96-1848. Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio  

  • [Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
    [Rules and Regulations]
    [Pages 3319-3326]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-1848]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Parts 52 and 81
    
    [OH66-1-6499A, OH76-1-6900A; FRL-5405-4]
    
    
    Approval and Promulgation of Implementation Plans and Designation 
    of Areas for Air Quality Planning Purposes; Ohio
    
    AGENCY: United States Environmental Protection Agency (USEPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: The USEPA is approving the State of Ohio's State 
    Implementation Plan revision request to redesignate the Canton (Stark 
    County), and Youngstown (Mahoning and Trumbull Counties) marginal ozone 
    nonattainment areas to attainment, and establish ozone standard 
    maintenance plans for these areas. Ground-level ozone, commonly known 
    as smog, is an air pollutant which forms on hot summer days which 
    harmfully affects lung tissue and breathing passages. The redesignation 
    to attainment of the health-based ozone air quality standard is based 
    on a request from the State of Ohio to redesignate this area and 
    approve its maintenance plan, and on the supporting data the State 
    submitted in support of the requests. Under the Clean Air Act, 
    designations can be changed if sufficient data are available to warrant 
    such change, and a maintenance plan is put in place which is designed 
    to ensure the area maintains ozone air quality standard for the next 
    ten years.
    
    
    [[Page 3320]]
    
    DATES: The ``direct final'' is effective on April 1, 1996, unless USEPA 
    receives adverse or critical comments by March 1, 1996. If USEPA 
    receives comments adverse to or critical of the approval discussed 
    above, USEPA will withdraw this approval before its effective date by 
    publishing a subsequent Federal Register document which withdraws this 
    final action. All public comments received will then be addressed in a 
    subsequent rulemaking document.
    
    ADDRESSES: Copies of the revision request and USEPA's analysis 
    (Technical Support Document) are available for inspection at the 
    following address: United States Environmental Protection Agency, 
    Region 5, Air and Radiation Division, 77 West Jackson Boulevard (AR-
    18J), Chicago, Illinois 60604. (It is recommended that you telephone 
    William Jones at (312) 886-6058, before visiting the Region 5 Office).
        Written comments should be sent to: J. Elmer Bortzer, Chief, 
    Regulation Development Section, Regulation Development Branch (AR-18J), 
    U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
    Chicago, Illinois 60604.
    
    FOR FURTHER INFORMATION CONTACT: William Jones at (312) 886-6058.
    
    SUPPLEMENTARY INFORMATION: Under section 107(d) of the pre-amended 
    Clean Air Act (CAA), the United States Environmental Protection Agency 
    (USEPA) promulgated the ozone attainment status for each area of every 
    State. For Ohio, Canton (Stark County), and Youngstown (Mahoning, and 
    Trumbull Counties) were designated as a nonattainment area for ozone, 
    see 43 FR 8962 (March 3, 1978), and 43 FR 45993 (October 5, 1978). On 
    November 15, 1990, the Clean Air Act Amendments of 1990 were enacted. 
    Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. 
    Pursuant to section 107(d)(1)(C) of the CAA, the Canton and Youngstown 
    areas retained their designation of nonattainment for ozone by 
    operation of law, see 56 FR 56694 (November 6, 1991). At the same time 
    these areas were classified as marginal ozone nonattainment areas based 
    on design values of 0.135 parts per million (ppm) for Canton, and 0.134 
    ppm for Youngstown. Design values are based upon actual monitoring data 
    collected in the area. A design value is calculated for each monitoring 
    site in the area, with the highest monitor design value being the 
    design value for the area. A design value for each monitor is usually 
    the fourth highest reading during a three year period. Generally, the 
    design value has been set from the years 1987 to 1989. Section 181 of 
    the CAA provides a table establishing classifications for different 
    areas based upon area design values. Areas with design values of 0.121 
    ppm up to 0.138 ppm are classified as marginal nonattainment. Mercer 
    County, Pennsylvania was also included in the Youngstown-Warren-Sharon 
    marginal ozone nonattainment area, along with Mahoning and Trumbull 
    Counties, Ohio. An ozone redesignation request was made by Ohio for 
    Mahoning and Trumbull Counties, but Pennsylvania has not requested 
    redesignation of Mercer County. In this case it is appropriate to 
    proceed with the redesignation of the Ohio portion of this ozone 
    nonattainment area, because: (1) The entire Youngstown-Warren-Sharon 
    marginal ozone nonattainment area has attained the ozone National 
    Ambient Air Quality Standards (NAAQS); and (2) Ohio's maintenance plan 
    contains triggers that rely on the ozone monitor located in Mercer 
    County, Pennsylvania.
        The Ohio Environmental Protection Agency (OEPA) requested that the 
    areas be redesignated in letters dated March 25, 1994, (received on 
    April 5, 1994) and August 15, 1994, (received on August 22, 1994) for 
    Canton and Youngstown, Ohio, respectively. The public hearing portions 
    were transmitted to us in letters from Robert Hodanbosi, Chief of the 
    Division of Air Pollution Control, OEPA, dated August 10, 1994, for 
    Canton, and November 14, 1994, for Youngstown.
        The State provided monitoring, emissions data, and other 
    documentation to support its redesignation requests. The review 
    criteria and a review of the requests are provided below.
    
    I. Redesignation Review Criteria
    
        Under the CAA, designations can be changed if sufficient data are 
    available to warrant such change. The CAA provides the requirements for 
    redesignating a nonattainment area to attainment. Specifically, section 
    107(d)(3)(E) provides for redesignation if: (i) The Administrator 
    determines that the area has attained the NAAQS; (ii) The Administrator 
    has fully approved the applicable implementation plan for the area 
    under Section 110(k); (iii) The Administrator determines that the 
    improvement in air quality is due to permanent and enforceable 
    reductions in emissions resulting from implementation of the applicable 
    implementation plan and applicable Federal air pollutant control 
    regulations and other permanent and enforceable reductions; (iv) The 
    Administrator has fully approved a maintenance plan for the area as 
    meeting the requirements of Section 175A; and (v) The State containing 
    such area has met all requirements applicable to the area under Section 
    110 and Part D.
        The United States Environmental Protection Agency (USEPA) has 
    provided guidance on processing redesignation requests in the following 
    memoranda and related documents:
        1. Inspection/Maintenance Program Requirement--Provisions for 
    Redesignation (60 FR 1735), January 5, 1995.
        2. ``Part D New Source Review (part D NSR) Requirements for Areas 
    Requesting Redesignation to Attainment,'' Mary D. Nichols, Assistant 
    Administrator for Air and Radiation, October 14, 1994.
        3. Conformity; General Preamble for Exemption from Nitrogen Oxides 
    Provisions, General Preamble for Future Proposed Rulemakings (59 FR 
    31238), June 17, 1994.
        4. ``Section 182(f) Nitrogen Oxides (NOx) Exemptions Revised 
    Process and Criteria,'' John S. Seitz, Director, Office of Air Quality 
    Planning and Standards, May 27, 1994.
        5. ``Maintenance Plan Requirements for Incomplete/No Data Areas,'' 
    Lydia Wegman, Deputy Director, Office of Air Quality Planning and 
    Standards, May 8, 1994.
        6. ``Use of Actual Emissions in Maintenance Demonstrations for 
    Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' D. Kent Berry, 
    Acting Director, Air Quality Management Division, November 30, 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,'' Michael H. Shapiro, Acting Assistant 
    Administrator for Air and Radiation, September 17, 1993.
        8. ``Technical Support Document (TSDs) for Redesignating Ozone and 
    Carbon Monoxide (CO) Nonattainment Areas,'' G. T. Helms, Chief, Ozone/
    Carbon Monoxide Programs Branch, August 17, 1993.
        9. ``State Implementation Plan (SIP) Actions Submitted in Response 
    to Clean Air Act (ACT) Deadlines,'' John Calcagni, Director, Air 
    Quality Management Division, October 28, 1992.
        10. ``Procedures for Processing Requests to Redesignate Areas to 
    Attainment,'' John Calcagni, Director, Air Quality Management Division, 
    September 4, 1992. 
    
    [[Page 3321]]
    
        11. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
    Redesignations,'' G.T. Helms, Chief, Ozone/Carbon Monoxide Programs 
    Branch, June 1, 1992.
    
    II. Review of the Redesignation Requests
    
        The redesignation requests were reviewed to determine if they meet 
    the criteria for redesignating an area to attainment.
    
    A. The Area Must Have Attained the Ozone NAAQS
    
        For ozone, an area may be considered attaining the NAAQS if there 
    are no violations, as determined in accordance with the regulation 
    codified at 40 CFR 50.9, based on the three (3) most recent consecutive 
    calendar years of quality assured monitoring data. A violation occurs 
    when the ozone air quality monitoring data show greater than one (1) 
    average expected exceedance per year. An exceedance occurs when the 
    maximum hourly ozone concentration exceeds 0.124 parts per million 
    (ppm). The data should be collected and quality-assured in accordance 
    with 40 CFR part 58, and recorded in the Aerometric Information 
    Retrieval System (AIRS) in order for it to be available to the public 
    for review.
        Ambient air quality monitoring data show that these two areas 
    attained the NAAQS for ozone during the 1989 to 1994 time period, and 
    preliminary 1995 ozone monitoring data continues to demonstrate both 
    areas' continued attainment.
        The ozone monitoring network for Canton consists of four (4) 
    monitors. In Canton only one (1) exceedance of the ozone standard has 
    been monitored since 1990; it was 0.130 ppm and occurred at the North 
    Canton monitor in 1991. The monitoring network for the Youngstown area 
    consists of four (4) monitors that are located in Mercer, Mahoning, and 
    Trumbull Counties. The Youngstown area has monitored several 
    exceedances since 1990 but is not in violation of the ozone standard. 
    Preliminary monitoring data for 1995 shows only one exceedance at the 
    Mahoning County Monitor, which is the first exceedance at that monitor 
    since 1991. This would not result in a violation.
        Data stored in AIRS was used to determine the annual average 
    expected exceedances for the years 1992, 1993, and 1994. Data contained 
    in AIRS have undergone quality assurance review by the State and USEPA. 
    Since the annual average number of expected exceedances for each 
    monitor during the most recent three years is less than 1.0, the Canton 
    and Youngstown areas are attaining the standard.
        Summaries of air quality data for Canton, and Youngstown are 
    contained in Tables 1 and 2. The areas are currently meeting the 
    section 107(d)(3)(E)(i) requirement of attaining the ozone NAAQS.
    
                       Table 1.--Peak 1-Hour Ozone Concentrations in the Canton Area 1989 to 1994                   
    ----------------------------------------------------------------------------------------------------------------
                                                                                            Exceedances    Expected 
                        Site                                  County                Year      measured   exceedances
    ----------------------------------------------------------------------------------------------------------------
    Malone College..............................  Stark........................       1989           0          0.0 
    Malone College..............................  Stark........................       1990           0          0.0 
    Malone College..............................  Stark........................       1991           0          0.0 
    Malone College..............................  Stark........................       1992           0          0.0 
    Malone College..............................  Stark........................       1993           0          0.0 
    Malone College..............................  Stark........................       1994           0          0.0 
    245 W 5th St................................  Stark........................       1992           0          0.0 
    245 W 5th St................................  Stark........................       1993           0          0.0 
    245 W 5th St................................  Stark........................       1994           0          0.0 
    6318 Heminger Av............................  Stark........................       1989           0          0.0 
    6318 Heminger Av............................  Stark........................       1990           0          0.0 
    6318 Heminger Av............................  Stark........................       1991           1          1.0 
    6318 Heminger Av............................  Stark........................       1992           0          0.0 
    6318 Heminger Av............................  Stark........................       1993           0          0.0 
    6318 Heminger Av............................  Stark........................       1994           0          0.0 
    City of Alliance............................  Stark........................       1991           0          0.0 
    City of Alliance............................  Stark........................       1992           0          0.0 
    City of Alliance............................  Stark........................       1993           0          0.0 
    City of Alliance............................  Stark........................       1994           0          0.0 
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                     Table 2.--Peak 1-Hour Ozone Concentrations in the Youngstown Area 1989 to 1994                 
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                                                                                            Exceedances    Expected 
                        Site                                  County                Year      measured   exceedances
    ----------------------------------------------------------------------------------------------------------------
    9 West Front St.............................  Mahoning.....................       1989           0          0.0 
    9 West Front St.............................  Mahoning.....................       1990           0          0.0 
    9 West Front St.............................  Mahoning.....................       1991           1          1.0 
    9 West Front St.............................  Mahoning.....................       1992           0          0.0 
    9 West Front St.............................  Mahoning.....................       1993           0          0.0 
    9 West Front St.............................  Mahoning.....................       1994           0          0.0 
    Airport.....................................  Trumbull.....................       1991           0          0.0 
    Airport.....................................  Trumbull.....................       1992           0          0.0 
    Airport.....................................  Trumbull.....................       1993           0          0.0 
    Airport.....................................  Trumbull.....................       1994           0          0.0 
    Community Hall..............................  Trumbull.....................       1992           0          0.0 
    Community Hall..............................  Trumbull.....................       1993           1          1.0 
    Community Hall..............................  Trumbull.....................       1994           0          0.0 
    City of Farrell.............................  Mercer.......................       1989           0          0.0 
    City of Farrell.............................  Mercer.......................       1990           0          0.0 
    City of Farrell.............................  Mercer.......................       1991           0          0.0 
    
    [[Page 3322]]
                                                                                                                    
    City of Farrell.............................  Mercer.......................       1992           0          0.0 
    City of Farrell.............................  Mercer.......................       1993           0          0.0 
    City of Farrell.............................  Mercer.......................       1994           0          0.0 
    M. K. Goddard State Park....................  Mercer.......................       1989           0          0.0 
    M. K. Goddard State Park....................  Mercer.......................       1990           0          0.0 
    M. K. Goddard State Park....................  Mercer.......................       1991           0          0.0 
    M. K. Goddard State Park....................  Mercer.......................       1992           0          0.0 
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    B. The Area Must Have a Fully Approved SIP Under Section 110(k); and 
    the Area Must Have Met all Applicable Requirements Under Section 110 
    and Part D
    
        Before the Canton and Youngstown areas may be redesignated to 
    attainment for ozone, each area must have fulfilled the applicable 
    requirements of section 110 and part D. USEPA interprets section 
    107(d)(3)(E)(v) to mean that, for a redesignation request to be 
    approved, the State must have met all requirements that became 
    applicable to the subject area prior to or at the time of the 
    submission of the redesignation request. As the Canton and Youngstown 
    redesignation requests were submitted to USEPA in March and August 
    1994, requirements that came due prior to these respective times must 
    be met for each request to be approved. Requirements of the CAA that 
    come due subsequent to the submission of the redesignation request 
    continue to be applicable to the area (see section 175A(c)) and, if the 
    redesignation is disapproved, the State remains obligated to fulfill 
    those requirements.
    1. Section 110  Requirements
        General SIP elements are delineated in section 110(a)(2) of Title 
    I, Part A. These requirements include but are not limited to the 
    following: submittal of a SIP that has been adopted by the State after 
    reasonable notice and public hearing, provisions for establishment and 
    operation of appropriate apparatus, methods, systems and procedures 
    necessary to monitor ambient air quality, implementation of a permit 
    program, provisions for Part C (PSD) and D (NSR) permit programs, 
    criteria for stationary source emission control measures, monitoring, 
    and reporting, provisions for modeling, and provisions for public and 
    local agency participation. For purposes of redesignation, the Ohio SIP 
    was reviewed to ensure that all requirements under the amended Act were 
    satisfied.
    2. Part D  Requirements
        Under part D, an area's classification determines the requirements 
    to which it is subject. Subpart 1 of part D sets forth the basic 
    nonattainment requirements applicable to all nonattainment areas. 
    Subpart 2 of part D establishes additional requirements for 
    nonattainment areas classified under table 1 of section 181(a). As 
    described in the General Preamble for the Implementation of Title 1, 
    specific requirements of subpart 2 may override subpart 1's general 
    provisions (57 FR 13501 (April 16, 1992)). The 1990 Amendments to the 
    CAA reaffirmed the ozone nonattainment status of the Canton and 
    Youngstown areas and classified the areas as marginal. Therefore, in 
    order to be redesignated, the State must meet the applicable 
    requirements of subpart 1 of part D--as well as the applicable 
    requirements of subpart 2 of part D that apply to marginal areas such 
    as Canton and Youngstown.
        Section 172(c) sets forth general requirements applicable to all 
    nonattainment areas. Under section 172(b), the section 172(c) 
    requirements are applicable as determined by the Administrator, but no 
    later than 3 years after an area has been designated as nonattainment 
    under the amended CAA. Furthermore, as noted above, some of these 
    section 172(c) requirements are superseded by more specific 
    requirements in subpart 2 of part D. In the cases of Canton and 
    Youngstown, the State has satisfied all of the section 172(c) 
    requirements necessary for these areas to be redesignated upon the 
    basis of the redesignation requests submitted on March 25, 1994, and 
    August 15, 1994.
        In the case of marginal ozone nonattainment areas, the section 
    172(c)(1) Reasonably Available Control Measures was superseded by 
    section 182(a)(2) Reasonably Available Control Technology (RACT) 
    requirements, which required marginal ozone nonattainment areas that 
    were previously designated nonattainment to submit RACT corrections. 
    See General Preamble for the Implementation of Title I, 57 FR at 13503, 
    and the volatile organic compound (VOC) RACT Fix-up rulemaking 
    published at 58 FR 49458. Thus, for the Canton and Youngstown areas, 
    the VOC RACT fix-up SIP must be fully approved. The VOC RACT fix-up SIP 
    previously submitted by Ohio was given partial approval, partial 
    disapproval, and partial limited approval/limited disapproval. See the 
    Federal Register rulemaking dated May 9, 1994, at 56 FR 23796. However, 
    Ohio made a subsequent submittal to address the VOC RACT requirements 
    for these areas, for which USEPA has published a direct final approval, 
    along with a proposed approval action. See the direct final and 
    proposed rulemakings published in the Federal Register on March 23, 
    1995 (60 FR 15235, and 60 FR 15270). Consequently, the VOC RACT fix-up 
    requirements have now been fully approved and became effective on May 
    5, 1995. Also, by virtue of provisions of section 182(a), marginal 
    areas were not required to submit a demonstration that the SIP provide 
    for attainment.
        With respect to the section 172(c)(2) Reasonable Further Progress 
    (RFP) requirement, as the Canton and Youngstown areas have attained the 
    ozone NAAQS no RFP requirements apply. See General Preamble for the 
    Implementation of title I, 57 FR at 13564.
        The section 172(c)(3) emissions inventory requirement was addressed 
    in a separate review and December 7, 1995, rulemaking action on the 
    1990 base year inventory required under subpart 2 of part D, section 
    182(a)(1) (See 60 FR 62737). In that action, the inventory was approved 
    as meeting the section 182(a)(1) requirement. Since the 182(a)(1) 
    requirement is met, the 172(c)(3) requirement is also satisfied.
        As for the section 172(c)(5) NSR requirement, USEPA has determined 
    that areas being redesignated need not comply with the NSR requirement 
    prior to redesignation provided that the area demonstrates maintenance 
    of the standard without part D NSR in effect. 
    
    [[Page 3323]]
    A memorandum from Mary Nichols, Assistant Administrator for Air and 
    Radiation, dated October 14, 1994, entitled Part D New Source Review 
    (part D NSR) Requirements for Areas Requesting Redesignation to 
    Attainment, fully describes the rationale for this view, and is based 
    on the Agency's authority to establish de minimis exceptions to 
    statutory requirements. See Alabama Power Co. v. Costle, 636 F. 2d 323, 
    360-61 (D.C. Cir. 1979). As discussed below, the State of Ohio has 
    demonstrated that the Canton and Youngstown areas will be able to 
    maintain the standard without part D NSR in effect and, therefore, the 
    State need not have a fully-approved part D NSR program prior to 
    approval of the redesignation request for these areas. Once the area is 
    redesignated to attainment, the PSD program, which has been delegated 
    to Ohio, will become effective immediately. The PSD program was 
    delegated to Ohio at Code of Federal Regulations 40 CFR 52.21(u), on 
    May 1, 1980, and amended November 7, 1988.
        The section 172(c)(9) contingency measure requirements also do not 
    apply to marginal ozone nonattainment areas. Section 182(a) of the CAA 
    states that section 172(c)(9) (relating to contingency measures) shall 
    not apply to marginal areas.
        Finally, for purposes of redesignation, the Canton and Youngstown 
    SIPs were reviewed to ensure that all requirements of section 
    110(a)(2), containing general SIP elements, were satisfied. As noted 
    above, USEPA believes the SIP satisfies all of those requirements.
        Section 176(c) of the Act requires States to revise their SIPs to 
    establish criteria and procedures to ensure that, before they are 
    taken, Federal actions conform to the air quality planning goals in the 
    applicable State SIP. The requirement to determine conformity applies 
    to transportation plans, programs and projects developed, funded or 
    approved under Title 23 U.S.C. or the Federal Transit Act 
    (``transportation conformity''), as well as to all other Federal 
    actions (``general conformity'').
        The USEPA promulgated final transportation conformity regulations 
    on November 24, 1993 (58 FR 62188) and general conformity regulations 
    on November 30, 1993 (58 FR 63214). Pursuant to section 51.396 of the 
    transportation conformity rule and section 51.851 of the general 
    conformity rule, the State of Ohio is required to submit a SIP revision 
    containing transportation conformity criteria and procedures consistent 
    with those established in the Federal rule by November 25, 1994, and 
    November 30, 1994, respectively. Because the redesignation request was 
    submitted before these SIP revisions came due, they are not applicable 
    requirements under section 107(d)(3)(E)(v) for the purposes of 
    evaluating this redesignation request.
        Marginal ozone nonattainment areas are subject to the requirements 
    of section 182(a) of subpart 2. Ohio has met all of the applicable 
    requirements of that subsection with respect to the Canton and 
    Youngstown areas. The emission statement SIP required by section 
    182(a)(3)(B) was approved on October 13, 1994. See 59 FR 51863. An 
    Inspection/Maintenance (I/M) SIP was not required under section 
    182(a)(2)(B) since these areas were not required to have an I/M program 
    before the enactment of the 1990 CAA Amendments. On September 23, 1993, 
    the proposed rulemaking on the VOC RACT SIP was published. On May 9, 
    1994, the final rulemaking was published. This rulemaking gave partial 
    approval/disapproval, partial limited approval/limited disapproval. A 
    direct final rulemaking was published on March 23, 1995, providing full 
    approval of the VOC RACT rules required for Youngstown and Canton. The 
    emissions inventories were approved in a separate rulemaking, published 
    on December 7, 1995 (See 60 FR 62737). Finally, the State need not 
    comply with the requirements of section 182(a)(2)(C) concerning 
    revisions to the part D NSR program in order for the Canton and 
    Youngstown areas to be redesignated for the reasons explained above in 
    connection with the discussion of the section 172(c)(5) NSR 
    requirement. Since the emissions inventory, emissions statements, and 
    VOC RACT SIPs are fully approved, the redesignations meet the section 
    107(d)(3)(E)(ii) and (v) requirements.
    
    C. The Improvement in Air Quality Must be due to Permanent and 
    Enforceable Reductions in Emissions Resulting From the SIP, Federal 
    Measures and Other Permanent and Enforceable Reductions
    
        In order to meet this requirement, the State should show the change 
    in an area's emissions from its design value year (this is generally 
    1988) to an attainment year. The design value year is the year in which 
    the monitored concentration, used to classify these areas as marginal, 
    occurred.
        In Canton, point source VOC emissions decreased 2.9 tons per day 
    (TPD) from 1988 to 1993, due to a State permit controlling emissions at 
    the Smith & Nephew Perry facility in Massillon. Area sources changed 
    very little between 1988 and 1993. Mobile source VOC and NOX 
    decreased 15.0 tons per day (TPD) of VOC, and 1.7 TPD, respectively 
    from 1988 to 1993. These mobile source emission reductions were due to 
    Federal Motor Vehicle Emissions Control Program (FMVECP) required at 40 
    Code of Federal Regulations (CFR) Part 86 and the Federal Reid Vapor 
    Pressure (RVP) program (which lowered the RVP of gasoline to 9.0 psi) 
    required at 40 CFR Part 80. Since both these programs are Federal 
    programs and are Federally enforceable and permanent, the improvement 
    in Canton's air quality was due to permanent and enforceable reductions 
    in emissions.
        In Youngstown, mobile and point source VOC emissions decreased 
    approximately 5 TPD, and 1 TPD, respectively, between 1988 and 1990. 
    The area source emissions were unchanged. This results in a total 
    change in VOC emissions of approximately 6 TPD (6 percent decrease) 
    from 1988 to 1990. The majority of this reduction was due to the 
    FMVECP. Based on this, the improvement in Youngstown's air quality was 
    due to permanent and enforceable reductions in emissions.
        Both the Canton and Youngstown redesignation requests meet the 
    section 107(d)(3)(E)(iii) redesignation requirements.
    
    D. The Area Must Have a Fully Approved Maintenance Plan Meeting the 
    Requirements of Section 175A
    
        Section 175A of the CAA sets forth the elements of a maintenance 
    plan for areas seeking redesignation from nonattainment to attainment. 
    The maintenance plan is a SIP revision which provides for maintenance 
    of the relevant NAAQS in the area for at least 10 years after 
    redesignation. A September 4, 1992, USEPA memorandum from the Director 
    of the Air Quality Management Division, Office of Air Quality Planning 
    and Standards, to Directors of Regional Air Divisions regarding 
    redesignation provides further guidance on the required content of a 
    maintenance plan.
        An ozone maintenance plan should address the following five areas: 
    the attainment inventory, maintenance demonstration, monitoring 
    network, verification of continued attainment and a contingency plan. 
    The attainment emissions inventory identifies the emissions level in 
    the area which is sufficient to attain the ozone NAAQS, and includes 
    emissions during the time period which had no monitored violations. 
    Maintenance is demonstrated by showing that future emissions will 
    
    [[Page 3324]]
    not exceed the level established by the attainment inventory. 
    Provisions for continued operation of an appropriate air quality 
    monitoring network are to be included in the maintenance plan. The 
    State must show how it will track and verify the progress of the 
    maintenance plan. Finally, the maintenance plan must include 
    contingency measures which ensure prompt correction of any violation of 
    the ozone standard.
        The State addresses the attainment inventory, maintenance 
    demonstration, continued monitoring, tracking plans progress, and the 
    contingency plan. The State has included emissions summaries for 1990 
    as the attainment inventories for Canton and Youngstown.
        The Canton and Youngstown maintenance plans provide emissions 
    estimates from 1990 to 2005 for VOCs.1 The emissions are projected 
    to decrease for both areas. The emissions projections for Youngstown 
    show an expected 18 percent decrease in total VOC emissions, and almost 
    a 6 percent decrease in total NOX emissions from 1990 to 2005. For 
    Canton, the emissions projections show a 15 percent reduction in VOC 
    emissions and almost a 6 percent reduction in NOX emissions. The 
    results show that these areas are expected to maintain the ozone air 
    quality standard for the next 10 years into the future.
    
        \1\  The State used USEPA's MOBILE emission factor model and 
    vehicle miles travelled projections to estimate future mobile source 
    emissions in the area.
    
                                     Table 3.--VOC Emissions in Tons Per Summer Day                                 
    ----------------------------------------------------------------------------------------------------------------
                                                                         Point       Area       Mobile              
                                  Year                                  sources     sources     sources     Totals  
    ----------------------------------------------------------------------------------------------------------------
    1990............................................................       12.36       42.65       31.66       86.67
    1996............................................................       13.01       43.25       18.27       74.53
    2000............................................................       13.46       43.67       16.90       74.03
    2006............................................................       14.07       44.20       15.34       73.61
    ----------------------------------------------------------------------------------------------------------------
    
    
                                   Table 4.--NOX VOC Emissions in Tons Per Summer Day                               
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1990............................................................        6.74       16.87       16.20       39.81
    1996............................................................        7.17       17.19       14.20       38.56
    2000............................................................        7.51       17.40       13.18       38.09
    2006............................................................        7.96       17.68       12.00       37.64
    ----------------------------------------------------------------------------------------------------------------
    
        Emissions summaries for VOCs and NOX are provided below for 
    the Youngstown area:
    
                 Table 5.--VOC Emissions in Tons Per Summer Day             
    ------------------------------------------------------------------------
                                    Point       Area      Mobile            
                Year               sources    sources    sources     Totals 
    ------------------------------------------------------------------------
    1990........................      16.71      41.28      48.98     106.97
    1996........................      16.38      41.21      31.27      88.86
    2000........................      15.90      41.14      27.58      84.62
    2005........................      15.42      41.11      24.33      80.86
    ------------------------------------------------------------------------
    
    
                 Table 6.--NOX Emissions in Tons Per Summer Day             
    ------------------------------------------------------------------------
                                    Point       Area      Mobile            
                Year               sources    sources    sources     Totals 
    ------------------------------------------------------------------------
    1990........................      23.25      17.99      29.87      71.11
    1996........................      23.30      17.90      27.54      68.74
    2000........................      23.36      17.79      24.11      65.26
    2005........................      23.46      17.70      21.12      62.28
    ------------------------------------------------------------------------
    
        The State also commits to continuing the operation of the monitors 
    in both areas. It will also track the maintenance of the areas by 
    regularly updating the emissions inventories for the areas. The 
    transportation conformity budgets for 2005 will be 32.16 TPD of VOC and 
    27.30 TPD of oxides of nitrogen (NOX) for Youngstown. These 
    budgets were chosen by the State of Ohio. The interim years do not set 
    a budget for transportation conformity. They are based on allocating 30 
    percent of the VOC emissions safety margin to the mobile source sector 
    and 70 percent of the NOX emissions safety margin to the mobile 
    sources sector. The safety margin is the difference in emissions 
    between the total 2006 emissions and the 1990 emissions for VOC and 
    NOX. For Canton, the mobile source emissions budgets for 2006 are 
    15.34 TPD of VOC emissions and 12.0 TPD of NOX. The budgets 
    provided above for Canton and Youngstown are the only transportation 
    conformity budgets established by the maintenance plan for these areas. 
    
    
    [[Page 3325]]
    
        The State commits to lower RVP as the contingency measure for 
    Canton. They also provided the following schedule in Table 4 for 
    implementing the measure. This measure would be triggered in Canton by 
    a violation of the ozone standard in Stark County. In order for the 
    State to user lower RVP gasoline, a finding of necessity must first be 
    made by USEPA under Section 211(c)(4)(C). If this finding of necessity 
    is not provided, Ohio EPA has committed to choose an alternative 
    unspecified emissions control measure deemed appropriate based upon a 
    consideration of cost-effectiveness, VOC reduction potential, economic 
    and social considerations, or other factors that the State judges to be 
    appropriate. This decision would be made and implemented within 12 
    months from the official notification by USEPA that a waiver would not 
    be granted.
        In the Youngstown area a violation of the standard in Mahoning, 
    Trumbull, or Mercer County, would trigger the lower RVP measure for 
    Mahoning and Trumbull Counties. USEPA has to provide a waiver before 
    the lower RVP measure can be implemented. The State will select a 
    different measure if USEPA does not provide the waiver. The maintenance 
    requirements of section 107(d)(3)(E)(iv) have been met by the Canton 
    and Youngstown areas.
    
    Table 7.--Schedule for Implementing Lower RVP Gasoline in the Canton and
                                Youngstown Areas                            
    ------------------------------------------------------------------------
                      Date                             Action/event         
    ------------------------------------------------------------------------
    March 15, 1994.........................  Submit draft rules to USEPA.   
                                              Revisions will be necessary to
                                              accommodate the Youngstown    
                                              contingency plan.             
    October 15, 1994.......................  Submit final rules to USEPA.   
    Trigger event..........................  Monitored violation.           
    1 month from trigger...................  Ohio EPA finding of violation  
                                              announced.                    
                                             Ohio EPA submits request for   
                                              program budget.               
                                             Ohio EPA hires additional staff
                                              for program.                  
    2 months from trigger..................  Ohio EPA secures lab contracts.
    3 months from trigger..................  Ohio EPA purchases needed      
                                              equipment.                    
    4 months from trigger..................  Ohio EPA initiates public      
                                              awareness program.            
                                             Ohio EPA secures lab contracts.
    Six months from trigger................  Gasoline Dispensing Facilities 
                                              achieve final compliance.     
    ------------------------------------------------------------------------
    
    III. Transport of Ozone Precursors to Downwind Areas
    
        Preliminary modeling results utilizing USEPA's regional oxidant 
    model (ROM) indicate that ozone precursor emissions from various states 
    west of the ozone transport region (OTR) contribute to increases in 
    ozone concentrations in the OTR.\2\ The State of Ohio has provided 
    documentation that VOC emissions will remain below attainment levels 
    for the next 10 years in the Canton and Youngstown areas. The USEPA is 
    currently developing policy which will address the long range impacts 
    of ozone transport. In addition, USEPA is working with the States and 
    other organizations to design and complete studies which consider 
    upwind sources and quantify their impacts. Finally, USEPA intends to 
    address the transport issue through Section 110 based on a domain-wide 
    modeling analysis.
    
        \2\ The OTR, comprised of eleven Eastern States and the District 
    of Columbia, has been organized by the authority of section 184(a) 
    of the CAA for the purpose of facilitating multi-State partnership 
    to more effectively control ozone transport in the region.
    ---------------------------------------------------------------------------
    
    IV. Comment and Approval Procedure
    
        The redesignation request is approved as meeting conditions of the 
    CAA in section 107(d)(3)(E) for redesignation.
        The USEPA is publishing this action without prior proposal because 
    USEPA views this action as a noncontroversial revision and anticipates 
    no adverse comments. However, USEPA is publishing a separate document 
    in this Federal Register publication, which constitutes a ``proposed 
    approval'' of the requested SIP revision and clarifies that the 
    rulemaking will not be deemed final if timely adverse or critical 
    comments are filed. The ``direct final'' approval shall be effective on 
    April 1, 1996, unless USEPA receives adverse or critical comments by 
    March 1, 1996. If USEPA receives comments adverse to or critical of the 
    approval discussed above, USEPA will withdraw this approval before its 
    effective date by publishing a subsequent Federal Register document 
    which withdraws this final action. All public comments received will 
    then be addressed in a subsequent rulemaking document. Any parties 
    interested in commenting on this action should do so at this time. If 
    no such comments are received, USEPA hereby advises the public that 
    this action will be effective on April 1, 1996.
        This action has been classified as a Table 3 action for signature 
    by the Regional Administrator under the procedures published in the 
    Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
    July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
    for Air and Radiation. The Office of Management and Budget (OMB) has 
    exempted this regulatory action from Executive Order 12866 review.
        Nothing in this action should be construed as permitting, allowing, 
    or establishing a precedent for any future request for revision to any 
    SIP. USEPA shall consider each request for revision to the SIP in light 
    of specific technical, economic, and environmental factors and in 
    relation to relevant statutory and regulatory requirements.
        Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
    Mandates Act'') (signed into law on March 22, 1995) requires that the 
    USEPA prepare a budgetary impact statement before promulgating a rule 
    that includes a Federal mandate that may result in expenditure by 
    State, local, and tribal governments, in aggregate, or by the private 
    sector, of $100 million or more in any one year. Section 203 requires 
    the USEPA to establish a plan for obtaining input from and informing, 
    educating, and advising any small governments that may be significantly 
    or uniquely affected by the rule.
        Under section 205 of the Unfunded Mandates Act, the USEPA must 
    identify and consider a reasonable number of regulatory alternatives 
    before promulgating a rule for which a budgetary impact statement must 
    be prepared. The USEPA must select from those alternatives the least 
    costly, most cost-effective, or least burdensome alternative that 
    achieves the objectives of the rule, unless the USEPA explains why this 
    alternative is not selected or the selection of this alternative is 
    inconsistent with law.
        Because this final rule is estimated to result in the expenditure 
    by State, local, 
    
    [[Page 3326]]
    and tribal governments or the private sector of less then $100 million 
    in any one year, the USEPA has not prepared a budgetary impact 
    statement or specifically addressed the selection of the least costly, 
    most cost-effective, or least burdensome alternative. Because small 
    governments will not be significantly or uniquely affected by this 
    rule, the USEPA is not required to develop a plan with regard to small 
    governments. This rule only approves the incorporation of existing 
    state rules into the SIP. It imposes no additional requirements.
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
    must prepare a regulatory flexibility analysis assessing the impact of 
    any proposed or final rule on small entities. (5 U.S.C. 603 and 604.) 
    Alternatively, USEPA may certify that the rule will not have a 
    significant impact on a substantial number of small entities. Small 
    entities include small businesses, small not-for-profit enterprises, 
    and government entities with jurisdiction over populations of less than 
    50,000.
        SIP approvals under section 110 and subchapter I, part D of the 
    Clean Air Act do not create any new requirements, but simply approve 
    requirements that the State is already imposing. Therefore, because the 
    Federal SIP-approval does not impose any new requirements, I certify 
    that it does not have a significant impact on any small entities 
    affected. Moreover, due to the nature of the Federal-State relationship 
    under the Act, preparation of a regulatory flexibility analysis would 
    constitute Federal inquiry into the economic reasonableness of the 
    State action. The Clean Air Act forbids USEPA to base its actions 
    concerning SIPs on such grounds. Union Electric Co. v. USEPA., 427 U.S. 
    246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
        Under section 307(b)(1) of the Clean Air Act, petitions for 
    judicial review of this action must be filed in the United States Court 
    of Appeals for the appropriate circuit by April 1, 1996. Filing a 
    petition for reconsideration by the Administrator of this final rule 
    does not affect the finality of this rule for the purposes of judicial 
    review nor does it extend the time within which a petition for judicial 
    review may be filed, and shall not postpone the effectiveness of such 
    rule or action. This action may not be challenged later in proceedings 
    to enforce its requirements. (See Section 307(b)(2)).
    
    List of Subjects
    
    40 CFR Part 52
    
        Environmental protection, Air pollution control, Intergovernmental 
    relations, Ozone.
    
    40 CFR Part 81
    
        Air pollution control.
    
        Dated: December 15, 1995.
    Valdas V. Adamkus,
    Regional Administrator.
        Chapter I, title 40 of the Code of Federal Regulations is amended 
    as follows:
    
    PART 52--[AMENDED]
    
        1. The authority citation for part 52 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
        2. Section 52.1885 is amended by adding paragraphs (b) (7) and (8) 
    to read as follows:
    
    
    Sec. 52.1885   Control strategy: Ozone.
    
    * * * * *
        (b) * * *
        (7) Stark County.
        (8) Mahoning and Trumbull Counties.
    * * * * *
    
    PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PURPOSES--OHIO
    
        1. The authority citation for part 81 continues to read as follows:
    
        Authority: 42 U.S.C. 7401--7671q.
    
        2. In Sec. 81.336 the ozone table is amended by revising the 
    entries for Stark, Mahoning, and Trumbull Counties to read as follows:
    
    
    Sec. 81.336   Ohio.
    
    * * * * *
    
                                                       Ohio--Ozone                                                  
    ----------------------------------------------------------------------------------------------------------------
                                                                Designation                        Classification   
                Designated area            -------------------------------------------------------------------------
                                                     Date\1\                    Type             Date\1\      Type  
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    Canton Area                             ........................  ........................                      
      Stark County........................  April 1, 1996...........  Attainment..............                      
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    Youngstown-Warren-Sharon Area:          ........................  ........................                      
      Mahoning County.....................  April 1, 1996...........  Attainment..............                      
      Trumbull County.....................  April 1, 1996...........  Attainment..............                      
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    ----------------------------------------------------------------------------------------------------------------
    \1\This date is November 15, 1990, unless otherwise noted.                                                      
    
    [FR Doc. 96-1848 Filed 1-30-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
4/1/1996
Published:
01/31/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
96-1848
Dates:
The ``direct final'' is effective on April 1, 1996, unless USEPA receives adverse or critical comments by March 1, 1996. If USEPA receives comments adverse to or critical of the approval discussed above, USEPA will withdraw this approval before its effective date by publishing a subsequent Federal Register document which withdraws this
Pages:
3319-3326 (8 pages)
Docket Numbers:
OH66-1-6499A, OH76-1-6900A, FRL-5405-4
PDF File:
96-1848.pdf
CFR: (2)
40 CFR 52.1885
40 CFR 81.336