[Federal Register Volume 60, Number 115 (Thursday, June 15, 1995)]
[Proposed Rules]
[Pages 31433-31440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14685]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[OH79-1-6970; FRL-5221-8]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Ohio
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Proposed rule.
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SUMMARY: The Ohio Environmental Protection Agency has requested the
redesignation of the Cleveland/Akron/Lorain metropolitan area
(consisting of the Ohio counties of Lorain, Cuyahoga, Lake, Ashtabula,
Geauga, Medina, Summit and Portage) from moderate nonattainment to
attainment for ozone. Before the request can be approved through final
rulemaking, several State Implementation Plan (SIP) revisions must be
approved. The USEPA is rulemaking, or has rulemade, separately on Ohio
SIP revisions involving volatile organic compounds (VOC) Reasonable
Available Control Technology (RACT) rules, the 1990 Base-year
Inventory, the section 182(f) nitrogen oxides (NOX) RACT waiver
request, the 182(b)(1) reasonable further progress plan, the 182(b)(4)
inspection and maintenance plan, and the attainment demonstration. Upon
final approval of the required plan elements, the CAL nonattainment
area will have met all of the requirements for redesignation specified
under section 107(d)(3)(E). Therefore, the USEPA is proposing approval
of the redesignation request and maintenance plan for the CAL area of
Ohio.
DATES: Comments on this redesignation and on the proposed USEPA action
must be received by July 17, 1995.
ADDRESSES: Written comments should be addressed to: William L.
MacDowell, Chief, Regulation Development Section, Air Enforcement
Branch (AE-17J), United States Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
Copies of the State's submittal and other information are available
for inspection during normal business hours at the following location.
Regulation Development Section, Air Enforcement Branch (AE-17J), United
States Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Randy Robinson, Air Enforcement
Branch, Regulation Development Section (AE-17J), United States
Environmental Protection Agency, Region 5, Chicago, Illinois 60604,
(312) 353-6713.
SUPPLEMENTARY INFORMATION:
I. Summary of State Submittal
The Ohio Environmental Protection Agency (OEPA) has requested the
redesignation of the Cleveland/Akron/Lorain (CAL) area of Ohio
(consisting of the counties of Lorain, Ashtabula, Cuyahoga, Geauga,
Lake, Medina, Portage, and Summit) from nonattainment to attainment for
ozone. The USEPA received the request for redesignation to attainment
on November 15, 1994.
[[Page 31434]] On November 15, 1990, the Clean Air Act Amendments
of 1990 (CAAA) were enacted. Pursuant to Section 107(d)(4)(A), the CAL
was designated as a moderate ozone nonattainment area. As explained
below, the CAL area had been designated nonattainment prior to the
enactment of the 1990 CAAA. A review of the CAL area redesignation
request is presented below.
II. Redesignation Review Criteria
The Clean Air Act 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 National Ambient Air Quality Standard
(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
175(A); and (v) The State containing such area has met all requirements
applicable to the area under Section 110 and Part D.
The USEPA provided guidance on redesignation in the General
Preamble for the Implementation of Title I of the Clean Air Act
Amendments of 1990, 57 FR 13498 (April 16, 1992), supplemented at 57 FR
18070 (April 28, 1992). Three key memoranda provide further guidance
with respect to section 107(d)(3)(E) of the amended Act. The first,
dated September 4, 1992, was issued by John Calcagni, Director, Air
Quality Management Division, Subject: Procedures for Processing
Requests to Redesignate Areas to Attainment (Calcagni Memorandum). The
second, dated September 17, 1993, was issued by Michael Shapiro, Acting
Assistant Administrator for Air and Radiation, Subject: State
Implementation Plan (SIP) Requirements for Areas Submitting Requests
for Redesignation to Attainment of the Ozone and Carbon Monoxide (CO)
NAAQS on or after November 15, 1992 (Shapiro Memorandum). The third,
dated October 14, 1994, was issued by Mary Nichols, Assistant
Administrator for Air and Radiation, Subject: Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment (Nichols
Memorandum).
Analysis of CAL Area Redesignation Request
A. The Area Must Have Attained the Ozone National Ambient Air Quality
Standard (NAAQS)
For ozone, an area may be considered attaining the NAAQS if there
are no violations, as determined in accordance with 40 CFR 50.9, based
on three complete, consecutive calendar years of quality assured
monitoring data. The data that are used should be the product of
ambient monitoring that is representative of the area believed to have
the highest concentration. A violation of the NAAQS occurs when the
annual average number of expected daily exceedances is equal to or
greater than 1.05 at any site under consideration. A daily exceedance
occurs when the maximum hourly ozone concentration during a given day
exceeds 0.124 parts per million (ppm). The data should be collected and
quality-assured in accordance with 40 CFR Sec. 58, and recorded in the
Aerometric Information Retrieval System (AIRS). The monitors should
have remained at the same location for the duration of the monitoring
period required for demonstrating attainment.
The OEPA submitted ozone monitoring data from the CAL area for the
April through October ozone season from 1976 to 1994. The majority of
recent exceedances occurred during 1988. To demonstrate monitored
attainment with the standard, the OEPA submitted ozone air quality data
for the three most recent years, 1992 through 1994. This data has been
quality assured and is recorded in AIRS. No violations were recorded
during this three-year time period.
The CAL moderate nonattainment area contains ten monitors measuring
ambient concentrations of ozone. The monitors and the number of
exceedances for 1992 through 1994 are detailed in the technical support
document. The site with the greatest number of expected exceedances for
the three year period is in Cuyahoga County and has an annual average
exceedance value of 1.00. The only other exceedance recorded during the
three year period was in 1994 at a monitor in Medina County. This was a
monitor that was relocated in 1993 due to operational problems. The CAL
moderate nonattainment area is currently attaining the standard.
B. The Area Must Have a Fully Approved State Implementation Plan (SIP)
Under Section 110(k)
The counties of the CAL moderate nonattainment area were designated
nonattainment for ozone in March 1978, based on monitored violations.
Additional monitored violations in 1983 caused USEPA to propose to
disapprove the nonattainment SIP submitted in 1982 by OEPA and to
require a revised SIP and attainment demonstration by 1987. Monitored
violations occurred again in the CAL area during the summer of 1988.
The CAAA provided that any area designated nonattainment as of
November 15, 1990, would remain nonattainment and would be classified
in one of five categories, based on the severity of the monitored
design concentration value. The CAL area was classified as a moderate
nonattainment area and as a result was required to submit a revised SIP
which meets the requirements of the Clean Air Act Amendments and
demonstrates attainment with the ozone standards.
The Shapiro memorandum, cited above, provides guidance on programs
that must be in the SIP before the redesignation request can be
approved. The memorandum states that for redesignation, the States must
adopt and provide for implementation of all the programs that were due
by the date of the redesignation request. Exceptions to this policy
apply to only four program areas: Basic inspection and maintenance;
annual updates of vehicle miles traveled forecasts and annual estimates
of actual vehicle miles traveled for Carbon Monoxide (CO) nonattainment
areas; nitrogen oxide reasonably available control technology (RACT),
and small business assistance programs.
Section E of this notice discusses the requirements under section
110 and Part D of Title 1 of the CAAA. As discussed in that section,
USEPA is rulemaking, or has rulemade, separately on the Volatile
Organic Compounds (VOC) RACT rules, the emissions inventory, NOX
RACT waiver, and I/M plan. Final approval of the required submittals
will provide the area with a fully approved SIP at the time of final
rulemaking on the redesignation request. The CAL area was also required
to submit a 15 percent Rate of Progress Plan and an attainment
demonstration. However, a May 10, 1995, memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, entitled
``Reasonable Further Progress, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas Meeting the Ozone National
Ambient Air Quality Standard'', states that upon a determination made
by USEPA that an area has attained the NAAQS for ozone, that area need
not submit SIP revisions concerning [[Page 31435]] reasonable further
progress (15% plan) and attainment demonstrations for as long as the
area continues to meet the standard. It is expected that such a
determination will soon be made, in separate rulemaking, for the CAL
area. If such a determination is made, the final approval of the CAL
redesignation request will no longer be contingent upon USEPA approval
of the 15% plan or the attainment demonstration.
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
The State must be able to reasonably attribute the improvement in
air quality to emission reductions which are permanent and enforceable.
To satisfy this requirement, the State should estimate the percent
reduction from the year that was used to determine the design value for
designation and classification achieved from Federal measures and
control measures that have been adopted and implemented by the State.
Emission rates, production capacities and other information should be
used in the estimation. Sources should be assumed to operate at
permitted or historic peak levels unless evidence is presented that
such an assumption is unrealistic.
The OEPA submittal documents reductions in emission from 1990 to
1993. The year 1988 was the year which determined the design value and
should have been the year from which reductions were calculated. This
comment was made to OEPA in a January 6, 1995, letter from William L.
MacDowell, Section Chief, Regulation Development Section, Region 5, to
Mary Cavin, Hearing Clerk, OEPA. The OEPA responded that the result of
using 1988 instead of 1990 as the base year would be that a greater
reduction of emissions would have been calculated. The USEPA agrees
that the use of 1988 data would not have affected the conclusion that
the reductions in emissions from permanent and enforceable programs
have resulted in improved air quality in the area and therefore accepts
the reductions as calculated.
The OEPA submittal states that the 1993 emissions inventory is
reflective of attainment conditions. The OEPA states that the
reductions in emissions from the base year are achieved from the
implementation of two federal programs; lower fuel volatility and the
Federal Motor Vehicle Control Program (FMVCP). These programs are
permanent and federally enforceable. The motor fuel volatility Phase I
standards became effective nationwide in the summer of 1989, and
established a volatility limit in the CAL area of 10.5 pounds per
square inch Reid Vapor Pressure (RVP). The RVP was further lowered in
1992 to 9.0 pounds per square inch. The total reduction in mobile
source VOC emissions from 1990 to 1993 was 66 tons per day. These
reductions were quantified using the MOBILE5A model.
From the years 1990 to 1993, point source VOC emissions increased
by 2.7 tpd, while area source emissions decreased by 1.8 tpd. Area
sources were assumed to change, based on historical population
information as interpolated by Bureau of Economic Analysis (BEA) data
for the years 1988 to 1995, on industrial employment data, and on
gasoline sale trends. Point source emissions for 1990 were developed
from reports submitted to the local air agencies by facilities with
actual combined VOC emissions of 10 tons per year or more. The
following table shows VOC emissions for area, point, and mobile sources
from 1990 to 1993.
------------------------------------------------------------------------
1990 1993
------------------------------------------------------------------------
Area (TPD).......................................... 147.7 145.9
Point............................................... 74.7 77.4
Mobile.............................................. 248.4 182.3
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Total......................................... 470.8 405.6
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The State has shown that actual total VOC emissions were reduced by
14 percent or about 65 tons per day from 1990 to 1993; due primarily to
mobile source reductions. Although the State did not calculate
reductions based on a design year (i.e., 1988) emissions inventory, the
demonstration that was submitted is adequate to show that actual
reductions of VOC emissions have occurred in the area. The reduction in
emissions shown in the submittal has been reasonably attributed to two
programs: lower fuel volatility and the Federal Motor Vehicle Control
Program. Both of the programs result in permanent and enforceable
reductions in VOC emissions, and, therefore, the requirement of section
107(d)(3)(E)(iii) is satisfied.
D. The Area Must Have a Fully Approved Maintenance Plan Meeting the
Requirements of Section 175A
Section 175A of the CAA defines requirements for maintenance plans.
The maintenance plan is a SIP element which provides for maintenance of
the relevant NAAQS in the area for at least 10 years after
redesignation. There are five core provisions which the maintenance
plan should address: the attainment inventory, maintenance
demonstration, monitoring network, verification of continued
attainment, and a contingency plan. The attainment inventory should
identify the level of emissions in the area which is sufficient to
attain the ozone NAAQS and should include the emissions during the time
period associated with the monitoring data showing attainment.
Maintenance is demonstrated by showing that future emissions will not
exceed the level of the attainment inventory. Modeling may also be used
to show that the future combination of sources and emission rates will
not cause a violation of the NAAQS. The maintenance plan must also
provide for continued operation of an appropriate air quality
monitoring network to verify the attainment status of the area. The
plan must indicate how the State will track the progress of the
maintenance plan. Finally, the maintenance plan must include
contingency measures to promptly correct any violation of the ozone
NAAQS that occurs after redesignation of the area to attainment.
Attainment Inventory
The CAL area submittal contained inventories of 1990 actual VOC
emissions from stationary, area, and mobile sources. The year 1990 was
selected as the base year and used to project emissions to future
years. The 1993 emissions inventory is considered as the attainment
year inventory because no ozone violations have occurred since 1991,
and the 1993 projections were performed per USEPA guidance. The
approvability of the emission inventories will be addressed in a
separate rulemaking. Final approval of the CAL nonattainment region
emission inventories is needed before the redesignation request can be
approved.
Maintenance Demonstration
The CAL area submittal shows projected VOC, NOX, and CO
emissions from the 1990 base year for the years 1993, 1996, 2000, and
2006. The projections show that the level of emissions established for
the attainment year inventory will not be exceeded. The following
tables list the VOC and NOX emissions for the base year, final
year and interim years.
[[Page 31436]]
Summary of VOC Emissions (tons/day)
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1990 Base 1993 Attain 1996 Proj. 2000 Proj. 2006 Proj.
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Point.......................................... 74.7 77.4 80.2 84.1 90.5
Area........................................... 147.7 145.9 144.6 143.0 140.6
Mobile......................................... 248.4 181.4 131.2 78.4 48.8
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Totals..................................... 470.8 404.7 356.0 305.5 279.9
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Summary of NOX Emissions (tons/day)
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1990 Base 1993 Attain 1996 Proj. 2000 Proj. 2006 Proj.
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Point.......................................... 244.7 242.6 240.0 236.0 232.3
Area........................................... 55.1 54.7 54.4 54.1 53.2
Mobile......................................... 176.6 159.9 142.2 95.57 75.4
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Totals................................... 476.4 457.2 436.6 385.7 360.9
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The OEPA is revising the base year emission and projected year
inventory numbers in response to comments made by USEPA. Although the
revisions will change the emission totals, the changes are not expected
to affect the results of the maintenance demonstration. The revised
base year, attainment year, and projected emissions will be presented
in the final rule.
Emission Projections
Projections of stationary source emissions through the year 2006
were developed based on data provided by the Bureau of Economic
Analysis (BEA), United States Department of Commerce, showing
manufacturing earnings by industry. An annual growth factor was derived
from this data and that growth factor was used to determine future year
inventories. The base year inventory was developed through reports
submitted by facilities with actual combined VOC emissions of 10 tons
per year or more. The 1990 base year inventory reflects tons per
typical summer day emissions as well as an 80 percent rule
effectiveness assumption.
The area source emissions inventory includes sources too small to
be handled individually in the point source inventory. The emissions in
the area source inventory were reported in tons per typical summer day.
Projections of area source emissions for most source categories were
based on population data supplied by the Ohio Data Users Center: Ohio
Department of Development. Some source categories (such as degreasing
operations, construction and industrial equipment, and auto painting/
traffic lines) used industrial employment, from BEA data, as the growth
indicator. State gasoline consumption was used as a growth indicator to
project emissions from gasoline distribution.
Mobile source emissions inventories were generated by applying the
emission factors from USEPA's Mobile5A emissions model to the projected
Vehicle Miles Travelled (VMT) in the CAL area counties. The VMTs for
the 1990 base year were based on the TRANPLAN model, which utilizes
actual traffic counting. Forecasts of VMTs to the year 2006 relied on
the development of future highway networks, future forecasts of socio-
economic data, and travel patterns in the CAL area. VMTs are projected
to increase 9.6 percent by the year 2006 from the 1990 base year. The
mobile source emissions budget for the year 2006 for VOC and NOX
for purposes of transportation conformity is 48.8 tons/day and 75.4
tons/day, respectively.
Several programs account for the significant reductions in mobile
emissions predicted through the year 2006. These programs, which are
Federally approved or in the process of being approved, include the
enhanced inspection and maintenance, State II vapor recovery, on-board
vapor recovery, FMVCP, and lower fuel volatility. Incorporation of
enhanced inspection and maintenance into the Mobile5A modeling is
initiated in 1996. The Stage II vapor recovery system (VRS) is fully
implemented and Federally enforceable in 1995, while the on-board vapor
recovery system begins in 1998. The on-board vapor recovery system
applies to the four possible vehicle types; light duty gasoline, light
duty truck 1 and 2, and heavy duty gasoline.
Monitoring Network
There are currently ten monitors measuring ozone in the CAL area.
The monitors are operated by the local air agencies and the data is
recorded in AIRS. The CAL local air agencies commit to continue
operating and maintaining the ozone monitor network consistent with the
requirements of Federal and State monitoring guidelines in order to
continue to verify the attainment status of the area.
Contingency Plan
The contingency plan for the CAL area contains three major
components: attainment tracking, contingency measures to be implemented
in the event that a violation of the ozone NAAQS occurs in the CAL
area, and a mechanism with which to trigger the implementation of the
contingency measures.
Two methods of attainment tracking will be utilized: (1) air
quality monitoring using the existing ozone monitoring network, and (2)
inventory updates on a regular schedule. Stationary, mobile, and area
source inventories will be updated at a minimum of once every three
years beginning with 1996. Annual progress reports will summarize
available VOC emissions data during years when area and mobile source
inventories are not developed.
The contingency measures to be considered for implementation are
listed below.
1. Lower Reid Vapor Pressure for gasoline
2. Reformulated gasoline program
3. Broader geographic coverage of existing regulations
4. Application of RACT on sources covered by new control technology
guidelines issued in response to the 1990 Act Amendments
5. Application of RACT to smaller existing sources
6. Implementation of one or more transportation control measures
sufficient to achieve at least a 0.5 percent reduction in actual
areawide [[Page 31437]] VOC emissions. The transportation control
measures to be considered would include: (1) Trip reductions programs,
including but not limited to employer-based transportation management
programs, areawide rideshare programs, work schedule change, and
telecommuting; (2) transit improvements; (3) traffic flow improvements;
and (4) other measures
7. Alternative fuel programs for fleet vehicle operations
8. Controls on consumer products consistent with those adopted
elsewhere in the United States
9. VOC offsets for new or modified major sources
10. VOC offsets for new or modified minor sources
11. Increased ratio of VOC offsets required for new sources
12. Requirement of VOC controls on new minor sources.
Selection of one or more of the contingency measures will be based
on various considerations including cost-effectiveness, VOC reduction
potential, economic and social consideration, and other factors the
State determines to be appropriate.
Consideration and selection of one or more of the contingency
measures will take place in the event the ozone NAAQS is violated in
the CAL area. Initially, the State, in cooperation with NOACA, AMATS,
and the local air agencies, will conduct an analysis to determine the
level of control measures needed to assure expedient future attainment.
If a subsequent violation of the ozone NAAQS occurs after
implementation of the VOC control measures, NOX RACT will be
implemented. Contingency measures will be implemented according to the
following schedule:
------------------------------------------------------------------------
Completion time after triggering
Activity event (monitored violation)
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Verify a violation has occurred.... 1 month.
Identify VOC plan and submit 3 months.
schedule for implementation.
Implement VOC control program...... 12 months.
Completion time after second
triggering event/post VOC control
plan
Verify a violation has occurred.... 1 month.
Submit schedule for implementation 3 months.
of NOX RACT.
Implement NOX RACT................. 18 months.
------------------------------------------------------------------------
Reformulated gasoline and low RVP gasoline would not be able to be
implemented as contingency measures by the State of Ohio unless the
State first requested and received from EPA a waiver of Federal
preemption under section 211(c)(4) of the CAA. However, in light of the
State's listing of other potential contingency measures and the State's
commitment to implement contingency measures within 12 months of a
violation, the identification of reformulated gasoline and low RVP
gasoline does not detract from the approvability of the contingency
plan.
The Ohio submittal adequately addresses the five basic components
which comprise a maintenance plan (attainment inventory, maintenance
demonstration, monitoring network, verification of continued
attainment, and a contingency plan) and therefore, satisfies the
maintenance plan requirement in section 107(d)(3)(E)(iv).
E. The Area Must Have Met All Applicable Requirements Under Section 110
and Part D
Section 107(d)(3)(E) requires that, for an area to be redesignated,
an area must have met all applicable requirements under section 110 and
Part D. The USEPA interprets section 107(d)(3)(E)(v) to mean that for a
redesignation to be approved, the State must have met all requirements
that applied to the subject area prior to or at the time of the
submission of a complete redesignation request. Requirements of the Act
that come due subsequently continue to be applicable to the area at
those later dates (see section 175A(c)) and, if the redesignation of
the area is disapproved, the State remains obligated to fulfill those
requirements.
Section 110: General Requirements for Implementation Plans
Section 110(a)(2) of Title I of the CAAA lists the elements to be
included in each SIP after adoption by the State and reasonable notice
and public hearing. The elements include, but are not limited to,
provisions for establishment and operation of appropriate devices,
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 CAL area SIP was reviewed to ensure that
all requirements under the amended Act were satisfied. USEPA has
determined that the CAL area SIP is consistent with the requirements of
section 110 of the amended Act.
Part D: General Provisions for Nonattainment Areas
Before the CAL area may be redesignated to attainment, it must have
fulfilled the applicable requirements of part D. Under part D, an
area's classification determines the requirements to which it is
subject. Subpart 1 of part D sets forth the general 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 CAL area was classified as moderate. Therefore, in order to be
redesignated, the State must meet the applicable requirements of
subpart 1 of part D--specifically section 172(c), as well as the
applicable requirements of subpart 2 of part D.
Section 172(c) Requirements
The State redesignation request for the CAL area has satisfied all
of the relevant submittal requirements under section 172(c) necessary
for the area to be redesignated to attainment. Some components have not
yet completed regulatory review. Approval of all required SIP revisions
is necessary before the redesignation request can be approved. The
reasonable further progress (RFP) requirement under section 172(c)(2)
is defined as progress that must be made toward attainment. In
accordance with the General Preamble (57 FR 13564), this requirement is
not relevant because the CAL area has already demonstrated monitored
attainment of the ozone NAAQS. Likewise, because the area has already
attained the NAAQS, the contingency measures required under section
172(c)(9) are not applicable.
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate, and current inventory of actual emissions. The
State has submitted such an inventory under section 182(a)(1). It is
currently being reviewed for approvability.
Section 172(c)(5) requires permits for the construction and
operation of new and modified major stationary sources anywhere in the
nonattainment area. The USEPA has determined that areas being
redesignated need not comply with the requirement that a New Source
Review (NSR) program be approved prior to redesignation provided that
the [[Page 31438]] area demonstrates maintenance of the standard
without part D NSR in effect. The rationale for this view is described
in a memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment''. The
State of Ohio has demonstrated that the CAL area 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 the area. The State's
Prevention of Significant Deterioration (PSD) program will become
effective in the CAL area upon redesignation to attainment.
Section 176 Conformity Plan Provisions
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) and, thus, do not affect
approval of this redesignation request.
Subpart 2 Section 182 Requirements
The CAL area is classified moderate nonattainment; therefore, part
D, subpart 2, section 182(b) requirements apply. In accordance with
guidance presented in the Shapiro memorandum, the requirements which
came due prior to the submission of the request to redesignate the CAL
area must be fully approved into the SIP before the request to
redesignate the area to attainment can be approved. Those requirements
are discussed below:
(a) 1990 Base Year Inventory
The 1990 base year emission inventory was due on November 15, 1992.
It was submitted to USEPA on March 14, 1994. USEPA is currently
reviewing the base year inventory. Approval of the redesignation
request is contingent upon approval of the 1990 base year inventory.
(b) Emission Statements
The emission statements SIP was due on November 15, 1992. It was
submitted to the USEPA on March 18, 1994. The USEPA approved this SIP
revision through a direct final rulemaking action published on October
13, 1994 (59 FR 51863). This approval became effective on December 12,
1994.
(c) 15% Plan
The 15% Rate of Progress plan for VOC reductions was required to be
submitted by November 15, 1993, and, therefore, is applicable to the
CAL Moderate Nonattainment area. The 15% plan was submitted to USEPA on
March 14, 1994, and is currently under review. Additionally, an
attainment demonstration was required for the CAL area which must show
that the reductions are adequate to show attainment with the NAAQS by
1996. The OEPA submitted an attainment demonstration on March 14, 1994.
It is currently under review. However, as mentioned previously, the May
10, 1995, memorandum from John S. Seitz states that upon a
determination made by USEPA that an area has attained the NAAQS for
ozone, that area need not submit SIP revisions concerning reasonable
further progress (15% plan) and attainment demonstrations for as long
as the area continues to meet the standard. It is expected that such a
determination will soon be made, in separate rulemaking, for the CAL
area. If such a determination is made, the final approval of the CAL
redesignation request will no longer be contingent upon USEPA approval
of the 15% plan or the attainment demonstration.
(d) RACT Requirements
SIP revisions requiring RACT for three classes of VOC sources are
required under section 182(b)(2). The categories are:
(i) All sources covered by a CTG document issued between November
15, 1990 and the date of attainment. The USEPA has issued a CTG
document in which it lists 11 CTG's that are planned to be issued in
accordance with section 183. The USEPA has also promulgated a CTG
document entitled ``Control of Volatile Organic Compound Emissions from
Reactor Processes and Distillation Operations Processes in the
Synthetic Organic Chemical Manufacturing Industry'', August 1993.
However, the CAL redesignation request was submitted before the
November 15, 1994 (57 FR 18070), due date for RACT rule submission for
the 11 CTG's and the March 23, 1995 (59 FR 13717), due date for the
more recent CTG. Therefore, this requirement is not applicable.
(ii) All sources covered by a Control Technology Guideline (CTG)
issues prior to November 15, 1990. The State has stated that it has
adopted rules requiring RACT for sources for which a CTG has been
issued. A direct final rule approving the revision was published on
March 23, 1995.
(iii) All other major non-CTG stationary sources. The non-CTG rules
were due by November 15, 1992, and apply to the Ohio submittal. The
USEPA is currently reviewing non-CTG rules submitted by Ohio. Approval
of the redesignation request is contingent upon approval of the non-CTG
rules.
(e) Stage II Vapor Recovery
Section 182(b)(3) requires States to submit Stage II rules. The
Ohio Stage II rules were submitted as a SIP revision on June 7, 1993.
On October 20, 1994, the USEPA partially approved and partially
disapproved Ohio's SIP revision for implementation of Stage II (58 FR
52911). As stated in that rulemaking action, with the exception of
paragraph 3745-21-09 (DDD)(5), USEPA considers Ohio's Stage II program
to fully satisfy the criteria set forth in the USEPA guidance document
for such programs entitled ``Enforcement Guidance for Stage II Vehicle
Refueling Control Programs.'' Only those Stage II provisions previously
approved by USEPA are part of the CAL area maintenance plan.
The Shapiro Memorandum states that once onboard regulations (FMVCP)
are promulgated, the Stage II regulations are no longer applicable for
moderate ozone nonattainment areas. The USEPA promulgated onboard rules
on April 6, 1994 (59 FR 16262), therefore, pursuant to section
202(a)(6) of the CAAA, Stage II is no longer required. However, the
State has opted to include reductions in VOCs from the Stage II program
as part of the maintenance plan and the 15% Rate of Progress plan.
(f) Vehicle Inspection and Maintenance (I/M)
The OEPA submitted the I/M rules on May 26, 1994. The USEPA
published a [[Page 31439]] direct final rule approving the rules on
April 4, 1995. The direct final rule becomes effective on June 3, 1995.
The legislation authorizing the State to establish an I/M program
also allows the State to implement an enhanced I/M program into an
area's maintenance plan. The State is including enhanced I/M as a part
of the maintenance plan and 15% plan for all of the counties in the CAL
area except Ashtabula. Ashtabula was excluded because it was not
required to have a vehicle I/M program under the pre-1990 CAA.
(g) 1.15 to 1.0 Offset
Section 182(b)(5) requires all major new sources or modifications
in a moderate nonattainment area to achieve offsetting reductions of
VOCs at a ratio of at least 1.15 to 1.0. The Mary Nichols memorandum
states that areas being redesignated need not comply with the
requirement that a NSR program be approved prior to redesignation so as
they have an approved Prevention of Significant Deterioration (PSD) SIP
or delegated PSD authority. The State has demonstrated that maintenance
can be achieved without NSR offsets in effect, therefore, this
requirement is not applicable. Upon redesignation to attainment, the
sources will become subject to PSD requirements and offsets will no
longer apply. Emissions will continue to be tracked on an annual basis.
(h) NOX Requirement
Section 182(f) establishes NOX requirements for ozone
nonattainment areas. However, it provides that these requirements do
not apply to an area if the Administrator determines that NOX
reductions would not contribute to attainment. The Administrator has
proposed such a determination for the CAL nonattainment area as
requested by the State of Ohio (60 FR 3361). If the NOX waiver is
approved as a final rule, the State of Ohio need not impose the
NOX control measures in section 182(f) for the CAL area to be
redesignated. However, if the NOX waiver is not approved, the
NOX requirements must be met for the area to be redesignated from
nonattainment to attainment. If a violation is monitored in the CAL
area, the State has committed (as required) to adopt and implement
NOX RACT rules as a contingency measure to be implemented upon any
violation of the ozone NAAQS which occurs after initial contingency
measures are in place.
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) in the northeastern United
States contribute to increases in ozone concentrations in the OTR. The
State of Ohio has provided documentation that VOC and NOX
emissions in the CAL nonattainment area are predicted to remain below
attainment levels for the next ten years. Should emissions exceed
attainment levels, the contingency plan will be triggered. In addition,
eight years after redesignation to attainment, Ohio is required to
submit a revision to the maintenance plan which demonstrates that the
NAAQS will be maintained until the year 2015. The USEPA is currently
developing policy which will address long range impacts of ozone
transport. The USEPA is working with the States and other organizations
to design and complete studies which consider upwind sources and
quantify their impacts. The USEPA intends to address the transport
issue through Section 110 based on a domain-wide modeling analysis.
III. Proposed Rulemaking Action and Solicitation of Public Comment
The State of Ohio has met the submission requirements of the CAAA
for revising the Ohio ozone SIP. The USEPA is proposing approval of the
redesignation of the CAL moderate nonattainment area, consisting of the
counties of Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage,
and Summit, to attainment for ozone. The USEPA is also proposing
approval of the maintenance plan into the ozone SIP. As noted earlier,
final approval of the CAL area request is contingent upon final
approval of the required VOC RACT rules, Ohio's I/M SIP revision, the
15 percent Rate of Progress Plan, the attainment demonstration, the CAL
base-year emissions inventory, and the NOX waiver for the CAL
area. However, as mentioned above, publication of a final rule
determining that the CAL area has attained the NAAQS for ozone will
remove the 15% plan and the attainment demonstration as requirements
for final approval of the request for redesignation to attainment for
ozone for the CAL area.
Public comments are solicited on USEPA's proposed rulemaking
action. Public comments received by July 17, 1995 will be considered in
the development of USEPA's final rulemaking action.
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 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
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 EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2).
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (Unfunded Mandates Act), 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 and any affected local or
tribal governments have elected to adopt the program provided for under
section 175A of the Clean Air Act. The rules and commitments being
proposed for approval in this action may bind State,
[[Page 31440]] 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 proposed for approval 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. Therefore, the USEPA has
determined that this action does not include a mandate that may result
in estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
List of Subjects
40 CFR Part 52
Air pollution control, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Air pollution control.
Authority: 42 U.S.C. 7401-7671(q).
Dated: June 7, 1995.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 95-14685 Filed 6-14-95; 8:45 am]
BILLING CODE 6560-50-P
