[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Rules and Regulations]
[Pages 62737-62741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29755]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH80-2-7241; FRL-5340-1]
Approval and Promulgation of Implementation Plans; Ohio
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Final rule.
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SUMMARY: The USEPA is approving, in final, Ohio's 1990 base-year ozone
precursor emissions inventories for the Canton, Cincinnati-Hamilton,
Cleveland-Akron-Lorain and Youngstown-Warren-Sharon ozone nonattainment
areas as revisions to the Ohio State Implementation Plan (SIP). The
emissions inventories were submitted to satisfy a Federal requirement
that States containing ozone nonattainment areas submit inventories of
actual ozone precursor emissions for the year 1990. The Ohio ozone
nonattainment areas covered by this rulemaking are Canton (Stark
County); Cincinnati-Hamilton (Butler, Clermont, Hamilton and Warren
Counties); Cleveland-Akron-Lorain (Ashtabula, Cuyahoga, Geauga, Lake,
Lorain, Medina, Portage and Summit Counties); and Youngstown-Warren-
Sharon (Mahoning and Trumbull Counties).
EFFECTIVE DATE: This action will be effective January 8, 1996.
ADDRESSEES: Copies of the State submittal and USEPA's analysis of it
are available for inspection at the following location (it is
recommended you contact William Jones at (312) 886-6058 before visiting
the Region 5 office): J. Elmer Bortzer, Chief, Regulation Development
Section, Regulation Development Branch (AR-18J), USEPA, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: William Jones, Environmental Engineer,
Regulation Development Section, Regulation Development Branch (AR-18J),
USEPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 886-6058.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(a)(1) of the Clean Air Act Amendments of 1990 (Act)
requires States with ozone nonattainment areas to submit a
comprehensive, accurate and current inventory of actual ozone precursor
emissions (which includes volatile organic compounds (VOC), nitrogen
oxides (NOX), and carbon monoxide (CO)) for each ozone
nonattainment area by November 15, 1992. This inventory must include
anthropogenic base-year (1990) emissions from stationary point, area,
non-road mobile, and on-road mobile sources, as well as biogenic
(naturally occurring) sources in all ozone nonattainment areas. The
emissions inventory must be based on conditions that exist during the
peak ozone season (generally the period when peak hourly ozone
concentrations occur in excess of the primary ozone National Ambient
Air Quality Standard--NAAQS). Ohio's annual ozone season is from April
1 to October 31 of each year.
II. Criteria for Evaluating Ozone Emissions Inventories
Guidance for preparing and reviewing the emission inventories is
provided in the following USEPA guidance documents or memoranda:
``State Implementation Plans; General Preamble for the Implementation
of Title I of the Act,'' (Preamble) as published in the April 16, 1992
Federal Register (57 FR 13498); ``Emission Inventory Requirements for
Ozone State Implementation Plans,'' (EPA-450/4-91-010) dated March
1991; a memorandum from John Calcagni, Director, Air Quality Management
Division, OAQPS, entitled ``Public Hearing Requirements for the 1990
Base-Year Emissions Inventories for Ozone and Carbon Monoxide
Nonattainment Areas,'' dated September 29, 1992; ``Procedures for the
Preparation of Emissions Inventories for Carbon Monoxide and Precursors
of Ozone, Volumes I and II,'' (EPA-450/4-91-016 and EPA-450/4-91-014)
(Procedures; Volumes I and II) dated May 1991; and ``Procedures for
Emissions Inventories Preparation, Volume IV: Mobile Sources,'' (EPA-
450/4-81-026d) (Procedures; Volume IV) dated 1992.
As a primary tool for the review of the quality of emission
inventories, the USEPA has also developed three levels (I, II, and III)
of emission inventories checklists. The Level I and II checklists are
used to determine that all required components of the base-year
emission inventory and associated documentation are present. These
reviews also evaluate the level of quality of the associated
documentation and the data provided by the State and assess whether the
emission estimates were developed according to the USEPA guidance. The
Level III review evaluates crucial aspects and the overall
acceptability of the emission inventory submittal. Failure to meet one
of the ten critical aspects would lead to disapproval of the emissions
inventory submittal.
Detailed Level I and II review procedures can be found in the USEPA
guidance document entitled ``Quality Review Guidelines for 1990 Base
Year Emissions Inventories,'' (Quality Review) (EPA-454/R-92-007) dated
August 1992. Level III criteria were attached to a memorandum from John
S. Seitz, Director, Office of Air Quality Planning and Standards,
entitled ``Emission Inventory Issue,'' dated June 24, 1993. The Level
I, II, and III checklists used in reviewing this emissions inventory
submittal are attached to a USEPA technical support document dated
October 3, 1995.
III. State Submittal
On March 15, 1994, the Ohio Environmental Protection Agency (OEPA)
submitted a revision to the ozone portion of Ohio's SIP which consisted
of the 1990 base-year ozone emissions inventory for the following
[[Page 62738]]
ozone nonattainment areas in Ohio: Canton, Cincinnati-Hamilton,
Cleveland-Akron-Lorain, Columbus, Dayton-Springfield, Toledo and
Youngstown-Warren-Sharon. The USEPA has completed its review of the
emissions inventories submitted for the Canton (which includes Stark
County), Cincinnati-Hamilton (which includes Butler, Clermont, Hamilton
and Warren Counties), Cleveland-Akron-Lorain (Ashtabula, Cuyahoga,
Geauga, Lake, Lorain, Medina, Portage and Summit Counties) and
Youngstown-Warren-Sharon (which includes Mahoning and Trumbull
Counties) ozone nonattainment areas. Revisions to the March 1994
submittal were submitted on June 8 and August 18, 1995 for these areas.
These revisions addressed deficiencies highlighted in USEPA's proposed
rulemaking. The 1990 base-year emissions inventories submitted for the
Toledo and Dayton-Springfield were approved in a rulemaking published
in the Federal Register on March 22, 1995 (60 FR 15053). The emissions
inventory submitted for the Columbus area will be addressed in a
separate rulemaking.
Inventory Preparation Plan/Quality Assurance Plan
All States were required to submit an Inventory Preparation Plan
(IPP) to USEPA for review and approval by October 1, 1991. The IPP
documents the procedures utilized in the development of an emissions
inventory and contains the quality assurance and quality control plan
(QA/QC). On March 19, 1992, the State of Ohio submitted a final ozone
emissions IPP. On April 15, 1992, USEPA informed the State that the IPP
was not approvable at the time. Subsequently, USEPA has worked with the
State to correct deficiencies in the IPP. With the March 1994 SIP
revision request, the State submitted documentation of how the
emissions inventory was prepared, as well as a quality assurance report
for the point, area, and mobile source portions of the emissions
inventory. The USEPA finds that this documentation and quality
assurance report are acceptable to meet the requirements of an IPP.
Point Source Emissions Inventory
For each nonattainment area, the State submitted a point source
emissions inventory of all facilities that emit at least 10 tons per
year (tpy) of VOC, or 100 tpy NOX or CO. The State also included
sources that emit 100 tpy of VOC, CO, or NOX located in a 25-mile
boundary surrounding each nonattainment area. The point source
emissions inventory contains general facility information, number of
sources, production schedules and related emissions for each source,
emissions limitation, control efficiency and rule effectiveness (RE),
as applicable, and total emissions on an annual and daily ozone season
basis.
The following methods were employed by the State to identify
sources to be included in the 1990 base-year emissions inventory: The
1989 records for plants in the Emissions Inventory System (EIS) were
checked and plants meeting the VOC, CO or NOX criteria were
revised with 1990 emissions data; the air permit records were reviewed
for plants that are candidates for inclusion in the point source
inventory; and current industrial directories and the Toxic Release
Information System (TRIS) database were checked for additional point
source emissions. For facilities in the point source inventory, the
State acquired the emissions data by means of the following: Mail
surveys; plant inspections; telephone calls; and air permit files.
The USEPA reviewed the point source emissions data by cross
referencing the point source inventory to the following sources: (1)
USEPA's guidance document entitled ``Major CO, NO2, and VOC
Sources in the 25-Mile Boundary Around Ozone Nonattainment Areas,
Volume I: Classified Ozone Nonattainment Areas,'' (EPA-450/4-92-005a)
February 1992; a 1990 TRIS Retrieval; and a 1990 Aerometric Information
Retrieval Systems (AIRS) Facility Subsystem--Emission to Compliance
Comparison Report.
Where a source was governed by a regulation or a control device,
the emissions limit was stated. A RE factor was then applied in the
determination of emissions. In accordance with USEPA guidance, a
standard RE factor of 80 percent was utilized, unless otherwise
justified.
Area Source Emissions Inventory
Area source emissions were calculated using State-specific data as
well as USEPA guidance documents and technical memoranda developed for
various categories. The State utilized emission factors from
Procedures; Volumes I and IV, and AP-42 and provided necessary
documentation. The following area source categories were included in
the emissions inventory: Gasoline loading and distribution, dry
cleaning, degreasing, architectural surface coatings, traffic markings,
automobile refinishing, graphic arts, cutback asphalt, pesticide
application, commercial/consumer solvents, bakeries, waste management
practices (landfills), leaking underground storage tanks, incineration
of solid waste, stationary fossil fuel combustion, and fires
(structural, open burn, etc.). Vehicle refueling emissions were
included as part of the mobile source emissions inventory.
The area source inventory was reviewed utilizing USEPA's guidance
documents, and the Level I and II checklists, to ensure that all source
categories and their related emissions (and emission factors) were
included in the area source emissions inventory. Seasonal adjustments,
rule effectiveness, and rule penetration factors were applied as
indicated in the State submittal.
On-Road Mobile Source Emissions Inventory
Development of Emission Factors
In the development of the mobile source emissions inventory, the
State utilized USEPA's mobile source emissions model, Mobile 5a, for
the determination of emissions factors for eight vehicle types and
twelve roadway types. Hard-copy documentation of the input and output
files are provided in the State's submittal. Where available, the
State-specific inputs were utilized in the development of the input
files for Mobile 5a.
Development of Vehicle Miles Travelled (VMT)
Canton, Cleveland-Akron-Lorain and Youngstown-Warren-Sharon Areas:
The 1990 VMT for each roadway type was developed by the Ohio Department
of Transportation (ODOT). ODOT maintains data on each section of
highway in the State of Ohio. VMT were developed by the State Road
Inventory System and reported through the Highway Performance
Monitoring System (HPMS) to the Federal Highway Administration (FHWA).
Each roadway section daily VMT (dVMT) is computed as the annual
average daily traffic (AADT) for that section times the length of the
section. The county DVMT is the sum of the DVMT for each highway
functional classifications in the county. The total dVMTs are then
summed as a statewide total. The statewide totals are then compared by
functional class to the 1990 HPMS submittal. For those classifications
were traffic counts are available for all or nearly all their sections,
the totals were essentially the same. For those with more off-systems
roads, the resulting totals were larger than the HPMS's submittal value
(as expected). Correction factors were computed from the two sets of
totals and applied to the individual cells.
[[Page 62739]]
ODOT used permanent and portable vehicle classification equipment
to develop the vehicle mix by functional classification of highway.
Traficomp III vehicle classification equipment are used to support the
HPMS data collection effort. A software program called OHIO CONVERT
formats vehicle classification data into the FHWA Vehicle
Classification categories.
Cincinnati-Hamilton Area: For the Cincinnati-Hamilton area, the
Ohio-Kentucky-Indiana Regional Council of Governments (OKI) was
responsible for the development of the mobile source emissions
inventory. OKI developed this inventory for the Ohio and Kentucky
portions of the interstate nonattainment area. OKI utilized the OKI
Travel Demand Model to estimate the traffic volume on each roadway
segment and an OKI utility program to which calculates the loaded
speed, VMT and emissions for each roadway segment.
The OKI travel demand model is a computerized travel demand
forecasting model for the entire interstate nonattainment area. The
model uses a four phase sequential travel demand forecasting process of
trip generation, distribution modal choice and assignment. The OKI
Travel Demand Model is composed of TRANPLAN programs and Fortran
programs written by OKI.
The model takes zonal demographic data and the transportation
network as inputs and produces estimated traffic volumes on each
roadway segment in the network. Traffic zones are the analysis units in
the model. The OKI region is divided into 909 zones. The output of the
model is a loaded highway network which contains information for each
link such as initial speed, capacity, distance, functional class
district number area type and forecasted traffic.
Off-Road Mobile Source Emissions Inventory
Canton, Cincinnati-Hamilton and Youngstown-Warren-Sharon Areas: The
State developed emissions estimates for the following off-road
categories according to USEPA guidance: Aircraft, railroad locomotives,
recreational boating, off road motorcycles, agricultural equipment,
construction equipment, industrial equipment, and lawn and garden
equipment. Documentation was provided as to the sources of emissions
factors utilized and were submitted in the area source emissions
inventory portion of the submittal.
Cleveland-Akron-Lorain Area: The State utilized emissions estimates
for non-road emissions developed by the Office of Mobile Sources (OMS -
USEPA) in October 1992, in accordance with USEPA requirements for the
Cleveland-Akron-Lorain off-road mobile source emissions inventory.
These OMS emissions estimates are provided for off-road diesel engines,
as well as two-stroke and four-stroke gasoline engines, including off-
road motorcycles, construction equipment, farm equipment, lawn and
garden equipment, industrial equipment, and recreational vessels. In
addition, the State included in the off-road mobile source inventory
emissions from aircraft, railroads, and commercial vessels, which are
not included in the OMS data. These estimates were developed using
emissions factors from AP-42 and activity factors gathered from various
sources.
The off-road mobile source inventory was reviewed utilizing the
Level I and II checklists and USEPA's guidance documents to ensure that
all source categories and their related emissions factors were included
in the off-road mobile source emissions inventory.
Biogenic Emissions Inventory
The State of Ohio developed the naturally occurring (biogenic)
emissions for the Canton, Cincinnati-Hamilton, Cleveland-Akron-Lorain
and Youngstown-Warren-Sharon areas according to a USEPA's guidance
document entitled ``User's Guide to the Personal Computer Version of
the Biogenic Emissions Inventory System (PC-BEIS),'' (EPA-450/4-91-017)
dated July 1991. Meteorological data utilized in PC-BEIS was collected
in accordance with USEPA guidance. The ten warmest days from the period
between 1988 to 1990 with the highest hourly peak ozone concentrations
in each ozone nonattainment areas was collected and reviewed. As
required by USEPA guidance, the corresponding ozone concentration to
the fourth highest daily maximum temperature for each nonattainment
area was selected and utilized in the model. The State provided hard
copy documentation as to the meteorological inputs utilized and PC-BEIS
output files for the biogenic emissions inventory for the Canton,
Cincinnati-Hamilton, Cleveland-Akron-Lorain and Youngstown-Warren-
Sharon nonattainment areas.
IV. Approval of the Emissions Inventories
In a letter addressed to Robert Hodanbosi, Chief, Division of Air
Pollution Control, OEPA, dated March 23, 1995, USEPA provided comments
on the 1990 base-year ozone emissions inventories submitted for the
Canton, Cincinnati-Hamilton, Cleveland-Akron-Lorain and Youngstown-
Warren-Sharon areas. These comments addressed corrections that would be
needed before the inventories could be finally approved.
In a letter dated June 8, 1995, the State of Ohio provided a
response to comments on the area, on-road and off-road mobile, and
biogenic source emissions. The USEPA has reviewed these responses and
finds that the State has satisfied the Agency's comments and that the
emissions inventory for the area, on-road mobile, non-road mobile, and
biogenic sources is approvable.
At the time of the proposed rulemaking, the State had not responded
to the point source emissions inventory comments that were stated in
the March 23, 1995, letter (these comments addressed possible
facilities that may be required to be included in the point source
emissions inventory). The USEPA proposed to approve the State's point
source emissions inventory contingent upon the State's response (and
completion of USEPA's review) to the point source emissions comments.
In a letter dated August 18, 1995, the State of Ohio provided a
response to comments on the point source emissions inventory. The USEPA
has reviewed these responses and finds that the State has satisfied the
Agency's comments and that the emissions inventory for point sources is
approvable.
V. Summary of Ozone Emissions Inventory
The following summary indicates the emissions inventories for an
average ozone summer weekday for the Canton, Cincinnati-Hamilton,
Cleveland-Akron-Lorain and Youngstown-Warren-Sharon ozone nonattainment
areas. The emissions are stated in tons per ozone season weekday:
[[Page 62740]]
Canton Ozone Nonattainment Area
[Tons per day]
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Source type VOC CO NOX
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Point Sources................................................... 12.36 40.17 6.74
Area Sources.................................................... 18.93 1.54 0.98
On-Road Mobile Sources.......................................... 31.66 188.59 16.24
Off-Road Mobile Sources......................................... 23.72 63.00 15.89
Biogenic Sources................................................ 36.66 .............. ..............
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Totals.................................................... 123.33 293.30 39.85
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Cincinnati-Hamilton Ozone Nonattainment Area
[Tons per day]
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Source type VOC CO NOX
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Point Sources................................................... 70.43 88.79 280.67
Area Sources.................................................... 64.48 5.41 2.29
On-Road Mobile Sources.......................................... 125.84 793.16 130.68
Off-Road Mobile Sources......................................... 37.37 274.57 34.45
Biogenic Sources................................................ 109.04 .............. ..............
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Totals.................................................... 407.16 1161.93 448.09
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Cleveland-Akron-Lorain Ozone Nonattainment Area
[Tons per day]
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Source type VOC CO NOX
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Point Sources................................................... 82.22 208.69 245.59
Area Sources.................................................... 120.86 12.64 9.54
On-Road Mobile Sources.......................................... 248.37 1402.01 176.58
Off-Road Mobile Sources......................................... 80.19 808.32 70.92
Biogenic Sources................................................ 195.37 .............. ..............
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Totals.................................................... 727.01 2431.66 502.63
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Youngstown-Warren-Sharon Ozone Nonattainment Area
[Tons per day]
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Source type VOC CO NOX
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Point Sources................................................... 16.71 18.74 23.25
Area Sources.................................................... 27.80 13.02 7.00
On-Road Mobile Sources.......................................... 48.98 293.54 29.87
Off-Road Mobile Sources......................................... 13.48 87.88 10.99
Biogenic Sources................................................ 50.26 .............. ..............
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Totals.................................................... 157.23 413.18 71.11
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VI. Proposed Rulemaking Action and Solicitation of Public Comment
On July 10, 1995, USEPA published a rulemaking proposing to approve
the emissions inventories submitted by the State of Ohio for the
Canton, Cincinnati-Hamilton, Cleveland-Akron-Lorain, and Youngstown-
Warren-Sharon ozone nonattainment areas (refer to 60 FR 35535). No
comments were submitted to USEPA on this proposed action. Also, the
proposed rulemaking discussed the use of a letter notice procedure for
final approval of this SIP revision. The USEPA has decided to take
final action through the Federal Register and not use the letter notice
procedure for this action.
VII. Final Action
The USEPA is approving, in final, Ohio's 1990 base-year ozone
precursor emissions inventories for the Canton (Stark County);
Cincinnati-Hamilton (Butler, Clermont, Hamilton and Warren Counties);
Cleveland-Akron-Lorain (Ashtabula, Cuyahoga, Geauga, Lake, Lorain,
Medina, Portage and Summit Counties); and Youngstown-Warren-Sharon
(Mahoning and Trumbull Counties) ozone nonattainment areas. These
emissions inventories were submitted as revision to Ohio's State
Implementation Plan.
VIII. General Provisions
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to any SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the
[[Page 62741]]
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, Acting Assistant Administrator for Air and Radiation. The
Office of Management and Budget has exempted this regulatory action
from Executive Order 12866 review.
IX. Regulatory Process
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 CAA
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 CAA,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
CAA forbids USEPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976); 42
U.S.C. 7410(a)(2).
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995, signed into law on March 22, 1995, USEPA must undertake
various actions in association with proposed or final rules that
include a Federal mandate that may result in estimated costs of $100
million or more to the private sector, or to State, local, or tribal
governments in the aggregate.
Through submission of the state implementation plan or plan
revisions approved in this action, the State has elected to adopt the
program provided for under section 110 of the Clean Air Act. The rules
and commitments being approved in this action may bind State, local and
tribal governments to perform certain actions and also may ultimately
lead to the private sector being required to perform certain duties. To
the extent that the rules and commitments being approved by this action
will impose or lead to the imposition of any mandate upon the State,
local or tribal governments either as the owner or operator of a source
or as a regulator, or would impose or lead to the imposition of any
mandate upon the private sector, EPA's action will impose no new
requirements; such sources are already subject to these requirements
under State law. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
The USEPA has also determined that this action does not include a
mandate that may result in estimated costs or $100 million or more to
State, local, or tribal governments in the aggregate or to the private
sector. Approval of Ohio's emissions inventories does not impose any
new requirements on small entities.
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 February 5, 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: November 20, 1995.
Valdas V. Adamkus,
Regional Administrator.
Part 52, 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.
Subpart KK--Ohio
2. Section 52.1885 is amended by adding new paragraph (v) to read
as follows:
Sec. 52.1885 Control Strategy: Ozone.
* * * * *
(v) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been
satisfied for the Canton (Stark County); Cincinnati-Hamilton (Butler,
Clermont, Hamilton and Warren Counties); Cleveland-Akron-Lorain
(Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit
Counties); and Youngstown-Warren-Sharon (Mahoning and Trumbull
Counties) areas.
[FR Doc. 95-29755 Filed 12-6-95; 8:45 am]
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