Air Plan Approval; Ohio; Second Maintenance Plan for 1997 Ozone NAAQS; Dayton-Springfield, 32678-32682 [2019-14246]
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Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Proposed Rules
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
Reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: June 26, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019–14474 Filed 7–8–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2019–0216; FRL–9996–09–
Region 5]
Air Plan Approval; Ohio; Second
Maintenance Plan for 1997 Ozone
NAAQS; Dayton-Springfield
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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Table of Contents
The Environmental Protection
Agency (EPA) is proposing to approve
under the Clean Air Act (CAA), as a
revision to the Ohio State
Implementation Plan (SIP), the State’s
plan for maintaining the 1997 ozone
National Ambient Air Quality Standard
(NAAQS or standard) through 2028 in
the Dayton-Springfield area. The
Dayton-Springfield area consists of
Clark, Greene, Miami and Montgomery
Counties. The Ohio Environmental
Protection Agency (Ohio EPA)
submitted this SIP revision to EPA on
April 12, 2019.
DATES: Comments must be received on
or before August 8, 2019.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–EPA–
R05–OAR–2019–0216 at https://
www.regulations.gov or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
SUMMARY:
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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,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to the EPA.
I. Summary of EPA’s Proposed Action
II. Background
III. EPA’s Evaluation of Ohio’s SIP Submittal
A. Second Maintenance Plan
B. Transportation Conformity
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Summary of EPA’s Proposed Action
EPA is proposing to approve, as a
revision to the Ohio SIP, an updated
1997 ozone NAAQS maintenance plan
for the Dayton-Springfield area. The
maintenance plan is designed to keep
the Dayton-Springfield area in
attainment of the 1997 ozone NAAQS
through 2028.
II. Background
Ground-level ozone is formed when
oxides of nitrogen (NOX) and volatile
organic compounds (VOC) react in the
presence of sunlight. These two
pollutants are referred to as ozone
precursors. Scientific evidence indicates
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that adverse public health effects occur
following exposure to ozone.
In 1979, under section 109 of the
Clean Air Act (CAA), EPA established
primary and secondary NAAQS for
ozone at 0.12 parts per million (ppm),
averaged over a 1-hour period. 44 FR
8202 (February 8, 1979). On July 18,
1997, EPA revised the primary and
secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient
air at 0.08 ppm, averaged over an 8-hour
period. 62 FR 38856 (July 18, 1997).1
EPA set the 8-hour ozone NAAQS based
on scientific evidence demonstrating
that ozone causes adverse health effects
at lower concentrations and over longer
periods of time than was understood
when the pre-existing 1-hour ozone
NAAQS was set.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
nation as attaining or not attaining the
NAAQS. On April 15, 2004 (69 FR
23857), EPA designated the DaytonSpringfield as nonattainment for the
1997 ozone NAAQS, and the
designations became effective on June
15, 2004. Under the CAA, states are also
required to adopt and submit SIPs to
implement, maintain, and enforce the
NAAQS in designated nonattainment
areas and throughout the state.
When a nonattainment area has three
years of complete, certified air quality
data that has been determined to attain
the 1997 ozone NAAQS, and the area
has met other required criteria described
in section 107(d)(3)(E) of the CAA, the
state can submit to EPA a request to be
redesignated to attainment, referred to
as a ‘‘maintenance area’’.2
One of the criteria for redesignation is
to have an approved maintenance plan
under CAA section 175A. The
maintenance plan must demonstrate
that the area will continue to maintain
the standard for the period extending 10
years after redesignation, and it must
contain such additional measures as
necessary to ensure maintenance and
1 In March 2008, EPA completed another review
of the primary and secondary ozone standards and
tightened them further by lowering the level for
both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a
review of the primary and secondary ozone
standards and tightened them by lowering the level
for both to 0.70 ppm. 80 FR 65292 (October 26,
2015).
2 Section 107(d)(3)(E) of the CAA sets out the
requirements for redesignation. They include
attainment of the NAAQS, full approval under
section 110(k) of the applicable SIP, determination
that improvement in air quality is a result of
permanent and enforceable reductions in emissions,
demonstration that the state has met all applicable
section 110 and part D requirements, and a fully
approved maintenance plan under CAA section
175A.
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such contingency provisions as
necessary to assure that violations of the
standard will be promptly corrected. At
the end of the eighth year after the
effective date of the redesignation, the
state must also submit a second
maintenance plan to ensure ongoing
maintenance of the standard for an
additional 10 years. CAA section 175A.
EPA has published long-standing
guidance for states on developing
maintenance plans.3 The Calcagni
Memorandum provides that states may
generally demonstrate maintenance by
either performing air quality modeling
to show that the future mix of sources
and emission rates will not cause a
violation of the NAAQS or by showing
that future emissions of a pollutant and
its precursors will not exceed the level
of emissions during a year when the
area was attaining the NAAQS (i.e.,
attainment year inventory). See Calcagni
Memorandum at 9.
On November 6, 2006, Ohio EPA
submitted to EPA a request to
redesignate the Dayton-Springfield area
to attainment for the 1997 ozone
NAAQS.4 This submittal included, as a
revision to the Ohio SIP, a plan to
provide for maintenance of the 1997
ozone NAAQS in the DaytonSpringfield area through 2018. EPA
approved the Dayton-Springfield area
maintenance plan and redesignated the
area to attainment for the 1997 ozone
NAAQS on August 13, 2007 (72 FR
45169).5
Under CAA section 175A(b), states
must submit a revision to the first
maintenance plan eight years after
redesignation to provide for
maintenance of the NAAQS for ten
additional years following the end of the
first 10-year period. EPA’s final
implementation rule for the 2008 ozone
NAAQS revoked the 1997 ozone
NAAQS and provided that one
consequence of revocation was that
areas that had been redesignated to
attainment (i.e., maintenance areas) for
the 1997 standard no longer needed to
submit second 10-year maintenance
plans under CAA section 175A(b).6
However, in South Coast Air Quality
Management District v. EPA 7 (South
Coast II), the D.C. Circuit vacated EPA’s
interpretation that, because of the
revocation of the 1997 ozone standard,
second maintenance plans were not
required for ‘‘orphan maintenance
areas,’’ i.e., areas that had been
redesignated to attainment for the 1997
NAAQS and were designated attainment
for the 2008 ozone NAAQS. Thus, states
with these ‘‘orphan maintenance areas’’
under the 1997 ozone NAAQS must
submit maintenance plans for the
second maintenance period.
Accordingly, on April 12, 2019, Ohio
submitted a second maintenance plan
for the Dayton-Springfield area that
shows that the area is expected to
remain in attainment of the 1997 ozone
NAAQS through 2028, i.e., through the
end of the full 20-year maintenance
period.
III. EPA’s Evaluation of Ohio’s SIP
Submittal
A. Second Maintenance Plan
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 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.
On April 12, 2019, Ohio EPA
submitted, as a SIP revision, a plan to
provide for maintenance of the 1997
ozone standard in the DaytonSpringfield area through 2028, more
than 20 years after the effective date of
the redesignation to attainment. As
discussed below, EPA finds that Ohio’s
second maintenance plan includes the
necessary components and proposes
approve the maintenance plan as a
revision to the Ohio SIP.
1. Attainment Inventory
The CAA section 175A maintenance
plan approved by EPA for the first 10year period included an attainment
inventory for the Dayton-Springfield
area that reflects typical summer day
VOC and NOX emissions in 2005. This
inventory is summarized in Table 1
below.
TABLE 1—DAYTON-SPRINGFIELD AREA TYPICAL SUMMER DAY VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2005 IN
TONS PER DAY (tpd)
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Source category
VOC
NOX
Nonroad ...................................................................................................................................................................
Onroad .....................................................................................................................................................................
Point .........................................................................................................................................................................
Area .........................................................................................................................................................................
12.16
55.37
3.45
46.23
84.66
20.24
36.64
4.65
Total ..................................................................................................................................................................
115.21
146.19
In addition, because the DaytonSpringfield area continued to monitor
attainment of the 1997 ozone NAAQS in
2014, this is also an appropriate year to
use for an attainment year inventory.
Ohio EPA is using 2014 summer day
emissions from EPA 2014 version 7.0
modeling platform as the basis for the
attainment inventory presented in Table
3 ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the
‘‘Calcagni Memorandum’’).
4 Ohio EPA supplemented this submittal on
November 6, 2006, December 4, 2006, December 13,
2006, January 11, 2007, March 9, 2007, March 27,
2007 and May 31, 2007.
5 On February 11, 2013, Ohio EPA submitted a
revision to the original maintenance plan, replacing
onroad emissions estimates and MVEBs derived
using the MOBILE6.2 model with onroad emissions
estimates and MVEBs derived using the
MOVES2010a model. EPA approved this revision to
Ohio’s SIP on October 24, 2013 (78 FR 63388).
6 See 80 FR 12315 (March 6, 2015).
7 882 F.3d 1138 (D.C. Cir. 2018).
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2 below.8 These data are based on the
most recently available National
Emissions Inventory (2014 NEI version
2).
TABLE 2—DAYTON-SPRINGFIELD AREA TYPICAL SUMMER DAY VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2014
(tpd)
Source category
VOC
NOX
Nonroad ...................................................................................................................................................................
Onroad .....................................................................................................................................................................
Point .........................................................................................................................................................................
Area .........................................................................................................................................................................
8.99
19.64
2.24
34.14
10.18
37.51
4.25
7.18
Total ..................................................................................................................................................................
65.01
59.12
2. Maintenance Demonstration
maintenance year because it is more
than 10 years beyond the first 10-year
maintenance period. The 2028
emissions inventory is projected from
the EPA 2011 version 6.3 modeling
platform.9 The relevant inventory
scenario names are ‘‘2014fd’’ and
‘‘2028el.’’ The 2028 scenario was used
Ohio EPA is demonstrating
maintenance through 2028 by showing
that future emissions of VOC and NOX
for the Dayton-Springfield area remain
at or below attainment year emission
levels. 2028 is an appropriate
to support past air quality modeling to
support the regional haze program. The
2028 summer day emissions inventory
for the Dayton-Springfield, OH area is
summarized in Table 3 below. Table 4
documents changes in NOX and VOC
emissions in the Dayton-Springfield
area between 2005, 2014 and 2028.
TABLE 3—DAYTON-SPRINGFIELD AREA TYPICAL SUMMER DAY VOC AND NOX EMISSIONS FOR MAINTENANCE YEAR 2028
(tpd)
Source category
VOC
NOX
Nonroad ...................................................................................................................................................................
Onroad .....................................................................................................................................................................
Point .........................................................................................................................................................................
Area .........................................................................................................................................................................
7.64
6.09
2.65
24.73
4.57
11.36
6.39
10.39
Total ..................................................................................................................................................................
41.11
32.71
TABLE 4—CHANGE IN TYPICAL SUMMER DAY VOC AND NOX EMISSIONS IN THE DAYTON-SPRINGFIELD AREA BETWEEN
2005, 2014, AND 2028
[tpd]
VOC
Source category
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2005
2014
2028
NOX
Net
Change
(2005–
2028)
Net
Change
(2014–
2028)
2005
2014
2028
Net
Change
(2005–
2028)
Net
Change
(2014–
2028)
Nonroad .................................
Onroad ..................................
Point ......................................
Area .......................................
12.16
55.37
3.45
46.23
8.99
19.64
2.24
34.14
7.64
6.09
2.65
24.73
¥4.52
¥49.28
¥0.80
¥21.50
¥1.35
¥13.55
0.41
¥9.41
84.66
20.24
36.64
4.65
10.18
37.51
4.25
7.18
4.57
11.36
6.39
10.39
¥80.09
¥8.88
¥30.25
5.74
¥5.61
¥26.15
2.14
3.21
Total ...............................
115.21
65.01
41.11
¥74.10
¥23.90
146.19
59.12
32.71
¥113.48
¥26.41
In summary, the maintenance
demonstration for the DaytonSpringfield area shows maintenance of
the 1997 ozone standard by providing
emissions information to support the
demonstration that future emissions of
NOX and VOC will remain at or below
2014 emission levels when taking into
account both future source growth and
implementation of future controls. Table
4 shows VOC and NOX emissions in the
Dayton-Springfield area are projected to
decrease by 23.90 tpd and 26.41 tpd,
respectively, between 2014 and 2028.
8 The inventory documentation for this platform
can be found here: https://www.epa.gov/airemissions-modeling/2014-version-70-platform.
9 The inventory documentation for this platform
can be found here: https://www.epa.gov/airemissions-modeling/2011-version-63-platform.
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3. Continued Air Quality Monitoring
Ohio EPA has committed to continue
to operate an approved ozone
monitoring network in the DaytonSpringfield, OH area. 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
EPA remains obligated to meet
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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 DaytonSpringfield area. This includes the
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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 has
committed to continue to operate an
approved ozone monitoring network in
the Dayton-Springfield, OH area. Ohio
will not discontinue operation, relocate,
or otherwise change the existing ozone
monitoring network other than through
revisions in the network approved by
EPA.
In addition, to track future levels of
emissions, Ohio EPA has committed to
continue to develop and submit to EPA
updated emission inventories for all
source categories at least once every
three years, consistent with the
requirements of 40 CFR part 51, subpart
A, and in 40 CFR 51.122. The
Consolidated Emissions Reporting Rule
(CERR) was promulgated by EPA on
June 10, 2002 (67 FR 39602). The CERR
was replaced by the Annual Emissions
Reporting Requirements (AERR) on
December 17, 2008 (73 FR 76539).
5. Contingency Plan
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 Dayton-Springfield 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.
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In Ohio’s plan, a warning level
response will be triggered when an
annual fourth high monitored value of
0.088 ppm or higher is monitored
within the maintenance area. A warning
level response will consist of Ohio EPA
conducting a study to determine
whether the ozone value indicates a
trend toward higher ozone values or
whether emissions appear to be
increasing. The study will evaluate
whether the trend, if any, is likely to
continue and, if so, the control measures
necessary to reverse the trend. The
study will consider ease and timing of
implementation as well as economic
and social impacts. Implementation of
necessary controls in response to a
warning level response trigger will take
place within 12 months from the
conclusion of the most recent ozone
season.
In Ohio’s plan, an action level
response is triggered when a two-year
average fourth high value of 0.084 ppm
or greater is monitored within the
maintenance area. A violation of the
1997 ozone standard within the
maintenance area also triggers an action
level response. In the event that the
action level is triggered and is not found
to be due to an exceptional event,
malfunction, or noncompliance with a
permit condition or rule requirement,
Ohio EPA, in conjunction with the
metropolitan planning organization or
regional council of governments, will
determine what additional control
measures are needed to assure future
attainment of the ozone standard.
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 reasonably available
control technology (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:
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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. Thus, EPA finds that
the maintenance plan SIP revision
submitted by Ohio EPA for the DaytonSpringfield area meets the requirements
of section 175A of the CAA and
proposed to approve it as a revision to
the Ohio SIP.
B. Transportation Conformity
Transportation conformity is required
by section 176(c) of the CAA.
Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the NAAQS (CAA
176(c)(1)(B)). EPA’s conformity rule at
40 CFR part 93 requires that
transportation plans, programs and
projects conform to SIPs and establish
the criteria and procedures for
determining whether they conform. The
conformity rule generally requires a
demonstration that emissions from the
Regional Transportation Plan (RTP) and
the Transportation Improvement
Program (TIP) are consistent with the
motor vehicle emissions budget (MVEB)
contained in the control strategy SIP
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revision or maintenance plan (40 CFR
93.101, 93.118, and 93.124). A MVEB is
defined as ‘‘that portion of the total
allowable emissions defined in the
submitted or approved control strategy
implementation plan revision or
maintenance plan for a certain date for
the purpose of meeting reasonable
further progress milestones or
demonstrating attainment or
maintenance of the NAAQS, for any
criteria pollutant or its precursors,
allocated to highway and transit vehicle
use and emissions’’ (40 CFR 93.101).
The South Coast II court decision
upheld EPA’s revocation of the 1997
ozone NAAQS, which was effective on
April 6, 2015. EPA’s current
transportation conformity regulation
requires a regional emissions analysis
only during the time period beginning
one year after a nonattainment
designation for a particular NAAQS
until the effective date of revocation of
that NAAQS (40 CFR 93.109(c)).
Therefore, pursuant to the conformity
regulation, a regional emissions analysis
using MVEBs is not required for
conformity determinations for the 1997
ozone NAAQS because that NAAQS has
been revoked (80 FR 12264). As no
regional emissions analysis is required
for the Dayton-Springfield area,
transportation conformity for the 1997
ozone NAAQS can be demonstrated by
an MPO and DOT for transportation
plans and TIPs by showing that the
remaining criteria contained in Table 1
in 40 CFR 93.109, and 40 CFR 93.108
have been met.
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IV. Proposed Action
Under sections 110(k) and 175A of the
CAA and for the reasons set forth above,
and based on Ohio’s representations and
commitments set forth above, EPA is
proposing to approve the DaytonSpringfield area second maintenance
plan for the 1997 ozone NAAQS,
submitted by Ohio EPA on April 12,
2019, as a revision to the Ohio SIP. The
second maintenance plan is designed to
keep the Dayton-Springfield area in
attainment of the 1997 ozone NAAQS
through 2028.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely proposes to approve state
law as meeting Federal requirements
VerDate Sep<11>2014
16:55 Jul 08, 2019
Jkt 247001
and does not impose additional
requirements beyond those imposed by
state law. For that reason, this proposed
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 it is not a significant
regulatory action 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
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 20, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019–14246 Filed 7–8–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0047; FRL–9996–02–
Region 8]
Approval and Promulgation of
Implementation Plans; Montana;
Regional Haze 5-Year Progress Report
State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve
Montana’s regional haze progress report,
submitted by the Montana Department
of Environmental Quality (MDEQ) as a
revision to its State Implementation
Plan (SIP). Montana’s SIP revision
addresses requirements of the Clean Air
Act (CAA) and the EPA’s rules that
require states to submit periodic reports
describing progress toward Reasonable
Progress Goals (RPGs) established for
regional haze and a determination of the
adequacy of the state’s existing plan
addressing regional haze. Montana’s
progress report explains the measures
that have been implemented in the
regional haze plan due to be in place by
the date of the progress report and that
visibility in the majority mandatory
federal Class I areas affected by
emissions from Montana sources is
improving, and that a revision of the
plan is not needed at this time. The EPA
is proposing approval of Montana’s
determination that the State’s regional
haze plan is adequate to meet RPGs for
the first implementation period, which
extended through 2018 and requires no
substantive revision at this time.
DATES: Written comments must be
received on or before August 8, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2019–0047, to the Federal
Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
SUMMARY:
E:\FR\FM\09JYP1.SGM
09JYP1
]]>Agencies
[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Proposed Rules]
[Pages 32678-32682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14246]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0216; FRL-9996-09-Region 5]
Air Plan Approval; Ohio; Second Maintenance Plan for 1997 Ozone
NAAQS; Dayton-Springfield
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve under the Clean Air Act (CAA), as a revision to the Ohio State
Implementation Plan (SIP), the State's plan for maintaining the 1997
ozone National Ambient Air Quality Standard (NAAQS or standard) through
2028 in the Dayton-Springfield area. The Dayton-Springfield area
consists of Clark, Greene, Miami and Montgomery Counties. The Ohio
Environmental Protection Agency (Ohio EPA) submitted this SIP revision
to EPA on April 12, 2019.
DATES: Comments must be received on or before August 8, 2019.
ADDRESSES: Submit your comments, identified by Docket No. EPA-EPA-R05-
OAR-2019-0216 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, the terms ``we'',
``us'', and ``our'' refer to the EPA.
Table of Contents
I. Summary of EPA's Proposed Action
II. Background
III. EPA's Evaluation of Ohio's SIP Submittal
A. Second Maintenance Plan
B. Transportation Conformity
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Summary of EPA's Proposed Action
EPA is proposing to approve, as a revision to the Ohio SIP, an
updated 1997 ozone NAAQS maintenance plan for the Dayton-Springfield
area. The maintenance plan is designed to keep the Dayton-Springfield
area in attainment of the 1997 ozone NAAQS through 2028.
II. Background
Ground-level ozone is formed when oxides of nitrogen
(NOX) and volatile organic compounds (VOC) react in the
presence of sunlight. These two pollutants are referred to as ozone
precursors. Scientific evidence indicates that adverse public health
effects occur following exposure to ozone.
In 1979, under section 109 of the Clean Air Act (CAA), EPA
established primary and secondary NAAQS for ozone at 0.12 parts per
million (ppm), averaged over a 1-hour period. 44 FR 8202 (February 8,
1979). On July 18, 1997, EPA revised the primary and secondary NAAQS
for ozone to set the acceptable level of ozone in the ambient air at
0.08 ppm, averaged over an 8-hour period. 62 FR 38856 (July 18,
1997).\1\ EPA set the 8-hour ozone NAAQS based on scientific evidence
demonstrating that ozone causes adverse health effects at lower
concentrations and over longer periods of time than was understood when
the pre-existing 1-hour ozone NAAQS was set.
---------------------------------------------------------------------------
\1\ In March 2008, EPA completed another review of the primary
and secondary ozone standards and tightened them further by lowering
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone standards and tightened them by lowering the
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
---------------------------------------------------------------------------
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 15, 2004 (69 FR 23857), EPA designated
the Dayton-Springfield as nonattainment for the 1997 ozone NAAQS, and
the designations became effective on June 15, 2004. Under the CAA,
states are also required to adopt and submit SIPs to implement,
maintain, and enforce the NAAQS in designated nonattainment areas and
throughout the state.
When a nonattainment area has three years of complete, certified
air quality data that has been determined to attain the 1997 ozone
NAAQS, and the area has met other required criteria described in
section 107(d)(3)(E) of the CAA, the state can submit to EPA a request
to be redesignated to attainment, referred to as a ``maintenance
area''.\2\
---------------------------------------------------------------------------
\2\ Section 107(d)(3)(E) of the CAA sets out the requirements
for redesignation. They include attainment of the NAAQS, full
approval under section 110(k) of the applicable SIP, determination
that improvement in air quality is a result of permanent and
enforceable reductions in emissions, demonstration that the state
has met all applicable section 110 and part D requirements, and a
fully approved maintenance plan under CAA section 175A.
---------------------------------------------------------------------------
One of the criteria for redesignation is to have an approved
maintenance plan under CAA section 175A. The maintenance plan must
demonstrate that the area will continue to maintain the standard for
the period extending 10 years after redesignation, and it must contain
such additional measures as necessary to ensure maintenance and
[[Page 32679]]
such contingency provisions as necessary to assure that violations of
the standard will be promptly corrected. At the end of the eighth year
after the effective date of the redesignation, the state must also
submit a second maintenance plan to ensure ongoing maintenance of the
standard for an additional 10 years. CAA section 175A.
EPA has published long-standing guidance for states on developing
maintenance plans.\3\ The Calcagni Memorandum provides that states may
generally demonstrate maintenance by either performing air quality
modeling to show that the future mix of sources and emission rates will
not cause a violation of the NAAQS or by showing that future emissions
of a pollutant and its precursors will not exceed the level of
emissions during a year when the area was attaining the NAAQS (i.e.,
attainment year inventory). See Calcagni Memorandum at 9.
---------------------------------------------------------------------------
\3\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the ``Calcagni
Memorandum'').
---------------------------------------------------------------------------
On November 6, 2006, Ohio EPA submitted to EPA a request to
redesignate the Dayton-Springfield area to attainment for the 1997
ozone NAAQS.\4\ This submittal included, as a revision to the Ohio SIP,
a plan to provide for maintenance of the 1997 ozone NAAQS in the
Dayton-Springfield area through 2018. EPA approved the Dayton-
Springfield area maintenance plan and redesignated the area to
attainment for the 1997 ozone NAAQS on August 13, 2007 (72 FR
45169).\5\
---------------------------------------------------------------------------
\4\ Ohio EPA supplemented this submittal on November 6, 2006,
December 4, 2006, December 13, 2006, January 11, 2007, March 9,
2007, March 27, 2007 and May 31, 2007.
\5\ On February 11, 2013, Ohio EPA submitted a revision to the
original maintenance plan, replacing onroad emissions estimates and
MVEBs derived using the MOBILE6.2 model with onroad emissions
estimates and MVEBs derived using the MOVES2010a model. EPA approved
this revision to Ohio's SIP on October 24, 2013 (78 FR 63388).
---------------------------------------------------------------------------
Under CAA section 175A(b), states must submit a revision to the
first maintenance plan eight years after redesignation to provide for
maintenance of the NAAQS for ten additional years following the end of
the first 10-year period. EPA's final implementation rule for the 2008
ozone NAAQS revoked the 1997 ozone NAAQS and provided that one
consequence of revocation was that areas that had been redesignated to
attainment (i.e., maintenance areas) for the 1997 standard no longer
needed to submit second 10-year maintenance plans under CAA section
175A(b).\6\ However, in South Coast Air Quality Management District v.
EPA \7\ (South Coast II), the D.C. Circuit vacated EPA's interpretation
that, because of the revocation of the 1997 ozone standard, second
maintenance plans were not required for ``orphan maintenance areas,''
i.e., areas that had been redesignated to attainment for the 1997 NAAQS
and were designated attainment for the 2008 ozone NAAQS. Thus, states
with these ``orphan maintenance areas'' under the 1997 ozone NAAQS must
submit maintenance plans for the second maintenance period.
Accordingly, on April 12, 2019, Ohio submitted a second maintenance
plan for the Dayton-Springfield area that shows that the area is
expected to remain in attainment of the 1997 ozone NAAQS through 2028,
i.e., through the end of the full 20-year maintenance period.
---------------------------------------------------------------------------
\6\ See 80 FR 12315 (March 6, 2015).
\7\ 882 F.3d 1138 (D.C. Cir. 2018).
---------------------------------------------------------------------------
III. EPA's Evaluation of Ohio's SIP Submittal
A. Second Maintenance Plan
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 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.
On April 12, 2019, Ohio EPA submitted, as a SIP revision, a plan to
provide for maintenance of the 1997 ozone standard in the Dayton-
Springfield area through 2028, more than 20 years after the effective
date of the redesignation to attainment. As discussed below, EPA finds
that Ohio's second maintenance plan includes the necessary components
and proposes approve the maintenance plan as a revision to the Ohio
SIP.
1. Attainment Inventory
The CAA section 175A maintenance plan approved by EPA for the first
10-year period included an attainment inventory for the Dayton-
Springfield area that reflects typical summer day VOC and
NOX emissions in 2005. This inventory is summarized in Table
1 below.
Table 1--Dayton-Springfield Area Typical Summer Day VOC and NOX
Emissions for Attainment Year 2005 in Tons per Day (tpd)
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Nonroad................................. 12.16 84.66
Onroad.................................. 55.37 20.24
Point................................... 3.45 36.64
Area.................................... 46.23 4.65
-------------------------------
Total............................... 115.21 146.19
------------------------------------------------------------------------
In addition, because the Dayton-Springfield area continued to
monitor attainment of the 1997 ozone NAAQS in 2014, this is also an
appropriate year to use for an attainment year inventory. Ohio EPA is
using 2014 summer day emissions from EPA 2014 version 7.0 modeling
platform as the basis for the attainment inventory presented in Table
[[Page 32680]]
2 below.\8\ These data are based on the most recently available
National Emissions Inventory (2014 NEI version 2).
---------------------------------------------------------------------------
\8\ The inventory documentation for this platform can be found
here: https://www.epa.gov/air-emissions-modeling/2014-version-70-platform.
Table 2--Dayton-Springfield Area Typical Summer Day VOC and NOX
Emissions for Attainment Year 2014 (tpd)
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Nonroad................................. 8.99 10.18
Onroad.................................. 19.64 37.51
Point................................... 2.24 4.25
Area.................................... 34.14 7.18
-------------------------------
Total............................... 65.01 59.12
------------------------------------------------------------------------
2. Maintenance Demonstration
Ohio EPA is demonstrating maintenance through 2028 by showing that
future emissions of VOC and NOX for the Dayton-Springfield
area remain at or below attainment year emission levels. 2028 is an
appropriate maintenance year because it is more than 10 years beyond
the first 10-year maintenance period. The 2028 emissions inventory is
projected from the EPA 2011 version 6.3 modeling platform.\9\ The
relevant inventory scenario names are ``2014fd'' and ``2028el.'' The
2028 scenario was used to support past air quality modeling to support
the regional haze program. The 2028 summer day emissions inventory for
the Dayton-Springfield, OH area is summarized in Table 3 below. Table 4
documents changes in NOX and VOC emissions in the Dayton-
Springfield area between 2005, 2014 and 2028.
---------------------------------------------------------------------------
\9\ The inventory documentation for this platform can be found
here: https://www.epa.gov/air-emissions-modeling/2011-version-63-platform.
Table 3--Dayton-Springfield Area Typical Summer Day VOC and NOX
Emissions for Maintenance Year 2028 (tpd)
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Nonroad................................. 7.64 4.57
Onroad.................................. 6.09 11.36
Point................................... 2.65 6.39
Area.................................... 24.73 10.39
-------------------------------
Total............................... 41.11 32.71
------------------------------------------------------------------------
Table 4--Change in Typical Summer Day VOC and NOX Emissions in the Dayton-Springfield Area Between 2005, 2014, and 2028
[tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
---------------------------------------------------------------------------------------------------------------------------
Source category Net Change Net Change Net Change Net Change
2005 2014 2028 (2005-2028) (2014-2028) 2005 2014 2028 (2005-2028) (2014-2028)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nonroad..................... 12.16 8.99 7.64 -4.52 -1.35 84.66 10.18 4.57 -80.09 -5.61
Onroad...................... 55.37 19.64 6.09 -49.28 -13.55 20.24 37.51 11.36 -8.88 -26.15
Point....................... 3.45 2.24 2.65 -0.80 0.41 36.64 4.25 6.39 -30.25 2.14
Area........................ 46.23 34.14 24.73 -21.50 -9.41 4.65 7.18 10.39 5.74 3.21
---------------------------------------------------------------------------------------------------------------------------
Total................... 115.21 65.01 41.11 -74.10 -23.90 146.19 59.12 32.71 -113.48 -26.41
--------------------------------------------------------------------------------------------------------------------------------------------------------
In summary, the maintenance demonstration for the Dayton-
Springfield area shows maintenance of the 1997 ozone standard by
providing emissions information to support the demonstration that
future emissions of NOX and VOC will remain at or below 2014
emission levels when taking into account both future source growth and
implementation of future controls. Table 4 shows VOC and NOX
emissions in the Dayton-Springfield area are projected to decrease by
23.90 tpd and 26.41 tpd, respectively, between 2014 and 2028.
3. Continued Air Quality Monitoring
Ohio EPA has committed to continue to operate an approved ozone
monitoring network in the Dayton-Springfield, OH area. 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
EPA 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
Dayton-Springfield area. This includes the
[[Page 32681]]
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 has committed to
continue to operate an approved ozone monitoring network in the Dayton-
Springfield, OH area. Ohio will not discontinue operation, relocate, or
otherwise change the existing ozone monitoring network other than
through revisions in the network approved by EPA.
In addition, to track future levels of emissions, Ohio EPA has
committed to continue to develop and submit to EPA updated emission
inventories for all source categories at least once every three years,
consistent with the requirements of 40 CFR part 51, subpart A, and in
40 CFR 51.122. The Consolidated Emissions Reporting Rule (CERR) was
promulgated by EPA on June 10, 2002 (67 FR 39602). The CERR was
replaced by the Annual Emissions Reporting Requirements (AERR) on
December 17, 2008 (73 FR 76539).
5. Contingency Plan
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 Dayton-Springfield 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 0.088 ppm or higher is monitored
within the maintenance area. A warning level response will consist of
Ohio EPA conducting a study to determine whether the ozone value
indicates a trend toward higher ozone values or whether emissions
appear to be increasing. The study will evaluate whether the trend, if
any, is likely to continue and, if so, the control measures necessary
to reverse the trend. The study will consider ease and timing of
implementation as well as economic and social impacts. Implementation
of necessary controls in response to a warning level response trigger
will take place within 12 months from the conclusion of the most recent
ozone season.
In Ohio's plan, an action level response is triggered when a two-
year average fourth high value of 0.084 ppm or greater is monitored
within the maintenance area. A violation of the 1997 ozone standard
within the maintenance area also triggers an action level response. In
the event that the action level is triggered and is not found to be due
to an exceptional event, malfunction, or noncompliance with a permit
condition or rule requirement, Ohio EPA, in conjunction with the
metropolitan planning organization or regional council of governments,
will determine what additional control measures are needed to assure
future attainment of the ozone standard. 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 reasonably available control technology (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. Thus, EPA finds that the
maintenance plan SIP revision submitted by Ohio EPA for the Dayton-
Springfield area meets the requirements of section 175A of the CAA and
proposed to approve it as a revision to the Ohio SIP.
B. Transportation Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's
conformity rule at 40 CFR part 93 requires that transportation plans,
programs and projects conform to SIPs and establish the criteria and
procedures for determining whether they conform. The conformity rule
generally requires a demonstration that emissions from the Regional
Transportation Plan (RTP) and the Transportation Improvement Program
(TIP) are consistent with the motor vehicle emissions budget (MVEB)
contained in the control strategy SIP
[[Page 32682]]
revision or maintenance plan (40 CFR 93.101, 93.118, and 93.124). A
MVEB is defined as ``that portion of the total allowable emissions
defined in the submitted or approved control strategy implementation
plan revision or maintenance plan for a certain date for the purpose of
meeting reasonable further progress milestones or demonstrating
attainment or maintenance of the NAAQS, for any criteria pollutant or
its precursors, allocated to highway and transit vehicle use and
emissions'' (40 CFR 93.101).
The South Coast II court decision upheld EPA's revocation of the
1997 ozone NAAQS, which was effective on April 6, 2015. EPA's current
transportation conformity regulation requires a regional emissions
analysis only during the time period beginning one year after a
nonattainment designation for a particular NAAQS until the effective
date of revocation of that NAAQS (40 CFR 93.109(c)). Therefore,
pursuant to the conformity regulation, a regional emissions analysis
using MVEBs is not required for conformity determinations for the 1997
ozone NAAQS because that NAAQS has been revoked (80 FR 12264). As no
regional emissions analysis is required for the Dayton-Springfield
area, transportation conformity for the 1997 ozone NAAQS can be
demonstrated by an MPO and DOT for transportation plans and TIPs by
showing that the remaining criteria contained in Table 1 in 40 CFR
93.109, and 40 CFR 93.108 have been met.
IV. Proposed Action
Under sections 110(k) and 175A of the CAA and for the reasons set
forth above, and based on Ohio's representations and commitments set
forth above, EPA is proposing to approve the Dayton-Springfield area
second maintenance plan for the 1997 ozone NAAQS, submitted by Ohio EPA
on April 12, 2019, as a revision to the Ohio SIP. The second
maintenance plan is designed to keep the Dayton-Springfield area in
attainment of the 1997 ozone NAAQS through 2028.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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 it is not a significant regulatory
action 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 disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: June 20, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-14246 Filed 7-8-19; 8:45 am]
BILLING CODE 6560-50-P
