Air Plan Approval; Ohio; Redesignation of the Cleveland Area to Attainment of the 2012 Annual Standard for Fine Particulate Matter, 66200-66209 [2018-27746]

Download as PDF 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 amozie on DSK3GDR082PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:37 Dec 21, 2018 Jkt 247001 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 http:// 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 http://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)) PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 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 E:\FR\FM\26DEP1.SGM 26DEP1 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 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 66201 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 amozie on DSK3GDR082PROD with PROPOSALS1 * 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 VerDate Sep<11>2014 17:37 Dec 21, 2018 Jkt 247001 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 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 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 E:\FR\FM\26DEP1.SGM 26DEP1 66202 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 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 amozie on DSK3GDR082PROD with PROPOSALS1 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 VerDate Sep<11>2014 17:37 Dec 21, 2018 Jkt 247001 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 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 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 E:\FR\FM\26DEP1.SGM 26DEP1 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules amozie on DSK3GDR082PROD with PROPOSALS1 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). VerDate Sep<11>2014 17:37 Dec 21, 2018 Jkt 247001 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.’’ PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 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 E:\FR\FM\26DEP1.SGM 26DEP1 66204 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules amozie on DSK3GDR082PROD with PROPOSALS1 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 VerDate Sep<11>2014 17:37 Dec 21, 2018 Jkt 247001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 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. E:\FR\FM\26DEP1.SGM 26DEP1 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 66205 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. amozie on DSK3GDR082PROD with PROPOSALS1 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 VerDate Sep<11>2014 17:37 Dec 21, 2018 Jkt 247001 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, PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 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. E:\FR\FM\26DEP1.SGM 26DEP1 66206 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules (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 amozie on DSK3GDR082PROD with PROPOSALS1 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 ........................................................................................................ VerDate Sep<11>2014 17:37 Dec 21, 2018 Jkt 247001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 2022 Interim 0.13 E:\FR\FM\26DEP1.SGM 0.13 26DEP1 2030 Maintenance 0.13 Difference 2016–2030 0 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 66207 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 amozie on DSK3GDR082PROD with PROPOSALS1 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 VerDate Sep<11>2014 17:37 Dec 21, 2018 Jkt 247001 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 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 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 E:\FR\FM\26DEP1.SGM 26DEP1 66208 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 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 VerDate Sep<11>2014 17:37 Dec 21, 2018 Jkt 247001 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, PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 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); E:\FR\FM\26DEP1.SGM 26DEP1 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: VerDate Sep<11>2014 17:37 Dec 21, 2018 Jkt 247001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 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 E:\FR\FM\26DEP1.SGM 26DEP1

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]


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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.

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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 http://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 http://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);

[[Page 66209]]

     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]
 BILLING CODE 6560-50-P