industrial
applications. Emission standards are phased in for 2008 through 2015
model years based on engine size. The SO2 limits for nonroad
diesel fuels were phased in from 2007 through 2012. EPA estimates that
when fully implemented, compliance with this rule will cut
NOX emissions from these nonroad diesel engines by
approximately 90%. Some of these emission reductions occurred by the
attainment years and additional emission reductions will occur
throughout the maintenance period.
Nonroad Spark-Ignition Engines and Recreational Engine Standards.
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines. These emission standards are phased
in from model year 2004 through 2012. When fully implemented, EPA
estimates an overall 72% reduction in VOC emissions from these engines
and an 80% reduction in NOX emissions. Some of these
emission reductions occurred by the attainment years and additional
emission reductions will occur throughout the maintenance period.
National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Reciprocating Internal Combustion Engines. On March 3, 2010 (75 FR
9648), EPA issued a rule to reduce hazardous air pollutants from
existing diesel powered stationary reciprocating internal combustion
engines, also known as compression ignition engines. Amendments to this
rule were finalized on January 14, 2013 (78 FR 6674). EPA estimated
that when this rule is fully implemented in 2013, NOX and
VOC emissions from these engines will be reduced by approximately 9,600
and 36,000 tons per year, respectively.
Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896) EPA issued emission standards for marine compression-ignition
engines at or above 30 liters per cylinder. Tier 2 emission standards
apply beginning in 2011, and are expected to result in a 15% to 25%
reduction in NOX emissions from these engines. Final Tier 3
emission standards apply beginning in 2016 and are expected to result
in approximately an 80% reduction in NOX from these engines.
Some of these emission reductions occurred by the attainment years and
additional emission reductions will occur throughout the maintenance
period.
c. Control Measures Specific to the Cincinnati Area
Changes at several EGUs have resulted in reductions in
NOX emissions. Tanner's Creek Generating Station in Dearborn
County, Indiana permanently shut down in May 2015. Prior to the
shutdown, NOX emissions had dropped from 15.08 tons per
summer day (TPSD) in 2011 to 10.6 TPSD in 2014. The Walter C. Beckjord
facility in Clermont County, Ohio permanently shut down in October of
2014. Prior to the shutdown, NOX emissions from EGUs in
Clermont County dropped from 43.41 TPSD in 2011 to 41.17 TPSD in 2014,
partly attributable to the Walter C. Beckjord facility. Finally, Unit 3
(163 megawatts) of the Miami Fort facility in Hamilton County, Ohio
permanently shut down in June of 2015. Prior to shutdown,
NOX emissions from EGUs in Hamilton County dropped from
17.72 TPSD in 2011 to 17.46 TPSD in 2014, partly attributable to
reductions at unit 3 at Miami Fort.
2. Emission Reductions
Indiana is using a 2011 inventory as the nonattainment base year.
Area, nonroad mobile, airport related emissions (AIR), and point source
emissions (EGUs and non-EGUs) were collected from the Ozone NAAQS
Implementation Modeling platform (2011v6.1). For 2011, this represents
actual data reported to EPA by the states for the 2011 National
Emissions inventory (NEI). Because emissions from state inventory
databases, the NEI, and the Ozone NAAQS Emissions Modeling platform are
annual totals, tons per summer day were derived according to EPA's
guidance document ``Temporal Allocation of Annual Emissions Using EMCH
Temporal Profiles'' dated April 29 2002, using the temporal allocation
references accompanying the 2011v6.1 modeling inventory files. Onroad
mobile source emissions were developed in conjunction with the Ohio-
Kentucky-Indiana Regional Council of Governments (OKI) and were
calculated from emission factors produced by EPA's 2014 Motor Vehicle
Emission Simulator (MOVES) model and data extracted from the region's
travel-demand model.
For the attainment inventory, Indiana is using 2014, one of the
years the Cincinnati area monitored attainment of the 2008 ozone
standard. Because the 2014 NEI inventory was not available at the time
IDEM was compiling the redesignation request, the state was unable to
use the 2014 NEI inventory directly. For area, nonroad mobile, and AIR,
2014 emissions were derived by interpolating between 2011 and 2018
Ozone NAAQS Emissions Modeling platform inventories. The point source
sector for the 2014 inventory was developed using actual 2014 point
source emissions reported to the state databases, which serve as the
basis for the point source emissions reported to EPA for the NEI.
Summer day inventories were derived for these sectors using the
methodology described above. Finally, onroad mobile source emissions
were developed in conjunction with OKI using the same methodology
described above for the 2011 inventory.
Using the inventories described above, Indiana's submittal
documents changes in VOC and NOX emissions from 2011 to 2014
for the Cincinnati area. Emissions data are shown in Tables 2 through
7.
[[Page 95089]]
Table 2--Cincinnati Area NOX Emissions for Nonattainment Year 2011
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
County Point AIR Nonroad Area Onroad Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
Dearborn............................................ 17.79 0.00 0.53 0.47 1.89 20.68
Ohio:
Butler.............................................. 10.67 0.02 4.27 4.78 12.24 31.98
Clermont............................................ 43.55 0.00 2.27 1.14 7.52 54.48
Clinton............................................. 0.00 0.00 1.15 0.52 4.53 6.20
Hamilton............................................ 26.29 0.02 8.56 10.09 33.69 78.65
Warren.............................................. 1.55 0.00 3.24 1.66 9.84 16.29
Kentucky:
Boone............................................... 7.19 2.03 1.06 0.43 6.90 17.61
Campbell............................................ 0.17 0.00 0.38 0.49 4.30 5.34
Kenton.............................................. 0.01 0.00 0.77 1.02 6.53 8.33
-----------------------------------------------------------------------------------------------
Area Totals..................................... 107.22 2.07 22.23 20.60 87.44 239.56
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--Cincinnati Area VOC Emissions for Nonattainment Year 2011
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
County Point AIR Nonroad Area Onroad Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
Dearborn............................................ 4.28 0.00 0.42 1.75 1.33 7.78
Ohio:
Butler.............................................. 3.09 0.03 2.93 9.59 10.21 25.85
Clermont............................................ 0.49 0.01 1.95 5.41 6.27 14.13
Clinton............................................. 0.00 0.01 0.84 2.49 2.27 5.61
Hamilton............................................ 2.62 0.04 7.44 21.88 28.09 60.07
Warren.............................................. 0.62 0.01 2.12 5.71 8.21 16.67
Kentucky:
Boone............................................... 1.73 0.42 1.49 2.66 3.30 9.60
Campbell............................................ 0.22 0.00 0.40 1.29 2.05 3.96
Kenton.............................................. 0.51 0.00 0.62 2.51 3.12 6.76
-----------------------------------------------------------------------------------------------
Area Totals..................................... 13.56 0.52 18.21 53.29 64.85 150.43
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Cincinnati Area NOX Emissions for Attainment Year 2014
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
County Point AIR Nonroad Area Onroad Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
Dearborn............................................ 11.74 0.00 0.44 0.47 1.37 14.02
Ohio:
Butler.............................................. 12.70 0.02 3.39 4.78 8.85 29.74
Clermont............................................ 41.20 0.00 1.81 1.14 5.44 49.59
Clinton............................................. 0.00 0.00 0.96 0.52 3.51 4.99
Hamilton............................................ 21.65 0.02 6.76 10.08 24.37 62.88
Warren.............................................. 0.96 0.00 2.55 1.66 7.12 12.29
Kentucky:
Boone............................................... 7.37 2.07 0.88 0.43 5.46 16.21
Campbell............................................ 0.17 0.00 0.32 0.49 3.41 4.39
Kenton.............................................. 0.01 0.00 0.64 1.02 5.17 6.84
-----------------------------------------------------------------------------------------------
Area Totals..................................... 95.80 2.11 17.75 20.59 64.70 200.95
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5--Cincinnati Area VOC Emissions for Attainment Year 2014
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
County Point AIR Nonroad Area Onroad Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
Dearborn............................................ 5.54 0.00 0.36 1.75 0.99 8.64
Ohio:
Butler.............................................. 2.96 0.03 2.61 9.51 7.59 22.70
Clermont............................................ 0.63 0.01 1.73 5.36 4.66 12.39
Clinton............................................. 0.01 0.01 0.71 2.51 1.53 4.77
Hamilton............................................ 2.73 0.04 6.54 21.66 20.88 51.85
[[Page 95090]]
Warren.............................................. 0.51 0.01 1.93 5.66 6.10 14.21
Kentucky:
Boone............................................... 1.73 0.42 1.30 2.56 2.53 8.54
Campbell............................................ 0.22 0.00 0.34 1.26 1.58 3.40
Kenton.............................................. 0.51 0.00 0.55 2.43 2.39 5.88
-----------------------------------------------------------------------------------------------
Area Totals..................................... 14.84 0.52 16.07 52.70 48.25 132.38
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 6--Change in NOX and VOC Emissions Between 2011 and 2014 for the Indiana Portion of the Cincinnati Area
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
-----------------------------------------------------------------------------------------------
Net change Net change
2011 2014 (2011-2014) 2011 2014 (2011-2014)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 17.79 11.74 -6.05 4.28 5.54 1.26
AIR..................................................... 0.00 0.00 0.00 0.00 0.00 0.00
Nonroad................................................. 0.53 0.44 -0.09 0.42 0.36 -0.06
Area.................................................... 0.47 0.47 0.00 1.75 1.75 0.00
Onroad.................................................. 1.89 1.37 -0.52 1.33 0.99 -0.34
-----------------------------------------------------------------------------------------------
Total............................................... 20.68 14.02 -6.66 7.78 8.64 0.86
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 7--Change in NOX and VOC Emissions Between 2011 and 2014 for the Entire Cincinnati Area
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
-----------------------------------------------------------------------------------------------
Net change Net change
2011 2014 (2011-2014) 2011 2014 (2011-2014)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 107.22 95.80 -11.42 13.56 14.84 1.28
AIR..................................................... 2.07 2.11 0.04 0.52 0.52 0.00
Nonroad................................................. 22.23 17.75 -4.48 18.21 16.07 -2.14
Area.................................................... 20.60 20.59 -0.01 53.29 52.70 -0.59
Onroad.................................................. 87.44 64.70 -22.74 64.85 48.25 -16.60
-----------------------------------------------------------------------------------------------
Total............................................... 239.56 200.95 -38.61 150.43 132.38 -18.05
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 7 shows that the Cincinnati area reduced NOX and
VOC emissions by 38.61 TPSD and 18.05 TPSD, respectively, between 2011
and 2014. As shown in Table 6, the Indiana portion of the Cincinnati
area alone reduced NOX emissions by 6.66 TPSD, but VOC
emissions increased slightly by 0.86 TPSD, between 2011 and 2014.
However, overall there was a substantial decrease in both
NOX and VOC emissions for the entire Cincinnati area.
3. Meteorology.
To further support IDEM's demonstration that the improvement in air
quality between the year violations occurred and the year attainment
was achieved, is due to permanent and enforceable emission reductions
and not on favorable meteorology, an analysis was performed by the Lake
Michigan Air Directors Consortium (LADCO). A classification and
regression tree (CART) analysis was conducted with 2000 through 2014
data from three Cincinnati area ozone sites. The goal of the analysis
was to determine the meteorological and air quality conditions
associated with ozone episodes, and construct trends for the days
identified as sharing similar meteorological conditions.
Regression trees were developed for the three monitors to classify
each summer day by its ozone concentration and associated
meteorological conditions. By grouping days with similar meteorology,
the influence of meteorological variability on the underlying trend in
ozone concentrations is partially removed and the remaining trend is
presumed to be due to trends in precursor emissions or other non-
meteorological influences. The CART analysis showed that, reducing the
impact of meteorology, the resulting trends in ozone concentrations
declined over the period examined, supporting the conclusion that the
improvement in air quality was not due to unusually favorable
meteorology.
D. Does Indiana have a fully approvable ozone maintenance plan for the
Cincinnati area?
As one of the criteria for redesignation to attainment section
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has
a fully approved maintenance plan pursuant to section 175A of the CAA.
Section 175A of the CAA sets forth the elements of a maintenance plan
for areas seeking redesignation from nonattainment to attainment. Under
section 175A, the maintenance plan must demonstrate continued
attainment of the NAAQS for at least 10 years after the Administrator
[[Page 95091]]
approves a redsignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment of the NAAQS will continue for an
additional 10 years beyond the initial 10-year maintenance period. To
address the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures, as EPA deems necessary, to
assure prompt correction of the future NAAQS violation.
The Calcagni Memorandum provides further guidance on the content of
a maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emission inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan. In conjunction with its request to redesignate the
Indiana portion of the Cincinnati area to attainment for the 2008 ozone
standard, IDEM submitted a SIP revision to provide for maintenance of
the 2008 ozone standard through 2030, more than 10 years after the
expected effective date of the redesignation to attainment. As is
discussed more fully below, EPA proposes to find that Indiana's ozone
maintenance plan includes the necessary components and is proposing to
approve the maintenance plan as a revision of the Indiana SIP.
1. Attainment Inventory
EPA is proposing to determine that the Cincinnati area has attained
the 2008 ozone NAAQS based on monitoring data for the period of 2013-
2015. IDEM selected 2014 as the attainment emissions inventory year to
establish attainment emission levels for VOC and NOX. The
attainment emissions inventory identifies the levels of emissions in
the Cincinnati area that are sufficient to attain the 2008 ozone NAAQS.
The derivation of the attainment year emissions was discussed above in
section IV.C.2. of this premble. The attainment level emissions, by
source category, are summarized in Tables 4 and 5 above.
2. Has the state documented maintenance of the ozone standard in the
Cincinnati area?
Indiana has demonstrated maintenance of the 2008 ozone standard
through 2030 by assuring that current and future emissions of VOC and
NOX for the Cincinnati area remain at or below attainment
year emission levels. A maintenance demonstration need not be 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).
Indiana is using emissions inventories for the years 2020 and 2030
to demonstrate maintenance. 2030 is more than 10 years after the
expected effective date of the redesignation to attainment and 2020 was
selected to demonstrate that emissions are not expected to spike in the
interim between the attainment year and the final maintenance year. The
emissions inventories were developed as described below.
To develop the 2020 and 2030 inventories, the state collected data
from the Ozone NAAQS Emissions Modeling platform (2011v6.1) inventories
for years 2011, 2018 and 2025. 2020 emissions for area, nonroad mobile,
AIR, and point source sectors were derived by interpolating between
2018 and 2025. 2030 emissions for area, nonroad mobile, AIR, and point
source sectors were derived using the TREND function in Excel. If the
trend function resulted in a negative value the emissions were assumed
not to change. Summer day inventories were derived for these sectors
using the methodology described in section IV.C.2. above. Finally,
onroad mobile source emissions were developed in conjunction with OKI
using the same methodology described in section IV.C.2. above for the
2011 inventory. Emissions data are shown in Tables 8 through 13 below.
Table 8--Cincinnati Area NOX Emissions for Interim Maintenance Year 2020
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
County Point AIR Nonroad Area Onroad Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
Dearborn............................................ 2.96 0.00 0.30 0.48 0.74 4.48
Ohio:
Butler.............................................. 9.77 0.02 2.03 4.78 4.74 21.34
Clermont............................................ 31.32 0.00 1.11 1.14 2.91 36.48
Clinton............................................. 0.00 0.00 0.64 0.52 1.86 3.02
Hamilton............................................ 18.73 0.02 4.06 10.08 13.05 45.94
Warren.............................................. 1.54 0.00 1.50 1.66 3.81 8.51
Kentucky:
Boone............................................... 7.86 2.29 0.60 0.43 2.41 13.59
Campbell............................................ 0.17 0.00 0.23 0.49 1.50 2.39
Kenton.............................................. 0.01 0.00 0.43 1.02 2.28 3.74
-----------------------------------------------------------------------------------------------
Area Totals..................................... 72.36 2.33 10.90 20.60 33.30 139.49
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 9--Cincinnati Area VOC Emissions for Interim Maintenance Year 2020
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
County Point AIR Nonroad Area Onroad Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
Dearborn............................................ 4.06 0.00 0.29 1.77 0.62 6.74
Ohio:
Butler.............................................. 2.98 0.03 2.23 9.38 4.79 19.41
Clermont............................................ 0.51 0.01 1.43 5.28 2.94 10.17
Clinton............................................. 0.00 0.01 0.51 2.54 0.93 3.99
Hamilton............................................ 2.54 0.04 5.42 21.30 13.18 42.48
[[Page 95092]]
Warren.............................................. 0.60 0.01 1.54 5.59 3.85 11.59
Kentucky:
Boone............................................... 1.73 0.45 1.03 2.41 1.38 7.00
Campbell............................................ 0.22 0.00 0.25 1.22 0.86 2.55
Kenton.............................................. 0.49 0.00 0.47 2.31 1.30 4.57
-----------------------------------------------------------------------------------------------
Area Totals..................................... 13.13 0.55 13.17 51.80 29.85 108.50
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 10--Cincinnati Area NOX Emissions for Maintenance Year 2030
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
County Point AIR Nonroad Area Onroad Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
Dearborn............................................ 2.96 0.00 0.18 0.48 0.39 4.01
Ohio:
Butler.............................................. 9.83 0.00 1.16 4.79 2.44 18.22
Clermont............................................ 31.32 0.00 0.63 1.15 1.50 34.60
Clinton............................................. 0.00 0.00 0.29 0.53 1.28 2.10
Hamilton............................................ 18.75 0.00 2.59 10.10 6.71 38.15
Warren.............................................. 1.54 0.00 0.78 1.67 1.96 5.95
Kentucky:
Boone............................................... 8.51 0.29 0.38 0.44 1.05 10.67
Campbell............................................ 0.17 0.00 0.15 0.49 0.65 1.46
Kenton.............................................. 0.01 0.00 0.27 1.02 0.99 2.29
-----------------------------------------------------------------------------------------------
Area Totals..................................... 73.09 0.29 6.43 20.67 16.97 117.45
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 11--Cincinnati Area VOC Emissions for Maintenance Year 2030
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
County Point AIR Nonroad Area Onroad Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
Dearborn............................................ 4.06 0.00 0.27 1.85 0.38 6.56
Ohio:
Butler.............................................. 3.00 0.01 2.43 9.31 2.88 17.63
Clermont............................................ 0.64 0.00 1.46 5.20 1.77 9.07
Clinton............................................. 0.01 0.00 0.42 2.61 0.71 3.75
Hamilton............................................ 2.62 0.00 5.87 21.01 7.92 37.42
Warren.............................................. 0.58 0.00 1.51 5.52 2.32 9.93
Kentucky:
Boone............................................... 1.73 0.06 0.92 2.36 0.77 5.84
Campbell............................................ 0.21 0.00 0.22 1.19 0.48 2.10
Kenton.............................................. 0.47 0.00 0.50 2.25 0.73 3.95
-----------------------------------------------------------------------------------------------
Area Totals..................................... 13.32 0.07 13.60 51.30 17.96 96.25
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 12--Change in NOX and VOC Emissions Between 2014 and 2030 for the Indiana Portion of the Cincinnati Area
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
-------------------------------------------------------------------------------------------------------
Net change Net change
2014 2020 2030 (2014-2030) 2014 2020 2030 (2014-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point........................................... 11.74 2.96 2.96 -8.78 5.54 4.06 4.06 -1.48
AIR............................................. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Nonroad......................................... 0.44 0.30 0.18 -0.26 0.36 0.29 0.27 -0.09
Area............................................ 0.47 0.48 0.48 0.01 1.75 1.77 1.85 0.10
Onroad.......................................... 1.37 0.74 0.39 -0.98 0.99 0.62 0.38 -0.61
-------------------------------------------------------------------------------------------------------
Total....................................... 14.02 4.48 4.01 -10.01 8.64 6.74 6.56 -2.08
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 95093]]
Table 13--Change in NOX and VOC Emissions Between 2014 and 2030 for the Entire Cincinnati Area
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
-------------------------------------------------------------------------------------------------------
Net change Net change
2014 2020 2030 (2014-2030) 2014 2020 2030 (2014-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point........................................... 95.80 72.36 73.09 -22.71 14.84 13.13 13.32 -1.52
AIR............................................. 2.11 2.33 0.29 -1.82 0.52 0.55 0.07 -0.45
Nonroad......................................... 17.75 10.90 6.43 -11.32 16.07 13.17 13.60 -2.47
Area............................................ 20.59 20.60 20.67 0.08 52.70 51.80 51.30 -1.40
Onroad.......................................... 64.70 33.30 16.97 -47.73 48.25 29.85 17.96 -30.29
-------------------------------------------------------------------------------------------------------
Total....................................... 200.95 139.49 117.45 -83.50 132.38 108.50 96.25 -36.13
--------------------------------------------------------------------------------------------------------------------------------------------------------
In summary, the maintenance demonstration for the Cincinnati area
shows maintenance of the 2008 ozone standard by providing emissions
information to support the demonstration that future emissions of
NOX and VOC will remain at or below 2014 emission levels
when taking into account both future source growth and implementation
of future controls. Table 13 shows NOX and VOC emissions in
the Cincinnati area are projected to decrease by 83.50 TPSD and 36.13
TPSD, respectively, between 2014 and 2030. As shown in Table 12,
NOX and VOC emissions in the Indiana portion of the
Cincinnati area alone are projected to decrease by 10.01 TPSD and 2.08
TPSD, respectively, between 2014 and 2030.
3. Continued Air Quality Monitoring
IDEM has committed to continue to operate the ozone monitors listed
in Table 1 above. IDEM has committed to consult with EPA prior to
making changes to the existing monitoring network should changes become
necessary in the future. Indiana remains obligated to meet monitoring
requirements and continue to quality assure monitoring data in
accordance with 40 CFR part 58, and to enter all data into the Air
Quality System (AQS) in accordance with Federal guidelines.
4. Verification of Continued Attainment
The State of Indiana has the legal authority to enforce and
implement the requirements of the maintenance plan for the Indiana
portion of the Cincinnati area. This includes the authority to adopt,
implement, and enforce any subsequent emission control measures
determined to be necessary to correct future ozone attainment problems.
Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
update of the area's emissions inventory. IDEM will continue to operate
the current ozone monitors located in the Indiana portion of the
Cincinnati area. There are no plans to discontinue operation, relocate,
or otherwise change the existing ozone monitoring network other than
through revisions in the network approved by the EPA.
In addition, to track future levels of emissions, IDEM will
continue to develop and submit to EPA updated emission inventories for
all source categories at least once every three years, consistent with
the requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.122.
The Consolidated Emissions Reporting Rule (CERR) was promulgated by EPA
on June 10, 2002 (67 FR 39602). The CERR was replaced by the Annual
Emissions Reporting Requirements (AERR) on December 17, 2008 (73 FR
76539). The most recent triennial inventory for Indiana was compiled
for 2014. Point source facilities covered by Indiana's emissions
statements rule, which was submitted separately by IDEM for inclusion
in Indiana's SIP and is being considered by EPA in a separate rule,
will submit VOC and NOX emissions on an annual basis.
5. What is the contingency plan for the Cincinnati area?
Section 175A of the CAA requires that the state must adopt a
maintenance plan, as a SIP revision, that includes such contingency
measures as EPA deems necessary to assure that the state will promptly
correct a violation of the NAAQS that occurs after redesignation of the
area to attainment of the NAAQS. The maintenance plan must identify:
The contingency measures to be considered and, if needed for
maintenance, adopted and implemented; a schedule and procedure for
adoption and implementation; 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 considered, adopted,
and implemented. The maintenance plan must include a commitment that
the state will implement all measures with respect to the control of
the relevant pollutants that were in the SIP before redesignation of
the area to attainment in accordance with section 175A(d) of the CAA.
As required by section 175A of the CAA, Indiana has adopted a
contingency plan for the Cincinnati area to address possible future
ozone air quality problems. The contingency plan adopted by Indiana has
two levels of response, a warning level response and an action level
response.
In Indiana's plan, a warning level response will be triggered when
an annual fourth high monitored value of 0.079 ppm or higher is
monitored within the maintenance area. A warning level response will
consist of IDEM conducting a study to determine whether the ozone value
indicates a trend toward higher ozone values and/or whether emissions
appear to be increasing. The studies will evaluate whether the trend,
if any, is likely to continue and, if so, the control measures
necessary to reverse the trend. The studies 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.
In Indiana's plan, an action level response is triggered when a
two-year average fourth high value of 0.076 ppm or greater is monitored
within the maintenance area. A violation of the standard within the
maintenance area also triggers an action level response. When an action
level response is triggered, IDEM will determine what additional
control measures are needed to assure future attainment of the ozone
standard, and will adopt these measures through the necessary
administrative and legal process, including the opportunity for a
public hearing. Control measures selected will be
[[Page 95094]]
adopted and implemented within 18 months from the close of the ozone
season that prompted the action level. IDEM may also consider if a new
measure or control is already promulgated and scheduled to be
implemented at the federal or state level and would thus constitute an
adequate contingency measure response.
IDEM included the following list of potential contingency measures
in its maintenance plan:
1. Installation of a vehicle emissions testing program
2. Asphalt paving (lower VOC formulation)
3. Diesel exhaust retrofits
4. Traffic flow improvements
5. Idle reduction programs
6. Portable fuel container regulation (statewide)
7. Park and ride facilities
8. Rideshare/carpool program
9. VOC cap/trade program for major stationary sources
10. NOX Reasonably Available Control Technology
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. In addition, as required
by section 175A(b) of the CAA, IDEM has committed to submit to EPA an
updated ozone maintenance plan eight years after redesignation of the
Indiana portion of the Cincinnati area to cover an additional ten years
beyond the initial 10-year maintenance period. Thus, EPA proposes to
find that the maintenance plan SIP revision submitted by IDEM for the
Indiana portion of the Cincinnati area meets the requirements of
section 175A of the CAA.
V. Has the state adopted approvable motor vehicle emission budgets?
A. Motor Vehicle Emission Budgets
Under section 176(c) of the CAA, new transportation plans,
programs, or projects that receive Federal funding or support, such as
the construction of new highways, must ``conform'' to (i.e., be
consistent with) the SIP. Conformity to the SIP means that
transportation activities will not cause new air quality violations,
worsen existing air quality problems, or delay timely attainment of the
NAAQS or interim air quality milestones. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and procedures for demonstrating and
assuring conformity of transportation activities to a SIP.
Transportation conformity is a requirement for nonattainment and
maintenance areas. Maintenance areas are areas that were previously
nonattainment for a particular NAAQS, but that have been redesignated
to attainment with an approved maintenance plan for the NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs for nonattainment areas and maintenance plans for
areas seeking redesignations to attainment of the ozone standard and
maintenance areas. See the SIP requirements for the 2008 ozone standard
in EPA's March 6, 2015 implementation rule (80 FR 12264). These control
strategy SIPs (including reasonable further progress plans and
attainment plans) and maintenance plans must include MVEBs for criteria
pollutants, including ozone, and their precursor pollutants (VOC and
NOX for ozone) to address pollution from onroad
transportation sources. The MVEBs are the portion 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. See 40 CFR 93.101.
Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment must be established, at minimum, for the last year of the
maintenance plan. A state may adopt MVEBs for other years as well. The
MVEB serves as a ceiling on emissions from an area's planned
transportation system. The MVEB concept is further 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, subsequent to initially
establishing a MVEB in the SIP.
B. What is the status of EPA's adequacy determination for the proposed
VOC and NOX MVEBs for the Cincinnati area?
When reviewing submitted control strategy SIPs or maintenance plans
containing MVEBs, EPA must affirmatively find that the MVEBs contained
therein are adequate for use in determining transportation conformity.
Once EPA affirmatively finds that the submitted MVEBs are adequate for
transportation purposes, the MVEBs must be 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 adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: Public notification of a SIP submission;
provision for a public comment period; and EPA's adequacy
determination. This process for determining the adequacy of submitted
MVEBs for transportation conformity purposes was initially outlined in
EPA's May 14, 1999 guidance, ``Conformity Guidance on Implementation of
March 2, 1999, Conformity Court Decision.'' EPA adopted regulations to
codify the adequacy process in the Transportation Conformity Rule
Amendments for the ``New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule Amendments--Response to Court
Decision and Additional Rule Change,'' on July 1, 2004 (69 FR 40004).
Additional information on the adequacy process for transportation
conformity purposes is available in the proposed rule titled,
``Transportation Conformity Rule Amendments: Response to Court Decision
and Additional Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, Indiana's maintenance plan includes
NOX and VOC MVEBs for the Cincinnati area for 2030 and 2020,
the last year of the maintenance period and an interim year. EPA
reviewed the VOC and NOX MVEBs through the adequacy process.
Indiana's February 23, 2016, maintenance plan SIP submission, including
the VOC and NOX MVEBs for the Indiana and Ohio portion of
the Cincinnati area, was open for public comment on EPA's adequacy Web
site on July 22, 2016, found at: https://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public comment period on
adequacy of the 2020 and 2030 MVEBs for the Indiana and Ohio portion of
the Cincinnati area closed on August 22, 2016. No comments on the
submittal were received during the adequacy comment period. The
submitted maintenance plan, which included the MVEBs, was endorsed by
the Governor (or his or her designee) and was subject to a state public
hearing. The MVEBs were developed as part of an interagency
consultation process which includes Federal, state, and local agencies.
The MVEBs were clearly identified and precisely quantified. These
MVEBs, when considered together with all other emissions sources, are
consistent with maintenance of the 2008 ozone standard.
[[Page 95095]]
Table 14--MVEBs for the Indiana and Ohio Portion of the Cincinnati Area, TPSD
--------------------------------------------------------------------------------------------------------------------------------------------------------
Attainment
year 2014 2020 Estimated 2020 Mobile 2030 Estimated 2030 Mobile
onroad onroad safety margin 2020 MVEBs onroad safety margin 2030 MVEBs
emissions emissions allocation emissions allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC..................................... 41.75 26.31 3.71 30.02 15.98 2.24 18.22
NOX..................................... 50.66 27.11 3.68 30.79 14.28 1.94 16.22
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 14, the 2020 and 2030 MVEBs are greater than the
estimated 2020 and 2030 onroad sector emissions. In an effort to
accommodate future variations in travel demand models and vehicle miles
traveled forecast, IDEM allocated a portion of the safety margin
(described further below) to the mobile sector. Indiana has
demonstrated that the Cincinnati area can maintain the 2008 ozone NAAQS
with mobile source emissions in the Indiana and Ohio portion of the
area of 30.02 TPSD and 18.22 TPSD of VOC in 2020 and 2030,
respectively, and 30.79 TPSD and 16.22 TPSD of NOX in 2020
and 2030, respectively, since despite partial allocation of the safety
margin, emissions will remain under attainment year emission levels.
EPA has found adequate and is proposing to approve the MVEBs for use to
determine transportation conformity in the Indiana and Ohio portion of
the Cincinnati area, because EPA has determined that the area can
maintain attainment of the 2008 ozone NAAQS for the relevant
maintenance period with mobile source emissions at the levels of the
MVEBs.
C. 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 shown in Table 15 below,
the emissions in the Indiana and Ohio portion of the Cincinnati area,
excluding the Kentucky portion of the area, are projected to have
safety margins of 70.48 TPSD for NOX and 30.20 TPSD for VOC
in 2030 (the difference between the attainment year, 2014, emissions
and the projected 2030 emissions for all sources in just the Indiana
and Ohio portion of the Cincinnati area). Similarly, there is a safety
margin of 53.74 TPSD for NOX and 20.18 TPSD for VOC in 2020.
Table 15--Safety Margin for the Indiana and Ohio Portion of the Cincinnati Area, TPSD
----------------------------------------------------------------------------------------------------------------
Attainment
year 2014 2020 Estimated 2020 Safety 2030 Estimated 2030 Safety
emissions from emissions from margin emissions from margin
all sources all sources allocation all sources allocation
----------------------------------------------------------------------------------------------------------------
VOC............................. 114.56 94.38 20.18 84.36 30.20
NOX............................. 173.51 119.77 53.74 103.03 70.48
----------------------------------------------------------------------------------------------------------------
Even if emissions reached the full level of the safety margin, the
counties would still demonstrate maintenance since emission levels
would equal those in the attainment year.
As shown in Table 14 above, a portion of the safety margin for the
Indiana and Ohio portion of the Cincinnati area is allocated to the
mobile source sector. Specifically, in 2020, 3.71 TPSD and 3.68 TPSD of
the VOC and NOX safety margins, respectively, are allocated
to the mobile source sector. In 2030, 2.24 TPSD and 1.94 TPSD of the
VOC and NOX safety margins, respectively, are allocated to
the mobile source sector. The requested amount allocated to the MVEBs
represents only a small portion of the 2020 and 2030 safety margins.
Therefore, even though the requested MVEBs are greater than the
projected onroad mobile source emissions for 2020 and 2030 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.
VI. Has the state submitted approvable emission inventories?
A. The 2008 Ozone NAAQS and Emission Inventory Requirements
CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and
7511a(a)(1), require states to develop and submit, as SIP revisions,
emission inventories for all areas designated as nonattainment for any
NAAQS, including the 2008 ozone NAAQS. An emission inventory for ozone
is an estimation of actual emissions of air pollutants that contribute
to the formation of ozone in an area. Therefore, an emission inventory
for ozone focuses on the emissions of VOC and NOX. VOC is
emitted by many types of pollution sources, including power plants,
industrial sources, onroad and nonroad mobile sources, smaller
stationary sources, collectively referred to as area sources, and
biogenic sources.\7\ NOX is primarily emitted by combustion
sources, both stationary and mobile.
---------------------------------------------------------------------------
\7\ Biogenic emissions are produced by living organisms and are
typically not included in the base year emission inventories, but
are considered in ozone modeling analyses, which must consider all
emissions in a modeled area.
---------------------------------------------------------------------------
Emission inventories provide emissions data for a variety of air
quality planning tasks, including establishing baseline emission levels
(anthropogenic [manmade] emissions associated with ozone standard
violations), calculating emission reduction targets needed to attain
the NAAQS and to achieve reasonable further progress toward attainment
of the ozone standard (not required in the area considered here),
determining emission inputs for ozone air quality modeling analyses,
and tracking emissions over time to determine progress toward achieving
air quality and emission reduction goals. As stated above, the CAA
requires the states to submit emission inventories for areas designated
as nonattainment for ozone.
[[Page 95096]]
For the 2008 ozone NAAQS, EPA has recommended that states submit
typical summer day emission estimates for 2011 (78 FR 34178, 34190,
June 6, 2013). States are required to submit estimates of VOC and
NOX emissions for four general classes of anthropogenic
sources: Stationary point sources; area sources; onroad mobile sources;
and nonroad mobile sources.
B. Indiana's Emission Inventories
Indiana's February 23, 2016 submission includes a SIP revision
addressing the VOC and NOX emission inventory requirement
for the Indiana portion of the Cincinnati area. Table 16 summarizes the
2011 VOC and NOX emissions for the Indiana portion of the
Cincinnati area for a typical summer day (reflective of the summer
period, when the highest ozone concentrations are expected in the
nonattainment area).
Table 16--Indiana Portion of Cincinnati Area 2011 Emission Inventory
[tons per day]
------------------------------------------------------------------------
Source type VOC NOX
------------------------------------------------------------------------
Non-EGU Point................................. 4.01 2.71
EGU Point..................................... 0.27 15.08
Area.......................................... 1.75 0.47
Onroad Mobile................................. 1.33 1.89
Nonroad Mobile................................ 0.42 0.53
-------------------------
Totals.................................... 7.78 20.68
------------------------------------------------------------------------
IDEM estimated VOC and NOX emissions for the Indiana
portion of the Cincinnati area by totaling emissions within each source
category. To develop the VOC and NOX emission inventories,
IDEM used the procedures summarized below.
The primary source of emissions data for non-EGU point sources was
source-reported 2011 Emission Inventory System (EIS) data. IDEM
requires certain regulated stationary sources in the ozone
nonattainment areas to submit EISs annually. An EIS contains detailed
source type-specific or source unit-specific annual and seasonal actual
emissions for all source units in a facility. The EIS data for all
applicable facilities were used to calculate annual and summer day
county-specific point source emissions. Because they are determinative,
only the summer day emissions are summarized here.
EGU point source emissions data were obtained from EPA's Clean Air
Markets Division (CAMD). CAMD collects and processes EGU emissions
nationally.
For all point sources, IDEM has provided a detailed list of major
point source facilities and their associated summer day VOC and
NOX emissions within appendix H of its February 23, 2016,
submittal.
Nonroad mobile source emissions were estimated using EPA's National
Mobile Inventory Model (NMIM). The emission estimates were processed
through the Consolidated Community Emissions Processing Tool (CONCEPT)
to spatially allocate the emissions to the county levels.
As described earlier, area, nonroad mobile, and point source
emissions (EGUs and non-EGUs) were collected from the Ozone NAAQS
Implementation Modeling platform (2011v6.1). For 2011, this represents
actual data reported to EPA by the states for the 2011 NEI. Because
emissions data from state inventory databases, the NEI, and the Ozone
NAAQS Emissions Modeling platform are annual totals, tons per summer
day were derived according to EPA's guidance document ``Temporal
Allocation of Annual Emissions Using EMCH Temporal Profiles'' dated
April 29 2002, using the temporal allocation references accompanying
the 2011v6.1 modeling inventory files.
Onroad mobile source emissions were developed in conjunction with
the Ohio-Kentucky-Indiana Regional Council of Governments (OKI) and
were calculated from emission factors produced by EPA's 2014 Motor
Vehicle Emission Simulator (MOVES) model and data extracted from the
region's travel-demand model.
IDEM applied standardized, EPA-recommended procedures and data
completeness checks to quality assure (QA) (to assure data accuracy)
and quality check (QC) (to assure data completeness) the emission
calculations.
C. EPA's Evaluation
EPA has reviewed Indiana's February 23, 2016, submittal for
consistency with CAA and EPA emission inventory requirements. In
particular, EPA has reviewed the techniques used by IDEM to derive and
quality assure the emission estimates. EPA has also determined that
Indiana has provided the public with the opportunity to review and
comment on the development of the emission estimates and that the state
has addressed all public comments.
1. Did the state adequately document the derivation of the emission
estimates?
IDEM documented the procedures used to estimate the emissions for
each of the major source types. The documentation of the emission
estimation procedures is thorough and is adequate for us to determine
that IDEM followed acceptable procedures to estimate the emissions.
2. Did the state quality assure the emission estimates?
IDEM developed a quality assurance plan and followed this plan
during the various phases of the emissions estimation and documentation
process to QA and QC the emissions for completeness and accuracy. These
quality assurance procedures were summarized in the documentation
describing how the emissions totals were developed. EPA has determined
that the quality assurance procedures are adequate and acceptable. We
conclude that Indiana has developed inventories of VOC and
NOX emissions that are comprehensive and complete.
3. Did the state provide for public review of the requested SIP
revision?
IDEM notified the public of the opportunity for comment, and opened
a comment period to solicit comments relevant to the emission inventory
and the entire submittal. IDEM has reported that no comments were
received.
VII. Proposed Actions
EPA is proposing to determine that the Cincinnati nonattainment
area is attaining the 2008 ozone standard, based on quality-assured and
certified monitoring data for 2013-2015 and that the Indiana portion of
this area has met the requirements for redesignation under section
107(d)(3)(E) of the CAA. EPA is thus proposing to approve IDEM's
request to change the legal designation of the Indiana portion of the
Cincinnati area from nonattainment to attainment for the 2008 ozone
standard. EPA is also proposing to approve, as a revision to the
Indiana SIP, the state's maintenance plan for the area. The maintenance
plan is designed to keep the Cincinnati area in attainment of the 2008
ozone NAAQS through 2030. Additionally, EPA finds adequate and is
proposing to approve the newly-established 2020 and 2030 MVEBs for the
Indiana and Ohio portion of the Cincinnati area. Finally, EPA is
proposing to approve the 2011 base year emissions inventory submitted
by IDEM as meeting the base year emissions inventory requirement of the
CAA for the Indiana portion of the Cincinnati area.
VIII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a
[[Page 95097]]
maintenance plan under section 107(d)(3)(E) are actions that affect the
status of a geographical area and do not impose any additional
regulatory requirements on sources beyond those imposed by state law. A
redesignation to attainment does not in and of itself create any new
requirements, but rather results in the applicability of requirements
contained in the CAA for areas that have been redesignated to
attainment. Moreover, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
Dated: December 12, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-31044 Filed 12-23-16; 8:45 am]
BILLING CODE 6560-50-P
