Air Plan Approval; Ohio; Redesignation of the Columbus, Ohio Area to Attainment of the 2015 Ozone Standard, 31814-31826 [2019-14154]
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Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2019–0239; FRL–9995–66–
Region 5]
Air Plan Approval; Ohio;
Redesignation of the Columbus, Ohio
Area to Attainment of the 2015 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to find that
the Columbus, Ohio area is attaining the
2015 ozone National Ambient Air
Quality Standard (NAAQS or standard)
and to act in accordance with a request
from the Ohio Environmental Protection
Agency (Ohio EPA) to redesignate the
area to attainment for the 2015 ozone
NAAQS because the request meets the
statutory requirements for redesignation
under the Clean Air Act (CAA). The
Columbus area includes Delaware,
Fairfield, Franklin, and Licking
Counties. Ohio EPA submitted this
request on April 23, 2019. EPA is also
proposing to approve, as a revision to
the Ohio State Implementation Plan
(SIP), the State’s plan for maintaining
the 2015 ozone NAAQS through 2030 in
the Columbus area. Finally, EPA finds
adequate and is proposing to approve
Ohio’s 2023 and 2030 volatile organic
compound (VOC) and oxides of nitrogen
(NOX) Motor Vehicle Emission Budgets
(MVEBs) for the Columbus area.
DATES: Comments must be received on
or before August 2, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2019–0239 at https://
www.regulations.gov or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
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SUMMARY:
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on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA’s analysis of Ohio’s
redesignation request?
A. Has the Columbus area attained the
2015 8-hour ozone NAAQS?
B. Has Ohio met all applicable
requirements of section 110 and part D
of the CAA for the Columbus area, and
does Ohio have a fully approved SIP for
the area under section 110(k) of the
CAA?
C. Are the air quality improvements in the
Columbus area due to permanent and
enforceable emission reductions?
D. Does Ohio have a fully approvable
ozone maintenance plan for the
Columbus area?
V. Has the state adopted approvable motor
vehicle emission budgets?
A. Motor Vehicle Emission Budgets
B. What is the status of EPA’s adequacy
determination for the proposed VOC and
NOX MVEBs for the Columbus area?
C. What is a safety margin?
VI. Proposed Actions
VII. Statutory and Executive Order Reviews
I. What is EPA proposing?
EPA is proposing to take several
related actions. EPA is proposing to
determine that the Columbus
nonattainment area is attaining the 2015
ozone NAAQS, based on quality-assured
and certified monitoring data for 2016–
2018 and that this area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is
thus proposing to change the legal
designation of the Columbus area from
nonattainment to attainment for the
2015 ozone NAAQS. EPA is also
proposing to approve, as a revision to
the Ohio SIP, the state’s maintenance
plan (such approval being one of the
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CAA criteria for redesignation to
attainment status) for the area. The
maintenance plan is designed to keep
the Columbus area in attainment of the
2015 ozone NAAQS through 2030.
Finally, EPA finds adequate and is
proposing to approve the newlyestablished 2023 and 2030 MVEBs for
the Columbus area. The comment
period for the adequacy of the MVEBs
began on May 2, 2019, with EPA’s
posting of the availability of the
submittal on EPA’s Adequacy website
(at https://www.epa.gov/state-and-localtransportation/state-implementationplans-sip-submissions-currently-underepa). The comment period ended on
June 1, 2019. EPA did not receive any
requests for this submittal, or adverse
comments on this adequacy submittal.
In a letter dated June 5, 2019, EPA
informed Ohio EPA that we found the
2023 and 2030 MVEBs to be adequate
for use in transportation conformity
analyses. Please see section V. B. of this
rulemaking, ‘‘What is the status of EPA’s
adequacy determination for the
proposed VOC and NOX MVEBs for the
Columbus area,’’ for further explanation
of this process. Based on the above, we
find adequate, and are proposing to
approve, the State’s 2023 and 2030
MVEBs for transportation conformity
purposes.
II. What is the background for these
actions?
EPA has determined that ground-level
ozone is detrimental to human health.
On October 1, 2015, EPA promulgated a
revised 8-hour ozone NAAQS of 0.070
parts per million (ppm). See 80 FR
65292 (October 26, 2015). Under EPA’s
regulations at 40 CFR part 50, the 2015
ozone NAAQS is attained in an area
when the 3-year average of the annual
fourth highest daily maximum 8-hour
average concentration is equal to or less
than 0.070 ppm, when truncated after
the thousandth decimal place, at all of
the ozone monitoring sites in the area.
See 40 CFR 50.19 and appendix U to 40
CFR part 50.
Upon promulgation of a new or
revised NAAQS, section 107(d)(1)(B) of
the CAA requires EPA to designate as
nonattainment any areas that are
violating the NAAQS, based on the most
recent 3 years of quality assured ozone
monitoring data. The Columbus area
was designated as a marginal
nonattainment area for the 2015 ozone
NAAQS on June 4, 2018 (83 FR 25776)
(effective August 3, 2018).
III. What are the criteria for
redesignation?
Section 107(d)(3)(E) of the CAA
allows redesignation of an area to
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attainment of the NAAQS provided that:
(1) The Administrator (EPA) determines
that the area has attained the NAAQS;
(2) the Administrator has fully approved
the applicable implementation plan for
the area under section 110(k) of the
CAA; (3) the Administrator determines
that the improvement in air quality is
due to permanent and enforceable
reductions in emissions resulting from
implementation of the applicable SIP,
applicable Federal air pollutant control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A of the CAA; and (5) the state
containing the area has met all
requirements applicable to the area for
the purposes of redesignation under
section 110 and part D of the CAA.
On April 16, 1992, EPA provided
guidance on redesignations in the
General Preamble for the
Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and
supplemented this guidance on April
28, 1992 (57 FR 18070). EPA has
provided further guidance on processing
redesignation requests in the following
documents:
1. ‘‘Ozone and Carbon Monoxide
Design Value Calculations,’’
Memorandum from Bill Laxton,
Director, Technical Support Division,
June 18, 1990;
2. ‘‘Maintenance Plans for
Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
3. ‘‘Contingency Measures for Ozone
and Carbon Monoxide (CO)
Redesignations,’’ Memorandum from
G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1,
1992;
4. ‘‘Procedures for Processing
Requests to Redesignate Areas to
Attainment,’’ Memorandum from John
Calcagni, Director, Air Quality
Management Division, September 4,
1992 (the ‘‘Calcagni Memorandum’’);
5. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean
Air Act (CAA) Deadlines,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, October 28, 1992;
6. ‘‘Technical Support Documents
(TSDs) for Redesignation of Ozone and
Carbon Monoxide (CO) Nonattainment
Areas,’’ Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide
Programs Branch, August 17, 1993;
7. ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) On or After
November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting
Assistant Administrator for Air and
Radiation, September 17, 1993;
8. ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone
and CO Nonattainment Areas,’’
Memorandum from D. Kent Berry,
Acting Director, Air Quality
Management Division, November 30,
1993;
9. ‘‘Part D New Source Review (Part
D NSR) Requirements for Areas
Requesting Redesignation to
Attainment,’’ Memorandum from Mary
D. Nichols, Assistant Administrator for
Air and Radiation, October 14, 1994;
and
10. ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National
Ambient Air Quality Standard,’’
Memorandum from John S. Seitz,
Director, Office of Air Quality Planning
and Standards, May 10, 1995.
IV. What is EPA’s analysis of Ohio’s
redesignation request?
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EPA to determine that the area has
attained the applicable NAAQS (CAA
section 107(d)(3)(E)(i)). An area is
attaining the 2015 ozone NAAQS if it
meets the 2015 ozone NAAQS, as
determined in accordance with 40 CFR
50.15 and appendix U of part 50, based
on 3 complete, consecutive calendar
years of quality-assured air quality data
for all monitoring sites in the area. To
attain the NAAQS, the 3-year average of
the annual fourth-highest daily
maximum 8-hour average ozone
concentrations (ozone design values) at
each monitor must not exceed 0.070
ppm. The air quality data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in EPA’s Air Quality System
(AQS). Ambient air quality monitoring
data for the 3-year period must also
meet data completeness requirements.
An ozone design value is valid if daily
maximum 8-hour average
concentrations are available for at least
90% of the days within the ozone
monitoring seasons,1 on average, for the
3-year period, with a minimum data
completeness of 75% during the ozone
monitoring season of any year during
the 3-year period. See section 4 of
appendix U to 40 CFR part 50.
EPA has reviewed the available ozone
monitoring data from monitoring sites
in the Columbus area for the 2016–2018
period. These data have been quality
assured, are recorded in the AQS, and
have been certified. These data
demonstrate that the Columbus area is
attaining the 2015 ozone NAAQS. The
annual fourth-highest 8-hour ozone
concentrations and the 3-year average of
these concentrations (monitoring site
ozone design values) for each
monitoring site are summarized in
Table 1.
A. Has the Columbus area attained the
2015 ozone NAAQS?
For redesignation of a nonattainment
area to attainment, the CAA requires
TABLE 1—ANNUAL FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE
FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE COLUMBUS AREA
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County
Monitor
Year
Delaware ..............................................................................
39–041–0002
Franklin ................................................................................
39–049–0029
1 The ozone season is defined by state in 40 CFR
58 appendix D. The ozone season for Ohio is
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% Observed
2016
2017
2018
2016
2017
2018
98
99
99
99
100
100
March–October. See, 80 FR 65292, 65466–67
(October 26, 2015).
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03JYP1
Fourth high
(ppm)
0.067
0.060
0.066
0.072
0.070
0.066
2016–2018
average
(ppm)
0.064
0.069
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TABLE 1—ANNUAL FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE
FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE COLUMBUS AREA—Continued
County
Monitor
39–049–0037
39–049–0081
Licking ..................................................................................
% Observed
Fourth high
(ppm)
97
99
*
100
99
100
99
100
99
........................
**
99
0.067
0.066
........................
0.071
0.064
0.063
0.067
0.065
0.061
........................
........................
0.064
Year
39–089–0005
39–089–0008
2016
2017
2018
2016
2017
2018
2016
2017
2018
2016
2017
2018
2016–2018
average
(ppm)
N/A
0.066
0.064
N/A
* Site terminated effective 12/31/17. The 2014–2016 and 2015–2017 design values at the site were 0.066 and 0.065, respectively.
** Site began operation 3/1/18.
The Columbus area’s 3-year ozone
design value for 2016–2018 is 0.069
ppm,2 which meets the 2015 ozone
NAAQS. Therefore, in today’s action,
EPA proposes to determine that the
Columbus area is attaining the 2015
ozone NAAQS.
EPA will not take final action to
determine that the Columbus area is
attaining the NAAQS nor to approve the
redesignation of this area if the design
value of a monitoring site in the area
violates the NAAQS after proposal but
prior to final approval of the
redesignation. Preliminary 2019 data to
date indicate that this area continues to
attain the 2015 ozone NAAQS. As
discussed in section IV.D.3. below, Ohio
EPA has committed to continue
monitoring ozone in this area to verify
maintenance of the 2015 ozone NAAQS.
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B. Has Ohio met all applicable
requirements of section 110 and part D
of the CAA for the Columbus area, and
does Ohio have a fully approved SIP for
the area under section 110(k) of the
CAA?
As criteria for redesignation of an area
from nonattainment to attainment of a
NAAQS, the CAA requires EPA to
determine that the state has met all
applicable requirements under section
110 and part D of title I of the CAA (see
section 107(d)(3)(E)(v) of the CAA) and
that the state has a fully approved SIP
under section 110(k) of the CAA (see
section 107(d)(3)(E)(ii) of the CAA). EPA
finds that Ohio has met all applicable
SIP requirements, for purposes of
redesignation, under section 110 and
part D of title I of the CAA
(requirements specific to nonattainment
areas for the 2015 ozone NAAQS).
2 The monitor ozone design value for the monitor
with the highest 3-year averaged concentration.
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Additionally, EPA finds that all
applicable requirements of the Ohio SIP
for the area have been fully approved
under section 110(k) of the CAA. In
making these determinations, EPA
ascertained which CAA requirements
are applicable to the Columbus area and
the Ohio SIP and, if applicable, whether
the required Ohio SIP elements are fully
approved under section 110(k) and part
D of the CAA. As discussed more fully
below, SIPs must be fully approved only
with respect to currently applicable
requirements of the CAA.
The September 4, 1992 Calcagni
memorandum (see ‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division,
September 4, 1992) describes EPA’s
interpretation of section 107(d)(3)(E) of
the CAA. Under this interpretation, a
state and the area it wishes to
redesignate must meet the relevant CAA
requirements that are due prior to the
state’s submittal of a complete
redesignation request for the area. See
also the September 17, 1993, Michael
Shapiro memorandum and 60 FR 12459,
12465–66 (March 7, 1995)
(redesignation of Detroit-Ann Arbor,
Michigan to attainment of the 1-hour
ozone NAAQS). Applicable
requirements of the CAA that come due
subsequent to the state’s submittal of a
complete request remain applicable
until a redesignation to attainment is
approved, but are not required as a
prerequisite to redesignation. See
section 175A(c) of the CAA. Sierra Club
v. EPA, 375 F.3d 537 (7th Cir. 2004). See
also 68 FR 25424, 25427 (May 12, 2003)
(redesignation of the St. Louis/East St.
Louis area to attainment of the 1-hour
ozone NAAQS).
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1. Ohio has met all applicable
requirements of section 110 and part D
of the CAA applicable to the Columbus
area for purposes of redesignation.
a. Section 110 General Requirements
for Implementation Plans
Section 110(a)(2) of the CAA
delineates the general requirements for
a SIP. Section 110(a)(2) provides that
the SIP must have been adopted by the
state after reasonable public notice and
hearing, and that, among other things, it
must: (1) Include enforceable emission
limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; (2)
provide for establishment and operation
of appropriate devices, methods,
systems and procedures necessary to
monitor ambient air quality; (3) provide
for implementation of a source permit
program to regulate the modification
and construction of stationary sources
within the areas covered by the plan; (4)
include provisions for the
implementation of part C prevention of
significant deterioration (PSD) and part
D new source review (NSR) permit
programs; (5) include provisions for
stationary source emission control
measures, monitoring, and reporting; (6)
include provisions for air quality
modeling; and, (7) provide for public
and local agency participation in
planning and emission control rule
development.
Section 110(a)(2)(D) of the CAA
requires SIPs to contain measures to
prevent sources in a state from
significantly contributing to air quality
problems in another state. To
implement this provision, EPA has
required certain states to establish
programs to address transport of certain
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air pollutants, e.g., NOX SIP call.3
However, like many of the 110(a)(2)
requirements, the section 110(a)(2)(D)
SIP requirements are not linked with a
particular area’s ozone designation and
classification. EPA concludes that the
SIP requirements linked with the area’s
ozone designation and classification are
the relevant measures to evaluate when
reviewing a redesignation request for
the area. The section 110(a)(2)(D)
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area within the state. Thus, we believe
these requirements are not applicable
requirements for purposes of
redesignation. See 65 FR 37890 (June
15, 2000), 66 FR 50399 (October 19,
2001), 68 FR 25418, 25426–27 (May 13,
2003).
In addition, EPA believes that other
section 110 elements that are neither
connected with nonattainment plan
submissions nor linked with an area’s
ozone attainment status are not
applicable requirements for purposes of
redesignation. The area will still be
subject to these requirements after the
area is redesignated to attainment of the
2008 ozone NAAQS. The section 110
and part D requirements which are
linked with a particular area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request. This
approach is consistent with EPA’s
existing policy on applicability (i.e., for
redesignations) of conformity and
oxygenated fuels requirements, as well
as with section 184 ozone transport
requirements. See Reading,
Pennsylvania proposed and final
rulemakings, 61 FR 53174–53176
(October 10, 1996) and 62 FR 24826
(May 7, 1997); Cleveland-AkronLoraine, Ohio final rulemaking, 61 FR
20458 (May 7, 1996); and Tampa,
Florida final rulemaking, 60 FR 62748
(December 7, 1995). See also the
discussion of this issue in the
Cincinnati, Ohio ozone redesignation
(65 FR 37890, June 19, 2000), and the
Pittsburgh, Pennsylvania ozone
redesignation (66 FR 50399, October 19,
2001).
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3 On
October 27, 1992 (63 FR 57356), EPA issued
a NOX SIP call requiring the District of Columbia
and 22 states to reduce emissions of NOX in order
to reduce the transport of ozone and ozone
precursors. In compliance with EPA’s NOX SIP call,
Ohio developed rules governing the control of NOX
emissions from Electric Generating Units (EGUs),
major non-EGU industrial boilers and turbines, and
major cement kilns. EPA approved Ohio’s rules as
fulfilling Phase I of the NOX SIP Call on August 5,
2003 (68 FR 46089) and June 27, 2005 (70 FR
36845), and as meeting Phase II of the NOX SIP Call
on February 4, 2008 (73 FR 6427).
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We have reviewed Ohio’s SIP and
have concluded that it meets the general
SIP requirements under section 110 of
the CAA, to the extent those
requirements are applicable for
purposes of redesignation.4
b. Part D Requirements
Section 172(c) of the CAA sets forth
the basic requirements of air quality
plans for states with nonattainment
areas that are required to submit them
pursuant to section 172(b). Subpart 2 of
part D, which includes section 182 of
the CAA, establishes specific
requirements for ozone nonattainment
areas depending on the areas’
nonattainment classifications.
The Columbus area was classified as
marginal under subpart 2 for the 2015
ozone NAAQS. As such, the area is
subject to the subpart 1 requirements
contained in section 172(c) and section
176. Similarly, the area is subject to the
subpart 2 requirements contained in
section 182(a) (marginal nonattainment
area requirements). A thorough
discussion of the requirements
contained in section 172(c) and 182 can
be found in the General Preamble for
Implementation of Title I (57 FR 13498).
i. Subpart 1 Section 172 Requirements
CAA Section 172(b) requires states to
submit SIPs meeting the requirements of
section 172(c) no later than 3 years from
the date of the nonattainment
designation. For the Columbus
nonattainment area, SIPs required under
CAA section 172 are due August 3,
2021. No requirements applicable for
purposes of redesignation under part D
became due prior to Ohio EPA’s
submission of the complete
redesignation request, and, therefore,
none are applicable to the area for
purposes of redesignation.
EPA has previously approved Ohio’s
NSR program on January 10, 2003 (68
FR 1366) and February 25, 2010 (75 FR
8496). Nonetheless, EPA has determined
that, since PSD requirements will apply
after redesignation, areas being
redesignated need not comply with the
requirement that a NSR program be
approved prior to redesignation,
provided that the area demonstrates
4 EPA has previously approved provisions of the
Ohio SIP addressing section 110 elements under the
2008 ozone NAAQS (79 FR 62019, October 16, 2014
and 83 FR 21719 May 10, 2018). In addition, on
September 28, 2018, Ohio EPA submitted a SIP to
meet the requirements of section 110 for the 2015
ozone NAAQS. The requirements of section
110(a)(2), however, are statewide requirements that
are not linked to the 2015 ozone NAAQS
nonattainment status of the Columbus area.
Therefore, EPA concludes that these infrastructure
requirements are not applicable requirements for
purposes of review of the state’s 2015 ozone
NAAQS redesignation request.
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31817
maintenance of the NAAQS without
part D NSR. A more detailed rationale
for this view is described in a
memorandum from Mary Nichols,
Assistant Administrator for Air and
Radiation, dated October 14, 1994,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’ Ohio has
demonstrated that the Columbus area
will be able to maintain the 2015 ozone
NAAQS without part D NSR in effect;
therefore, EPA concludes that the state
need not have a fully approved part D
NSR program prior to approval of the
redesignation request. See rulemakings
for Detroit, Michigan (60 FR 12467–
12468, March 7, 1995); ClevelandAkron-Lorain, Ohio (61 FR 20458,
20469–20470, May 7, 1996); Louisville,
Kentucky (66 FR 53665, October 23,
2001); and Grand Rapids, Michigan (61
FR 31834–31837, June 21, 1996). Ohio’s
PSD program will become effective in
the Columbus area upon redesignation
to attainment. EPA approved Ohio’s
PSD program on January 22, 2003 (68
FR 2909) and February 25, 2010 (75 FR
8496).
ii. Section 176 Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that Federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs and
projects that are developed, funded or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity)
as well as to all other Federally
supported or funded projects (general
conformity). State transportation
conformity SIP revisions must be
consistent with Federal conformity
regulations relating to consultation,
enforcement and enforceability that EPA
promulgated pursuant to its authority
under the CAA.
EPA interprets the conformity SIP
requirements 5 as not applying for
purposes of evaluating a redesignation
request under section 107(d) because
state conformity rules are still required
after redesignation and Federal
conformity rules apply where state
conformity rules have not been
5 CAA section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
Federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from SIPs requiring
the development of Motor Vehicle Emission
Budgets (MVEBs), such as control strategy SIPs and
maintenance plans.
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approved. See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748
(December 7, 1995) (redesignation of
Tampa, Florida). Nonetheless, Ohio has
an approved conformity SIP for the
Columbus area. See 80 FR 11133 (March
2, 2015).
iii. Section 182(a) Requirements
Section 182(a)(1) requires states to
submit a comprehensive, accurate, and
current inventory of actual emissions
from sources of VOC and NOX emitted
within the boundaries of the ozone
nonattainment area within two years of
designation. For the Columbus area, this
submission is due August 3, 2020.
Because it will become due after Ohio’s
submission of a complete redesignation
request for the Columbus area, it is not
an applicable requirement for purposes
of redesignation.
Under section 182(a)(2)(A), states
with ozone nonattainment areas that
were designated prior to the enactment
of the 1990 CAA amendments were
required to submit, within six months of
classification, all rules and corrections
to existing VOC reasonably available
control technology (RACT) rules that
were required under section 172(b)(3)
prior to the 1990 CAA amendments. The
Columbus area is not subject to the
section 182(a)(2) RACT ‘‘fix up’’
requirement for the 2015 ozone NAAQS
because it was designated as
nonattainment for this standard after the
enactment of the 1990 CAA
amendments and because Ohio
complied with this requirement for the
Columbus area under the prior 1-hour
ozone NAAQS. See 59 FR 23796 (May
9, 1994) and 60 FR 15235 (March 23,
1995).
Section 182(a)(2)(B) requires each
state with a marginal ozone
nonattainment area that implemented or
was required to implement a vehicle
inspection and maintenance (I/M)
program prior to the 1990 CAA
amendments to submit a SIP revision for
an I/M program no less stringent than
that required prior to the 1990 CAA
amendments or already in the SIP at the
time of the CAA amendments,
whichever is more stringent. For the
purposes of the 2015 ozone NAAQS and
the consideration of Ohio’s
redesignation request for this standard,
the Columbus area is not subject to the
section 182(a)(2)(B) requirement
because the Columbus area was
designated as nonattainment for the
2015 ozone NAAQS after the enactment
of the 1990 CAA amendments.
Section 182(a)(2)(C), under the
heading ‘‘Corrections to the State
implementation plans—Permit
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programs’’ contains a requirement for
states to submit NSR SIP revisions to
meet the requirements of CAA sections
172(c)(5) and 173 within 2 years after
the date of enactment of the 1990 CAA
Amendments. For the purposes of the
2015 ozone NAAQS and the
consideration of Ohio’s redesignation
request for this standard, the Columbus
area is not subject to the section
182(a)(2)(C) requirement because the
Columbus area was designated as
nonattainment for the 2015 ozone
NAAQS after the enactment of the 1990
CAA amendments.
Section 182(a)(4) specifies the
emission offset ratio for marginal areas
but does not establish a SIP submission
deadline. EPA’s December 6, 2018
implementation rule for the 2015 ozone
NAAQS clarifies that nonattainment
NSR permit program requirements
applicable to the 2015 NAAQS are due
3 years from the effective date of the
nonattainment designation, i.e., August
3, 2021. See 83 FR 62998, 63001. This
approach is based on the provision in
CAA section 172(b) requiring the
submission of plans or plan revisions
‘‘no later than 3 years from the date of
the nonattainment designation.’’
Because this requirement will become
due after Ohio’s submission of a
complete redesignation request for the
Columbus area, it is not an applicable
requirement for purposes of
redesignation.
While Ohio has not submitted a
nonattainment NSR SIP revision to
address the 2015 ozone NAAQS, Ohio
currently has a fully-approved part D
NSR program in place. In addition, EPA
approved Ohio’s PSD program on
January 22, 2003 (68 FR 2909) and
February 25, 2010 (75 FR 8496). As
discussed above, Ohio has demonstrated
that the Columbus area will be able to
maintain the 2015 ozone NAAQS
without part D NSR in effect; therefore,
EPA concludes that the state need not
have a fully approved part D NSR
program prior to approval of the
redesignation request. The state’s PSD
program will become effective in the
Columbus area upon redesignation to
attainment.
Section 182(a)(3) requires states to
submit periodic emission inventories
and a revision to the SIP to require the
owners or operators of stationary
sources to annually submit emission
statements documenting actual VOC
and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule,
Ohio will continue to update its
emissions inventory at least once every
3 years. With regard to stationary source
emission statements, this submission is
due August 3, 2020. Because it will
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become due after Ohio’s submission of
a complete redesignation request for the
Columbus area, it is not an applicable
requirement for purposes of
redesignation.
Therefore, EPA finds that the
Columbus area has satisfied all
applicable requirements for purposes of
redesignation under section 110 and
part D of title I of the CAA.
2. The Columbus area has a fully
approved SIP for purposes of
redesignation under section 110(k) of
the CAA.
At various times, Ohio has adopted
and submitted, and EPA has approved,
provisions addressing the various SIP
elements applicable for the ozone
NAAQS. As discussed above, EPA has
fully approved the Ohio SIP for the
Columbus area under section 110(k) for
all requirements applicable for purposes
of redesignation under the 2015 ozone
NAAQS. EPA may rely on prior SIP
approvals in approving a redesignation
request (see the Calcagni memorandum
at page 3; Southwestern Pennsylvania
Growth Alliance v. Browner, 144 F.3d
984, 989–990 (6th Cir. 1998); Wall v.
EPA, 265 F.3d 426), plus any additional
measures it may approve in conjunction
with a redesignation action (see 68 FR
25426 (May 12, 2003) and citations
therein).
C. Are the air quality improvements in
the Columbus area due to permanent
and enforceable emission reductions?
To redesignate an area from
nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from the
implementation of the SIP and
applicable Federal air pollution control
regulations and other permanent and
enforceable emission reductions. EPA
has determined that Ohio has
demonstrated that that the observed
ozone air quality improvement in the
Columbus area is due to permanent and
enforceable reductions in VOC and NOX
emissions resulting from state measures
adopted into the SIP and Federal
measures.
In making this demonstration, the
state has calculated the change in
emissions between 2014 and 2016. The
reduction in emissions and the
corresponding improvement in air
quality over this time period can be
attributed to a number of regulatory
control measures that the Columbus
area and upwind areas have
implemented in recent years. In
addition, Ohio EPA provided an
analysis to demonstrate the
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improvement in air quality was not due
to unusually favorable meteorology.
Based on the information summarized
below, EPA finds that Ohio has
adequately demonstrated that the
improvement in air quality is due to
permanent and enforceable emissions
reductions.
1. Permanent and enforceable
emission controls implemented.
a. Regional NOX Controls
Clean Air Interstate Rule (CAIR)/Cross
State Air Pollution Rule (CSAPR). CAIR
created regional cap-and-trade programs
to reduce sulfur dioxide (SO2) and NOX
emissions in 27 eastern states, including
Ohio, that contributed to downwind
nonattainment and maintenance of the
1997 ozone NAAQS and the 1997 fine
particulate matter (PM2.5) NAAQS. See
70 FR 25162 (May 12, 2005). EPA
approved Ohio’s CAIR regulations into
the Ohio SIP on February 1, 2008 (73 FR
6034), and September 25, 2009 (74 FR
48857). In 2008, the United States Court
of Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated
CAIR, North Carolina v. EPA, 531 F.3d
896 (D.C. Cir. 2008), but ultimately
remanded the rule to EPA without
vacatur to preserve the environmental
benefits provided by CAIR, North
Carolina v. EPA, 550 F.3d 1176, 1178
(D.C. Cir. 2008). On August 8, 2011 (76
FR 48208), acting on the D.C. Circuit’s
remand, EPA promulgated CSAPR to
replace CAIR and thus addressed the
interstate transport of emissions
contributing to nonattainment and
interfering with maintenance of the two
air quality standards covered by CAIR as
well as the 2006 PM2.5 NAAQS. CSAPR
requires substantial reductions of SO2
and NOX emissions from electric
generating units (EGUs) in 28 states in
the Eastern United States.
The D.C. Circuit’s initial vacatur of
CSAPR 6 was reversed by the United
States Supreme Court on April 29, 2014,
and the case was remanded to the D.C.
Circuit to resolve remaining issues in
accordance with the high court’s ruling.
EPA v. EME Homer City Generation,
L.P., 134 S. Ct. 1584 (2014). On remand,
the D.C. Circuit affirmed CSAPR in most
respects, but invalidated without
vacating some of the CSAPR budgets as
to a number of states. EME Homer City
Generation, L.P. v. EPA, 795 F.3d 118
(D.C. Cir. 2015). The remanded budgets
include the Phase 2 NOX ozone season
emissions budgets for Ohio. On
September 7, 2016, in response to the
remand, EPA finalized an update to
CSAPR requiring further reductions in
6 EME Homer City Generation, L.P. v. EPA, 696
F.3d 7, 38 (D.C. Cir. 2012).
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On April 28, 2014 (79 FR 23414), EPA
promulgated Tier 3 motor vehicle
emission and fuel standards to reduces
both tailpipe and evaporative emissions
and to further reduce the sulfur content
in fuels. The rule will be phased in
between 2017 and 2025. Tier 3 sets new
tailpipe standards for the sum of VOC
and NOX and for particulate matter. The
VOC and NOX tailpipe standards for
light-duty vehicles represent
approximately an 80% reduction from
today’s fleet average and a 70%
reduction in per-vehicle particulate
matter (PM) standards. Heavy-duty
tailpipe standards represent about a
b. Federal Emission Control Measures
60% reduction in both fleet average
Reductions in VOC and NOX
VOC and NOX and per-vehicle PM
emissions have occurred statewide and
standards. The evaporative emissions
in upwind areas as a result of Federal
requirements in the rule will result in
emission control measures, with
approximately a 50% reduction from
additional emission reductions expected current standards and apply to all lightto occur in the future. Federal emission
duty and onroad gasoline-powered
control measures include the following. heavy-duty vehicles. Finally, the rule
Tier 2 Emission Standards for
lowers the sulfur content of gasoline to
Vehicles and Gasoline Sulfur Standards. an annual average of 10 ppm by January
On February 10, 2000 (65 FR 6698), EPA 2017. As projected by these estimates
promulgated Tier 2 motor vehicle
and demonstrated in the onroad
emission standards and gasoline sulfur
emission modeling for the Columbus
control requirements. These emission
area, some of these emission reductions
control requirements result in lower
occurred by the attainment years and
VOC and NOX emissions from new cars
additional emission reductions will
and light duty trucks, including sport
occur throughout the maintenance
utility vehicles. With respect to fuels,
period, as older vehicles are replaced
this rule required refiners and importers with newer, compliant model years.
of gasoline to meet lower standards for
Heavy-Duty Diesel Engine Rules. In
sulfur in gasoline, which were phased
July 2000, EPA issued a rule for onroad
in between 2004 and 2006. By 2006,
heavy-duty diesel engines that includes
refiners were required to meet a 30 ppm standards limiting the sulfur content of
average sulfur level, with a maximum
diesel fuel. Emissions standards for
cap of 80 ppm. This reduction in fuel
NOX, VOC and PM were phased in
sulfur content ensures the effectiveness
between model years 2007 and 2010. In
of low emission-control technologies.
addition, the rule reduced the highway
The Tier 2 tailpipe standards
diesel fuel sulfur content to 15 parts per
established in this rule were phased in
million by 2007, leading to additional
for new vehicles between 2004 and
reductions in combustion NOX and VOC
2009. EPA estimates that, when fully
emissions. EPA has estimated future
implemented, this rule will cut NOX
year emission reductions due to
and VOC emissions from light-duty
implementation of this rule. Nationally,
vehicles and light-duty trucks by
EPA estimated that 2015 NOX and VOC
approximately 76 and 28%,
emissions would decrease by 1,260,000
respectively. NOX and VOC reductions
tons and 54,000 tons, respectively.
from medium-duty passenger vehicles
Nationally, EPA estimated that by 2030
included as part of the Tier 2 vehicle
NOX and VOC emissions will decrease
program are estimated to be
by 2,570,000 tons and 115,000 tons,
approximately 37,000 and 9,500 tons
respectively. As projected by these
per year, respectively, when fully
estimates and demonstrated in the
implemented. As projected by these
onroad emission modeling for the
estimates and demonstrated in the
Columbus area, some of these emission
onroad emission modeling for the
reductions occurred by the attainment
Columbus area, much of these emission years and additional emission
reductions occurred by the attainment
reductions will occur throughout the
years and additional emission
maintenance period, as older vehicles
reductions will occur throughout the
are replaced with newer, compliant
maintenance period, as older vehicles
model years.
Nonroad Diesel Rule. On June 29,
are replaced with newer, compliant
2004 (69 FR 38958), EPA issued a rule
model years.
Tier 3 Emission Standards for
adopting emissions standards for
Vehicles and Gasoline Sulfur Standards. nonroad diesel engines and sulfur
NOX emissions from EGUs beginning in
May 2017. This final rule was projected
to result in a 20% reduction in ozone
season NOX emissions from EGUs in the
eastern United States, a reduction of
800,000 tons in 2017 compared to 2015
levels.
There are no EGUs in the Columbus
area. However, the reduction in NOX
emissions from the implementation of
CSAPR results in lower concentration of
transported ozone entering the
Columbus area upon implementation of
the phase 2 budgets in 2017 and
throughout the maintenance period.
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reductions in nonroad diesel fuel. This
rule applies to diesel engines used
primarily in construction, agricultural,
and industrial applications. Emission
standards are phased in for 2008
through 2015 model years based on
engine size. The SO2 limits for nonroad
diesel fuels were phased in from 2007
through 2012. EPA estimates that when
fully implemented, compliance with
this rule will cut NOX emissions from
these nonroad diesel engines by
approximately 90%. As projected by
these estimates and demonstrated in the
nonroad emission modeling for the
Columbus area, some of these emission
reductions occurred by the attainment
years and additional emission
reductions will occur throughout the
maintenance period.
Nonroad Spark-Ignition Engines and
Recreational Engine Standards. On
November 8, 2002 (67 FR 68242), EPA
adopted emission standards for large
spark-ignition engines such as those
used in forklifts and airport groundservice equipment; recreational vehicles
such as off-highway motorcycles, allterrain vehicles, and snowmobiles; and
recreational marine diesel engines.
These emission standards are phased in
from model year 2004 through 2012.
When fully implemented, EPA estimates
an overall 72% reduction in VOC
emissions from these engines and an
80% reduction in NOX emissions. As
projected by these estimates and
demonstrated in the nonroad emission
modeling for the Columbus area, some
of these emission reductions occurred
by the attainment years and additional
emission reductions will occur
throughout the maintenance period.
Category 3 Marine Diesel Engine
Standards. On April 30, 2010 (75 FR
22896) EPA issued emission standards
for marine compression-ignition engines
at or above 30 liters per cylinder. Tier
2 emission standards apply beginning in
2011, and are expected to result in a 15
to 25% reduction in NOX emissions
from these engines. Final Tier 3
emission standards apply beginning in
2016 and are expected to result in
approximately an 80% reduction in
NOX from these engines. As projected
by these estimates and demonstrated in
the nonroad emission modeling for the
Columbus area, some of these emission
reductions occurred by the attainment
years and additional emission
reductions will occur throughout the
maintenance period.
2. Emission reductions.
Ohio is using a 2014 emissions
inventory as the nonattainment year.
This is appropriate because it was one
of the years used to designate the area
as nonattainment. Ohio is using 2016 as
the attainment year, which is
appropriate because it is one of the
years in the 2016–2018 period used to
demonstrate attainment.
Area and nonroad mobile emissions
were collected from data available on
EPA’s Air Emissions Modeling website.7
Using Emissions Modeling platform
2011v6.3, Ohio EPA collected data for
the 2011 National Emissions Inventory
(NEI) year, version 2011el, and the 2017
projected inventory, version 2017ek.
Tons per summer day (TPSD) emissions
were then derived by dividing July
emissions by the number of days in July.
2014 emissions were derived by
interpolating between 2011 and 2017
(2011el and 2017ek). 2016 emissions
were assumed to be equivalent to the
2017 projected emissions (2017ek).
Ohio EPA compiled 2014 and 2016
actual point source emissions from state
inventory databases. TPSD emissions
were then derived by applying a
conversion factor to the annual
emissions. The conversion factor was
derived from the emissions modeling
platform 2011v6.3 as the ratio of the
average July day to annual emissions for
the non-EGU sector.
Onroad mobile source emissions were
developed in conjunction with the Ohio
EPA, the Ohio Department of
Transportation, the Mid-Ohio Regional
Planning Commission (MORPC), and
the Licking County Area Transportation
Study (LCATS) and were calculated
from emission factors produced by
EPA’s Motor Vehicle Emission
Simulator model, MOVES2014a, and
data extracted from the region’s traveldemand model.
Using the inventories described
above, Ohio’s submittal documents
changes in VOC and NOX emissions
from 2014 to 2016 for the Columbus
area. Emissions data are shown in
Tables 2 through 6.
TABLE 2—COLUMBUS AREA NOX EMISSIONS FOR NONATTAINMENT YEAR 2014 (TPSD)
County
Point
Area
Nonroad
Onroad
Total
Delaware ..............................................................................
Fairfield ................................................................................
Franklin ................................................................................
Licking ..................................................................................
0.07
4.05
1.48
0.95
2.45
0.54
9.04
0.69
3.30
2.08
11.53
2.00
7.01
4.96
45.89
7.34
12.83
11.63
67.94
10.98
Area Totals ...................................................................
6.55
12.72
18.91
65.20
103.38
TABLE 3—COLUMBUS AREA VOC EMISSIONS FOR NONATTAINMENT YEAR 2014 (TPSD)
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County
Point
Area
Nonroad
Onroad
Total
Delaware ..............................................................................
Fairfield ................................................................................
Franklin ................................................................................
Licking ..................................................................................
0.36
0.59
2.27
0.70
4.30
4.61
28.24
6.46
4.14
1.44
13.29
2.59
4.72
3.84
31.26
4.80
13.52
10.48
75.06
14.55
Area Totals ...................................................................
3.92
43.61
21.46
44.62
113.61
TABLE 4—COLUMBUS AREA NOX EMISSIONS FOR ATTAINMENT YEAR 2016 (TPSD)
County
Point
Delaware ..............................................................................
Area
0.10
Nonroad
2.30
2.49
7 https://www.epa.gov/air-emissions-modeling/
2011-version-63-platform.
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TABLE 4—COLUMBUS AREA NOX EMISSIONS FOR ATTAINMENT YEAR 2016 (TPSD)—Continued
County
Point
Area
Nonroad
Onroad
Total
Fairfield ................................................................................
Franklin ................................................................................
Licking ..................................................................................
3.85
1.34
0.89
0.55
8.90
0.71
1.56
8.37
1.53
3.94
36.51
5.86
9.90
55.12
8.99
Area Totals ...................................................................
6.18
12.46
13.95
51.90
84.49
TABLE 5—COLUMBUS AREA VOC EMISSIONS FOR ATTAINMENT YEAR 2016 (TPSD)
County
Point
Area
Nonroad
Onroad
Total
Delaware ..............................................................................
Fairfield ................................................................................
Franklin ................................................................................
Licking ..................................................................................
0.27
0.55
2.24
0.62
4.16
4.53
27.52
6.36
3.40
1.19
11.16
2.11
4.02
2.84
26.55
4.09
11.85
9.11
67.47
13.18
Area Totals ...................................................................
3.68
42.57
17.86
37.50
101.61
TABLE 6—CHANGE IN NOX AND VOC EMISSIONS IN THE COLUMBUS AREA BETWEEN 2014 AND 2016 (TPSD)
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2014
VOC
Net change
(2014–2016)
2016
2014
2016
Net Change
(2014–2016)
Point .........................................................
Area ..........................................................
Nonroad ...................................................
Onroad .....................................................
6.55
12.72
18.91
65.20
6.18
12.46
13.95
51.90
¥0.37
¥0.26
¥4.96
¥13.30
3.92
43.61
21.46
44.62
3.68
42.57
17.86
37.50
¥0.24
¥1.04
¥3.60
¥7.12
Total ..................................................
103.38
84.49
¥18.89
113.61
101.61
¥12.00
As shown in Table 6, NOX and VOC
emissions in the Columbus area
declined by 18.89 TPSD and 12.00
TPSD, respectively, between 2014 and
2016.
3. Meteorology.
To further support Ohio’s
demonstration that the improvement in
air quality between the year violations
occurred and the year attainment was
achieved, is due to permanent and
enforceable emission reductions and not
unusually favorable meteorology, an
analysis was performed by Ohio EPA.
Ohio analyzed the maximum fourthhigh 8-hour ozone values for May, June,
July, August, and September, for years
2000 to 2017.
First, the maximum 8-hour ozone
concentration at each monitor in the
Columbus area was compared to the
number of days where the maximum
temperature was greater than or equal to
80 °F. While there is a clear trend in
decreasing ozone concentrations at all
monitors, there is no such trend in the
temperature data.
Ohio EPA also examined the
relationship between the average
summer temperature for each year of the
2000–2017 period and the fourth-high 8hour ozone concentration. Given the
similarity of ozone concentrations
observed at each monitor and the
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regional nature of ozone formation,
Ohio EPA conducted this analysis using
the average fourth-high 8-hour ozone
concentration from all monitors in the
Columbus, OH area. While there is some
correlation between average summer
temperatures and ozone concentrations,
this correlation does not exist over the
study period. The linear regression lines
for each data set demonstrate that the
average summer temperatures have
increased over the 2000 to 2017 period,
while average ozone concentrations
have decreased. Because the correlation
between temperature and ozone
formation is well established, these data
suggest that reductions in precursors are
responsible for the reductions in ozone
concentrations in the Columbus area,
and not unusually favorable summer
temperatures.
Finally, Ohio EPA analyzed the
relationship between average
summertime relative humidity and
average fourth-high 8-hour ozone
concentrations. The data did not show
a correlation between relative humidity
and ozone concentrations.
As discussed above, Ohio identified
numerous Federal rules that resulted in
the reduction of VOC and NOX
emissions from 2014 to 2016. In
addition, Ohio EPA’s analyses of
meteorological variables associated with
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ozone formation demonstrate that the
improvement in air quality in the
Columbus area between the year
violations occurred and the year
attainment was achieved is not due to
unusually favorable meteorology.
Therefore, EPA finds that Ohio has
shown that the air quality
improvements in the Columbus area are
due to permanent and enforceable
emissions reductions.
D. Does Ohio have a fully approvable
ozone maintenance plan for the
Columbus area?
As one of the criteria for redesignation
to attainment section 107(d)(3)(E)(iv) of
the CAA requires EPA to determine that
the area has a fully approved
maintenance plan pursuant to section
175A of the CAA. Section 175A of the
CAA sets forth the elements of a
maintenance plan for areas seeking
redesignation from nonattainment to
attainment. Under section 175A, the
maintenance plan must demonstrate
continued attainment of the NAAQS for
at least 10 years after the Administrator
approves a redesignation to attainment.
Eight years after the redesignation, the
state must submit a revised maintenance
plan which demonstrates that
attainment of the NAAQS will continue
for an additional 10 years beyond the
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initial 10-year maintenance period. To
address the possibility of future NAAQS
violations, the maintenance plan must
contain contingency measures, as EPA
deems necessary, to assure prompt
correction of the future NAAQS
violation.
The Calcagni Memorandum provides
further guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
elements: (1) An attainment emission
inventory; (2) a maintenance
demonstration; (3) a commitment for
continued air quality monitoring; (4) a
process for verification of continued
attainment; and (5) a contingency plan.
In conjunction with its request to
redesignate the Columbus area to
attainment for the 2015 ozone NAAQS,
Ohio EPA submitted a SIP revision to
provide for maintenance of the 2015
ozone NAAQS through 2030, more than
10 years after the expected effective date
of the redesignation to attainment. As
discussed below, EPA proposes to find
that Ohio’s ozone maintenance plan
includes the necessary components and
approve the maintenance plan as a
revision of the Ohio SIP.
1. Attainment inventory.
EPA is proposing to determine that
the Columbus area has attained the 2015
ozone NAAQS based on monitoring data
for the period of 2016–2018. Ohio EPA
selected 2016 as the attainment
emissions inventory year to establish
attainment emission levels for VOC and
NOX. The attainment emissions
inventory identifies the levels of
emissions in the Columbus area that are
sufficient to attain the 2015 ozone
NAAQS. The derivation of the
attainment year emissions was
discussed above in section IV.C.2. of
this proposed rule. The attainment level
emissions, by source category, are
summarized in Tables 4 and 5 above.
2. Has the state documented
maintenance of the ozone standard in
the Columbus area?
Ohio has demonstrated maintenance
of the 2015 ozone NAAQS through 2030
by assuring that current and future
emissions of VOC and NOX for the
Columbus area remain at or below
attainment year emission levels. A
maintenance demonstration need not be
based on modeling. See Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), Sierra Club
v. EPA, 375 F. 3d 537 (7th Cir. 2004).
See also 66 FR 53094, 53099–53100
(October 19, 2001), 68 FR 25413, 25430–
25432 (May 12, 2003).
Ohio is using emissions inventories
for the years 2023 and 2030 to
demonstrate maintenance. 2030 is more
than 10 years after the expected
effective date of the redesignation to
attainment and 2023 was selected to
demonstrate that emissions are not
expected to spike in the interim
between the attainment year and the
final maintenance year. The emissions
inventories were developed as described
below.
Point, area and nonroad mobile
emissions were collected from data
available on EPA’s Air Emissions
Modeling website.3 Using Emissions
Modeling platform 2011v6.3, Ohio EPA
collected data for the 2023 and 2028
projected inventories. Tons per summer
day (TPSD) emissions were then derived
by dividing July emissions by the
number of days in July. For interim year
2023, version 2023el was used without
modification except for adjustments to
emissions for ten point sources, based
on more recent source specific
information. 2030 emissions were
derived by extrapolating from version
2028el. As with the 2023 inventory,
adjustments were made to the emissions
for ten point sources based on more
recent source specific information.
Onroad mobile source emissions were
developed through the combined effort
of Ohio EPA, the Ohio Department of
Transportation, MORPC, and LCAT and
were calculated from emission factors
produced by EPA’s MOVES2014a model
and data extracted from the region’s
travel-demand model. Emissions data
are shown in Tables 7 through 11 below.
TABLE 7—COLUMBUS AREA NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2023 (TPSD)
County
Point
Area
Nonroad
Onroad
Total
Delaware ..............................................................................
Fairfield ................................................................................
Franklin ................................................................................
Licking ..................................................................................
0.08
3.55
1.08
0.75
1.97
0.54
8.88
0.73
1.73
1.06
5.96
1.07
2.80
1.94
17.84
2.88
6.58
7.09
33.76
5.43
Area Totals ...................................................................
5.46
12.12
9.82
25.46
52.86
TABLE 8—COLUMBUS AREA VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2023 (TPSD)
County
Point
Area
Nonroad
Onroad
Total
Delaware ..............................................................................
Fairfield ................................................................................
Franklin ................................................................................
Licking ..................................................................................
0.33
0.53
1.52
0.41
4.19
4.37
27.61
5.94
3.00
1.14
11.26
1.84
2.73
1.90
17.60
2.70
10.25
7.94
57.99
10.89
Area Totals ...................................................................
2.79
42.11
17.24
24.93
87.07
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TABLE 9—COLUMBUS AREA NOX EMISSIONS FOR MAINTENANCE YEAR 2030 (TPSD)
County
Point
Area
Nonroad
Onroad
Total
Delaware ..............................................................................
Fairfield ................................................................................
Franklin ................................................................................
Licking ..................................................................................
0.08
3.55
1.08
0.75
1.56
0.53
8.34
0.73
1.46
0.85
5.42
0.87
1.92
2.70
11.70
1.92
5.02
7.63
26.54
4.27
Area Totals ...................................................................
5.46
11.16
8.60
18.24
43.46
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TABLE 10—COLUMBUS AREA VOC EMISSIONS FOR MAINTENANCE YEAR 2030 (TPSD)
County
Point
Area
Nonroad
Onroad
Total
Delaware ..............................................................................
Fairfield ................................................................................
Franklin ................................................................................
Licking ..................................................................................
0.33
0.53
1.52
0.41
4.18
4.37
27.62
5.95
3.00
1.20
12.17
1.84
2.14
1.78
13.20
2.04
9.65
7.88
54.51
10.24
Area Totals ...................................................................
2.79
42.12
18.21
19.16
82.28
TABLE 11—CHANGE IN NOX AND VOC EMISSIONS IN THE COLUMBUS AREA BETWEEN 2016 AND 2030 (TPSD)
NOX
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2016
2023
VOC
2030
Net change
(2016–
2030)
2016
2023
2030
Net change
(2016–
2030)
Point .................................
Area ..................................
Nonroad ...........................
Onroad .............................
6.18
12.46
13.95
51.90
5.46
12.12
9.82
25.46
5.46
11.16
8.60
18.24
¥0.72
¥1.30
¥5.35
¥33.66
3.68
42.57
17.86
37.50
2.79
42.11
17.24
24.93
2.79
42.12
18.21
19.16
¥0.89
¥0.45
0.35
¥18.34
Total ..........................
84.49
52.86
43.46
¥41.03
101.61
87.07
82.28
¥19.33
In summary, Ohio’s maintenance
demonstration for the Columbus area
shows maintenance of the 2015 ozone
NAAQS by providing emissions
information to support the
demonstration that future emissions of
NOX and VOC will remain at or below
2016 emission levels when taking into
account both future source growth and
implementation of future controls. Table
11 shows NOX and VOC emissions in
the Columbus area are projected to
decrease by 41.03 TPSD and 19.33
TPSD, respectively, between 2016 and
2030.
3. Continued air quality monitoring.
Ohio EPA has committed to continue
to operate the ozone monitors listed in
Table 1 above. Ohio EPA has committed
to consult with EPA prior to making
changes to the existing monitoring
network should changes become
necessary in the future. Ohio remains
obligated to meet monitoring
requirements and continue to quality
assure monitoring data in accordance
with 40 CFR part 58, and to enter all
data into the Air Quality System (AQS)
in accordance with Federal guidelines.
4. Verification of continued
attainment.
The State of Ohio has confirmed that
it has the legal authority to enforce and
implement the requirements of the
maintenance plan for the Columbus
area. This includes the authority to
adopt, implement, and enforce any
subsequent emission control measures
determined to be necessary to correct
future ozone attainment problems.
Verification of continued attainment
is accomplished through operation of
the ambient ozone monitoring network
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and the periodic update of the area’s
emissions inventory. Ohio EPA will
continue to operate the current ozone
monitors located in the Columbus area.
There are no plans to discontinue
operation, relocate, or otherwise change
the existing ozone monitoring network
other than through revisions in the
network approved by the EPA.
In addition, to track future levels of
emissions, Ohio EPA will continue to
develop and submit to EPA updated
emission inventories for all source
categories at least once every 3 years,
consistent with the requirements of 40
CFR part 51, subpart A, and in 40 CFR
51.122. The Consolidated Emissions
Reporting Rule (CERR) was promulgated
by EPA on June 10, 2002 (67 FR 39602).
The CERR was replaced by the Annual
Emissions Reporting Requirements
(AERR) on December 17, 2008 (73 FR
76539). The most recent triennial
inventory for Ohio was compiled for
2014. Point source facilities covered by
Ohio’s emission statement rule, Ohio
Administrative Code Chapter 3745–24,
will continue to submit VOC and NOX
emissions on an annual basis.
5. What is the contingency plan for
the Columbus area?
Section 175A of the CAA requires that
the state must adopt a maintenance
plan, as a SIP revision, that includes
such contingency measures as EPA
deems necessary to assure that the state
will promptly correct a violation of the
NAAQS that occurs after redesignation
of the area to attainment of the NAAQS.
The maintenance plan must identify:
The contingency measures to be
considered and, if needed for
maintenance, adopted and
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implemented; a schedule and procedure
for adoption and implementation; and,
a time limit for action by the state. The
state should also identify specific
indicators to be used to determine when
the contingency measures need to be
considered, adopted, and implemented.
The maintenance plan must include a
commitment that the state will
implement all measures with respect to
the control of the pollutant that were
contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d) of
the CAA.
As required by section 175A of the
CAA, Ohio has adopted a contingency
plan for the Columbus area to address
possible future ozone air quality
problems. The contingency plan
adopted by Ohio has two levels of
response, a warning level response and
an action level response.
In Ohio’s plan, a warning level
response will be triggered when an
annual fourth high monitored value of
0.074 ppm or higher is monitored
within the maintenance area. A warning
level response will consist of Ohio EPA
conducting a study to determine
whether the ozone value indicates a
trend toward higher ozone values or
whether emissions appear to be
increasing. The study will evaluate
whether the trend, if any, is likely to
continue and, if so, the control measures
necessary to reverse the trend. The
study will consider ease and timing of
implementation as well as economic
and social impacts. Implementation of
necessary controls in response to a
warning level response trigger will take
place within 12 months from the
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conclusion of the most recent ozone
season.
In Ohio’s plan, an action level
response is triggered when a two-year
average fourth high value of 0.071 ppm
or greater is monitored within the
maintenance area. A violation of the
2015 ozone NAAQS within the
maintenance area also triggers an action
level response. When an action level
response is triggered, Ohio EPA, in
conjunction with the metropolitan
planning organization or regional
council of governments, will determine
what additional control measures are
needed to assure future attainment of
the 2015 ozone NAAQS. Control
measures selected will be adopted and
implemented within 18 months from
the close of the ozone season that
prompted the action level. Ohio EPA
may also consider if significant new
regulations not currently included as
part of the maintenance provisions will
be implemented in a timely manner and
would thus constitute an adequate
contingency measure response.
Ohio EPA included the following list
of potential contingency measures in its
maintenance plan:
1. Adopt VOC RACT on existing
sources covered by EPA Control
Technique Guidelines issued after the
1990 CAA.
2. Apply VOC RACT to smaller
existing sources.
3. One or more transportation control
measures sufficient to achieve at least
half a percent reduction in actual area
wide VOC emissions. Transportation
measures will be selected from the
following, based upon the factors listed
above after consultation with affected
local governments:
a. Trip reduction programs, including,
but not limited to, employer-based
transportation management plans, area
wide rideshare programs, work schedule
changes, and telecommuting;
b. traffic flow and transit
improvements; and
c. other new or innovative
transportation measures not yet in
widespread use that affected local
governments deem appropriate.
4. Alternative fuel and diesel retrofit
programs for fleet vehicle operations.
5. Require VOC or NOX emission
offsets for new and modified major
sources.
6. Increase the ratio of emission
offsets required for new sources.
7. Require VOC or NOX controls on
new minor sources (less than 100 tons).
8. Adopt NOX RACT for existing
combustion sources.
9. High volume, low pressure coating
application requirements for autobody
facilities.
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10. Requirements for cold cleaner
degreaser operations (low vapor
pressure solvents).
To qualify as a contingency measure,
emissions reductions from that measure
must not be factored into the emissions
projections used in the maintenance
plan.
EPA has concluded that Ohio’s
maintenance plan adequately addresses
the five basic components of a
maintenance plan: Attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. In addition, as
required by section 175A(b) of the CAA,
Ohio EPA has committed to submit to
EPA an updated ozone maintenance
plan eight years after redesignation of
the Columbus area to cover an
additional ten years beyond the initial
10-year maintenance period. Thus, EPA
finds that the maintenance plan SIP
revision submitted by Ohio EPA for the
Columbus area meets the requirements
of section 175A of the CAA and EPA
proposes to approve it as a revision to
the Ohio SIP.
V. Has the state adopted approvable
motor vehicle emission budgets?
A. Motor Vehicle Emission Budgets
Under section 176(c) of the CAA, new
transportation plans, programs, or
projects that receive Federal funding or
support, such as the construction of new
highways, must ‘‘conform’’ to (i.e., be
consistent with) the SIP. Conformity to
the SIP means that transportation
activities will not cause new air quality
violations, worsen existing air quality
problems, or delay timely attainment of
the NAAQS or interim air quality
milestones. Regulations at 40 CFR part
93 set forth EPA policy, criteria, and
procedures for demonstrating and
assuring conformity of transportation
activities to a SIP. Transportation
conformity is a requirement for
nonattainment and maintenance areas.
Maintenance areas are areas that were
previously nonattainment for a
particular NAAQS, but that have been
redesignated to attainment with an
approved maintenance plan for the
NAAQS.
Under the CAA, states are required to
submit, at various times, control strategy
SIPs for nonattainment areas and
maintenance plans for areas seeking
redesignations to attainment of the
ozone standard and maintenance areas.
See the SIP requirements for the 2015
ozone NAAQS in EPA’s December 6,
2018 implementation rule (83 FR
62998). These control strategy SIPs
(including reasonable further progress
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plans and attainment plans) and
maintenance plans must include MVEBs
for criteria pollutants, including ozone,
and their precursor pollutants (VOC and
NOX for ozone) to address pollution
from onroad transportation sources. The
MVEBs are the portion of the total
allowable emissions that are allocated to
highway and transit vehicle use that,
together with emissions from other
sources in the area, will provide for
attainment or maintenance. See 40 CFR
93.101.
Under 40 CFR part 93, a MVEB for an
area seeking a redesignation to
attainment must be established, at
minimum, for the last year of the
maintenance plan. A state may adopt
MVEBs for other years as well. The
MVEB serves as a ceiling on emissions
from an area’s planned transportation
system. The MVEB concept is further
explained in the preamble to the
November 24, 1993, Transportation
Conformity Rule (58 FR 62188). The
preamble also describes how to
establish the MVEB in the SIP and how
to revise the MVEB, if needed,
subsequent to initially establishing a
MVEB in the SIP.
B. What is the status of EPA’s adequacy
determination for the proposed VOC
and NOX MVEBs for the Columbus area?
When reviewing submitted control
strategy SIPs or maintenance plans
containing MVEBs, EPA must
affirmatively find that the MVEBs
contained therein are adequate for use
in determining transportation
conformity. Once EPA affirmatively
finds that the submitted MVEBs are
adequate for transportation purposes,
the MVEBs must be used by state and
Federal agencies in determining
whether proposed transportation
projects conform to the SIP as required
by section 176(c) of the CAA.
EPA’s substantive criteria for
determining adequacy of a MVEB are set
out in 40 CFR 93.118(e)(4). The process
for determining adequacy consists of
three basic steps: Public notification of
a SIP submission; provision for a public
comment period; and EPA’s adequacy
determination. This process for
determining the adequacy of submitted
MVEBs for transportation conformity
purposes was initially outlined in EPA’s
May 14, 1999 guidance, ‘‘Conformity
Guidance on Implementation of March
2, 1999, Conformity Court Decision.’’
EPA adopted regulations to codify the
adequacy process in the Transportation
Conformity Rule Amendments for the
‘‘New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and
Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule
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Amendments—Response to Court
Decision and Additional Rule Change,’’
on July 1, 2004 (69 FR 40004).
Additional information on the adequacy
process for transportation conformity
purposes is available in the proposed
rule titled, ‘‘Transportation Conformity
Rule Amendments: Response to Court
Decision and Additional Rule Changes,’’
68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, Ohio’s
maintenance plan includes NOX and
VOC MVEBs for the Columbus area for
2030 and 2023, the last year of the
maintenance period and an interim
year. EPA reviewed the VOC and NOX
MVEBs through the adequacy process.
Ohio’s April 23, 2019 maintenance plan
SIP submission, including the VOC and
NOX MVEBs for the Columbus area was
open for public comment on EPA’s
adequacy website on May 2, 2019,
found at: https://www.epa.gov/stateand-local-transportation/stateimplementation-plans-sip-submissionscurrently-under-epa. The EPA public
comment period on adequacy of the
2020 and 2030 MVEBs for the Columbus
area closed on June 1, 2019. No
comments on the adequacy submittal
were received during the comment
period. The submitted maintenance
plan, which included the MVEBs, was
endorsed by the Governor’s designee
and was subject to a state public
hearing. The MVEBS were developed as
part of an interagency consultation
process which includes Federal, state,
and local agencies. The MVEBS were
clearly identified and precisely
quantified. These MVEBs, when
considered together with all other
emissions sources, are consistent with
maintenance of the 2015 ozone NAAQS.
TABLE 12—MVEBS FOR THE COLUMBUS AREA (TPSD)
Attainment
year 2016
onroad
emissions
VOC .............................
NOX ..............................
2023
estimated
onroad
emissions
37.50
51.90
24.93
25.46
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As shown in Table 12, the 2023 and
2030 MVEBs exceed the estimated 2023
and 2030 onroad sector emissions. In an
effort to accommodate future variations
in travel demand models and vehicle
miles traveled forecast, Ohio EPA
allocated a portion of the safety margin
(described further below) to the mobile
sector. Ohio has demonstrated that the
Columbus area can maintain the 2015
ozone NAAQS with mobile source
emissions at or below 28.67 TPSD and
22.03 TPSD of VOC and 29.28 TPSD and
20.98 TPSD of NOX in 2023 and 2030,
respectively, since despite partial
allocation of the safety margin,
emissions will remain under attainment
year emission levels. EPA finds
adequate and is proposing to approve
the MVEBs for use to determine
transportation conformity in the
Columbus area, because EPA has
determined that the area can maintain
attainment of the 2015 ozone NAAQS
for the relevant maintenance period
with mobile source emissions at the
levels of the MVEBs.
C. What is a safety margin?
A ‘‘safety margin’’ is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. As
noted in Table 11, the emissions in the
Columbus area are projected to have
safety margins of 41.03 TPSD for NOX
and 19.33 TPSD for VOC in 2030 (the
difference between the attainment year,
2016, emissions and the projected 2030
emissions for all sources in the
Columbus area). Similarly, there is a
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2023
mobile
safety
margin
allocation
2023
MVEBs
3.74
3.82
28.67
29.28
safety margin of 31.63 TPSD for NOX
and 14.54 TPSD for VOC in 2023. Even
if emissions exceeded projected levels
by the full amount of the safety margin,
the counties would still demonstrate
maintenance since emission levels
would equal those in the attainment
year.
As shown in Table 12 above, Ohio is
allocating a portion of that safety margin
to the mobile source sector. Specifically,
in 2023, Ohio is allocating 3.74 TPSD
and 3.82 TPSD of the VOC and NOX
safety margins, respectively. In 2030,
Ohio is allocating 2.87 TPSD and 2.74
TPSD of the VOC and NOX safety
margins, respectively. Ohio EPA is not
requesting allocation to the MVEBs of
the entire available safety margins
reflected in the demonstration of
maintenance. In fact, the amount
allocated to the MVEBs represents only
a small portion of the 2023 and 2030
safety margins. Therefore, even though
the State is requesting MVEBs that
exceed the projected onroad mobile
source emissions for 2023 and 2030
contained in the demonstration of
maintenance, the permissible level of
onroad mobile source emissions that
can be considered for transportation
conformity purposes is well within the
safety margins of the ozone maintenance
demonstration. Further, once allocated
to mobile sources, these safety margins
will not be available for use by other
sources.
VI. Proposed Actions
EPA is proposing to determine that
the Columbus nonattainment is
attaining the 2015 ozone NAAQS, based
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2030
estimated
onroad
emissions
19.16
18.24
2030
mobile
safety
margin
allocation
2.87
2.74
2030
MVEBs
22.03
20.98
on quality-assured and certified
monitoring data for 2016–2018 and the
area has met the requirements for
redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus proposing to
change the legal designation of the
Columbus area from nonattainment to
attainment for the 2015 ozone NAAQS.
EPA is also proposing to approve, as a
revision to the Ohio SIP, the state’s
maintenance plan for the area. The
maintenance plan is designed to keep
the Columbus area in attainment of the
2015 ozone NAAQS through 2030.
Finally, EPA finds adequate and is
proposing to approve the newlyestablished 2023 and 2030 MVEBs for
the Columbus area.
VII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
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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);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
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tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: June 13, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019–14154 Filed 7–2–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0008; FRL–9996–
05–Region 3]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Strasburg Landfill Superfund
Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 3 is issuing a
Notice of Intent to Delete the Strasburg
Landfill Superfund Site (Site) located in
Newlin and West Bradford Townships,
Chester County, Pennsylvania from the
National Priorities List (NPL) and
requests public comments on this
proposed action. The NPL, promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the Commonwealth of Pennsylvania,
through the Pennsylvania Department of
Environmental Protection (PADEP,
Southeast Region), have determined that
all appropriate response actions under
CERCLA, other than operation and
maintenance (O&M), monitoring, and
Five-Year Reviews, have been
completed. However, this deletion does
not preclude future actions under
Superfund.
SUMMARY:
PO 00000
Frm 00081
Fmt 4702
Sfmt 4702
Comments must be received by
August 2, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1989–0008, by one of the
following methods:
• https://www.regulations.gov.
Follow on-line instructions for
submitting comments. 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
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
• Email: greaves.david@epa.gov.
• Mail: USEPA Region III, 1650 Arch
Street, Philadelphia, PA 19103.
• Hand delivery: USEPA Region III,
1650 Arch Street, Philadelphia, PA
19103. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1989–
0008. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov website is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov, your email
DATES:
E:\FR\FM\03JYP1.SGM
03JYP1
]]>Agencies
[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Proposed Rules]
[Pages 31814-31826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14154]
[[Page 31814]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2019-0239; FRL-9995-66-Region 5]
Air Plan Approval; Ohio; Redesignation of the Columbus, Ohio Area
to Attainment of the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to find
that the Columbus, Ohio area is attaining the 2015 ozone National
Ambient Air Quality Standard (NAAQS or standard) and to act in
accordance with a request from the Ohio Environmental Protection Agency
(Ohio EPA) to redesignate the area to attainment for the 2015 ozone
NAAQS because the request meets the statutory requirements for
redesignation under the Clean Air Act (CAA). The Columbus area includes
Delaware, Fairfield, Franklin, and Licking Counties. Ohio EPA submitted
this request on April 23, 2019. EPA is also proposing to approve, as a
revision to the Ohio State Implementation Plan (SIP), the State's plan
for maintaining the 2015 ozone NAAQS through 2030 in the Columbus area.
Finally, EPA finds adequate and is proposing to approve Ohio's 2023 and
2030 volatile organic compound (VOC) and oxides of nitrogen
(NOX) Motor Vehicle Emission Budgets (MVEBs) for the
Columbus area.
DATES: Comments must be received on or before August 2, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0239 at https://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
[email protected].
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 is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Ohio's redesignation request?
A. Has the Columbus area attained the 2015 8-hour ozone NAAQS?
B. Has Ohio met all applicable requirements of section 110 and
part D of the CAA for the Columbus area, and does Ohio have a fully
approved SIP for the area under section 110(k) of the CAA?
C. Are the air quality improvements in the Columbus area due to
permanent and enforceable emission reductions?
D. Does Ohio have a fully approvable ozone maintenance plan for
the Columbus area?
V. Has the state adopted approvable motor vehicle emission budgets?
A. Motor Vehicle Emission Budgets
B. What is the status of EPA's adequacy determination for the
proposed VOC and NOX MVEBs for the Columbus area?
C. What is a safety margin?
VI. Proposed Actions
VII. Statutory and Executive Order Reviews
I. What is EPA proposing?
EPA is proposing to take several related actions. EPA is proposing
to determine that the Columbus nonattainment area is attaining the 2015
ozone NAAQS, based on quality-assured and certified monitoring data for
2016-2018 and that this area has met the requirements for redesignation
under section 107(d)(3)(E) of the CAA. EPA is thus proposing to change
the legal designation of the Columbus area from nonattainment to
attainment for the 2015 ozone NAAQS. EPA is also proposing to approve,
as a revision to the Ohio SIP, the state's maintenance plan (such
approval being one of the CAA criteria for redesignation to attainment
status) for the area. The maintenance plan is designed to keep the
Columbus area in attainment of the 2015 ozone NAAQS through 2030.
Finally, EPA finds adequate and is proposing to approve the newly-
established 2023 and 2030 MVEBs for the Columbus area. The comment
period for the adequacy of the MVEBs began on May 2, 2019, with EPA's
posting of the availability of the submittal on EPA's Adequacy website
(at https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa). The comment
period ended on June 1, 2019. EPA did not receive any requests for this
submittal, or adverse comments on this adequacy submittal. In a letter
dated June 5, 2019, EPA informed Ohio EPA that we found the 2023 and
2030 MVEBs to be adequate for use in transportation conformity
analyses. Please see section V. B. of this rulemaking, ``What is the
status of EPA's adequacy determination for the proposed VOC and
NOX MVEBs for the Columbus area,'' for further explanation
of this process. Based on the above, we find adequate, and are
proposing to approve, the State's 2023 and 2030 MVEBs for
transportation conformity purposes.
II. What is the background for these actions?
EPA has determined that ground-level ozone is detrimental to human
health. On October 1, 2015, EPA promulgated a revised 8-hour ozone
NAAQS of 0.070 parts per million (ppm). See 80 FR 65292 (October 26,
2015). Under EPA's regulations at 40 CFR part 50, the 2015 ozone NAAQS
is attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average concentration is equal to or less
than 0.070 ppm, when truncated after the thousandth decimal place, at
all of the ozone monitoring sites in the area. See 40 CFR 50.19 and
appendix U to 40 CFR part 50.
Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires EPA to designate as nonattainment any areas that
are violating the NAAQS, based on the most recent 3 years of quality
assured ozone monitoring data. The Columbus area was designated as a
marginal nonattainment area for the 2015 ozone NAAQS on June 4, 2018
(83 FR 25776) (effective August 3, 2018).
III. What are the criteria for redesignation?
Section 107(d)(3)(E) of the CAA allows redesignation of an area to
[[Page 31815]]
attainment of the NAAQS provided that: (1) The Administrator (EPA)
determines that the area has attained the NAAQS; (2) the Administrator
has fully approved the applicable implementation plan for the area
under section 110(k) of the CAA; (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP, applicable Federal air pollutant control regulations, and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area as meeting the
requirements of section 175A of the CAA; and (5) the state containing
the area has met all requirements applicable to the area for the
purposes of redesignation under section 110 and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignations in the
General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:
1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, Director, Technical Support Division, June
18, 1990;
2. ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the ``Calcagni Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
6. ``Technical Support Documents (TSDs) for Redesignation of Ozone
and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G.T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
7. ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
9. ``Part D New Source Review (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and
10. ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, May 10, 1995.
IV. What is EPA's analysis of Ohio's redesignation request?
A. Has the Columbus area attained the 2015 ozone NAAQS?
For redesignation of a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2015
ozone NAAQS if it meets the 2015 ozone NAAQS, as determined in
accordance with 40 CFR 50.15 and appendix U of part 50, based on 3
complete, consecutive calendar years of quality-assured air quality
data for all monitoring sites in the area. To attain the NAAQS, the 3-
year average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations (ozone design values) at each monitor must not
exceed 0.070 ppm. The air quality data must be collected and quality-
assured in accordance with 40 CFR part 58 and recorded in EPA's Air
Quality System (AQS). Ambient air quality monitoring data for the 3-
year period must also meet data completeness requirements. An ozone
design value is valid if daily maximum 8-hour average concentrations
are available for at least 90% of the days within the ozone monitoring
seasons,\1\ on average, for the 3-year period, with a minimum data
completeness of 75% during the ozone monitoring season of any year
during the 3-year period. See section 4 of appendix U to 40 CFR part
50.
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\1\ The ozone season is defined by state in 40 CFR 58 appendix
D. The ozone season for Ohio is March-October. See, 80 FR 65292,
65466-67 (October 26, 2015).
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EPA has reviewed the available ozone monitoring data from
monitoring sites in the Columbus area for the 2016-2018 period. These
data have been quality assured, are recorded in the AQS, and have been
certified. These data demonstrate that the Columbus area is attaining
the 2015 ozone NAAQS. The annual fourth-highest 8-hour ozone
concentrations and the 3-year average of these concentrations
(monitoring site ozone design values) for each monitoring site are
summarized in Table 1.
Table 1--Annual Fourth High Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth High
Daily Maximum 8-Hour Ozone Concentrations for the Columbus Area
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Fourth high 2016-2018
County Monitor Year % Observed (ppm) average (ppm)
----------------------------------------------------------------------------------------------------------------
Delaware........................ 39-041-0002 2016 98 0.067 0.064
2017 99 0.060
2018 99 0.066
Franklin........................ 39-049-0029 2016 99 0.072 0.069
2017 100 0.070
2018 100 0.066
[[Page 31816]]
39-049-0037 2016 97 0.067 N/A
2017 99 0.066
2018 * ..............
39-049-0081 2016 100 0.071 0.066
2017 99 0.064
2018 100 0.063
Licking......................... 39-089-0005 2016 99 0.067 0.064
2017 100 0.065
2018 99 0.061
39-089-0008 2016 .............. .............. N/A
.............. 2017 ** ..............
.............. 2018 99 0.064
----------------------------------------------------------------------------------------------------------------
* Site terminated effective 12/31/17. The 2014-2016 and 2015-2017 design values at the site were 0.066 and
0.065, respectively.
** Site began operation 3/1/18.
The Columbus area's 3-year ozone design value for 2016-2018 is
0.069 ppm,\2\ which meets the 2015 ozone NAAQS. Therefore, in today's
action, EPA proposes to determine that the Columbus area is attaining
the 2015 ozone NAAQS.
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\2\ The monitor ozone design value for the monitor with the
highest 3-year averaged concentration.
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EPA will not take final action to determine that the Columbus area
is attaining the NAAQS nor to approve the redesignation of this area if
the design value of a monitoring site in the area violates the NAAQS
after proposal but prior to final approval of the redesignation.
Preliminary 2019 data to date indicate that this area continues to
attain the 2015 ozone NAAQS. As discussed in section IV.D.3. below,
Ohio EPA has committed to continue monitoring ozone in this area to
verify maintenance of the 2015 ozone NAAQS.
B. Has Ohio met all applicable requirements of section 110 and part D
of the CAA for the Columbus area, and does Ohio have a fully approved
SIP for the area under section 110(k) of the CAA?
As criteria for redesignation of an area from nonattainment to
attainment of a NAAQS, the CAA requires EPA to determine that the state
has met all applicable requirements under section 110 and part D of
title I of the CAA (see section 107(d)(3)(E)(v) of the CAA) and that
the state has a fully approved SIP under section 110(k) of the CAA (see
section 107(d)(3)(E)(ii) of the CAA). EPA finds that Ohio has met all
applicable SIP requirements, for purposes of redesignation, under
section 110 and part D of title I of the CAA (requirements specific to
nonattainment areas for the 2015 ozone NAAQS). Additionally, EPA finds
that all applicable requirements of the Ohio SIP for the area have been
fully approved under section 110(k) of the CAA. In making these
determinations, EPA ascertained which CAA requirements are applicable
to the Columbus area and the Ohio SIP and, if applicable, whether the
required Ohio SIP elements are fully approved under section 110(k) and
part D of the CAA. As discussed more fully below, SIPs must be fully
approved only with respect to currently applicable requirements of the
CAA.
The September 4, 1992 Calcagni memorandum (see ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) describes EPA's interpretation of section
107(d)(3)(E) of the CAA. Under this interpretation, a state and the
area it wishes to redesignate must meet the relevant CAA requirements
that are due prior to the state's submittal of a complete redesignation
request for the area. See also the September 17, 1993, Michael Shapiro
memorandum and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of
Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone NAAQS).
Applicable requirements of the CAA that come due subsequent to the
state's submittal of a complete request remain applicable until a
redesignation to attainment is approved, but are not required as a
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to
attainment of the 1-hour ozone NAAQS).
1. Ohio has met all applicable requirements of section 110 and part
D of the CAA applicable to the Columbus area for purposes of
redesignation.
a. Section 110 General Requirements for Implementation Plans
Section 110(a)(2) of the CAA delineates the general requirements
for a SIP. Section 110(a)(2) provides that the SIP must have been
adopted by the state after reasonable public notice and hearing, and
that, among other things, it must: (1) Include enforceable emission
limitations and other control measures, means or techniques necessary
to meet the requirements of the CAA; (2) provide for establishment and
operation of appropriate devices, methods, systems and procedures
necessary to monitor ambient air quality; (3) provide for
implementation of a source permit program to regulate the modification
and construction of stationary sources within the areas covered by the
plan; (4) include provisions for the implementation of part C
prevention of significant deterioration (PSD) and part D new source
review (NSR) permit programs; (5) include provisions for stationary
source emission control measures, monitoring, and reporting; (6)
include provisions for air quality modeling; and, (7) provide for
public and local agency participation in planning and emission control
rule development.
Section 110(a)(2)(D) of the CAA requires SIPs to contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address transport of
certain
[[Page 31817]]
air pollutants, e.g., NOX SIP call.\3\ However, like many of
the 110(a)(2) requirements, the section 110(a)(2)(D) SIP requirements
are not linked with a particular area's ozone designation and
classification. EPA concludes that the SIP requirements linked with the
area's ozone designation and classification are the relevant measures
to evaluate when reviewing a redesignation request for the area. The
section 110(a)(2)(D) requirements, where applicable, continue to apply
to a state regardless of the designation of any one particular area
within the state. Thus, we believe these requirements are not
applicable requirements for purposes of redesignation. See 65 FR 37890
(June 15, 2000), 66 FR 50399 (October 19, 2001), 68 FR 25418, 25426-27
(May 13, 2003).
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\3\ On October 27, 1992 (63 FR 57356), EPA issued a
NOX SIP call requiring the District of Columbia and 22
states to reduce emissions of NOX in order to reduce the
transport of ozone and ozone precursors. In compliance with EPA's
NOX SIP call, Ohio developed rules governing the control
of NOX emissions from Electric Generating Units (EGUs),
major non-EGU industrial boilers and turbines, and major cement
kilns. EPA approved Ohio's rules as fulfilling Phase I of the
NOX SIP Call on August 5, 2003 (68 FR 46089) and June 27,
2005 (70 FR 36845), and as meeting Phase II of the NOX
SIP Call on February 4, 2008 (73 FR 6427).
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In addition, EPA believes that other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's ozone attainment status are not applicable requirements for
purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated to attainment of the 2008
ozone NAAQS. The section 110 and part D requirements which are linked
with a particular area's designation and classification are the
relevant measures to evaluate in reviewing a redesignation request.
This approach is consistent with EPA's existing policy on applicability
(i.e., for redesignations) of conformity and oxygenated fuels
requirements, as well as with section 184 ozone transport requirements.
See Reading, Pennsylvania proposed and final rulemakings, 61 FR 53174-
53176 (October 10, 1996) and 62 FR 24826 (May 7, 1997); Cleveland-
Akron-Loraine, Ohio final rulemaking, 61 FR 20458 (May 7, 1996); and
Tampa, Florida final rulemaking, 60 FR 62748 (December 7, 1995). See
also the discussion of this issue in the Cincinnati, Ohio ozone
redesignation (65 FR 37890, June 19, 2000), and the Pittsburgh,
Pennsylvania ozone redesignation (66 FR 50399, October 19, 2001).
We have reviewed Ohio's SIP and have concluded that it meets the
general SIP requirements under section 110 of the CAA, to the extent
those requirements are applicable for purposes of redesignation.\4\
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\4\ EPA has previously approved provisions of the Ohio SIP
addressing section 110 elements under the 2008 ozone NAAQS (79 FR
62019, October 16, 2014 and 83 FR 21719 May 10, 2018). In addition,
on September 28, 2018, Ohio EPA submitted a SIP to meet the
requirements of section 110 for the 2015 ozone NAAQS. The
requirements of section 110(a)(2), however, are statewide
requirements that are not linked to the 2015 ozone NAAQS
nonattainment status of the Columbus area. Therefore, EPA concludes
that these infrastructure requirements are not applicable
requirements for purposes of review of the state's 2015 ozone NAAQS
redesignation request.
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b. Part D Requirements
Section 172(c) of the CAA sets forth the basic requirements of air
quality plans for states with nonattainment areas that are required to
submit them pursuant to section 172(b). Subpart 2 of part D, which
includes section 182 of the CAA, establishes specific requirements for
ozone nonattainment areas depending on the areas' nonattainment
classifications.
The Columbus area was classified as marginal under subpart 2 for
the 2015 ozone NAAQS. As such, the area is subject to the subpart 1
requirements contained in section 172(c) and section 176. Similarly,
the area is subject to the subpart 2 requirements contained in section
182(a) (marginal nonattainment area requirements). A thorough
discussion of the requirements contained in section 172(c) and 182 can
be found in the General Preamble for Implementation of Title I (57 FR
13498).
i. Subpart 1 Section 172 Requirements
CAA Section 172(b) requires states to submit SIPs meeting the
requirements of section 172(c) no later than 3 years from the date of
the nonattainment designation. For the Columbus nonattainment area,
SIPs required under CAA section 172 are due August 3, 2021. No
requirements applicable for purposes of redesignation under part D
became due prior to Ohio EPA's submission of the complete redesignation
request, and, therefore, none are applicable to the area for purposes
of redesignation.
EPA has previously approved Ohio's NSR program on January 10, 2003
(68 FR 1366) and February 25, 2010 (75 FR 8496). Nonetheless, EPA has
determined that, since PSD requirements will apply after redesignation,
areas being redesignated need not comply with the requirement that a
NSR program be approved prior to redesignation, provided that the area
demonstrates maintenance of the NAAQS without part D NSR. A more
detailed rationale for this view is described in a memorandum from Mary
Nichols, Assistant Administrator for Air and Radiation, dated October
14, 1994, entitled, ``Part D New Source Review Requirements for Areas
Requesting Redesignation to Attainment.'' Ohio has demonstrated that
the Columbus area will be able to maintain the 2015 ozone NAAQS without
part D NSR in effect; therefore, EPA concludes that the state need not
have a fully approved part D NSR program prior to approval of the
redesignation request. See rulemakings for Detroit, Michigan (60 FR
12467-12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458,
20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665, October
23, 2001); and Grand Rapids, Michigan (61 FR 31834-31837, June 21,
1996). Ohio's PSD program will become effective in the Columbus area
upon redesignation to attainment. EPA approved Ohio's PSD program on
January 22, 2003 (68 FR 2909) and February 25, 2010 (75 FR 8496).
ii. Section 176 Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs and projects that are developed, funded or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other Federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
that EPA promulgated pursuant to its authority under the CAA.
EPA interprets the conformity SIP requirements \5\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state conformity rules have
not been
[[Page 31818]]
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation
of Tampa, Florida). Nonetheless, Ohio has an approved conformity SIP
for the Columbus area. See 80 FR 11133 (March 2, 2015).
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\5\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from SIPs requiring the development of Motor
Vehicle Emission Budgets (MVEBs), such as control strategy SIPs and
maintenance plans.
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iii. Section 182(a) Requirements
Section 182(a)(1) requires states to submit a comprehensive,
accurate, and current inventory of actual emissions from sources of VOC
and NOX emitted within the boundaries of the ozone
nonattainment area within two years of designation. For the Columbus
area, this submission is due August 3, 2020. Because it will become due
after Ohio's submission of a complete redesignation request for the
Columbus area, it is not an applicable requirement for purposes of
redesignation.
Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC reasonably available control technology
(RACT) rules that were required under section 172(b)(3) prior to the
1990 CAA amendments. The Columbus area is not subject to the section
182(a)(2) RACT ``fix up'' requirement for the 2015 ozone NAAQS because
it was designated as nonattainment for this standard after the
enactment of the 1990 CAA amendments and because Ohio complied with
this requirement for the Columbus area under the prior 1-hour ozone
NAAQS. See 59 FR 23796 (May 9, 1994) and 60 FR 15235 (March 23, 1995).
Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented or was required to implement a
vehicle inspection and maintenance (I/M) program prior to the 1990 CAA
amendments to submit a SIP revision for an I/M program no less
stringent than that required prior to the 1990 CAA amendments or
already in the SIP at the time of the CAA amendments, whichever is more
stringent. For the purposes of the 2015 ozone NAAQS and the
consideration of Ohio's redesignation request for this standard, the
Columbus area is not subject to the section 182(a)(2)(B) requirement
because the Columbus area was designated as nonattainment for the 2015
ozone NAAQS after the enactment of the 1990 CAA amendments.
Section 182(a)(2)(C), under the heading ``Corrections to the State
implementation plans--Permit programs'' contains a requirement for
states to submit NSR SIP revisions to meet the requirements of CAA
sections 172(c)(5) and 173 within 2 years after the date of enactment
of the 1990 CAA Amendments. For the purposes of the 2015 ozone NAAQS
and the consideration of Ohio's redesignation request for this
standard, the Columbus area is not subject to the section 182(a)(2)(C)
requirement because the Columbus area was designated as nonattainment
for the 2015 ozone NAAQS after the enactment of the 1990 CAA
amendments.
Section 182(a)(4) specifies the emission offset ratio for marginal
areas but does not establish a SIP submission deadline. EPA's December
6, 2018 implementation rule for the 2015 ozone NAAQS clarifies that
nonattainment NSR permit program requirements applicable to the 2015
NAAQS are due 3 years from the effective date of the nonattainment
designation, i.e., August 3, 2021. See 83 FR 62998, 63001. This
approach is based on the provision in CAA section 172(b) requiring the
submission of plans or plan revisions ``no later than 3 years from the
date of the nonattainment designation.'' Because this requirement will
become due after Ohio's submission of a complete redesignation request
for the Columbus area, it is not an applicable requirement for purposes
of redesignation.
While Ohio has not submitted a nonattainment NSR SIP revision to
address the 2015 ozone NAAQS, Ohio currently has a fully-approved part
D NSR program in place. In addition, EPA approved Ohio's PSD program on
January 22, 2003 (68 FR 2909) and February 25, 2010 (75 FR 8496). As
discussed above, Ohio has demonstrated that the Columbus area will be
able to maintain the 2015 ozone NAAQS without part D NSR in effect;
therefore, EPA concludes that the state need not have a fully approved
part D NSR program prior to approval of the redesignation request. The
state's PSD program will become effective in the Columbus area upon
redesignation to attainment.
Section 182(a)(3) requires states to submit periodic emission
inventories and a revision to the SIP to require the owners or
operators of stationary sources to annually submit emission statements
documenting actual VOC and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule, Ohio will continue to update
its emissions inventory at least once every 3 years. With regard to
stationary source emission statements, this submission is due August 3,
2020. Because it will become due after Ohio's submission of a complete
redesignation request for the Columbus area, it is not an applicable
requirement for purposes of redesignation.
Therefore, EPA finds that the Columbus area has satisfied all
applicable requirements for purposes of redesignation under section 110
and part D of title I of the CAA.
2. The Columbus area has a fully approved SIP for purposes of
redesignation under section 110(k) of the CAA.
At various times, Ohio has adopted and submitted, and EPA has
approved, provisions addressing the various SIP elements applicable for
the ozone NAAQS. As discussed above, EPA has fully approved the Ohio
SIP for the Columbus area under section 110(k) for all requirements
applicable for purposes of redesignation under the 2015 ozone NAAQS.
EPA may rely on prior SIP approvals in approving a redesignation
request (see the Calcagni memorandum at page 3; Southwestern
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-990 (6th
Cir. 1998); Wall v. EPA, 265 F.3d 426), plus any additional measures it
may approve in conjunction with a redesignation action (see 68 FR 25426
(May 12, 2003) and citations therein).
C. Are the air quality improvements in the Columbus area due to
permanent and enforceable emission reductions?
To redesignate an area from nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from the implementation of the SIP
and applicable Federal air pollution control regulations and other
permanent and enforceable emission reductions. EPA has determined that
Ohio has demonstrated that that the observed ozone air quality
improvement in the Columbus area is due to permanent and enforceable
reductions in VOC and NOX emissions resulting from state
measures adopted into the SIP and Federal measures.
In making this demonstration, the state has calculated the change
in emissions between 2014 and 2016. The reduction in emissions and the
corresponding improvement in air quality over this time period can be
attributed to a number of regulatory control measures that the Columbus
area and upwind areas have implemented in recent years. In addition,
Ohio EPA provided an analysis to demonstrate the
[[Page 31819]]
improvement in air quality was not due to unusually favorable
meteorology. Based on the information summarized below, EPA finds that
Ohio has adequately demonstrated that the improvement in air quality is
due to permanent and enforceable emissions reductions.
1. Permanent and enforceable emission controls implemented.
a. Regional NOX Controls
Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule
(CSAPR). CAIR created regional cap-and-trade programs to reduce sulfur
dioxide (SO2) and NOX emissions in 27 eastern
states, including Ohio, that contributed to downwind nonattainment and
maintenance of the 1997 ozone NAAQS and the 1997 fine particulate
matter (PM2.5) NAAQS. See 70 FR 25162 (May 12, 2005). EPA
approved Ohio's CAIR regulations into the Ohio SIP on February 1, 2008
(73 FR 6034), and September 25, 2009 (74 FR 48857). In 2008, the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) initially vacated CAIR, North Carolina v. EPA, 531 F.3d 896
(D.C. Cir. 2008), but ultimately remanded the rule to EPA without
vacatur to preserve the environmental benefits provided by CAIR, North
Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8,
2011 (76 FR 48208), acting on the D.C. Circuit's remand, EPA
promulgated CSAPR to replace CAIR and thus addressed the interstate
transport of emissions contributing to nonattainment and interfering
with maintenance of the two air quality standards covered by CAIR as
well as the 2006 PM2.5 NAAQS. CSAPR requires substantial
reductions of SO2 and NOX emissions from electric
generating units (EGUs) in 28 states in the Eastern United States.
The D.C. Circuit's initial vacatur of CSAPR \6\ was reversed by the
United States Supreme Court on April 29, 2014, and the case was
remanded to the D.C. Circuit to resolve remaining issues in accordance
with the high court's ruling. EPA v. EME Homer City Generation, L.P.,
134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in
most respects, but invalidated without vacating some of the CSAPR
budgets as to a number of states. EME Homer City Generation, L.P. v.
EPA, 795 F.3d 118 (D.C. Cir. 2015). The remanded budgets include the
Phase 2 NOX ozone season emissions budgets for Ohio. On
September 7, 2016, in response to the remand, EPA finalized an update
to CSAPR requiring further reductions in NOX emissions from
EGUs beginning in May 2017. This final rule was projected to result in
a 20% reduction in ozone season NOX emissions from EGUs in
the eastern United States, a reduction of 800,000 tons in 2017 compared
to 2015 levels.
---------------------------------------------------------------------------
\6\ EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C.
Cir. 2012).
---------------------------------------------------------------------------
There are no EGUs in the Columbus area. However, the reduction in
NOX emissions from the implementation of CSAPR results in
lower concentration of transported ozone entering the Columbus area
upon implementation of the phase 2 budgets in 2017 and throughout the
maintenance period.
b. Federal Emission Control Measures
Reductions in VOC and NOX emissions have occurred
statewide and in upwind areas as a result of Federal emission control
measures, with additional emission reductions expected to occur in the
future. Federal emission control measures include the following.
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2
motor vehicle emission standards and gasoline sulfur control
requirements. These emission control requirements result in lower VOC
and NOX emissions from new cars and light duty trucks,
including sport utility vehicles. With respect to fuels, this rule
required refiners and importers of gasoline to meet lower standards for
sulfur in gasoline, which were phased in between 2004 and 2006. By
2006, refiners were required to meet a 30 ppm average sulfur level,
with a maximum cap of 80 ppm. This reduction in fuel sulfur content
ensures the effectiveness of low emission-control technologies. The
Tier 2 tailpipe standards established in this rule were phased in for
new vehicles between 2004 and 2009. EPA estimates that, when fully
implemented, this rule will cut NOX and VOC emissions from
light-duty vehicles and light-duty trucks by approximately 76 and 28%,
respectively. NOX and VOC reductions from medium-duty
passenger vehicles included as part of the Tier 2 vehicle program are
estimated to be approximately 37,000 and 9,500 tons per year,
respectively, when fully implemented. As projected by these estimates
and demonstrated in the onroad emission modeling for the Columbus area,
much of these emission reductions occurred by the attainment years and
additional emission reductions will occur throughout the maintenance
period, as older vehicles are replaced with newer, compliant model
years.
Tier 3 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3
motor vehicle emission and fuel standards to reduces both tailpipe and
evaporative emissions and to further reduce the sulfur content in
fuels. The rule will be phased in between 2017 and 2025. Tier 3 sets
new tailpipe standards for the sum of VOC and NOX and for
particulate matter. The VOC and NOX tailpipe standards for
light-duty vehicles represent approximately an 80% reduction from
today's fleet average and a 70% reduction in per-vehicle particulate
matter (PM) standards. Heavy-duty tailpipe standards represent about a
60% reduction in both fleet average VOC and NOX and per-
vehicle PM standards. The evaporative emissions requirements in the
rule will result in approximately a 50% reduction from current
standards and apply to all light-duty and onroad gasoline-powered
heavy-duty vehicles. Finally, the rule lowers the sulfur content of
gasoline to an annual average of 10 ppm by January 2017. As projected
by these estimates and demonstrated in the onroad emission modeling for
the Columbus area, some of these emission reductions occurred by the
attainment years and additional emission reductions will occur
throughout the maintenance period, as older vehicles are replaced with
newer, compliant model years.
Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for
onroad heavy-duty diesel engines that includes standards limiting the
sulfur content of diesel fuel. Emissions standards for NOX,
VOC and PM were phased in between model years 2007 and 2010. In
addition, the rule reduced the highway diesel fuel sulfur content to 15
parts per million by 2007, leading to additional reductions in
combustion NOX and VOC emissions. EPA has estimated future
year emission reductions due to implementation of this rule.
Nationally, EPA estimated that 2015 NOX and VOC emissions
would decrease by 1,260,000 tons and 54,000 tons, respectively.
Nationally, EPA estimated that by 2030 NOX and VOC emissions
will decrease by 2,570,000 tons and 115,000 tons, respectively. As
projected by these estimates and demonstrated in the onroad emission
modeling for the Columbus area, some of these emission reductions
occurred by the attainment years and additional emission reductions
will occur throughout the maintenance period, as older vehicles are
replaced with newer, compliant model years.
Nonroad Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a
rule adopting emissions standards for nonroad diesel engines and sulfur
[[Page 31820]]
reductions in nonroad diesel fuel. This rule applies to diesel engines
used primarily in construction, agricultural, and industrial
applications. Emission standards are phased in for 2008 through 2015
model years based on engine size. The SO2 limits for nonroad
diesel fuels were phased in from 2007 through 2012. EPA estimates that
when fully implemented, compliance with this rule will cut
NOX emissions from these nonroad diesel engines by
approximately 90%. As projected by these estimates and demonstrated in
the nonroad emission modeling for the Columbus area, some of these
emission reductions occurred by the attainment years and additional
emission reductions will occur throughout the maintenance period.
Nonroad Spark-Ignition Engines and Recreational Engine Standards.
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines. These emission standards are phased
in from model year 2004 through 2012. When fully implemented, EPA
estimates an overall 72% reduction in VOC emissions from these engines
and an 80% reduction in NOX emissions. As projected by these
estimates and demonstrated in the nonroad emission modeling for the
Columbus area, some of these emission reductions occurred by the
attainment years and additional emission reductions will occur
throughout the maintenance period.
Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896) EPA issued emission standards for marine compression-ignition
engines at or above 30 liters per cylinder. Tier 2 emission standards
apply beginning in 2011, and are expected to result in a 15 to 25%
reduction in NOX emissions from these engines. Final Tier 3
emission standards apply beginning in 2016 and are expected to result
in approximately an 80% reduction in NOX from these engines.
As projected by these estimates and demonstrated in the nonroad
emission modeling for the Columbus area, some of these emission
reductions occurred by the attainment years and additional emission
reductions will occur throughout the maintenance period.
2. Emission reductions.
Ohio is using a 2014 emissions inventory as the nonattainment year.
This is appropriate because it was one of the years used to designate
the area as nonattainment. Ohio is using 2016 as the attainment year,
which is appropriate because it is one of the years in the 2016-2018
period used to demonstrate attainment.
Area and nonroad mobile emissions were collected from data
available on EPA's Air Emissions Modeling website.\7\ Using Emissions
Modeling platform 2011v6.3, Ohio EPA collected data for the 2011
National Emissions Inventory (NEI) year, version 2011el, and the 2017
projected inventory, version 2017ek. Tons per summer day (TPSD)
emissions were then derived by dividing July emissions by the number of
days in July. 2014 emissions were derived by interpolating between 2011
and 2017 (2011el and 2017ek). 2016 emissions were assumed to be
equivalent to the 2017 projected emissions (2017ek).
---------------------------------------------------------------------------
\7\ https://www.epa.gov/air-emissions-modeling/2011-version-63-platform.
---------------------------------------------------------------------------
Ohio EPA compiled 2014 and 2016 actual point source emissions from
state inventory databases. TPSD emissions were then derived by applying
a conversion factor to the annual emissions. The conversion factor was
derived from the emissions modeling platform 2011v6.3 as the ratio of
the average July day to annual emissions for the non-EGU sector.
Onroad mobile source emissions were developed in conjunction with
the Ohio EPA, the Ohio Department of Transportation, the Mid-Ohio
Regional Planning Commission (MORPC), and the Licking County Area
Transportation Study (LCATS) and were calculated from emission factors
produced by EPA's Motor Vehicle Emission Simulator model, MOVES2014a,
and data extracted from the region's travel-demand model.
Using the inventories described above, Ohio's submittal documents
changes in VOC and NOX emissions from 2014 to 2016 for the
Columbus area. Emissions data are shown in Tables 2 through 6.
Table 2--Columbus Area NOX Emissions for Nonattainment Year 2014 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Delaware........................ 0.07 2.45 3.30 7.01 12.83
Fairfield....................... 4.05 0.54 2.08 4.96 11.63
Franklin........................ 1.48 9.04 11.53 45.89 67.94
Licking......................... 0.95 0.69 2.00 7.34 10.98
-------------------------------------------------------------------------------
Area Totals................. 6.55 12.72 18.91 65.20 103.38
----------------------------------------------------------------------------------------------------------------
Table 3--Columbus Area VOC Emissions for Nonattainment Year 2014 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Delaware........................ 0.36 4.30 4.14 4.72 13.52
Fairfield....................... 0.59 4.61 1.44 3.84 10.48
Franklin........................ 2.27 28.24 13.29 31.26 75.06
Licking......................... 0.70 6.46 2.59 4.80 14.55
-------------------------------------------------------------------------------
Area Totals................. 3.92 43.61 21.46 44.62 113.61
----------------------------------------------------------------------------------------------------------------
Table 4--Columbus Area NOX Emissions for Attainment Year 2016 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Delaware........................ 0.10 2.30 2.49 5.59 10.48
[[Page 31821]]
Fairfield....................... 3.85 0.55 1.56 3.94 9.90
Franklin........................ 1.34 8.90 8.37 36.51 55.12
Licking......................... 0.89 0.71 1.53 5.86 8.99
-------------------------------------------------------------------------------
Area Totals................. 6.18 12.46 13.95 51.90 84.49
----------------------------------------------------------------------------------------------------------------
Table 5--Columbus Area VOC Emissions for Attainment Year 2016 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Delaware........................ 0.27 4.16 3.40 4.02 11.85
Fairfield....................... 0.55 4.53 1.19 2.84 9.11
Franklin........................ 2.24 27.52 11.16 26.55 67.47
Licking......................... 0.62 6.36 2.11 4.09 13.18
-------------------------------------------------------------------------------
Area Totals................. 3.68 42.57 17.86 37.50 101.61
----------------------------------------------------------------------------------------------------------------
Table 6--Change in NOX and VOC Emissions in the Columbus Area Between 2014 and 2016 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
-----------------------------------------------------------------------------------------------
Net change Net Change
2014 2016 (2014-2016) 2014 2016 (2014-2016)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 6.55 6.18 -0.37 3.92 3.68 -0.24
Area.................................................... 12.72 12.46 -0.26 43.61 42.57 -1.04
Nonroad................................................. 18.91 13.95 -4.96 21.46 17.86 -3.60
Onroad.................................................. 65.20 51.90 -13.30 44.62 37.50 -7.12
-----------------------------------------------------------------------------------------------
Total............................................... 103.38 84.49 -18.89 113.61 101.61 -12.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 6, NOX and VOC emissions in the
Columbus area declined by 18.89 TPSD and 12.00 TPSD, respectively,
between 2014 and 2016.
3. Meteorology.
To further support Ohio's demonstration that the improvement in air
quality between the year violations occurred and the year attainment
was achieved, is due to permanent and enforceable emission reductions
and not unusually favorable meteorology, an analysis was performed by
Ohio EPA. Ohio analyzed the maximum fourth-high 8-hour ozone values for
May, June, July, August, and September, for years 2000 to 2017.
First, the maximum 8-hour ozone concentration at each monitor in
the Columbus area was compared to the number of days where the maximum
temperature was greater than or equal to 80 [deg]F. While there is a
clear trend in decreasing ozone concentrations at all monitors, there
is no such trend in the temperature data.
Ohio EPA also examined the relationship between the average summer
temperature for each year of the 2000-2017 period and the fourth-high
8-hour ozone concentration. Given the similarity of ozone
concentrations observed at each monitor and the regional nature of
ozone formation, Ohio EPA conducted this analysis using the average
fourth-high 8-hour ozone concentration from all monitors in the
Columbus, OH area. While there is some correlation between average
summer temperatures and ozone concentrations, this correlation does not
exist over the study period. The linear regression lines for each data
set demonstrate that the average summer temperatures have increased
over the 2000 to 2017 period, while average ozone concentrations have
decreased. Because the correlation between temperature and ozone
formation is well established, these data suggest that reductions in
precursors are responsible for the reductions in ozone concentrations
in the Columbus area, and not unusually favorable summer temperatures.
Finally, Ohio EPA analyzed the relationship between average
summertime relative humidity and average fourth-high 8-hour ozone
concentrations. The data did not show a correlation between relative
humidity and ozone concentrations.
As discussed above, Ohio identified numerous Federal rules that
resulted in the reduction of VOC and NOX emissions from 2014
to 2016. In addition, Ohio EPA's analyses of meteorological variables
associated with ozone formation demonstrate that the improvement in air
quality in the Columbus area between the year violations occurred and
the year attainment was achieved is not due to unusually favorable
meteorology. Therefore, EPA finds that Ohio has shown that the air
quality improvements in the Columbus area are due to permanent and
enforceable emissions reductions.
D. Does Ohio have a fully approvable ozone maintenance plan for the
Columbus area?
As one of the criteria for redesignation to attainment section
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has
a fully approved maintenance plan pursuant to section 175A of the CAA.
Section 175A of the CAA sets forth the elements of a maintenance plan
for areas seeking redesignation from nonattainment to attainment. Under
section 175A, the maintenance plan must demonstrate continued
attainment of the NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment of the NAAQS will continue for an
additional 10 years beyond the
[[Page 31822]]
initial 10-year maintenance period. To address the possibility of
future NAAQS violations, the maintenance plan must contain contingency
measures, as EPA deems necessary, to assure prompt correction of the
future NAAQS violation.
The Calcagni Memorandum provides further guidance on the content of
a maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emission inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan. In conjunction with its request to redesignate the
Columbus area to attainment for the 2015 ozone NAAQS, Ohio EPA
submitted a SIP revision to provide for maintenance of the 2015 ozone
NAAQS through 2030, more than 10 years after the expected effective
date of the redesignation to attainment. As discussed below, EPA
proposes to find that Ohio's ozone maintenance plan includes the
necessary components and approve the maintenance plan as a revision of
the Ohio SIP.
1. Attainment inventory.
EPA is proposing to determine that the Columbus area has attained
the 2015 ozone NAAQS based on monitoring data for the period of 2016-
2018. Ohio EPA selected 2016 as the attainment emissions inventory year
to establish attainment emission levels for VOC and NOX. The
attainment emissions inventory identifies the levels of emissions in
the Columbus area that are sufficient to attain the 2015 ozone NAAQS.
The derivation of the attainment year emissions was discussed above in
section IV.C.2. of this proposed rule. The attainment level emissions,
by source category, are summarized in Tables 4 and 5 above.
2. Has the state documented maintenance of the ozone standard in
the Columbus area?
Ohio has demonstrated maintenance of the 2015 ozone NAAQS through
2030 by assuring that current and future emissions of VOC and
NOX for the Columbus area remain at or below attainment year
emission levels. A maintenance demonstration need not be based on
modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v.
EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100
(October 19, 2001), 68 FR 25413, 25430-25432 (May 12, 2003).
Ohio is using emissions inventories for the years 2023 and 2030 to
demonstrate maintenance. 2030 is more than 10 years after the expected
effective date of the redesignation to attainment and 2023 was selected
to demonstrate that emissions are not expected to spike in the interim
between the attainment year and the final maintenance year. The
emissions inventories were developed as described below.
Point, area and nonroad mobile emissions were collected from data
available on EPA's Air Emissions Modeling website.\3\ Using Emissions
Modeling platform 2011v6.3, Ohio EPA collected data for the 2023 and
2028 projected inventories. Tons per summer day (TPSD) emissions were
then derived by dividing July emissions by the number of days in July.
For interim year 2023, version 2023el was used without modification
except for adjustments to emissions for ten point sources, based on
more recent source specific information. 2030 emissions were derived by
extrapolating from version 2028el. As with the 2023 inventory,
adjustments were made to the emissions for ten point sources based on
more recent source specific information.
Onroad mobile source emissions were developed through the combined
effort of Ohio EPA, the Ohio Department of Transportation, MORPC, and
LCAT and were calculated from emission factors produced by EPA's
MOVES2014a model and data extracted from the region's travel-demand
model. Emissions data are shown in Tables 7 through 11 below.
Table 7--Columbus Area NOX Emissions for Interim Maintenance Year 2023 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Delaware........................ 0.08 1.97 1.73 2.80 6.58
Fairfield....................... 3.55 0.54 1.06 1.94 7.09
Franklin........................ 1.08 8.88 5.96 17.84 33.76
Licking......................... 0.75 0.73 1.07 2.88 5.43
-------------------------------------------------------------------------------
Area Totals................. 5.46 12.12 9.82 25.46 52.86
----------------------------------------------------------------------------------------------------------------
Table 8--Columbus Area VOC Emissions for Interim Maintenance Year 2023 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Delaware........................ 0.33 4.19 3.00 2.73 10.25
Fairfield....................... 0.53 4.37 1.14 1.90 7.94
Franklin........................ 1.52 27.61 11.26 17.60 57.99
Licking......................... 0.41 5.94 1.84 2.70 10.89
-------------------------------------------------------------------------------
Area Totals................. 2.79 42.11 17.24 24.93 87.07
----------------------------------------------------------------------------------------------------------------
Table 9--Columbus Area NOX Emissions for Maintenance Year 2030 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Delaware........................ 0.08 1.56 1.46 1.92 5.02
Fairfield....................... 3.55 0.53 0.85 2.70 7.63
Franklin........................ 1.08 8.34 5.42 11.70 26.54
Licking......................... 0.75 0.73 0.87 1.92 4.27
-------------------------------------------------------------------------------
Area Totals................. 5.46 11.16 8.60 18.24 43.46
----------------------------------------------------------------------------------------------------------------
[[Page 31823]]
Table 10--Columbus Area VOC Emissions for Maintenance Year 2030 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Delaware........................ 0.33 4.18 3.00 2.14 9.65
Fairfield....................... 0.53 4.37 1.20 1.78 7.88
Franklin........................ 1.52 27.62 12.17 13.20 54.51
Licking......................... 0.41 5.95 1.84 2.04 10.24
-------------------------------------------------------------------------------
Area Totals................. 2.79 42.12 18.21 19.16 82.28
----------------------------------------------------------------------------------------------------------------
Table 11--Change in NOX and VOC Emissions in the Columbus Area Between 2016 and 2030 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
-------------------------------------------------------------------------------------------------------
Net change Net change
2016 2023 2030 (2016-2030) 2016 2023 2030 (2016-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point........................................... 6.18 5.46 5.46 -0.72 3.68 2.79 2.79 -0.89
Area............................................ 12.46 12.12 11.16 -1.30 42.57 42.11 42.12 -0.45
Nonroad......................................... 13.95 9.82 8.60 -5.35 17.86 17.24 18.21 0.35
Onroad.......................................... 51.90 25.46 18.24 -33.66 37.50 24.93 19.16 -18.34
-------------------------------------------------------------------------------------------------------
Total....................................... 84.49 52.86 43.46 -41.03 101.61 87.07 82.28 -19.33
--------------------------------------------------------------------------------------------------------------------------------------------------------
In summary, Ohio's maintenance demonstration for the Columbus area
shows maintenance of the 2015 ozone NAAQS by providing emissions
information to support the demonstration that future emissions of
NOX and VOC will remain at or below 2016 emission levels
when taking into account both future source growth and implementation
of future controls. Table 11 shows NOX and VOC emissions in
the Columbus area are projected to decrease by 41.03 TPSD and 19.33
TPSD, respectively, between 2016 and 2030.
3. Continued air quality monitoring.
Ohio EPA has committed to continue to operate the ozone monitors
listed in Table 1 above. Ohio EPA has committed to consult with EPA
prior to making changes to the existing monitoring network should
changes become necessary in the future. Ohio remains obligated to meet
monitoring requirements and continue to quality assure monitoring data
in accordance with 40 CFR part 58, and to enter all data into the Air
Quality System (AQS) in accordance with Federal guidelines.
4. Verification of continued attainment.
The State of Ohio has confirmed that it has the legal authority to
enforce and implement the requirements of the maintenance plan for the
Columbus area. This includes the authority to adopt, implement, and
enforce any subsequent emission control measures determined to be
necessary to correct future ozone attainment problems.
Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
update of the area's emissions inventory. Ohio EPA will continue to
operate the current ozone monitors located in the Columbus area. There
are no plans to discontinue operation, relocate, or otherwise change
the existing ozone monitoring network other than through revisions in
the network approved by the EPA.
In addition, to track future levels of emissions, Ohio EPA will
continue to develop and submit to EPA updated emission inventories for
all source categories at least once every 3 years, consistent with the
requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.122. The
Consolidated Emissions Reporting Rule (CERR) was promulgated by EPA on
June 10, 2002 (67 FR 39602). The CERR was replaced by the Annual
Emissions Reporting Requirements (AERR) on December 17, 2008 (73 FR
76539). The most recent triennial inventory for Ohio was compiled for
2014. Point source facilities covered by Ohio's emission statement
rule, Ohio Administrative Code Chapter 3745-24, will continue to submit
VOC and NOX emissions on an annual basis.
5. What is the contingency plan for the Columbus area?
Section 175A of the CAA requires that the state must adopt a
maintenance plan, as a SIP revision, that includes such contingency
measures as EPA deems necessary to assure that the state will promptly
correct a violation of the NAAQS that occurs after redesignation of the
area to attainment of the NAAQS. The maintenance plan must identify:
The contingency measures to be considered and, if needed for
maintenance, adopted and implemented; a schedule and procedure for
adoption and implementation; and, a time limit for action by the state.
The state should also identify specific indicators to be used to
determine when the contingency measures need to be considered, adopted,
and implemented. The maintenance plan must include a commitment that
the state will implement all measures with respect to the control of
the pollutant that were contained in the SIP before redesignation of
the area to attainment in accordance with section 175A(d) of the CAA.
As required by section 175A of the CAA, Ohio has adopted a
contingency plan for the Columbus area to address possible future ozone
air quality problems. The contingency plan adopted by Ohio has two
levels of response, a warning level response and an action level
response.
In Ohio's plan, a warning level response will be triggered when an
annual fourth high monitored value of 0.074 ppm or higher is monitored
within the maintenance area. A warning level response will consist of
Ohio EPA conducting a study to determine whether the ozone value
indicates a trend toward higher ozone values or whether emissions
appear to be increasing. The study will evaluate whether the trend, if
any, is likely to continue and, if so, the control measures necessary
to reverse the trend. The study will consider ease and timing of
implementation as well as economic and social impacts. Implementation
of necessary controls in response to a warning level response trigger
will take place within 12 months from the
[[Page 31824]]
conclusion of the most recent ozone season.
In Ohio's plan, an action level response is triggered when a two-
year average fourth high value of 0.071 ppm or greater is monitored
within the maintenance area. A violation of the 2015 ozone NAAQS within
the maintenance area also triggers an action level response. When an
action level response is triggered, Ohio EPA, in conjunction with the
metropolitan planning organization or regional council of governments,
will determine what additional control measures are needed to assure
future attainment of the 2015 ozone NAAQS. Control measures selected
will be adopted and implemented within 18 months from the close of the
ozone season that prompted the action level. Ohio EPA may also consider
if significant new regulations not currently included as part of the
maintenance provisions will be implemented in a timely manner and would
thus constitute an adequate contingency measure response.
Ohio EPA included the following list of potential contingency
measures in its maintenance plan:
1. Adopt VOC RACT on existing sources covered by EPA Control
Technique Guidelines issued after the 1990 CAA.
2. Apply VOC RACT to smaller existing sources.
3. One or more transportation control measures sufficient to
achieve at least half a percent reduction in actual area wide VOC
emissions. Transportation measures will be selected from the following,
based upon the factors listed above after consultation with affected
local governments:
a. Trip reduction programs, including, but not limited to,
employer-based transportation management plans, area wide rideshare
programs, work schedule changes, and telecommuting;
b. traffic flow and transit improvements; and
c. other new or innovative transportation measures not yet in
widespread use that affected local governments deem appropriate.
4. Alternative fuel and diesel retrofit programs for fleet vehicle
operations.
5. Require VOC or NOX emission offsets for new and
modified major sources.
6. Increase the ratio of emission offsets required for new sources.
7. Require VOC or NOX controls on new minor sources
(less than 100 tons).
8. Adopt NOX RACT for existing combustion sources.
9. High volume, low pressure coating application requirements for
autobody facilities.
10. Requirements for cold cleaner degreaser operations (low vapor
pressure solvents).
To qualify as a contingency measure, emissions reductions from that
measure must not be factored into the emissions projections used in the
maintenance plan.
EPA has concluded that Ohio's maintenance plan adequately addresses
the five basic components of a maintenance plan: Attainment inventory,
maintenance demonstration, monitoring network, verification of
continued attainment, and a contingency plan. In addition, as required
by section 175A(b) of the CAA, Ohio EPA has committed to submit to EPA
an updated ozone maintenance plan eight years after redesignation of
the Columbus area to cover an additional ten years beyond the initial
10-year maintenance period. Thus, EPA finds that the maintenance plan
SIP revision submitted by Ohio EPA for the Columbus area meets the
requirements of section 175A of the CAA and EPA proposes to approve it
as a revision to the Ohio SIP.
V. Has the state adopted approvable motor vehicle emission budgets?
A. Motor Vehicle Emission Budgets
Under section 176(c) of the CAA, new transportation plans,
programs, or projects that receive Federal funding or support, such as
the construction of new highways, must ``conform'' to (i.e., be
consistent with) the SIP. Conformity to the SIP means that
transportation activities will not cause new air quality violations,
worsen existing air quality problems, or delay timely attainment of the
NAAQS or interim air quality milestones. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and procedures for demonstrating and
assuring conformity of transportation activities to a SIP.
Transportation conformity is a requirement for nonattainment and
maintenance areas. Maintenance areas are areas that were previously
nonattainment for a particular NAAQS, but that have been redesignated
to attainment with an approved maintenance plan for the NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs for nonattainment areas and maintenance plans for
areas seeking redesignations to attainment of the ozone standard and
maintenance areas. See the SIP requirements for the 2015 ozone NAAQS in
EPA's December 6, 2018 implementation rule (83 FR 62998). These control
strategy SIPs (including reasonable further progress plans and
attainment plans) and maintenance plans must include MVEBs for criteria
pollutants, including ozone, and their precursor pollutants (VOC and
NOX for ozone) to address pollution from onroad
transportation sources. The MVEBs are the portion of the total
allowable emissions that are allocated to highway and transit vehicle
use that, together with emissions from other sources in the area, will
provide for attainment or maintenance. See 40 CFR 93.101.
Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment must be established, at minimum, for the last year of the
maintenance plan. A state may adopt MVEBs for other years as well. The
MVEB serves as a ceiling on emissions from an area's planned
transportation system. The MVEB concept is further explained in the
preamble to the November 24, 1993, Transportation Conformity Rule (58
FR 62188). The preamble also describes how to establish the MVEB in the
SIP and how to revise the MVEB, if needed, subsequent to initially
establishing a MVEB in the SIP.
B. What is the status of EPA's adequacy determination for the proposed
VOC and NOX MVEBs for the Columbus area?
When reviewing submitted control strategy SIPs or maintenance plans
containing MVEBs, EPA must affirmatively find that the MVEBs contained
therein are adequate for use in determining transportation conformity.
Once EPA affirmatively finds that the submitted MVEBs are adequate for
transportation purposes, the MVEBs must be used by state and Federal
agencies in determining whether proposed transportation projects
conform to the SIP as required by section 176(c) of the CAA.
EPA's substantive criteria for determining adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: Public notification of a SIP submission;
provision for a public comment period; and EPA's adequacy
determination. This process for determining the adequacy of submitted
MVEBs for transportation conformity purposes was initially outlined in
EPA's May 14, 1999 guidance, ``Conformity Guidance on Implementation of
March 2, 1999, Conformity Court Decision.'' EPA adopted regulations to
codify the adequacy process in the Transportation Conformity Rule
Amendments for the ``New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule
[[Page 31825]]
Amendments--Response to Court Decision and Additional Rule Change,'' on
July 1, 2004 (69 FR 40004). Additional information on the adequacy
process for transportation conformity purposes is available in the
proposed rule titled, ``Transportation Conformity Rule Amendments:
Response to Court Decision and Additional Rule Changes,'' 68 FR 38974,
38984 (June 30, 2003).
As discussed earlier, Ohio's maintenance plan includes
NOX and VOC MVEBs for the Columbus area for 2030 and 2023,
the last year of the maintenance period and an interim year. EPA
reviewed the VOC and NOX MVEBs through the adequacy process.
Ohio's April 23, 2019 maintenance plan SIP submission, including the
VOC and NOX MVEBs for the Columbus area was open for public
comment on EPA's adequacy website on May 2, 2019, found at: https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa. The EPA public comment period on
adequacy of the 2020 and 2030 MVEBs for the Columbus area closed on
June 1, 2019. No comments on the adequacy submittal were received
during the comment period. The submitted maintenance plan, which
included the MVEBs, was endorsed by the Governor's designee and was
subject to a state public hearing. The MVEBS were developed as part of
an interagency consultation process which includes Federal, state, and
local agencies. The MVEBS were clearly identified and precisely
quantified. These MVEBs, when considered together with all other
emissions sources, are consistent with maintenance of the 2015 ozone
NAAQS.
Table 12--MVEBs for the Columbus area (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Attainment
year 2016 2023 estimated 2023 mobile 2030 estimated 2030 mobile
onroad onroad safety margin 2023 MVEBs onroad safety margin 2030 MVEBs
emissions emissions allocation emissions allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC..................................... 37.50 24.93 3.74 28.67 19.16 2.87 22.03
NOX..................................... 51.90 25.46 3.82 29.28 18.24 2.74 20.98
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 12, the 2023 and 2030 MVEBs exceed the estimated
2023 and 2030 onroad sector emissions. In an effort to accommodate
future variations in travel demand models and vehicle miles traveled
forecast, Ohio EPA allocated a portion of the safety margin (described
further below) to the mobile sector. Ohio has demonstrated that the
Columbus area can maintain the 2015 ozone NAAQS with mobile source
emissions at or below 28.67 TPSD and 22.03 TPSD of VOC and 29.28 TPSD
and 20.98 TPSD of NOX in 2023 and 2030, respectively, since
despite partial allocation of the safety margin, emissions will remain
under attainment year emission levels. EPA finds adequate and is
proposing to approve the MVEBs for use to determine transportation
conformity in the Columbus area, because EPA has determined that the
area can maintain attainment of the 2015 ozone NAAQS for the relevant
maintenance period with mobile source emissions at the levels of the
MVEBs.
C. What is a safety margin?
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. As noted in Table 11, the
emissions in the Columbus area are projected to have safety margins of
41.03 TPSD for NOX and 19.33 TPSD for VOC in 2030 (the
difference between the attainment year, 2016, emissions and the
projected 2030 emissions for all sources in the Columbus area).
Similarly, there is a safety margin of 31.63 TPSD for NOX
and 14.54 TPSD for VOC in 2023. Even if emissions exceeded projected
levels by the full amount of the safety margin, the counties would
still demonstrate maintenance since emission levels would equal those
in the attainment year.
As shown in Table 12 above, Ohio is allocating a portion of that
safety margin to the mobile source sector. Specifically, in 2023, Ohio
is allocating 3.74 TPSD and 3.82 TPSD of the VOC and NOX
safety margins, respectively. In 2030, Ohio is allocating 2.87 TPSD and
2.74 TPSD of the VOC and NOX safety margins, respectively.
Ohio EPA is not requesting allocation to the MVEBs of the entire
available safety margins reflected in the demonstration of maintenance.
In fact, the amount allocated to the MVEBs represents only a small
portion of the 2023 and 2030 safety margins. Therefore, even though the
State is requesting MVEBs that exceed the projected onroad mobile
source emissions for 2023 and 2030 contained in the demonstration of
maintenance, the permissible level of onroad mobile source emissions
that can be considered for transportation conformity purposes is well
within the safety margins of the ozone maintenance demonstration.
Further, once allocated to mobile sources, these safety margins will
not be available for use by other sources.
VI. Proposed Actions
EPA is proposing to determine that the Columbus nonattainment is
attaining the 2015 ozone NAAQS, based on quality-assured and certified
monitoring data for 2016-2018 and the area has met the requirements for
redesignation under section 107(d)(3)(E) of the CAA. EPA is thus
proposing to change the legal designation of the Columbus area from
nonattainment to attainment for the 2015 ozone NAAQS. EPA is also
proposing to approve, as a revision to the Ohio SIP, the state's
maintenance plan for the area. The maintenance plan is designed to keep
the Columbus area in attainment of the 2015 ozone NAAQS through 2030.
Finally, EPA finds adequate and is proposing to approve the newly-
established 2023 and 2030 MVEBs for the Columbus area.
VII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices,
[[Page 31826]]
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);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: June 13, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019-14154 Filed 7-2-19; 8:45 am]
BILLING CODE 6560-50-P
