Air Plan Approval; Ohio; Redesignation of the Cleveland Area to Attainment of the 2012 Annual Standard for Fine Particulate Matter, 66200-66209 [2018-27746]
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66200
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: December 6, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018–27777 Filed 12–21–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2018–0572; FRL–9988–22–
Region 5]
Air Plan Approval; Ohio;
Redesignation of the Cleveland Area to
Attainment of the 2012 Annual
Standard for Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On July 24, 2018, the Ohio
Environmental Protection Agency
(Ohio) submitted a request for the
Environmental Protection Agency (EPA)
to redesignate the Cleveland area to
attainment of the 2012 annual national
ambient air quality standards (NAAQS
or standards) for fine particulate matter
(PM2.5) under the Clean Air Act (CAA).
EPA is proposing to grant Ohio’s
request. EPA is proposing to determine
that the Cleveland area has attained the
2012 annual PM2.5 standard, based on
the most recent three years of certified
air quality data. EPA is proposing to
approve a revision to the Ohio state
implementation plan (SIP) that the
Cleveland area meets the requirements
for redesignation under the CAA and for
the state’s maintenance plan for the
2012 annual PM2.5 NAAQS through
2030. Ohio’s maintenance plan
submission includes motor vehicle
emission budgets (MVEBs) for the
mobile source contribution of PM2.5 and
nitrogen oxides (NOX) to the Cleveland
area for transportation conformity
purposes; EPA is proposing to approve
the MVEBs for 2022 and 2030 into the
Ohio SIP. EPA is taking these actions in
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SUMMARY:
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accordance with the CAA and EPA’s
implementation regulations regarding
the 2012 annual PM2.5 NAAQS.
Comments must be received on
or before January 25, 2019.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0572 at https://
www.regulations.gov, or via email to
blakley.pamela@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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Michael Leslie, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@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 actions are EPA taking?
II. What is the background for these actions?
III. What are the criteria for redesignation to
attainment?
IV. What is EPA’s analysis of the state’s
request?
1. Attainment Determination (Section
107(d)(3)(E)(i))
2. Section 110 and Part D Requirements,
and Approval SIP under Section 110(k)
(Section 107(d)(3)(E)(ii) and (v))
3. Permanent and Enforceable Reductions
in Emissions (Section 107(d)(3)(E)(iii))
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4. Maintenance Plan Pursuant to Section
175A of the CAA (Section
107(d)(3)(E)(iv))
5. Motor Vehicle Emissions Budget
(MVEBs) for PM2.5 and NOX, and Safety
Margin for the Cleveland Area
V. What are the effects of EPA’s actions?
VI. Statutory and Executive Order Reviews
I. What actions are EPA taking?
EPA is taking several actions related
to the redesignation of the Cleveland
area to attainment of the 2012 annual
PM2.5 NAAQS. EPA is proposing that
the Cleveland moderate nonattainment
area is attaining the 2012 annual PM2.5
NAAQS. EPA is proposing to approve
Ohio’s 2012 annual PM2.5 maintenance
plan for the Cleveland area as a revision
to the Ohio SIP.
EPA is proposing to find that Ohio
meets the requirements for
redesignation of the Cleveland area to
attainment of the 2012 annual PM2.5
NAAQS under section 107(d)(3)(E) of
the CAA. EPA is thus proposing to grant
Ohio’s request to change the designation
of the Cleveland area from
nonattainment to attainment of the 2012
annual PM2.5 NAAQS. EPA’s analysis of
these actions are discussed in Section IV
of today’s rulemaking.
II. What is the background for these
actions?
On December 14, 2012, EPA
promulgated a revised primary annual
PM2.5 NAAQS to provide increased
protection of public health from fine
particle pollution (78 FR 3086; January
15, 2013). In that action, EPA
strengthened the primary annual PM2.5
standard from 15.0 micrograms per
cubic meter (mg/m3) to 12.0 mg/m3,
which is attained when the 3-year
average of the annual arithmetic means
does not exceed 12.0 mg/m3. On
December 18, 2014, the EPA
Administrator signed a final action
promulgating initial designations for the
2012 primary PM2.5 NAAQS based on
2011–2013 air quality monitoring data
for the majority of the United States.
The Cleveland nonattainment area is in
northeastern Ohio and includes
Cuyahoga and Lorain counties. Ohio’s
main PM2.5 components are primary
particles (organic particles, crustal
material, and elemental carbon) and
NOX, which were included in the
attainment demonstration analysis.
Volatile organic compounds (VOCs),
sulfur dioxide (SO2) and ammonia (NH3)
were determined to be insignificant for
attainment and New Source Review
(NSR) purposes (83 FR 45193), based on
a concentration-based contribution
analysis and a sensitivity-based analysis
conducted in accordance with the
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August 26, 2016 Implementation Rule
(81 FR 58010).
III. What are the criteria for
redesignation to attainment?
The CAA sets forth criteria for
redesignating a nonattainment area to
attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation provided that: (1) The
Administrator determines that the area
has attained the applicable NAAQS
based on current air quality data; (2) the
Administrator has fully approved an
applicable SIP 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 emission reductions
resulting from implementation of the
applicable SIP, Federal air pollution
control regulations, or other permanent
and enforceable emission reductions; (4)
the Administrator has fully approved a
maintenance plan for the area 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 purposes of redesignation
under section 110 and part D of the
CAA.
IV. What is EPA’s analysis of the state’s
request?
EPA is proposing to redesignate the
Cleveland area to attainment of the 2012
annual PM2.5 NAAQS and to approve
Ohio’s maintenance plan. The basis for
EPA’s action are as follows:
1. Attainment Determination (Section
107(d)(3)(E)(i))
To redesignate an area from
nonattainment to attainment, the CAA
requires EPA to determine that the area
has attained the applicable NAAQS
(CAA section 107(d)(3)(E)(i)). For PM2.5,
an area is attaining the 2012 annual
PM2.5 NAAQS if it meets the standard,
as determined in accordance with 40
CFR 50.13 and appendix N of part 50,
based on three complete, consecutive
calendar years of quality-assured air
quality monitoring data. To attain the
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2012 annual PM2.5 NAAQS, the 3-year
average of the annual arithmetic mean
concentration, as determined in
accordance with 40 CFR part 50,
appendix N, must be less than or equal
to 12.0 mg/m3 at all relevant monitoring
sites in the subject area over a 3-year
period. The relevant data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in the EPA Air Quality System
(AQS) database. The monitors generally
should have remained at the same
location for the duration of the
monitoring period required for
demonstrating attainment.
EPA reviewed the certified, quality
assured/quality controlled PM2.5
monitoring data from the Cleveland area
for the 2012 annual PM2.5 NAAQS from
2015–2017 and determined that the
design value for the area is less than the
standard of 12.0 mg/m3 for that period.
The PM2.5 design values for monitors
with complete data are summarized in
Table 1:
TABLE 1—MONITORING DATA FOR THE CLEVELAND AREA FOR 2015–2017
[2012 annual PM2.5 standard (μg/m3)]
Year
Site
39–035–0034
39–035–0038
39–035–0045
39–035–0060
39–035–0065
39–035–0073
39–035–1002
39–093–3002
County
....................................
....................................
....................................
....................................
....................................
....................................
....................................
....................................
2015
Cuyahoga .........................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
Lorain ...............................................
Average
2016
9.2
11.8
11.0
* 11.7
13.3
(**)
9.1
8.2
2017
7.8
10.0
9.4
9.6
10.7
(**)
7.8
7.0
2015–2017
7.8
9.9
9.7
9.7
11.2
7.3
8.1
7.6
8.2
10.6
10.1
10.0
11.7
8.3
7.6
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* Data completeness requirements met by substituting data from a secondary monitor resulting in a valid design value.
** New monitor started April 1, 2017.
EPA is proposing to determine that
the Cleveland area is attaining the 2012
annual PM2.5 NAAQS. This proposed
determination is based upon complete,
quality-assured, and certified ambient
air monitoring data for the 2015–2017
monitoring period that show the area
has monitored attainment of 2012
annual PM2.5 NAAQS.
Pursuant to section 179(c) of the CAA,
EPA is also proposing to determine that,
based on air quality monitoring data for
2015–2017, the Cleveland area is
attaining the 2012 annual PM2.5
NAAQS. EPA assessed whether the
Cleveland area has attained the 2012
annual PM2.5 NAAQS, based on the
most recent three years of complete,
certified and quality-assured data, and
whether the Cleveland area attained the
2012 annual PM2.5 NAAQS by the
applicable attainment date of December
31, 2021, based on monitored data from
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2015–2017. Under EPA’s regulations at
40 CFR 50.7, the annual primary and
secondary PM2.5 standards are met when
the annual arithmetic mean
concentration, as determined in
accordance with 40 CFR part 50,
appendix N, is less than or equal to 12.0
mg/m3 at all relevant monitoring sites in
the area.
EPA has reviewed the ambient air
quality monitoring data in the Cleveland
area, consistent with the requirements
contained at 40 CFR part 50. EPA’s
review focused on data recorded in the
EPA AQS database, for the Cleveland
area for PM2.5 nonattainment area from
2015 to 2017. EPA also considered
preliminary data for 2018, which have
not been certified, but which are
consistent with the area’s continued
attainment.
All monitors in the Cleveland area
recorded complete data in accordance
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with criteria set forth by EPA in 40 CFR
part 50, appendix N, where a complete
year of air quality data comprises four
calendar quarters, with each quarter
containing data from at least 75 percent
(%) capture of the scheduled sampling
days. Available data are sufficient for
comparison to the NAAQS if three
consecutive complete years of data
exist.
2. Section 110 and Part D
Requirements, and Approval SIP Under
Section 110(k) (Section 107(d)(3)(E)(ii)
and (v))
EPA has determined that Ohio has
met all currently applicable SIP
requirements for purposes of
redesignation for the Cleveland area
under section 110 of the CAA (general
SIP requirements), and Part D planning
requirements. Ohio’s 2016 emissions
inventory was approved as meeting the
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section 172(c)(3) comprehensive
emissions inventory requirement on
September 6, 2018 (83 FR 45193).
Ohio’s reasonably available control
technology (RACT)/reasonable available
control measure (RACM) analysis was
submitted as part of the October 14,
2016 attainment demonstration. In its
RACT/RACM analysis, Ohio found that
existing measures for PM2.5, and NOX
for area sources, mobile sources and
stationary sources constitute RACT/
RACM, and Ohio found that no new
additional measures or controls are
economically or technically feasible.
Ohio’s attainment demonstration also
included a demonstration that the PM2.5
precursors VOC, SO2 and NH3 are
insignificant for the purpose of
attainment planning (including RACT/
RACM). Ohio’s RACT/RACM analysis
was approved on September 6, 2018 (83
FR 45193).
The reasonable further progress (RFP)
as required under section 172(c)(2) is
defined as progress that must be made
toward attainment. This requirement is
not relevant for purposes of
redesignation because the Cleveland
area has monitored attainment of the
2012 annual PM2.5 NAAQS. (‘‘General
Preamble for the Interpretation of Title
I of the CAA Amendments of 1990’’; (57
FR 13498, 13564, April 16, 1992)).
Thus, we are determining that the
Ohio submittal meets all SIP
requirements currently applicable for
purposes of redesignation under part D
of title I of the CAA, in accordance with
sections 107(d)(3)(E)(ii) and
107(d)(3)(E)(v).
In making these determinations, we
have ascertained which SIP
requirements are applicable for the
purposes of the redesignation, and
concluded that the Ohio SIP includes
measures meeting those requirements
and that they are fully approved under
section 110(k) of the CAA.
a. Ohio Has Met All Applicable
Requirements for Purposes of
Redesignation of the Cleveland Area
Under Section 110 and Part D of the
CAA
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i. Section 110 General SIP
Requirements
Section 110(a) of title I of the CAA
contains the general requirements for a
SIP. Section 110(a)(2) provides that the
implementation plan submitted by a
state must have been adopted by the
state after reasonable public notice and
hearing, and, among other things, must
include enforceable emission
limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; provide
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for establishment and operation of
appropriate devices, methods, systems,
and procedures necessary to monitor
ambient air quality; provide for
implementation of a source permit
program to regulate the modification
and construction of any stationary
source within the areas covered by the
plan; include provisions for the
implementation of part C, Prevention of
Significant Deterioration (PSD) and part
D, New Source Review (NSR) permit
programs; include criteria for stationary
source emission control measures,
monitoring, and reporting; include
provisions for air quality modeling; and
provide for public and local agency
participation in planning and emission
control rule development. Section
110(a)(2)(D) of the CAA requires that
SIPs contain measures to prevent
sources in a state from significantly
contributing to air quality problems in
another state.
EPA interprets the ‘‘applicable’’
requirements for an area’s redesignation
to be those requirements linked with
that area’s nonattainment designation.
Therefore, we believe that the section
110 elements described above that are
not connected with nonattainment plan
submissions and not linked with an
area’s attainment status, such as the
‘‘infrastructure SIP’’ elements of section
110(a)(2), are not applicable
requirements for purposes of the
redesignation. A state remains subject to
these requirements after an area is
redesignated to attainment, and thus
EPA does not interpret such
requirements to be relevant applicable
requirements to evaluate in a
redesignation. For example, the
requirement to submit state plans
addressing interstate transport
obligations under section
110(a)(2)(D)(i)(I) continue to apply to a
state regardless of the designation of any
particular area in the state, and thus are
not applicable requirements to be
evaluated in the redesignation context.
EPA has applied this interpretation
consistently in many redesignations for
decades. See e.g., 81 FR 44210 (July 7,
2016) (final redesignation for the
Sullivan County, Tennessee area); 79 FR
43655 (July 28, 2014) (final
redesignation for Bellefontaine, Ohio
lead nonattainment area); 61 FR 53174–
53176 (October 10, 1996) and 62 FR
24826 (May 7, 1997) (proposed and final
redesignation for Reading, Pennsylvania
ozone nonattainment area); 61 FR 20458
(May 7, 1996) (final redesignation for
Cleveland-Akron-Lorain, Ohio ozone
nonattainment area); and 60 FR 62748
(December 7, 1995) (final redesignation
of Tampa, Florida ozone nonattainment
area). See also 65 FR 37879, 37890 (June
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19, 2000) (discussing this issue in final
redesignation of Cincinnati, Ohio 1-hour
ozone nonattainment area); and 66 FR
50399 (October 19, 2001) (final
redesignation of Pittsburgh,
Pennsylvania 1-hour ozone
nonattainment area).
We have reviewed the Ohio SIP and
determined that it meets the general SIP
requirements under section 110 of the
CAA to the extent they are applicable
for purposes of redesignation. EPA has
previously approved provisions of
Ohio’s SIP addressing section 110
requirements, at 40 CFR 52.1870.
On December 4, 2015, Ohio made a
submittal which addressed the
‘‘infrastructure SIP’’ elements of the
2012 annual PM2.5 NAAQS required
under CAA section 110(a)(2). EPA
approved the 2012 annual PM2.5
infrastructure SIPs on February 2, 2018
(83 FR 4845), however, as noted above,
the requirements of section 110(a)(2) are
statewide requirements that are not
linked to the PM2.5 nonattainment status
of the Cleveland area. Therefore, these
SIP elements are not applicable
requirements for purposes of review of
the state’s 2012 annual PM2.5
redesignation request.
ii. Part D Requirements
EPA has determined that with the
approval of the base year emissions
inventory and RACM provisions as
discussed in rulemaking dated
September 6, 2018, the Ohio SIP has
met the requirements applicable for
purposes of redesignation under part D
of the CAA for the Cleveland 2012
annual PM2.5 nonattainment area.
Subpart 1 of part D sets forth the general
nonattainment requirements applicable
to all nonattainment areas.
(1) Section 172 Requirements
Section 172(c) sets out general
nonattainment plan requirements. A
thorough discussion of these
requirements can be found in the
General Preamble for Implementation of
Title I (57 FR 13498, April 16, 1992)
(‘‘General Preamble’’). EPA’s
longstanding interpretation of the
nonattainment planning requirements of
section 172 is that once an area is
attaining the NAAQS, those
requirements are not ‘‘applicable’’ for
purposes of CAA section 107(d)(3)(E)(ii)
and therefore need not be approved into
the SIP before EPA can redesignate the
area. In the General Preamble, EPA set
forth its interpretation of applicable
requirements for purposes of evaluating
redesignation requests when an area is
attaining a standard. See 57 FR 13564.
EPA noted that the requirements for
reasonable further progress and other
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measures designed to provide for an
area’s attainment do not apply in
evaluating redesignation requests
because those nonattainment planning
requirements ‘‘have no meaning’’ for an
area that has already attained the
standard. Id. This interpretation was
also set forth in the Calcagni
Memorandum.1
EPA’s long-standing interpretation
regarding the applicability of section
172(c)’s attainment planning
requirements for an area that is attaining
a NAAQS applies in this redesignation
of the Cleveland 2012 annual PM2.5
nonattainment area as well, except for
the applicability of the requirement to
implement all RACM under section
172(c)(1). On July 14, 2015, the United
States Court of Appeals for the Sixth
Circuit (6th Circuit) ruled that, to meet
the requirement of section
107(d)(3)(E)(ii), states are required to
submit plans addressing RACM/RACT
under section 172(c)(1) and EPA is
required to approve those plans prior to
redesignating the area, regardless of
whether the area is attaining the
standard. Sierra Club v. EPA, 793 F.3d
656 (6th Cir. 2015). Because Ohio is
within the jurisdiction of the 6th
Circuit, EPA is acting in accordance
with the Sierra Club decision in this
redesignation action.2 However, in this
case, this issue is moot because EPA has
already concluded that Ohio has met
RACT/RACM requirements for PM2.5 in
action published September 6, 2018 (83
FR 45193).
Section 172(c)(1) requires the plans
for all nonattainment areas to provide
for the implementation of all RACM as
expeditiously as practicable and to
provide for attainment of the primary
NAAQS. Under this requirement, a state
must consider all available control
measures, including reductions that are
available from adopting RACT on
existing sources, for a nonattainment
area and adopt and implement such
measures as are reasonably available in
the area as components of the area’s
attainment demonstration. As discussed
above, EPA approved Ohio’s RACM
submission on September 6, 2018 (83
FR 45193). Therefore, Ohio has met its
requirements under CAA section
172(c)(1) and section 107(d)(3)(E)(v).
1 September 4, 1992 Memorandum from John
Calcagni, Director, Air Quality Management
Division (EPA), entitled, ‘‘Procedures for Processing
Requests to Redesignate Areas to Attainment.’’
2 Although the approach being implemented here
is inconsistent with the Agency’s longstanding
national policy, such deviation is required in order
to act in accordance with a Circuit Court decision.
Consistent with 40 CFR 56.5(b), the Region does not
need to seek concurrence from EPA Headquarters
for such deviation in these circumstances. See also
81 FR 51102 (August 3, 2016).
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As noted above, the remaining section
172(c) ‘‘attainment planning’’
requirements are not applicable for
purposes of evaluating the state’s
redesignation request. Specifically, the
RFP requirement under section
172(c)(2), which is defined as progress
that must be made toward attainment,
the requirement to submit section
172(c)(9) contingency measures, which
are measures to be taken if the area fails
to make reasonable further progress to
attainment, and section 172(c)(6)’s
requirement that the SIP contain control
measures necessary to provide for
attainment of the standard, are not
applicable requirements that Ohio must
meet here because the Cleveland area
has monitored attainment of the 2012
annual PM2.5 NAAQS.
Section 172(c)(3) requires submission
and approval of a comprehensive,
accurate and current inventory of actual
emissions. Ohio submitted a 2011 base
year emissions inventory as part of their
PM2.5 attainment Demonstration on
October 14, 2016, and requested that the
2011 inventories be used as the most
accurate and current inventory. Ohio’s
2011 emissions inventory was approved
as meeting the section 172(c)(3)
comprehensive emissions inventory
requirement on September 6, 2018 (83
FR 45193). 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) and 189(a)(1)(A)
requires source permits for the
construction and operation of new and
modified major stationary sources
anywhere in the nonattainment area.
EPA approved Ohio’s current NSR
program for PM2.5 on June 25, 2015 (80
FR 36477). In addition, the state’s
maintenance plan does not rely on
nonattainment NSR, therefore having a
fully approved NSR program is not an
applicable requirement; nonetheless, we
have approved the state’s program.3
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, we
find that the Ohio SIP meets the section
110(a)(2) applicable requirements for
purposes of redesignation.
(2) Section 176 Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that federallysupported or funded activities,
3 A 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.’’
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66203
including highway and transit projects,
conform to the air quality planning
goals in the applicable SIPs. The
requirement to determine conformity
applies to transportation plans,
programs and projects developed,
funded or approved under title 23 of the
U.S. Code and the Federal Transit Act
(transportation conformity) as well as to
all other federally-supported or funded
projects (general conformity). See 73 FR
66964, 67043 n.120. EPA approved
Ohio’s transportation conformity SIP on
March 2, 2015 (80 FR 11133) and the
general conformity SIP on May 26, 2015
(80 FR 29968).
b. Ohio Has a Fully Approved
Applicable SIP Under Section 110(k) of
the CAA
EPA has fully approved the Ohio SIP
for the Cleveland area under section
110(k) of the CAA for all requirements
applicable for purposes of
redesignation, in accordance with
section 107(d)(3)(E)(ii). EPA may rely on
prior SIP approvals in approving a
redesignation request. See Calcagni
Memorandum at 3); Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–990 (6th
Cir. 1998); Wall v. EPA, 265 F.3d 426
(6th Cir. 2001). EPA also relies on
measures approved in conjunction with
a redesignation action. See, e.g., 68 FR
25413 (May 12, 2003) (approving I/M
program for St. Louis) and 68 FR 25426
(May 12, 2003) (approving redesignation
relying in part on I/M program
approval). As discussed in the prior
section, Ohio has adopted and
submitted (and EPA has fully approved)
a number of required SIP provisions
addressing the 2012 annual PM2.5
standards.
EPA has approved Ohio’s 2011
emissions inventories for the Cleveland
area as meeting the requirement of
section 172(c)(3) of the CAA, and
approved RACM provisions meeting the
requirement of 172(c)(1). No Cleveland
area SIP provisions are currently
disapproved, conditionally approved, or
partially approved. Therefore, the
Administrator has fully approved the
applicable requirements for the
Cleveland area under section 110(k) in
accordance with section 107(d)(3)(E)(ii).
3. Permanent and Enforceable
Reductions in Emissions (Section
107(d)(3)(E)(iii))
EPA finds that Ohio has demonstrated
that the observed air quality
improvement in the Cleveland area is
due to permanent and enforceable
reductions from Federal measures. In
making this demonstration, Ohio has
calculated the change in emissions
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between 2011, one of the years the
Cleveland area was monitoring
nonattainment, and 2016, one of the
years the Cleveland area monitored
attainment. 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 Cleveland and
contributing areas have implemented in
recent years.
content diesel. The reduction in fuel
sulfur content also yielded an
immediate reduction in sulfate particle
emissions from all diesel vehicles.
Nonroad Diesel Rule. In May 2004,
EPA promulgated a new rule for large
nonroad diesel engines, such as those
used in construction, agriculture and
mining equipment, to be phased in
between 2008 and 2014. The rule also
reduces the sulfur content in nonroad
diesel fuel by over 99%. Prior to 2006,
a. Permanent and Enforceable Controls
nonroad diesel fuel averaged
Implemented
approximately 3,400 ppm sulfur. This
The following is a discussion of
rule limited nonroad diesel sulfur
permanent and enforceable measures
content to 500 ppm by 2006, with a
that have been implemented in the area: further reduction to 15 ppm by 2010.
The combined engine and fuel rules will
i. Federal Emission Control Measures
reduce NOX and PM2.5 emissions from
Reductions in directly emitted fine
large nonroad diesel engines by over
particles and fine particle precursor
90%, compared to current nonroad
emissions have occurred statewide and
engines using higher sulfur content
in upwind areas because of Federal
diesel. It is estimated that compliance
emission control measures, with
additional emission reductions expected with this rule will cut NOX emissions
from nonroad diesel engines by up to
to occur in the future. Federal emission
control measures include the following. 90%. This rule achieved some emission
reductions by 2008, and was fully
Tier 2 Emission Standards for
Vehicles and Gasoline Sulfur Standards. implemented by 2010. The reduction in
fuel sulfur content also yielded an
These emission control requirements
immediate reduction in sulfate particle
result in lower NOX and SO2 emissions
emissions from all diesel vehicles.
from new cars and light duty trucks,
Nonroad Large Spark-Ignition Engine
including sport utility vehicles. The
and Recreational Engine Standards. In
Federal rules were phased in between
November 2002, EPA promulgated
2004 and 2009. EPA has estimated that,
emission standards for groups of
by the end of the phase-in period, new
previously unregulated nonroad
vehicles will emit less NOX with the
engines. These engines include large
following percentage decreases:
spark-ignition engines such as those
Passenger cars (light duty vehicles)—
used in forklifts and airport ground77%; light duty trucks, minivans and
sports utility vehicles—86%; and, larger service equipment; recreational vehicles
sports utility vehicles, vans and heavier using spark-ignition engines such as offtrucks—69% to 95%. EPA expects fleet- highway motorcycles, all-terrain
vehicles and snowmobiles; and
wide average emissions to decline by
recreational marine diesel engines.
similar percentages as new vehicles
Emission standards from large sparkreplace older vehicles. The Tier 2
ignition engines were implemented in
standards also reduced the sulfur
two tiers, with Tier 1 starting in 2004
content of gasoline to 30 parts per
and Tier 2 in 2007. Recreational vehicle
million (ppm) beginning in January
emission standards are being phased in
2006, reducing both directly emitted
from 2006 through 2012. Marine diesel
sulfates and the precursor SO2. Most
engine standards were phased in from
gasoline sold in Ohio prior to January
2006 through 2009. With full
2006 had a sulfur content of about 500
implementation of the entire nonroad
ppm.
Heavy-Duty Diesel Engine Rule. EPA
spark-ignition engine and recreational
issued this rule in July 2000. This rule
engine standards, an 80% reduction in
includes standards limiting the sulfur
NOX is expected by 2020. Most of these
content of diesel fuel, which went into
emission reductions occurred by the
effect in 2004. A second phase took
2015–2017 period used to demonstrate
effect in 2007 which reduced fine
attainment, but additional emission
particle emissions from heavy-duty
reductions will occur during the
highway engines and further reduced
maintenance period.
the highway diesel fuel sulfur content to
ii. Control Measures in Contributing
15 ppm. The total program is estimated
Areas
to achieve a 90% reduction in direct
PM2.5 emissions and a 95% reduction in
NOX SIP Call. On October 27, 1998
(63 FR 57356), EPA issued a NOX SIP
NOX emissions for these new engines
Call requiring the District of Columbia
using low sulfur diesel, compared to
and 22 states to reduce emissions of
existing engines using higher sulfur
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NOX. Affected states were required to
comply with Phase I of the SIP Call
beginning in 2004, and Phase II
beginning in 2007. Emission reductions
resulting from regulations developed in
response to the NOX SIP Call are
permanent and enforceable.
Clean Air Interstate Rule (CAIR). On
March 10, 2004, EPA promulgated the
CAIR. The CAIR rule required Electric
Generating Units (EGUs) in 28 eastern
states and the District of Columbia to
significantly reduce emissions of NOX
and SO2. On July 6, 2011, EPA finalized
Cross-State Air Pollution Rule (CSAPR)
as a replacement for CAIR. CSAPR
became effective on January 1, 2015, for
SO2 and annual NOX, and May 1, 2015,
for ozone season NOX. EPA estimated
CSAPR will reduce EGU SO2 emissions
by 73% and NOX emissions by 54%
from 2005 levels in the CSAPR region,
which includes Ohio. Between 2011 and
2015, in Ohio alone, annual NOX EGU
emissions decreased from 103,592 tons
per year (TPY) to 67,059 TPY and SO2
EGU emissions decreased from 575,474
TPY to 177,257 TPY.
On September 7, 2016, EPA
promulgated an update to CSAPR that
will bring even greater reductions in
NOX emissions. EPA estimated that the
CSAPR update and other changes
already underway in the power sector
will cut ozone season NOX emissions
from power plants in the eastern United
States by 20%, resulting in a reduction
of 80,000 tons in 2017 compared to 2015
levels.
Several facilities in the Cleveland
have reduced PM2.5 and precursor
emissions, and Ohio has made the
reductions permanent and enforceable.
Cleveland Electric Illuminating Co.,
Lake Shore Plant in Cuyahoga County,
permanently shut down December 17,
2015. The Medical Center in Cuyahoga
County converted to natural gas by
January 13, 2017, shuttering its two
coal-fired boilers (B003 and B004) and
replacing them with a natural gas boiler
(B023) with a federally-enforceable SO2
limit of 1.18 TPY. Cleveland Thermal
LLC in Cuyahoga County retired all
coal-fired and oil-fired boilers by
January 31, 2017, except two oil-fired
boilers retained for auxiliary use. The
Avon Lake Power Plant in Lorain
County accepted a federally enforceable
combined emissions limitation on all
SO2 emitting sources at the facility at
9,600 lbs/hr, effective beginning January
13, 2017, to satisfy the 1-hour SO2
standard. Oberlin College in Lorain
County shut down coal fired boilers on
April 22, 2014. These emissions
reductions are detailed in Table 2.
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TABLE 2—2011 AND 2016 EMISSIONS TOTALS FOR THE CLEVELAND 2012 ANNUAL PM2.5 NAAQS
[Tons/year]
Pollutant
2011
PM2.5 ............................................................................................................................................
NOX ..............................................................................................................................................
SO2 ..............................................................................................................................................
VOC .............................................................................................................................................
NH3 ..............................................................................................................................................
4. Maintenance Plan Pursuant to Section
175A of the CAA (Section
107(d)(3)(E)(iv))
through 2030, more than ten years after
redesignation.
In conjunction with Ohio’s request to
redesignate the Cleveland
nonattainment area to attainment status,
Ohio has submitted a SIP revision to
provide for maintenance of the 2012
annual PM2.5 NAAQS in the area
through 2030.
Ohio developed an emissions
inventory for annual PM2.5 emissions for
2016, one of the years in the period
during which the Cleveland area
monitored attainment of the 2012
annual PM2.5 NAAQS. The attainment
levels of emissions are summarized in
Tables 3 through 7, along with future
maintenance projections.
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a. What is required in a maintenance
plan?
Section 175A of the CAA sets forth
the required elements of a maintenance
plan for areas seeking redesignation
from nonattainment to attainment.
Under section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least ten
years after EPA approves a
redesignation to attainment. Eight years
after redesignation, the state must
submit a revised maintenance plan
which demonstrates that attainment will
continue to be maintained for ten years
following the initial 10-year
maintenance period. To address the
possibility of future NAAQS violations,
the maintenance plan must contain
contingency measures with a schedule
for implementation as EPA deems
necessary to assure prompt correction of
any future PM2.5 NAAQS violations.
The Calcagni memorandum provides
additional guidance on the content of a
maintenance plan. The memorandum
states that a maintenance plan should
address the following items: The
attainment emissions inventory, a
maintenance demonstration showing
maintenance for the 10 years of the
maintenance period, a commitment to
maintain the existing monitoring
network, factors and procedures to be
used for verification of continued
attainment of the NAAQS, and a
contingency plan to prevent or correct
future violations of the NAAQS.
As discussed in detail in the section
below, the state’s maintenance plan
submission expressly documents that
the area’s emissions inventory and
modeling show that the area will remain
below the attainment year inventories
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b. Attainment Inventory
c. Demonstration of Maintenance
As discussed above, EPA has
determined that the Cleveland area
attained the 2012 annual PM2.5 NAAQS
based on monitoring data for the 3-year
period from 2015–2017. In its
maintenance plan, Ohio selected 2016
as the attainment emission inventory
year. The attainment inventory
identifies the level of emissions in the
Cleveland area that is sufficient to attain
the 2012 annual PM2.5 NAAQS. Ohio
began development of the attainment
inventory by first generating a baseline
emissions inventory for the Cleveland
area. The year 2011 was chosen as the
base year for developing a
comprehensive emissions inventory for
direct PM2.5, NOX, SO2, VOC, and NH3.
The projected inventory included with
the maintenance plan estimates
emissions forward to 2022 and 2030,
which satisfies the 10-year interval
required in section 175(A) of the CAA.
The emissions inventories address
four major types of sources: Point, area,
on-road mobile, and non-road mobile.
The future year emissions inventories
have been estimated using projected
rates of growth in population, traffic,
economic activity, expected control
programs, and other parameters. Nonroad mobile emissions estimates were
based on EPA’s non-road mobile model,
with the exception of the railroad
locomotives, commercial marine, and
aircraft. On-road mobile source
emissions were calculated using EPA’s
MOVES2014a on-road mobile emission
model. The 2016 PM2.5, NOX, SO2, VOC,
and NH3 emissions for Cleveland area,
as well as the emissions for other years,
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2016
5843.68
46892.19
39406.99
33402.70
1606.26
4989.39
35414.24
14724.02
26968.63
1570.86
Difference
¥854.29
¥11477.95
¥24682.97
¥6434.07
¥35.4
were developed consistent with EPA
guidance.
Section 175A requires a state seeking
redesignation to attainment to submit a
SIP revision to provide for the
maintenance of the NAAQS in the area
‘‘for at least 10 years after the
redesignation.’’ EPA has interpreted this
as a showing of maintenance ‘‘for a
period of ten years following
redesignation.’’ Calcagni Memorandum,
p. 9. Where the emissions inventory
method of showing maintenance is
used, the purpose is to show that
emissions during the maintenance
period will not increase over the
attainment year inventory. Calcagni
Memorandum, pp. 9–10.
As discussed in detail below, Ohio’s
maintenance plan submission expressly
documents that the Cleveland area’s
overall emissions inventories will
remain well below the attainment year
inventories through 2030. In addition,
for the reasons set forth below, EPA
believes that the Cleveland area will
continue to maintain the 2012 annual
PM2.5 NAAQS through 2030. Thus, if
EPA finalizes its proposed approval of
the redesignation request and
maintenance plan, the approval will be
based upon this showing, in accordance
with section 175A, and EPA’s analysis
described herein, that the Ohio’s
maintenance plan provides for
maintenance for at least 10 years after
redesignation.
The maintenance plan for the
Cleveland 2012 annual PM2.5 area
includes a maintenance demonstration
that:
(i) Shows compliance with and
maintenance of the annual PM2.5
standard by providing information to
support the demonstration that current
and future emissions of PM2.5 and NOX,
as well as other precursors, remain at or
below 2016 emissions levels.
(ii) Uses 2016 as the attainment year
and includes future emission inventory
projections for 2022 and 2030.
(iii) Identifies an ‘‘out year’’ at least 10
years after EPA review and potential
approval of the maintenance plan. Per
40 CFR part 93, PM2.5, and NOX MVEBs
were established for the last year (2030)
of the maintenance plan.
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(iv) Provides, as shown in Tables 3
through 7 below, the estimated and
projected emissions inventories, in tons
per year, for the Cleveland area, for
PM2.5, NOX, SO2, VOC, and NH3.
TABLE 3—CLEVELAND, OHIO PM2.5 EMISSION INVENTORIES
[Tons/year]
2016
Attainment
Sector
2022
Interim
2030
Maintenance
Difference
2016–2030
EGU Point ........................................................................................................
Non-EGU .........................................................................................................
Non-road ..........................................................................................................
Area .................................................................................................................
MAR .................................................................................................................
On-road ............................................................................................................
244.52
959.26
483.3
2618.69
109.8
573.82
244.2
947.74
404.76
2632.91
97.54
353.73
244.06
947.74
389.63
2612.65
79.43
235.28
¥0.46
¥11.52
¥93.67
¥6.04
¥30.37
¥338.54
Total ..........................................................................................................
4989.39
4680.88
4508.79
¥480.6
TABLE 4—CLEVELAND, OHIO NOX EMISSION INVENTORIES
[Tons/year]
2016
Attainment
Sector
2022
Interim
2030
Maintenance
Difference
2016–2030
EGU Point ........................................................................................................
Non-EGU .........................................................................................................
Non-road ..........................................................................................................
Area .................................................................................................................
MAR .................................................................................................................
On-road ............................................................................................................
2094.74
3019.4
5302.02
5979.36
3693.28
15325.44
2130.53
2472.33
4259.67
6033.34
3391.82
8201.77
2081.42
2472.33
3888.48
6034.14
2847.09
4267.43
¥13.32
¥547.07
¥1413.54
54.78
¥846.19
¥11058.01
Total ..........................................................................................................
35414.24
26489.46
21590.89
¥13823.35
TABLE 5—CLEVELAND, OHIO SO2 EMISSION INVENTORIES
[Tons/year]
2016
Attainment
Sector
2022
Interim
2030
Maintenance
Difference
2016–2030
EGU Point ........................................................................................................
Non-EGU .........................................................................................................
Non-road ..........................................................................................................
Area .................................................................................................................
MAR .................................................................................................................
On-road ............................................................................................................
9022.75
5312.54
9.39
183.9
94.2
101.24
9020.59
1411.93
12.63
200.83
118.21
88.63
9020.59
1411.93
13.89
200.92
119.03
70.59
¥2.16
¥3900.61
4.5
17.02
24.83
¥30.65
Total ..........................................................................................................
14724.02
10852.82
10836.95
¥3887.07
TABLE 6—CLEVELAND, OHIO VOC EMISSION INVENTORIES
[Tons/year]
2016
Attainment
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Sector
2022
Interim
2030
Maintenance
Difference
2016–2030
EGU Point ........................................................................................................
Non-EGU .........................................................................................................
Non-road ..........................................................................................................
Area .................................................................................................................
MAR .................................................................................................................
On-road ............................................................................................................
15.74
1354.24
7687.75
14994.33
325.14
2591.43
16.76
1202.43
6725.32
14988.5
336.16
1095.4
15.45
1202.43
6625.2
14913.02
313.96
470.43
¥0.29
¥151.81
¥1062.55
¥81.31
¥11.18
¥2121
Total ..........................................................................................................
26968.63
24364.57
23540.49
¥3428.14
TABLE 7—CLEVELAND, OHIO NH3 EMISSION INVENTORIES
[Tons/year]
2016
Attainment
Sector
EGU Point ........................................................................................................
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Interim
0.13
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Maintenance
0.13
Difference
2016–2030
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TABLE 7—CLEVELAND, OHIO NH3 EMISSION INVENTORIES—Continued
[Tons/year]
2016
Attainment
Sector
2030
Maintenance
Difference
2016–2030
Non-EGU .........................................................................................................
Non-road ..........................................................................................................
Area .................................................................................................................
MAR .................................................................................................................
On-road ............................................................................................................
57.58
11.93
1131.54
1.55
368.13
44.99
12.97
1134.31
1.54
322.31
44.99
14.31
1134.25
1.54
313.39
¥12.59
2.38
2.71
¥0.01
¥54.74
Total ..........................................................................................................
1570.86
1516.25
1508.61
¥62.25
As discussed in the section below, the
state’s maintenance plan submission
expressly documents that the area’s
emission levels will remain below the
attainment year emission levels through
2030.
d. Monitoring Network
Ohio operates eight PM2.5 monitors in
the Cleveland, Ohio area. Ohio’s
maintenance plan includes a
commitment to continue to operate an
adequate EPA-approved monitoring
network to demonstrate ongoing
compliance with the NAAQS.
e. Verification of Continued Attainment
Ohio remains obligated to continue to
quality-assure monitoring data and enter
all data into the Air Quality System in
accordance with Federal guidelines.
Ohio will use these data, supplemented
with additional information as
necessary, to assure that the area
continues to attain the standard. Ohio
will also continue to develop and
submit periodic emission inventories as
required by the Federal Consolidated
Emissions Reporting Rule (67 FR 39602,
June 10, 2002) to track future levels of
emissions. Both of these actions will
help to verify continued attainment in
accordance with 40 CFR part 58.
f. Contingency Plan
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2022
Interim
The contingency plan provisions are
designed to promptly correct or prevent
a violation of the NAAQS that might
occur after redesignation of an area to
attainment. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to assure that the
state will promptly correct a violation of
the NAAQS that occurs after
redesignation. The maintenance plan
should identify the contingency
measures to be adopted, a schedule and
procedure for adoption and
implementation of the contingency
measures, and a time limit for action by
the state. The state should also identify
specific indicators to be used to
determine when the contingency
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measures need to be adopted and
implemented. The maintenance plan
must include a requirement that the
state will implement all pollution
control measures that were contained in
the SIP before redesignation of the area
to attainment. See section 175A(d) of
the CAA.
Ohio’s contingency plan defines a
warning level and action level response.
The warning level response will trigger
when the PM2.5 average of the weighted
annual mean of 12.5 mg/m3 or greater
occurs in a single calendar year within
the maintenance area. A warning level
response will consist of a study to
determine whether the PM2.5 value
indicates a trend toward higher PM2.5
values or whether emissions appear to
be increasing. The action level response
will be prompted whenever a two-year
average of the weighted annual means of
greater than 12.0 mg/m3 occurs within
the maintenance area. A violation of the
standard (three-year average of the
weighted annual means of greater than
12.0 mg/m3) shall also prompt an action
level response. If the action level is
triggered and is not found to be due to
an exceptional event, malfunction, or
noncompliance with a permit condition
or rule requirement, Ohio EPA, in
conjunction with the metropolitan
planning organization or regional
council of governments, will determine
additional control measures needed to
assure future attainment of the NAAQS
for annual PM2.5. Action level measures
that can be implemented in a short time
will be selected to be in place within 18
months from the close of the calendar
year that prompted the action level.
Ohio EPA will also consider the timing
of an action level trigger and determine
if additional, significant new regulations
not currently included as part of the
maintenance provisions will be
implemented in a timely manner and
will constitute our response.
Because it is not possible to determine
what control measures will be
appropriate at an unspecified time in
the future, the list of contingency
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measures outlined below is not
exhaustive.
(1) Diesel reduction emission
strategies.
(2) Alternative fuel (e.g., liquid
propane and compressed natural gas)
and diesel retrofit programs for fleet
vehicle operations.
(3) Tighter PM2.5, SO2, and NOX
emissions offsets for new and modified
major sources.
(4) Impact crushers located at recycle
scrap yards—upgrade wet suppression.
(5) Concrete manufacturing—upgrade
wet suppression.
(6) Additional NOX RACT statewide.
As required by section 175A(b) of the
CAA, Ohio commits to submit to EPA
an updated PM2.5 maintenance plan
eight years after redesignation of the
Cleveland area to cover an additional
ten-year period beyond the initial 10
year maintenance period.
For the reasons set forth above, EPA
is proposing to approve Ohio’s 2012
annual PM2.5 maintenance plan for the
Cleveland area as meeting the
requirements of CAA section 175A.
Ohio further commits to conduct
ongoing review of its data, and if
monitored concentrations or emissions
are trending upward, Ohio commits to
take appropriate steps to avoid a
violation if possible. Ohio commits to
continue implementing SIP
requirements upon and after
redesignation.
EPA finds that Ohio’s approved
contingency measures, as well as the
commitment to continue implementing
any SIP requirements, satisfy the
pertinent requirements of section 175A.
5. Motor Vehicle Emissions Budget
(MVEBs) for PM2.5 and NOX, and Safety
Margin for the Cleveland Area
The maintenance plan submitted by
Ohio for the Cleveland contain new
primary PM2.5 and NOX MVEBs for the
area for the years 2022 and 2030.
MVEBs are the projected levels of
controlled emissions from the
transportation sector (mobile sources)
that are estimated in the SIP to provide
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for maintenance of the ozone standard.
The MVEBs were calculated using
MOVES2014a. Table 8 details Ohio’s
2022 and 2030 MVEBs for the
Cleveland.
TABLE 8—MVEBS FOR THE CLEVELAND 2012 ANNUAL PM2.5 MAINTENANCE PLAN
[tons/year]
Pollutant
2022 MVEB
PM2.5 ........................................................................................................................................................................
NOX ..........................................................................................................................................................................
Ohio included ‘‘safety margins’’ as
provided for in 40 CFR 93.124(a). A
‘‘safety margin’’, as defined in the
transportation conformity rule (40 CFR
part 93 subpart A), is the amount by
which the total projected emissions
from all sources of a given pollutant are
less than the total emissions that would
satisfy the applicable requirement for
reasonable further progress, attainment,
or maintenance. The attainment level of
PM2.5 and NOX emissions for the
406.79
9,432.04
2030 MVEB
270.57
4,907.54
Cleveland is shown in tables 3 and 4.
Tables 9 and 10 show the remaining
safety margin for the Cleveland area
following the allocation to the PM2.5 and
NOX MVEBs.
TABLE 9—2022 SAFETY MARGIN FOR CLEVELAND 2012 ANNUAL PM2.5 MAINTENANCE PLAN
[tons/year]
2022 Safety
margin
Pollutant
PM2.5 ............................................................................................................................................
NOX ..............................................................................................................................................
308.51
8924.78
Safety margin
allocated to
2022 MVEB
Safety margin
remaining
53.06
1230.27
255.45
7694.51
TABLE 10—2030 SAFETY MARGIN FOR CLEVELAND 2012 ANNUAL PM2.5 MAINTENANCE PLAN
[tons/year]
2030 Safety
margin
Pollutant
PM2.5 ............................................................................................................................................
NOX ..............................................................................................................................................
The 2022 and 2030 projected
emissions, even with this allocation,
will be below the 2016 attainment year
emissions for both PM2.5 and NOX. For
this reason, EPA finds that the
allocation of the safety margin to the
MVEBs for the Cleveland area meet the
requirements of the transportation
conformity regulations at 40 CFR part
93, and are approvable. Once allocated
to mobile sources, these portions of the
safety margins will not be available for
use by other sources.
amozie on DSK3GDR082PROD with PROPOSALS1
V. What are the effects of EPA’s
actions?
EPA is proposing to change the
official designation of the Cleveland,
Ohio area for the 2012 annual PM2.5
NAAQS, found at 40 CFR part 81, from
nonattainment to attainment. EPA is
proposing to determine that the
Cleveland area has attained the 2012
annual PM2.5 standard, based on the
most recent three years of certified air
quality data. This action also proposes
to approve the maintenance plan for the
2012 annual PM2.5 NAAQS as revisions
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to the Ohio SIP for the Cleveland area.
Finally, EPA finds adequate and is
proposing to approve 2022 and 2030
primary PM2.5 and NOX MVEBs for the
Cleveland area. These MVEBs will be
used in future transportation conformity
analyses for the area.
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,
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Fmt 4702
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480.6
13823.35
Safety margin
allocated to
2030 MVEB
Safety margin
remaining
35.29
640.11
445.31
13183.24
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules
• 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Sulfur oxides.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Table of Contents
I. Written Comments
II. Background
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
Dated: December 6, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018–27746 Filed 12–21–18; 8:45 am]
I. Written Comments
BILLING CODE 6560–50–P
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2018–
0812, at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed 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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R07–OAR–2018–0812; FRL–9988–10–
Region 7]
Approval of State Plans for Designated
Facilities and Pollutants; Kansas;
Sewage Sludge Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
amozie on DSK3GDR082PROD with PROPOSALS1
Department of Health and Environment
(KDHE) certifies that SSI units subject to
sections 111(d) and 129 of the Clean Air
Act (CAA) do not exist within the
jurisdiction of the State of Kansas. The
EPA is accepting the negative
declaration in accordance with the
requirements of the CAA.
DATES: Comments must be received on
or before January 25, 2019.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2018–0812, to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Larry Gonzalez, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7041;
email address gonzalez.larry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
The Environmental Protection
Agency (EPA) is proposing to accept the
negative declaration submitted by the
State of Kansas, for Sewage Sludge
Incineration (SSI) units. This negative
declaration submitted by the Kansas
SUMMARY:
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66209
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. Background
The CAA requires that state regulatory
agencies implement emission guidelines
and associated compliance times using
a state plan developed under sections
111(d) and 129 of the CAA.
The general provisions for the
submittal and approval of state plans are
codified in 40 Code of Federal
Regulations (CFR) part 60, subpart B
and 40 CFR part 62, subpart A. Section
111(d) establishes general requirements
and procedures on state plan submittals
for the control of designated pollutants.
Section 129 requires emission
guidelines to be promulgated for all
categories of solid waste incineration
units, including SSI units. SSI units are
defined at 40 CFR part 60.5250 as ‘‘an
incineration unit combusting sewage
sludge for the purpose of reducing the
volume of the sewage sludge by
removing combustible matter. Sewage
sludge incineration unit designs include
fluidized bed and multiple hearth. An
SSI unit also includes, but is not limited
to, the sewage sludge feed system,
auxiliary fuel feed system, grate system,
flue gas system, waste heat recovery
equipment, if any, and bottom ash
system. The SSI unit includes all ash
handling systems connected to the
bottom ash handling system. The
combustion unit bottom ash system
ends at the truck loading station or
similar equipment that transfers the ash
to final disposal. The SSI unit does not
include air pollution control equipment
or the stack.’’
Section 129 mandates that all plan
requirements be at least as protective as
the promulgated emission guidelines.
This includes fixed final compliance
dates, fixed compliance schedules, and
Title V permitting requirements for all
affected sources. Section 129 also
requires that state plans be submitted to
EPA within one year after EPA’s
promulgation of the emission guidelines
and compliance times.
States have options other than
submitting a state plan in order to fulfill
their obligations under CAA sections
111(d) and 129. If a state does not have
any existing SSI units for the relevant
emission guidelines, a letter can be
submitted certifying that no such units
exist within the state (i.e., negative
declaration) in lieu of a state plan, in
accordance with 40 CFR 60.5010. The
negative declaration exempts the state
from the requirements of subpart B that
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Agencies
[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Proposed Rules]
[Pages 66200-66209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27746]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2018-0572; FRL-9988-22-Region 5]
Air Plan Approval; Ohio; Redesignation of the Cleveland Area to
Attainment of the 2012 Annual Standard for Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On July 24, 2018, the Ohio Environmental Protection Agency
(Ohio) submitted a request for the Environmental Protection Agency
(EPA) to redesignate the Cleveland area to attainment of the 2012
annual national ambient air quality standards (NAAQS or standards) for
fine particulate matter (PM2.5) under the Clean Air Act
(CAA). EPA is proposing to grant Ohio's request. EPA is proposing to
determine that the Cleveland area has attained the 2012 annual
PM2.5 standard, based on the most recent three years of
certified air quality data. EPA is proposing to approve a revision to
the Ohio state implementation plan (SIP) that the Cleveland area meets
the requirements for redesignation under the CAA and for the state's
maintenance plan for the 2012 annual PM2.5 NAAQS through
2030. Ohio's maintenance plan submission includes motor vehicle
emission budgets (MVEBs) for the mobile source contribution of
PM2.5 and nitrogen oxides (NOX) to the Cleveland
area for transportation conformity purposes; EPA is proposing to
approve the MVEBs for 2022 and 2030 into the Ohio SIP. EPA is taking
these actions in accordance with the CAA and EPA's implementation
regulations regarding the 2012 annual PM2.5 NAAQS.
DATES: Comments must be received on or before January 25, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0572 at https://www.regulations.gov, or via email to
blakley.pamela@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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, leslie.michael@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 actions are EPA taking?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of the state's request?
1. Attainment Determination (Section 107(d)(3)(E)(i))
2. Section 110 and Part D Requirements, and Approval SIP under
Section 110(k) (Section 107(d)(3)(E)(ii) and (v))
3. Permanent and Enforceable Reductions in Emissions (Section
107(d)(3)(E)(iii))
4. Maintenance Plan Pursuant to Section 175A of the CAA (Section
107(d)(3)(E)(iv))
5. Motor Vehicle Emissions Budget (MVEBs) for PM2.5
and NOX, and Safety Margin for the Cleveland Area
V. What are the effects of EPA's actions?
VI. Statutory and Executive Order Reviews
I. What actions are EPA taking?
EPA is taking several actions related to the redesignation of the
Cleveland area to attainment of the 2012 annual PM2.5 NAAQS.
EPA is proposing that the Cleveland moderate nonattainment area is
attaining the 2012 annual PM2.5 NAAQS. EPA is proposing to
approve Ohio's 2012 annual PM2.5 maintenance plan for the
Cleveland area as a revision to the Ohio SIP.
EPA is proposing to find that Ohio meets the requirements for
redesignation of the Cleveland area to attainment of the 2012 annual
PM2.5 NAAQS under section 107(d)(3)(E) of the CAA. EPA is
thus proposing to grant Ohio's request to change the designation of the
Cleveland area from nonattainment to attainment of the 2012 annual
PM2.5 NAAQS. EPA's analysis of these actions are discussed
in Section IV of today's rulemaking.
II. What is the background for these actions?
On December 14, 2012, EPA promulgated a revised primary annual
PM2.5 NAAQS to provide increased protection of public health
from fine particle pollution (78 FR 3086; January 15, 2013). In that
action, EPA strengthened the primary annual PM2.5 standard
from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\,
which is attained when the 3-year average of the annual arithmetic
means does not exceed 12.0 [mu]g/m\3\. On December 18, 2014, the EPA
Administrator signed a final action promulgating initial designations
for the 2012 primary PM2.5 NAAQS based on 2011-2013 air
quality monitoring data for the majority of the United States. The
Cleveland nonattainment area is in northeastern Ohio and includes
Cuyahoga and Lorain counties. Ohio's main PM2.5 components
are primary particles (organic particles, crustal material, and
elemental carbon) and NOX, which were included in the
attainment demonstration analysis. Volatile organic compounds (VOCs),
sulfur dioxide (SO2) and ammonia (NH3) were
determined to be insignificant for attainment and New Source Review
(NSR) purposes (83 FR 45193), based on a concentration-based
contribution analysis and a sensitivity-based analysis conducted in
accordance with the
[[Page 66201]]
August 26, 2016 Implementation Rule (81 FR 58010).
III. What are the criteria for redesignation to attainment?
The CAA sets forth criteria for redesignating a nonattainment area
to attainment. Specifically, section 107(d)(3)(E) of the CAA allows for
redesignation provided that: (1) The Administrator determines that the
area has attained the applicable NAAQS based on current air quality
data; (2) the Administrator has fully approved an applicable SIP 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 emission reductions resulting from implementation of the
applicable SIP, Federal air pollution control regulations, or other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area 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 purposes
of redesignation under section 110 and part D of the CAA.
IV. What is EPA's analysis of the state's request?
EPA is proposing to redesignate the Cleveland area to attainment of
the 2012 annual PM2.5 NAAQS and to approve Ohio's
maintenance plan. The basis for EPA's action are as follows:
1. Attainment Determination (Section 107(d)(3)(E)(i))
To redesignate an area from nonattainment to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). For PM2.5, an area is
attaining the 2012 annual PM2.5 NAAQS if it meets the
standard, as determined in accordance with 40 CFR 50.13 and appendix N
of part 50, based on three complete, consecutive calendar years of
quality-assured air quality monitoring data. To attain the 2012 annual
PM2.5 NAAQS, the 3-year average of the annual arithmetic
mean concentration, as determined in accordance with 40 CFR part 50,
appendix N, must be less than or equal to 12.0 [micro]g/m\3\ at all
relevant monitoring sites in the subject area over a 3-year period. The
relevant data must be collected and quality-assured in accordance with
40 CFR part 58 and recorded in the EPA Air Quality System (AQS)
database. The monitors generally should have remained at the same
location for the duration of the monitoring period required for
demonstrating attainment.
EPA reviewed the certified, quality assured/quality controlled
PM2.5 monitoring data from the Cleveland area for the 2012
annual PM2.5 NAAQS from 2015-2017 and determined that the
design value for the area is less than the standard of 12.0 [mu]g/m\3\
for that period. The PM2.5 design values for monitors with
complete data are summarized in Table 1:
Table 1--Monitoring Data for the Cleveland Area for 2015-2017
[2012 annual PM2.5 standard ([mu]g/m\3\)]
----------------------------------------------------------------------------------------------------------------
Year Average
----------------------------------------------------------------------------------------------------------------
Site County 2015 2016 2017 2015-2017
----------------------------------------------------------------------------------------------------------------
39-035-0034................... Cuyahoga........ 9.2 7.8 7.8 8.2
39-035-0038................... ................ 11.8 10.0 9.9 10.6
39-035-0045................... ................ 11.0 9.4 9.7 10.1
39-035-0060................... ................ * 11.7 9.6 9.7 10.0
39-035-0065................... ................ 13.3 10.7 11.2 11.7
39-035-0073................... ................ (**) (**) 7.3
39-035-1002................... ................ 9.1 7.8 8.1 8.3
39-093-3002................... Lorain.......... 8.2 7.0 7.6 7.6
----------------------------------------------------------------------------------------------------------------
* Data completeness requirements met by substituting data from a secondary monitor resulting in a valid design
value.
** New monitor started April 1, 2017.
EPA is proposing to determine that the Cleveland area is attaining
the 2012 annual PM2.5 NAAQS. This proposed determination is
based upon complete, quality-assured, and certified ambient air
monitoring data for the 2015-2017 monitoring period that show the area
has monitored attainment of 2012 annual PM2.5 NAAQS.
Pursuant to section 179(c) of the CAA, EPA is also proposing to
determine that, based on air quality monitoring data for 2015-2017, the
Cleveland area is attaining the 2012 annual PM2.5 NAAQS. EPA
assessed whether the Cleveland area has attained the 2012 annual
PM2.5 NAAQS, based on the most recent three years of
complete, certified and quality-assured data, and whether the Cleveland
area attained the 2012 annual PM2.5 NAAQS by the applicable
attainment date of December 31, 2021, based on monitored data from
2015-2017. Under EPA's regulations at 40 CFR 50.7, the annual primary
and secondary PM2.5 standards are met when the annual
arithmetic mean concentration, as determined in accordance with 40 CFR
part 50, appendix N, is less than or equal to 12.0 mg/m\3\ at all
relevant monitoring sites in the area.
EPA has reviewed the ambient air quality monitoring data in the
Cleveland area, consistent with the requirements contained at 40 CFR
part 50. EPA's review focused on data recorded in the EPA AQS database,
for the Cleveland area for PM2.5 nonattainment area from
2015 to 2017. EPA also considered preliminary data for 2018, which have
not been certified, but which are consistent with the area's continued
attainment.
All monitors in the Cleveland area recorded complete data in
accordance with criteria set forth by EPA in 40 CFR part 50, appendix
N, where a complete year of air quality data comprises four calendar
quarters, with each quarter containing data from at least 75 percent
(%) capture of the scheduled sampling days. Available data are
sufficient for comparison to the NAAQS if three consecutive complete
years of data exist.
2. Section 110 and Part D Requirements, and Approval SIP Under Section
110(k) (Section 107(d)(3)(E)(ii) and (v))
EPA has determined that Ohio has met all currently applicable SIP
requirements for purposes of redesignation for the Cleveland area under
section 110 of the CAA (general SIP requirements), and Part D planning
requirements. Ohio's 2016 emissions inventory was approved as meeting
the
[[Page 66202]]
section 172(c)(3) comprehensive emissions inventory requirement on
September 6, 2018 (83 FR 45193). Ohio's reasonably available control
technology (RACT)/reasonable available control measure (RACM) analysis
was submitted as part of the October 14, 2016 attainment demonstration.
In its RACT/RACM analysis, Ohio found that existing measures for
PM2.5, and NOX for area sources, mobile sources
and stationary sources constitute RACT/RACM, and Ohio found that no new
additional measures or controls are economically or technically
feasible. Ohio's attainment demonstration also included a demonstration
that the PM2.5 precursors VOC, SO2 and
NH3 are insignificant for the purpose of attainment planning
(including RACT/RACM). Ohio's RACT/RACM analysis was approved on
September 6, 2018 (83 FR 45193).
The reasonable further progress (RFP) as required under section
172(c)(2) is defined as progress that must be made toward attainment.
This requirement is not relevant for purposes of redesignation because
the Cleveland area has monitored attainment of the 2012 annual
PM2.5 NAAQS. (``General Preamble for the Interpretation of
Title I of the CAA Amendments of 1990''; (57 FR 13498, 13564, April 16,
1992)).
Thus, we are determining that the Ohio submittal meets all SIP
requirements currently applicable for purposes of redesignation under
part D of title I of the CAA, in accordance with sections
107(d)(3)(E)(ii) and 107(d)(3)(E)(v).
In making these determinations, we have ascertained which SIP
requirements are applicable for the purposes of the redesignation, and
concluded that the Ohio SIP includes measures meeting those
requirements and that they are fully approved under section 110(k) of
the CAA.
a. Ohio Has Met All Applicable Requirements for Purposes of
Redesignation of the Cleveland Area Under Section 110 and Part D of the
CAA
i. Section 110 General SIP Requirements
Section 110(a) of title I of the CAA contains the general
requirements for a SIP. Section 110(a)(2) provides that the
implementation plan submitted by a state must have been adopted by the
state after reasonable public notice and hearing, and, among other
things, must include enforceable emission limitations and other control
measures, means or techniques necessary to meet the requirements of the
CAA; provide for establishment and operation of appropriate devices,
methods, systems, and procedures necessary to monitor ambient air
quality; provide for implementation of a source permit program to
regulate the modification and construction of any stationary source
within the areas covered by the plan; include provisions for the
implementation of part C, Prevention of Significant Deterioration (PSD)
and part D, New Source Review (NSR) permit programs; include criteria
for stationary source emission control measures, monitoring, and
reporting; include provisions for air quality modeling; and provide for
public and local agency participation in planning and emission control
rule development. Section 110(a)(2)(D) of the CAA requires that SIPs
contain measures to prevent sources in a state from significantly
contributing to air quality problems in another state.
EPA interprets the ``applicable'' requirements for an area's
redesignation to be those requirements linked with that area's
nonattainment designation. Therefore, we believe that the section 110
elements described above that are not connected with nonattainment plan
submissions and not linked with an area's attainment status, such as
the ``infrastructure SIP'' elements of section 110(a)(2), are not
applicable requirements for purposes of the redesignation. A state
remains subject to these requirements after an area is redesignated to
attainment, and thus EPA does not interpret such requirements to be
relevant applicable requirements to evaluate in a redesignation. For
example, the requirement to submit state plans addressing interstate
transport obligations under section 110(a)(2)(D)(i)(I) continue to
apply to a state regardless of the designation of any particular area
in the state, and thus are not applicable requirements to be evaluated
in the redesignation context.
EPA has applied this interpretation consistently in many
redesignations for decades. See e.g., 81 FR 44210 (July 7, 2016) (final
redesignation for the Sullivan County, Tennessee area); 79 FR 43655
(July 28, 2014) (final redesignation for Bellefontaine, Ohio lead
nonattainment area); 61 FR 53174-53176 (October 10, 1996) and 62 FR
24826 (May 7, 1997) (proposed and final redesignation for Reading,
Pennsylvania ozone nonattainment area); 61 FR 20458 (May 7, 1996)
(final redesignation for Cleveland-Akron-Lorain, Ohio ozone
nonattainment area); and 60 FR 62748 (December 7, 1995) (final
redesignation of Tampa, Florida ozone nonattainment area). See also 65
FR 37879, 37890 (June 19, 2000) (discussing this issue in final
redesignation of Cincinnati, Ohio 1-hour ozone nonattainment area); and
66 FR 50399 (October 19, 2001) (final redesignation of Pittsburgh,
Pennsylvania 1-hour ozone nonattainment area).
We have reviewed the Ohio SIP and determined that it meets the
general SIP requirements under section 110 of the CAA to the extent
they are applicable for purposes of redesignation. EPA has previously
approved provisions of Ohio's SIP addressing section 110 requirements,
at 40 CFR 52.1870.
On December 4, 2015, Ohio made a submittal which addressed the
``infrastructure SIP'' elements of the 2012 annual PM2.5
NAAQS required under CAA section 110(a)(2). EPA approved the 2012
annual PM2.5 infrastructure SIPs on February 2, 2018 (83 FR
4845), however, as noted above, the requirements of section 110(a)(2)
are statewide requirements that are not linked to the PM2.5
nonattainment status of the Cleveland area. Therefore, these SIP
elements are not applicable requirements for purposes of review of the
state's 2012 annual PM2.5 redesignation request.
ii. Part D Requirements
EPA has determined that with the approval of the base year
emissions inventory and RACM provisions as discussed in rulemaking
dated September 6, 2018, the Ohio SIP has met the requirements
applicable for purposes of redesignation under part D of the CAA for
the Cleveland 2012 annual PM2.5 nonattainment area. Subpart
1 of part D sets forth the general nonattainment requirements
applicable to all nonattainment areas.
(1) Section 172 Requirements
Section 172(c) sets out general nonattainment plan requirements. A
thorough discussion of these requirements can be found in the General
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992)
(``General Preamble''). EPA's longstanding interpretation of the
nonattainment planning requirements of section 172 is that once an area
is attaining the NAAQS, those requirements are not ``applicable'' for
purposes of CAA section 107(d)(3)(E)(ii) and therefore need not be
approved into the SIP before EPA can redesignate the area. In the
General Preamble, EPA set forth its interpretation of applicable
requirements for purposes of evaluating redesignation requests when an
area is attaining a standard. See 57 FR 13564. EPA noted that the
requirements for reasonable further progress and other
[[Page 66203]]
measures designed to provide for an area's attainment do not apply in
evaluating redesignation requests because those nonattainment planning
requirements ``have no meaning'' for an area that has already attained
the standard. Id. This interpretation was also set forth in the
Calcagni Memorandum.\1\
---------------------------------------------------------------------------
\1\ September 4, 1992 Memorandum from John Calcagni, Director,
Air Quality Management Division (EPA), entitled, ``Procedures for
Processing Requests to Redesignate Areas to Attainment.''
---------------------------------------------------------------------------
EPA's long-standing interpretation regarding the applicability of
section 172(c)'s attainment planning requirements for an area that is
attaining a NAAQS applies in this redesignation of the Cleveland 2012
annual PM2.5 nonattainment area as well, except for the
applicability of the requirement to implement all RACM under section
172(c)(1). On July 14, 2015, the United States Court of Appeals for the
Sixth Circuit (6th Circuit) ruled that, to meet the requirement of
section 107(d)(3)(E)(ii), states are required to submit plans
addressing RACM/RACT under section 172(c)(1) and EPA is required to
approve those plans prior to redesignating the area, regardless of
whether the area is attaining the standard. Sierra Club v. EPA, 793
F.3d 656 (6th Cir. 2015). Because Ohio is within the jurisdiction of
the 6th Circuit, EPA is acting in accordance with the Sierra Club
decision in this redesignation action.\2\ However, in this case, this
issue is moot because EPA has already concluded that Ohio has met RACT/
RACM requirements for PM2.5 in action published September 6,
2018 (83 FR 45193).
---------------------------------------------------------------------------
\2\ Although the approach being implemented here is inconsistent
with the Agency's longstanding national policy, such deviation is
required in order to act in accordance with a Circuit Court
decision. Consistent with 40 CFR 56.5(b), the Region does not need
to seek concurrence from EPA Headquarters for such deviation in
these circumstances. See also 81 FR 51102 (August 3, 2016).
---------------------------------------------------------------------------
Section 172(c)(1) requires the plans for all nonattainment areas to
provide for the implementation of all RACM as expeditiously as
practicable and to provide for attainment of the primary NAAQS. Under
this requirement, a state must consider all available control measures,
including reductions that are available from adopting RACT on existing
sources, for a nonattainment area and adopt and implement such measures
as are reasonably available in the area as components of the area's
attainment demonstration. As discussed above, EPA approved Ohio's RACM
submission on September 6, 2018 (83 FR 45193). Therefore, Ohio has met
its requirements under CAA section 172(c)(1) and section
107(d)(3)(E)(v).
As noted above, the remaining section 172(c) ``attainment
planning'' requirements are not applicable for purposes of evaluating
the state's redesignation request. Specifically, the RFP requirement
under section 172(c)(2), which is defined as progress that must be made
toward attainment, the requirement to submit section 172(c)(9)
contingency measures, which are measures to be taken if the area fails
to make reasonable further progress to attainment, and section
172(c)(6)'s requirement that the SIP contain control measures necessary
to provide for attainment of the standard, are not applicable
requirements that Ohio must meet here because the Cleveland area has
monitored attainment of the 2012 annual PM2.5 NAAQS.
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. Ohio
submitted a 2011 base year emissions inventory as part of their
PM2.5 attainment Demonstration on October 14, 2016, and
requested that the 2011 inventories be used as the most accurate and
current inventory. Ohio's 2011 emissions inventory was approved as
meeting the section 172(c)(3) comprehensive emissions inventory
requirement on September 6, 2018 (83 FR 45193). 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) and 189(a)(1)(A) requires source permits for the construction
and operation of new and modified major stationary sources anywhere in
the nonattainment area. EPA approved Ohio's current NSR program for
PM2.5 on June 25, 2015 (80 FR 36477). In addition, the
state's maintenance plan does not rely on nonattainment NSR, therefore
having a fully approved NSR program is not an applicable requirement;
nonetheless, we have approved the state's program.\3\
---------------------------------------------------------------------------
\3\ A 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.''
---------------------------------------------------------------------------
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we find that the Ohio
SIP meets the section 110(a)(2) applicable requirements for purposes of
redesignation.
(2) Section 176 Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally-supported or funded activities,
including highway and transit projects, conform to the air quality
planning goals in the applicable SIPs. The requirement to determine
conformity applies to transportation plans, programs and projects
developed, funded or approved under title 23 of the U.S. Code and the
Federal Transit Act (transportation conformity) as well as to all other
federally-supported or funded projects (general conformity). See 73 FR
66964, 67043 n.120. EPA approved Ohio's transportation conformity SIP
on March 2, 2015 (80 FR 11133) and the general conformity SIP on May
26, 2015 (80 FR 29968).
b. Ohio Has a Fully Approved Applicable SIP Under Section 110(k) of the
CAA
EPA has fully approved the Ohio SIP for the Cleveland area under
section 110(k) of the CAA for all requirements applicable for purposes
of redesignation, in accordance with section 107(d)(3)(E)(ii). EPA may
rely on prior SIP approvals in approving a redesignation request. See
Calcagni Memorandum at 3); Southwestern Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d
426 (6th Cir. 2001). EPA also relies on measures approved in
conjunction with a redesignation action. See, e.g., 68 FR 25413 (May
12, 2003) (approving I/M program for St. Louis) and 68 FR 25426 (May
12, 2003) (approving redesignation relying in part on I/M program
approval). As discussed in the prior section, Ohio has adopted and
submitted (and EPA has fully approved) a number of required SIP
provisions addressing the 2012 annual PM2.5 standards.
EPA has approved Ohio's 2011 emissions inventories for the
Cleveland area as meeting the requirement of section 172(c)(3) of the
CAA, and approved RACM provisions meeting the requirement of 172(c)(1).
No Cleveland area SIP provisions are currently disapproved,
conditionally approved, or partially approved. Therefore, the
Administrator has fully approved the applicable requirements for the
Cleveland area under section 110(k) in accordance with section
107(d)(3)(E)(ii).
3. Permanent and Enforceable Reductions in Emissions (Section
107(d)(3)(E)(iii))
EPA finds that Ohio has demonstrated that the observed air quality
improvement in the Cleveland area is due to permanent and enforceable
reductions from Federal measures. In making this demonstration, Ohio
has calculated the change in emissions
[[Page 66204]]
between 2011, one of the years the Cleveland area was monitoring
nonattainment, and 2016, one of the years the Cleveland area monitored
attainment. 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 Cleveland and
contributing areas have implemented in recent years.
a. Permanent and Enforceable Controls Implemented
The following is a discussion of permanent and enforceable measures
that have been implemented in the area:
i. Federal Emission Control Measures
Reductions in directly emitted fine particles and fine particle
precursor emissions have occurred statewide and in upwind areas because
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. These emission control requirements result in lower
NOX and SO2 emissions from new cars and light
duty trucks, including sport utility vehicles. The Federal rules were
phased in between 2004 and 2009. EPA has estimated that, by the end of
the phase-in period, new vehicles will emit less NOX with
the following percentage decreases: Passenger cars (light duty
vehicles)--77%; light duty trucks, minivans and sports utility
vehicles--86%; and, larger sports utility vehicles, vans and heavier
trucks--69% to 95%. EPA expects fleet-wide average emissions to decline
by similar percentages as new vehicles replace older vehicles. The Tier
2 standards also reduced the sulfur content of gasoline to 30 parts per
million (ppm) beginning in January 2006, reducing both directly emitted
sulfates and the precursor SO2. Most gasoline sold in Ohio
prior to January 2006 had a sulfur content of about 500 ppm.
Heavy-Duty Diesel Engine Rule. EPA issued this rule in July 2000.
This rule includes standards limiting the sulfur content of diesel
fuel, which went into effect in 2004. A second phase took effect in
2007 which reduced fine particle emissions from heavy-duty highway
engines and further reduced the highway diesel fuel sulfur content to
15 ppm. The total program is estimated to achieve a 90% reduction in
direct PM2.5 emissions and a 95% reduction in NOX
emissions for these new engines using low sulfur diesel, compared to
existing engines using higher sulfur content diesel. The reduction in
fuel sulfur content also yielded an immediate reduction in sulfate
particle emissions from all diesel vehicles.
Nonroad Diesel Rule. In May 2004, EPA promulgated a new rule for
large nonroad diesel engines, such as those used in construction,
agriculture and mining equipment, to be phased in between 2008 and
2014. The rule also reduces the sulfur content in nonroad diesel fuel
by over 99%. Prior to 2006, nonroad diesel fuel averaged approximately
3,400 ppm sulfur. This rule limited nonroad diesel sulfur content to
500 ppm by 2006, with a further reduction to 15 ppm by 2010. The
combined engine and fuel rules will reduce NOX and
PM2.5 emissions from large nonroad diesel engines by over
90%, compared to current nonroad engines using higher sulfur content
diesel. It is estimated that compliance with this rule will cut
NOX emissions from nonroad diesel engines by up to 90%. This
rule achieved some emission reductions by 2008, and was fully
implemented by 2010. The reduction in fuel sulfur content also yielded
an immediate reduction in sulfate particle emissions from all diesel
vehicles.
Nonroad Large Spark-Ignition Engine and Recreational Engine
Standards. In November 2002, EPA promulgated emission standards for
groups of previously unregulated nonroad engines. These engines include
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles using spark-
ignition engines such as off-highway motorcycles, all-terrain vehicles
and snowmobiles; and recreational marine diesel engines. Emission
standards from large spark-ignition engines were implemented in two
tiers, with Tier 1 starting in 2004 and Tier 2 in 2007. Recreational
vehicle emission standards are being phased in from 2006 through 2012.
Marine diesel engine standards were phased in from 2006 through 2009.
With full implementation of the entire nonroad spark-ignition engine
and recreational engine standards, an 80% reduction in NOX
is expected by 2020. Most of these emission reductions occurred by the
2015-2017 period used to demonstrate attainment, but additional
emission reductions will occur during the maintenance period.
ii. Control Measures in Contributing Areas
NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP Call requiring the District of Columbia and 22
states to reduce emissions of NOX. Affected states were
required to comply with Phase I of the SIP Call beginning in 2004, and
Phase II beginning in 2007. Emission reductions resulting from
regulations developed in response to the NOX SIP Call are
permanent and enforceable.
Clean Air Interstate Rule (CAIR). On March 10, 2004, EPA
promulgated the CAIR. The CAIR rule required Electric Generating Units
(EGUs) in 28 eastern states and the District of Columbia to
significantly reduce emissions of NOX and SO2. On
July 6, 2011, EPA finalized Cross-State Air Pollution Rule (CSAPR) as a
replacement for CAIR. CSAPR became effective on January 1, 2015, for
SO2 and annual NOX, and May 1, 2015, for ozone
season NOX. EPA estimated CSAPR will reduce EGU
SO2 emissions by 73% and NOX emissions by 54%
from 2005 levels in the CSAPR region, which includes Ohio. Between 2011
and 2015, in Ohio alone, annual NOX EGU emissions decreased
from 103,592 tons per year (TPY) to 67,059 TPY and SO2 EGU
emissions decreased from 575,474 TPY to 177,257 TPY.
On September 7, 2016, EPA promulgated an update to CSAPR that will
bring even greater reductions in NOX emissions. EPA
estimated that the CSAPR update and other changes already underway in
the power sector will cut ozone season NOX emissions from
power plants in the eastern United States by 20%, resulting in a
reduction of 80,000 tons in 2017 compared to 2015 levels.
Several facilities in the Cleveland have reduced PM2.5
and precursor emissions, and Ohio has made the reductions permanent and
enforceable. Cleveland Electric Illuminating Co., Lake Shore Plant in
Cuyahoga County, permanently shut down December 17, 2015. The Medical
Center in Cuyahoga County converted to natural gas by January 13, 2017,
shuttering its two coal-fired boilers (B003 and B004) and replacing
them with a natural gas boiler (B023) with a federally-enforceable
SO2 limit of 1.18 TPY. Cleveland Thermal LLC in Cuyahoga
County retired all coal-fired and oil-fired boilers by January 31,
2017, except two oil-fired boilers retained for auxiliary use. The Avon
Lake Power Plant in Lorain County accepted a federally enforceable
combined emissions limitation on all SO2 emitting sources at
the facility at 9,600 lbs/hr, effective beginning January 13, 2017, to
satisfy the 1-hour SO2 standard. Oberlin College in Lorain
County shut down coal fired boilers on April 22, 2014. These emissions
reductions are detailed in Table 2.
[[Page 66205]]
Table 2--2011 and 2016 Emissions Totals for the Cleveland 2012 annual PM2.5 NAAQS
[Tons/year]
----------------------------------------------------------------------------------------------------------------
Pollutant 2011 2016 Difference
----------------------------------------------------------------------------------------------------------------
PM2.5........................................................... 5843.68 4989.39 -854.29
NOX............................................................. 46892.19 35414.24 -11477.95
SO2............................................................. 39406.99 14724.02 -24682.97
VOC............................................................. 33402.70 26968.63 -6434.07
NH3............................................................. 1606.26 1570.86 -35.4
----------------------------------------------------------------------------------------------------------------
4. Maintenance Plan Pursuant to Section 175A of the CAA (Section
107(d)(3)(E)(iv))
In conjunction with Ohio's request to redesignate the Cleveland
nonattainment area to attainment status, Ohio has submitted a SIP
revision to provide for maintenance of the 2012 annual PM2.5
NAAQS in the area through 2030.
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after EPA
approves a redesignation to attainment. Eight years after
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for ten
years following the initial 10-year maintenance period. To address the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures with a schedule for implementation as EPA
deems necessary to assure prompt correction of any future
PM2.5 NAAQS violations.
The Calcagni memorandum provides additional guidance on the content
of a maintenance plan. The memorandum states that a maintenance plan
should address the following items: The attainment emissions inventory,
a maintenance demonstration showing maintenance for the 10 years of the
maintenance period, a commitment to maintain the existing monitoring
network, factors and procedures to be used for verification of
continued attainment of the NAAQS, and a contingency plan to prevent or
correct future violations of the NAAQS.
As discussed in detail in the section below, the state's
maintenance plan submission expressly documents that the area's
emissions inventory and modeling show that the area will remain below
the attainment year inventories through 2030, more than ten years after
redesignation.
b. Attainment Inventory
Ohio developed an emissions inventory for annual PM2.5
emissions for 2016, one of the years in the period during which the
Cleveland area monitored attainment of the 2012 annual PM2.5
NAAQS. The attainment levels of emissions are summarized in Tables 3
through 7, along with future maintenance projections.
c. Demonstration of Maintenance
As discussed above, EPA has determined that the Cleveland area
attained the 2012 annual PM2.5 NAAQS based on monitoring
data for the 3-year period from 2015-2017. In its maintenance plan,
Ohio selected 2016 as the attainment emission inventory year. The
attainment inventory identifies the level of emissions in the Cleveland
area that is sufficient to attain the 2012 annual PM2.5
NAAQS. Ohio began development of the attainment inventory by first
generating a baseline emissions inventory for the Cleveland area. The
year 2011 was chosen as the base year for developing a comprehensive
emissions inventory for direct PM2.5, NOX,
SO2, VOC, and NH3. The projected inventory
included with the maintenance plan estimates emissions forward to 2022
and 2030, which satisfies the 10-year interval required in section
175(A) of the CAA.
The emissions inventories address four major types of sources:
Point, area, on-road mobile, and non-road mobile. The future year
emissions inventories have been estimated using projected rates of
growth in population, traffic, economic activity, expected control
programs, and other parameters. Non-road mobile emissions estimates
were based on EPA's non-road mobile model, with the exception of the
railroad locomotives, commercial marine, and aircraft. On-road mobile
source emissions were calculated using EPA's MOVES2014a on-road mobile
emission model. The 2016 PM2.5, NOX,
SO2, VOC, and NH3 emissions for Cleveland area,
as well as the emissions for other years, were developed consistent
with EPA guidance.
Section 175A requires a state seeking redesignation to attainment
to submit a SIP revision to provide for the maintenance of the NAAQS in
the area ``for at least 10 years after the redesignation.'' EPA has
interpreted this as a showing of maintenance ``for a period of ten
years following redesignation.'' Calcagni Memorandum, p. 9. Where the
emissions inventory method of showing maintenance is used, the purpose
is to show that emissions during the maintenance period will not
increase over the attainment year inventory. Calcagni Memorandum, pp.
9-10.
As discussed in detail below, Ohio's maintenance plan submission
expressly documents that the Cleveland area's overall emissions
inventories will remain well below the attainment year inventories
through 2030. In addition, for the reasons set forth below, EPA
believes that the Cleveland area will continue to maintain the 2012
annual PM2.5 NAAQS through 2030. Thus, if EPA finalizes its
proposed approval of the redesignation request and maintenance plan,
the approval will be based upon this showing, in accordance with
section 175A, and EPA's analysis described herein, that the Ohio's
maintenance plan provides for maintenance for at least 10 years after
redesignation.
The maintenance plan for the Cleveland 2012 annual PM2.5
area includes a maintenance demonstration that:
(i) Shows compliance with and maintenance of the annual
PM2.5 standard by providing information to support the
demonstration that current and future emissions of PM2.5 and
NOX, as well as other precursors, remain at or below 2016
emissions levels.
(ii) Uses 2016 as the attainment year and includes future emission
inventory projections for 2022 and 2030.
(iii) Identifies an ``out year'' at least 10 years after EPA review
and potential approval of the maintenance plan. Per 40 CFR part 93,
PM2.5, and NOX MVEBs were established for the
last year (2030) of the maintenance plan.
[[Page 66206]]
(iv) Provides, as shown in Tables 3 through 7 below, the estimated
and projected emissions inventories, in tons per year, for the
Cleveland area, for PM2.5, NOX, SO2,
VOC, and NH3.
Table 3--Cleveland, Ohio PM2.5 Emission Inventories
[Tons/year]
----------------------------------------------------------------------------------------------------------------
2016 2030 Difference
Sector Attainment 2022 Interim Maintenance 2016-2030
----------------------------------------------------------------------------------------------------------------
EGU Point....................................... 244.52 244.2 244.06 -0.46
Non-EGU......................................... 959.26 947.74 947.74 -11.52
Non-road........................................ 483.3 404.76 389.63 -93.67
Area............................................ 2618.69 2632.91 2612.65 -6.04
MAR............................................. 109.8 97.54 79.43 -30.37
On-road......................................... 573.82 353.73 235.28 -338.54
---------------------------------------------------------------
Total....................................... 4989.39 4680.88 4508.79 -480.6
----------------------------------------------------------------------------------------------------------------
Table 4--Cleveland, Ohio NOX Emission Inventories
[Tons/year]
----------------------------------------------------------------------------------------------------------------
2016 2030 Difference
Sector Attainment 2022 Interim Maintenance 2016-2030
----------------------------------------------------------------------------------------------------------------
EGU Point....................................... 2094.74 2130.53 2081.42 -13.32
Non-EGU......................................... 3019.4 2472.33 2472.33 -547.07
Non-road........................................ 5302.02 4259.67 3888.48 -1413.54
Area............................................ 5979.36 6033.34 6034.14 54.78
MAR............................................. 3693.28 3391.82 2847.09 -846.19
On-road......................................... 15325.44 8201.77 4267.43 -11058.01
---------------------------------------------------------------
Total....................................... 35414.24 26489.46 21590.89 -13823.35
----------------------------------------------------------------------------------------------------------------
Table 5--Cleveland, Ohio SO2 Emission Inventories
[Tons/year]
----------------------------------------------------------------------------------------------------------------
2016 2030 Difference
Sector Attainment 2022 Interim Maintenance 2016-2030
----------------------------------------------------------------------------------------------------------------
EGU Point....................................... 9022.75 9020.59 9020.59 -2.16
Non-EGU......................................... 5312.54 1411.93 1411.93 -3900.61
Non-road........................................ 9.39 12.63 13.89 4.5
Area............................................ 183.9 200.83 200.92 17.02
MAR............................................. 94.2 118.21 119.03 24.83
On-road......................................... 101.24 88.63 70.59 -30.65
---------------------------------------------------------------
Total....................................... 14724.02 10852.82 10836.95 -3887.07
----------------------------------------------------------------------------------------------------------------
Table 6--Cleveland, Ohio VOC Emission Inventories
[Tons/year]
----------------------------------------------------------------------------------------------------------------
2016 2030 Difference
Sector Attainment 2022 Interim Maintenance 2016-2030
----------------------------------------------------------------------------------------------------------------
EGU Point....................................... 15.74 16.76 15.45 -0.29
Non-EGU......................................... 1354.24 1202.43 1202.43 -151.81
Non-road........................................ 7687.75 6725.32 6625.2 -1062.55
Area............................................ 14994.33 14988.5 14913.02 -81.31
MAR............................................. 325.14 336.16 313.96 -11.18
On-road......................................... 2591.43 1095.4 470.43 -2121
---------------------------------------------------------------
Total....................................... 26968.63 24364.57 23540.49 -3428.14
----------------------------------------------------------------------------------------------------------------
Table 7--Cleveland, Ohio NH3 Emission Inventories
[Tons/year]
----------------------------------------------------------------------------------------------------------------
2016 2030 Difference
Sector Attainment 2022 Interim Maintenance 2016-2030
----------------------------------------------------------------------------------------------------------------
EGU Point....................................... 0.13 0.13 0.13 0
[[Page 66207]]
Non-EGU......................................... 57.58 44.99 44.99 -12.59
Non-road........................................ 11.93 12.97 14.31 2.38
Area............................................ 1131.54 1134.31 1134.25 2.71
MAR............................................. 1.55 1.54 1.54 -0.01
On-road......................................... 368.13 322.31 313.39 -54.74
---------------------------------------------------------------
Total....................................... 1570.86 1516.25 1508.61 -62.25
----------------------------------------------------------------------------------------------------------------
As discussed in the section below, the state's maintenance plan
submission expressly documents that the area's emission levels will
remain below the attainment year emission levels through 2030.
d. Monitoring Network
Ohio operates eight PM2.5 monitors in the Cleveland,
Ohio area. Ohio's maintenance plan includes a commitment to continue to
operate an adequate EPA-approved monitoring network to demonstrate
ongoing compliance with the NAAQS.
e. Verification of Continued Attainment
Ohio remains obligated to continue to quality-assure monitoring
data and enter all data into the Air Quality System in accordance with
Federal guidelines. Ohio will use these data, supplemented with
additional information as necessary, to assure that the area continues
to attain the standard. Ohio will also continue to develop and submit
periodic emission inventories as required by the Federal Consolidated
Emissions Reporting Rule (67 FR 39602, June 10, 2002) to track future
levels of emissions. Both of these actions will help to verify
continued attainment in accordance with 40 CFR part 58.
f. Contingency Plan
The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to assure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all pollution control measures that were contained in the SIP
before redesignation of the area to attainment. See section 175A(d) of
the CAA.
Ohio's contingency plan defines a warning level and action level
response. The warning level response will trigger when the
PM2.5 average of the weighted annual mean of 12.5 [micro]g/
m\3\ or greater occurs in a single calendar year within the maintenance
area. A warning level response will consist of a study to determine
whether the PM2.5 value indicates a trend toward higher
PM2.5 values or whether emissions appear to be increasing.
The action level response will be prompted whenever a two-year average
of the weighted annual means of greater than 12.0 [micro]g/m\3\ occurs
within the maintenance area. A violation of the standard (three-year
average of the weighted annual means of greater than 12.0 [micro]g/
m\3\) shall also prompt an action level response. If the action level
is triggered and is not found to be due to an exceptional event,
malfunction, or noncompliance with a permit condition or rule
requirement, Ohio EPA, in conjunction with the metropolitan planning
organization or regional council of governments, will determine
additional control measures needed to assure future attainment of the
NAAQS for annual PM2.5. Action level measures that can be
implemented in a short time will be selected to be in place within 18
months from the close of the calendar year that prompted the action
level. Ohio EPA will also consider the timing of an action level
trigger and determine if additional, significant new regulations not
currently included as part of the maintenance provisions will be
implemented in a timely manner and will constitute our response.
Because it is not possible to determine what control measures will
be appropriate at an unspecified time in the future, the list of
contingency measures outlined below is not exhaustive.
(1) Diesel reduction emission strategies.
(2) Alternative fuel (e.g., liquid propane and compressed natural
gas) and diesel retrofit programs for fleet vehicle operations.
(3) Tighter PM2.5, SO2, and NOX
emissions offsets for new and modified major sources.
(4) Impact crushers located at recycle scrap yards--upgrade wet
suppression.
(5) Concrete manufacturing--upgrade wet suppression.
(6) Additional NOX RACT statewide.
As required by section 175A(b) of the CAA, Ohio commits to submit
to EPA an updated PM2.5 maintenance plan eight years after
redesignation of the Cleveland area to cover an additional ten-year
period beyond the initial 10 year maintenance period.
For the reasons set forth above, EPA is proposing to approve Ohio's
2012 annual PM2.5 maintenance plan for the Cleveland area as
meeting the requirements of CAA section 175A.
Ohio further commits to conduct ongoing review of its data, and if
monitored concentrations or emissions are trending upward, Ohio commits
to take appropriate steps to avoid a violation if possible. Ohio
commits to continue implementing SIP requirements upon and after
redesignation.
EPA finds that Ohio's approved contingency measures, as well as the
commitment to continue implementing any SIP requirements, satisfy the
pertinent requirements of section 175A.
5. Motor Vehicle Emissions Budget (MVEBs) for PM2.5 and
NOX, and Safety Margin for the Cleveland Area
The maintenance plan submitted by Ohio for the Cleveland contain
new primary PM2.5 and NOX MVEBs for the area for
the years 2022 and 2030. MVEBs are the projected levels of controlled
emissions from the transportation sector (mobile sources) that are
estimated in the SIP to provide
[[Page 66208]]
for maintenance of the ozone standard. The MVEBs were calculated using
MOVES2014a. Table 8 details Ohio's 2022 and 2030 MVEBs for the
Cleveland.
Table 8--MVEBs for the Cleveland 2012 Annual PM Maintenance Plan
[tons/year]
------------------------------------------------------------------------
Pollutant 2022 MVEB 2030 MVEB
------------------------------------------------------------------------
PM2.5................................... 406.79 270.57
NOX..................................... 9,432.04 4,907.54
------------------------------------------------------------------------
Ohio included ``safety margins'' as provided for in 40 CFR
93.124(a). A ``safety margin'', as defined in the transportation
conformity rule (40 CFR part 93 subpart A), is the amount by which the
total projected emissions from all sources of a given pollutant are
less than the total emissions that would satisfy the applicable
requirement for reasonable further progress, attainment, or
maintenance. The attainment level of PM2.5 and
NOX emissions for the Cleveland is shown in tables 3 and 4.
Tables 9 and 10 show the remaining safety margin for the Cleveland area
following the allocation to the PM2.5 and NOX
MVEBs.
Table 9--2022 Safety Margin for Cleveland 2012 annual PM Maintenance Plan
[tons/year]
----------------------------------------------------------------------------------------------------------------
Safety margin
Pollutant 2022 Safety allocated to Safety margin
margin 2022 MVEB remaining
----------------------------------------------------------------------------------------------------------------
PM2.5........................................................... 308.51 53.06 255.45
NOX............................................................. 8924.78 1230.27 7694.51
----------------------------------------------------------------------------------------------------------------
Table 10--2030 Safety Margin for Cleveland 2012 Annual PM Maintenance Plan
[tons/year]
----------------------------------------------------------------------------------------------------------------
Safety margin
Pollutant 2030 Safety allocated to Safety margin
margin 2030 MVEB remaining
----------------------------------------------------------------------------------------------------------------
PM2.5........................................................... 480.6 35.29 445.31
NOX............................................................. 13823.35 640.11 13183.24
----------------------------------------------------------------------------------------------------------------
The 2022 and 2030 projected emissions, even with this allocation,
will be below the 2016 attainment year emissions for both
PM2.5 and NOX. For this reason, EPA finds that
the allocation of the safety margin to the MVEBs for the Cleveland area
meet the requirements of the transportation conformity regulations at
40 CFR part 93, and are approvable. Once allocated to mobile sources,
these portions of the safety margins will not be available for use by
other sources.
V. What are the effects of EPA's actions?
EPA is proposing to change the official designation of the
Cleveland, Ohio area for the 2012 annual PM2.5 NAAQS, found
at 40 CFR part 81, from nonattainment to attainment. EPA is proposing
to determine that the Cleveland area has attained the 2012 annual
PM2.5 standard, based on the most recent three years of
certified air quality data. This action also proposes to approve the
maintenance plan for the 2012 annual PM2.5 NAAQS as
revisions to the Ohio SIP for the Cleveland area. Finally, EPA finds
adequate and is proposing to approve 2022 and 2030 primary
PM2.5 and NOX MVEBs for the Cleveland area. These
MVEBs will be used in future transportation conformity analyses for the
area.
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
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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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: December 6, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-27746 Filed 12-21-18; 8:45 am]
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