Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes: State of Ohio

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[OH54-1-6164a; FRL-5201-2]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes: State of Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: USEPA is approving, through ``direct final'' procedure, a

redesignation request and maintenance plan for the Dayton-Springfield,

Ohio area as a revision to Ohio's State Implementation Plan (SIP) for

ozone. The revision is based on a request from the State of Ohio to

redesignate Montgomery, Greene, Clark, and Miami Counties from

nonattainment to attainment for ozone, and to approve the maintenance

plan for the area. The State has met the requirements for redesignation

contained in the Clean Air Act (CAA), as amended in 1990. The

redesignation request is based on ambient monitoring data that show no

violations of the ozone National Ambient Air Quality Standard (NAAQS)

during the three-year period from 1990 through 1992. In the proposed

rules section of this Federal Register, USEPA is proposing approval of

this requested redesignation and SIP revision, and is now soliciting

public comments on this action. If adverse comments are received on

this direct final rule, USEPA will withdraw this final rule and address

these comments in a subsequent final rule based on the proposed rule.

DATES: This final rule is effective July 5, 1995 unless adverse or

critical comments are received by June 5, 1995. If the effective date

is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Copies of the SIP revision request and USEPA's analysis are

available for inspection at the following address: (It is recommended

that you telephone Angela Lee at (312) 353-5142 before visiting the

Region 5 Office.) United States Environmental Protection Agency, Region

5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,

Illinois 60604.

Written comments can be mailed to: William MacDowell, Chief,

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: Angela Lee, Regulation Development

Section, Air Enforcement Branch (AE-17J), United States Environmental

Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,

Illinois 60604, (312) 353-5142.

SUPPLEMENTARY INFORMATION: On November 8, 1993, Ohio submitted a

redesignation request and section 175A maintenance plan for Montgomery,

Greene, Miami, and Clark Counties. The USEPA reviewed these submittals

against the redesignation criteria set forth by section 107(d)(3)(E) of

the Act, which are discussed in a September 4, 1992, memorandum from

John Calcagni, Director of the Air Quality Management Division, Office

of Air Quality Planning and Standards, to Directors of Regional Air

Divisions, entitled, ``Procedures for Processing Requests to

Redesignate Areas to Attainment'' (Calcagni Memorandum). A second

memorandum dated September 17, 1993, signed by Michael Shapiro, Acting

Assistant Administrator for Air and Radiation, entitled, ``State

Implementation Plan (SIP) Requirements for Areas Submitting Requests

for Redesignation to Attainment of the Ozone and Carbon Monoxide NAAQS

on or after November 15, 1992'' was also used to evaluate Ohio's

request. An analysis of these submittals is contained in a Technical

Support Document (TSD), dated January 17, 1995.

I. Background

The 1977 Act required areas that were designated nonattainment

based on a failure to meet the ozone NAAQS, to develop SIPs with

sufficient control measures to expeditiously attain and maintain the

standard. For Ohio, Montgomery, Greene, Miami and Clark Counties were

designated nonattainment for ozone, see 43 FR 8962 (March 3, 1978), 43

FR 45993 (October 5, 1978), and 40 CFR part 81.

After enactment of the amended Act on November 15, 1990, the

nonattainment designation of the Dayton-Springfield area continued by

operation of law according to section 107(d)(1)(C)(i) of the Act;

furthermore, it was classified by operation of law as moderate for

ozone pursuant to section 181(a)(1) (56 FR 56694, November 6, 1991),

codified at 40 CFR 81.336.

More recently, ambient monitoring data show no violations of the

ozone NAAQS in the Dayton-Springfield area during the period from 1990

through 1992. Therefore, the area became eligible for redesignation

from nonattainment to attainment consistent with the amended Act. To

ensure continued attainment of the ozone standard, Ohio submitted an

ozone maintenance SIP for the Dayton Springfield area to USEPA on

November 8, 1993. On November 8, 1993 Ohio requested redesignation of

the area to attainment with respect to the ozone NAAQS. On December 20,

1993, Ohio held a public hearing on the maintenance plan and

redesignation request.

II. Evaluation Criteria

The 1990 Amendments revised section 107(d)(3)(E) to provide five

specific requirements that an area must [[Page 22290]] meet in order to

be redesignated from nonattainment to attainment.

1. The area must have attained the applicable NAAQS.

2. The area has meet all relevant requirements under section 110

and part D of the Act.

3. The area has a fully approved SIP under section 110(d) of the

Act.

4. The air quality improvement must be permanent and enforceable.

5. The area must have a fully approved maintenance plan pursuant to

section 175A of the Act.

Each of these requirements are addressed below.

A. Section 107(d)(3)(E)(i). The Administrator determines that the

area has attained the National Ambient Air Quality Standard (NAAQS).

For ozone, an area is considered in attainment of the NAAQS if there

are no violations, as determined in accordance with 40 CFR 50.9, based

on quality assured monitoring data for three complete, consecutive

calendar years. A violation of the NAAQS occurs when the annual average

number of expected exceedances is greater than 1.0 at any site in the

area at issue. An exceedance occurs when the maximum hourly ozone

concentration exceeds 0.124 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.

Ohio submitted ozone monitoring data recorded in the Dayton-

Springfield area during the years 1983 through June, 1993. The ozone

monitoring network consists of five monitors. Two are located in Clark

County, one in Montgomery County, and the other in Preble County. Two

slight exceedances of the ozone standard have been monitored since

1989. One exceedance of 0.125 ppm occurred in 1993 at the Timberlane

monitor in Montgomery County. The other exceedance which occurred at

the Urbana Road monitor (Clark County) in 1994 also measured 0.125 ppm.

Data stored in AIRS was used to determine the annual average expected

exceedances for the years 1990, 1991, 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 are less than 1.0, the

Dayton-Springfield area is considered to have attained the standard.

B. Section 107(d)(3)(iii). The Administrator determines that the

improvement in air quality is due to permanent and enforceable

measures. 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, Ohio estimated emission

reductions from a nonattainment year (1988) to an attainment year

(1990). Ohio submitted documentation which showed that in 1990 VOC

emissions dropped almost ten percent from 1988 levels.

Most of the emission reductions which occurred over this time

period resulted from federally mandated controls on the volatility of

gasoline1 and air pollution controls installed on new automobiles

through the Federal Motor Vehicle Emissions Control Program (FMVCP).

These controls reduced mobile source emissions by about 32 tons per day

(tpd). Since these reductions result from federally mandated controls,

the USEPA considers these reductions to be permanent and enforceable.

\1\The Reid Vapor Pressure changed from 11.5 psi in 1988 to 10.5

psi in 1990.

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Stationary source shutdowns accounted for a decrease of 3.2 tpd in

actual VOC emissions between 1988 and 1990. A 2.7 tpd increase in

actual stationary source VOC emissions was estimated from permits to

install (PTIs) issued in the area between 1988 and 1990. Since the

operating permits for the shut down stationary sources have been

revoked, and have been documented in the redesignation request, the

USEPA considers the emission reductions to be permanent and

enforceable. Overall, stationary source VOC emissions declined 0.5 tpd

between 1988 and 1990.

Ohio used economic indicators to show that the area was not

experiencing an economic downturn during this time period. Bureau of

Economic Analysis (BEA) projections for manufacturing earnings from

1988 to 1995 indicate an annual growth rate of one percent for all

Standard Industrial Classification (SIC) codes. BEA regional

projections of population, personal income and earnings, and employment

by place of work from 1973 to 1988 and from 1995 to 2040 increase from

1988 levels to 1995.

Ohio's demonstration that the improvement in air quality was due to

permanent and enforceable reductions meets the requirements set forth

in the Calcagni Memorandum.

C. 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. The Calcagni Memorandum 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 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.

1. Attainment Inventory

The State has developed an adequate attainment emission inventory

for 1990 that identifies the level of emissions in the Dayton-

Springfield area sufficient to attain the ozone NAAQS. The 1990

attainment inventory was based on comprehensive inventories of VOC and

NOX emissions from area, stationary, and mobile sources for 1990.

The 1990 base year emission inventory represents 1990 average summer

day actual emissions for the Dayton-Springfield area, and was prepared

in accordance with USEPA guidance. USEPA's TSD prepared for the 1990

base year emission inventory SIP revision contains a detailed analysis

of this inventory. This inventory was approved as satisfying the

requirements of section 182(a)(1) for an emissions inventory on March

22, 1995 (60 FR 15053).

2. Maintenance Demonstration

To demonstrate continued attainment, Ohio projected point, area,

and mobile source VOC and NOX emissions from the year 1990 to the

year 2005. The projections incorporate reductions from existing

controls, the enhanced vehicle inspection and maintenance I/M program

(enhanced I/M) and Stage II vapor recovery program (Stage II). The

Stage II Vapor Recovery program is currently being implemented in the

Dayton-Springfield area. The enhanced [[Page 22291]] I/M program is

expected to be operational in 1996. The emissions reductions from Stage

II and enhanced I/M offset emissions increases during the maintenance

period. The projections also provide for a growth cushion for existing

and new industrial sources. These projections show that the level of

emissions established by the attainment inventory will not be exceeded

during the maintenance period 1990-2005. Table 1 lists the emissions

for the years 1990, 1996, 2000, and 2005. All emissions were converted

to tons per day for a typical summer day.

Area source emissions were projected using population as a growth

indicator for all area source subcategories. This method is acceptable

since the recommended growth factors for the four largest area source

subcategories in terms of emissions in the Dayton-Springfield area are

less than the population growth factor. The recommended growth factors

for area source subcategories are listed in Table III.3 of USEPA's

guidance document entitled ``Procedures for Preparing Emissions

Projections'', dated July 1991. Projections of total population for the

period 1990 to 2005 were obtained using data from the Ohio Data User's

Center and population patterns. This data yields a growth rate of less

than one percent. A one percent annual growth rate was used because of

expected residential growth in Greene and Miami Counties, and because

point source growth by SIC has been forecast by the Ohio Environmental

Protection Agency (OEPA) to be about one percent per year for any

category.

Ohio projected point source emissions by estimating changes in

emissions expected from source shutdowns, growth from new sources and

potential growth from existing sources. Historical data for point

source growth from 1988 to 1992 indicate that PTIs averaged about 700

tons per year (tpy). Shutdowns from 1988 to 1992 accounted for a

reduction of 300 tons per year of actual emissions. Based on this

information, Ohio added 400 tons of VOC emissions to each year out to

the year 2005 to account for new, non-offset source growth. Existing

companies were assumed to expand their actual emissions to permitted

levels. The difference between actual and allowable emissions is 3250

tons. This was spread equally, areawide, over the 15 year period from

1990 to 2005. Ohio accounted for known changes to sources for each year

between 1990 and 2005 and applied a growth factor based on

manufacturing employment data provided by the Bureau of Economic

Analysis (BEA), United States Department of Commerce, to derive

inventories for all ensuing years. (BEA manufacturing employment growth

for the aggregate of source categories is one percent.) To account for

growth of existing sources, Ohio added 217 TPY each year to the total

emissions from the previous year.

Mobile source emissions were projected by forecasting vehicle miles

travelled (VMT) from the year 1990 to the year 2005. A 1.28 percent per

year VMT growth rate was used for the four county area. This growth

rate was determined by considering the future highway network,

forecasts of socio-economic data, and 1990 Highway Performance Modeling

System (HPMS) data. Stage II and enhanced I/M were accounted for in the

MOBILE5a program which was used to determine the emission factors for

the Dayton-Springfield area. Mobile source emissions for the year 2005

were produced by multiplying MOBILE5a VOC and NOX emission factors

by the projected average weekday VMT for each county.

Table 1.--Maintenance Demonstration

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Source category 1990 1996 2000 2005

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VOC Emissions (tons per day)

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Point................................... 37.4 61.6 77.7 97.4

Biogenic................................ 105.2 105.2 105.2 105.2

Area.................................... 54.9 58.3 60.6 64.4

Mobile (on-road)........................ 103.6 45.5 39.4 31.7

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Total............................. 301.1 270.6 282.9 298.7

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NOX Emissions (tons per day)

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Point................................... 32.2 34.4 36.0 38.2

Area.................................... 36.5 38.5 39.9 41.7

Mobile (on-road)........................ 60.9 42.7 41.2 39.4

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Total............................. 129.6 115.6 117.1 119.3

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3. Maintenance Measures

Ohio chose to implement Stage II and enhanced I/M in the Dayton-

Springfield area as maintenance measures. The Ohio Stage II rule

requires owners and operators of gasoline dispensing facilities that

dispense greater than 10,000 gallons of fuel per month (50,000 gallons

per month in the case of an independent small business marketer) to

install and operate gasoline vehicle refueling vapor recovery systems.

Vapor recovery systems control the release of VOC, benzene, and toxics

emitted during the refueling process. Enhanced I/M will be implemented

in Green, Montgomery and Clark Counties (Miami County is excluded

because its population is less than 100,000). Ohio's emissions

projections show that the Stage II rule and enhanced I/M requirements

provide the necessary VOC emissions reductions to offset desired new

source growth and allow for maintenance of the ozone NAAQS.

The Stage II and enhanced I/M SIP revisions must be fully approved

before USEPA can consider the maintenance plan to be fully approved. On

October 20, 1994, the USEPA partially approved and partially

disapproved Ohio's SIP revision for implementation of the Stage II

program (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 Dayton-

Springfield maintenance plan. Ohio's I/M SIP revision, which allows an

area to opt into enhanced I/M, was approved on April 4, 1995 (60 FR

16989). (The approval of the redesignation is contingent upon the

approval of the I/M SIP revision. Consequently, should the direct final

notice approving the I/M SIP Revision be withdrawn as a result of

adverse comment, this direct final notice approving the redesignation

will also be withdrawn and final action will be taken on the

redesignation at a later date.)

All existing VOC RACT controls required in the ozone SIP for the

Dayton-Springfield area and new RACT controls incorporated in the VOC

RACT SIP revision approved on March 23, 1995, remain in effect after

redesignation of the region to attainment.

4. Tracking Maintenance

The OEPA and Regional Air Pollution Control Agency (RAPCA) will

regularly monitor ozone air quality. In the redesignation request,

RAPCA committed to continue operating and maintaining the five existing

ozone monitors consistent with the requirements of Federal and State

monitoring guidelines. Backup monitoring equipment will also be

maintained.

The OEPA and RAPCA will develop comprehensive mobile, point, and

area emissions inventories every 3 years beginning with the year 1993.

Updates will be provided for intervening years. [[Page 22292]] The

point source inventory will be updated annually with facility and

permit data. The area source inventory will be updated using new data

and estimation procedures. The mobile source inventory will be updated

to incorporate new VMT estimates and revised USEPA mobile emissions

models. OEPA will submit annual progress reports to USEPA which

summarize available VOC emissions data.

5. Emission Budgets

The mobile source emissions budgets for purposes of determining the

conformity status of transportation plans and transportation

improvement plans in the Dayton-Springfield maintenance area are 31.7

tons VOC/day and 39.4 tons NOX/day. Ohio obtained this emissions

budget by calculating emissions for each county. The emissions budget

for Clark County is 7.8 tons NOX/day and 4.31 tons VOC/day.

6. Contingency Plan

If a violation is monitored, Ohio has committed to adopt and

implement new Control Technology Guideline (CTG) VOC RACT rules and

NOX RACT rules according to schedules shown in Table 2. If the sum

of point, area, and mobile source VOC emissions exceed the 1990

attainment inventory level, Ohio has committed to adopt and implement

new CTG VOC RACT rules according to the schedule shown in Table 2. The

new VOC RACT rules that will serve as a contingency measure include

rules for the following 11 Control Technology Guideline (CTG)

categories found in section 183(a) of the amended CAA: Synthetic

Organic Chemicals Manufacturing Industry (SOCMI) distillation, SOCMI

reactors, wood furniture, plastic parts coating (business machines),

plastic parts coating (other), offset lithography, industrial

wastewater, autobody refinishing, SOCMI batch processing, VOL storage

tanks, and clean up solvents.

The maintenance plan for Montgomery, Greene, Clark and Miami

Counties contains all the necessary elements and is acceptable.

Table 2.--Contingency Measure Implementation Schedule

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Completion date

Control measure Triggering Event Action (from trigger)

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New CTG VOC RACT rules..... violation of ozone NAAQS or Identify and verify ambient 1 month.

exceedance of 1990 attainment violation or exceedance of

inventory. attainment inventory.

Survey potential VOC categories 3 months.

or specific sources.

Propose revised rules for the 6 months.

Dayton-Springfield area.

Adopt rule revisions for the 9 months.

Dayton-Springfield area.

Source demonstration of 12 months.

compliance or submittal of

schedule to achieve.

Achieve compliance with revised 24 months.

requirements of OAC 3745-21.

NOx RACT rules............. Violation of ozone NAAQS........ Identify and verify ambient 1 month.

violation and issue Director's

Orders.

Adoption of NOx RACT rules..... 9 months.

Achieve compliance with 18 months.

requirements of OAC 2745-14-03

or request extension.

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D. 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, the 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.

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. Section 110 was amended in 1990, and the Dayton area SIP

meets the requirements of the amended section 110(a)(2). A number of

the requirements did not change in substance and, therefore, USEPA

believes that the pre-1990 amendment SIP meets those requirements. Many

of the requirements that were amended in 1990 are duplicative of other

requirements in the Act, and USEPA has determined that the Dayton SIP

is consistent with the requirements of section 110 of the amended Act.

2. Part D Requirements

Before the Dayton 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 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 Dayton area was classified as moderate (56 FR 56694).

Therefore, in order to be redesignated, the State must

[[Page 22293]] meet the applicable requirements of subpart 1 of part

D--specifically sections 172(c) and 176, as well as the applicable

requirements of subpart 2 of part D.

a. Section 172(c) Requirements

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 Act. Furthermore, as noted above, some of these

section 172(c) requirements are superseded by more specific

requirements in subpart 2 of part D. The State has satisfied all of the

section 172(c) requirements necessary for the Dayton area to be

redesignated upon the basis of the November 8, 1993, redesignation

request.

USEPA has determined that the section 172(c)(2) reasonable further

progress (RFP) requirement (with parallel requirements for a moderate

ozone nonattainment area under subpart 2 of part D, due November 15,

1993) was not applicable, as the State of Ohio submitted this

redesignation request on November 8, 1993, and RFP was not due until

November 15, 1993. Also the section 172(c)(9) contingency measures and

additional section 172(c)(1) non-RACT reasonable available control

measures (RACM) beyond those required in the SIP, are no longer

necessary, since no earlier date was set for requirement of these

measures.

The section 172(c)(3) emissions inventory requirement has been met

by the submission and approval (60 FR 15053) of the 1990 base year

inventory required under subpart 2 of part D, section 182(a)(1).

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. The rationale for this

view is described fully and 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'' 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

Dayton 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 Dayton.

Ohio's part C PSD program will become effective in the Dayton area upon

redesignation to attainment.

Finally, for purposes of redesignation, the Dayton SIP was 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.

b. 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 deadlines for these

submittals did not come due prior to the date the Dayton redesignation

request was submitted, however, they are not applicable requirements

under section 107(d)(3)(E)(v) and, thus, do not affect approval of this

redesignation request.

3. Subpart 2 Requirements

The Dayton-Springfield area is classified moderate nonattainment;

therefore, part D, subpart 2, section 182(b) requirements apply. The

requirements which came due prior to the submission of the request to

redesignate the Dayton-Springfield area must be fully approved into the

SIP prior to redesignating the area to attainment. These requirements

are discussed below:

(i) 1990 Base Year Emission Inventory

The 1990 base year emission inventory was due on November 15, 1992.

It was submitted to the USEPA on March 15, 1994. The USEPA approved

this submittal on March 22, 1995 (60 FR 15053).

(ii) Emission Statements

The emissions statement SIP was due on November 15, 1992. It was

submitted to the USEPA on March 15, 1994. The USEPA approved this SIP

revision through a direct final rulemaking action published on October

13, 1994 (59 FR 51863).

(iii) VOC RACT Requirements

Sections 182(a)(2)(A) and 182(b)(2) establish VOC RACT requirements

applicable to moderate ozone nonattainment areas such as Dayton.

Section 182(a)(2)(A) required the submission to USEPA of all rules and

corrections to existing VOC RACT rules that were required under the

RACT provision of the pre-1990 CAA (referred to as RACT ``fix-ups'').

Section 182(b)(2) required the submission to USEPA of (1) VOC RACT

rules for all VOC sources covered by a CTG issued before the date of

enactment of the 1990 CAA amendments (a requirement that the State has

previously met), (2) VOC RACT for each VOC source covered by a CTG

issued between the enactment of the 1990 CAAA and the attainment date

(which is not an applicable requirement for purposes of this

redesignation since the due date for these rules is November 15, 1994,

a date after the submission of the redesignation request), and (3) VOC

RACT for all other major stationary sources of VOC located in the area.

On June 9, 1988, August 24, 1990, and June 7, 1993, Ohio submitted

VOC RACT rules to USEPA for approval. In a final rulemaking action, the

USEPA partially approved, partially disapproved, and granted partial

limited approval/limited disapproval to portions of Ohio's VOC RACT

rules on May 9, 1994 (see 58 FR 49458). Ohio submitted negative

declarations for source categories which must be subject to RACT but

for which there are no sources in the Dayton-Springfield area. The

USEPA has reviewed revised VOC RACT rules which addressed identified

deficiencies. Ohio's VOC RACT rules submittals have now been approved

in a direct final notice published on March 23, 1995 (60 FR 15235).

Thus, the State has now satisfied all of the VOC RACT requirements

applicable to the Dayton area. (The approval of this redesignation is

contingent upon the approval of the VOC RACT rules and the 1990 Base-

[[Page 22294]] Year Emissions Inventory. Thus, this redesignation will

not become effective until the approval of the VOC RACT rules and the

1990 Base-Year Emissions Inventory become effective. Consequently,

should the direct final notice approving the VOC RACT rules or 1990

Base-Year Inventory be withdrawn as a consequence of adverse comment,

this direct final notice approving the redesignation will also be

withdrawn and final action will be taken on the redesignation at a

later date.)

(iv) Stage II Vapor Recovery (Stage II)

Section 182(b)(3) required States to submit Stage II rules to USEPA

for moderate ozone nonattainment areas by November 15, 1992. Ohio

submitted Stage II regulations as a SIP revision on June 7, 1993.

However, as the USEPA promulgated onboard rules on April 6, 1994 (59 FR

16262), Stage II is no longer required for moderate ozone nonattainment

areas (see section 202(a)(b). Thus, a Stage II program is not an

applicable requirement for purposes of determining if the area has met

all the section 110 and part D requirements. However, Ohio is

implementing Stage II as a maintenance measure.

(v) Vehicle Inspection and Maintenance (I/M)

The USEPA's final I/M regulations in 40 CFR Part 85 require the

State to submit to the USEPA a fully adopted

I/M program by November 15, 1992. Ohio submitted the I/M rules on May

26, 1994. This submittal was approved on April 4, 1995, at 60 FR 16989.

(The approval of this redesignation is contingent upon the approval of

the I/M SIP revision. Consequently, should the direct final notice

approving the I/M SIP Revision be withdrawn as a consequence of adverse

comment, this direct final notice approving the redesignation will also

be withdrawn and final action will be taken on the redesignation at a

later date.)

(vi) 1.15:1 VOC and NOX Offsets Requirement for NSR

As explained above, USEPA has determined that areas need not comply

with the part D NSR requirements of the Act in order to be

redesignated, provided that the area is able to demonstrate maintenance

without part D NSR in effect. As maintenance has been demonstrated for

the Dayton area without part D NSR in effect, USEPA is not requiring

that the area have a fully-approved part D NSR plan meeting the

requirements of sections 182 (a) and (b) prior to redesignation.

(vii) NOX Requirement

Section 182(f) establishes NOX requirements for ozone

nonattainment areas. However, such requirement does not apply to an

area such as Dayton if the Administrator determines that NOX

reductions would not contribute to attainment. The Administrator has

made such a determination based upon three years of clean air quality

data and has approved the State of Ohio's request to exempt the Dayton

area from the section 182(f) NOX requirements (60 FR 3760). Thus,

the State of Ohio need not comply with the NOX requirements of

section 182(f) for Dayton to be redesignated. If a violation is

monitored in the Dayton-Springfield area, Ohio has committed to adopt

and implement NOX RACT rules as a contingency measure.

E. Section 107(d)(3)(E)(ii). The Administrator has fully approved

the applicable implementation plan for the area under Section 110(k).

USEPA has reviewed the SIP to ensure that it contains all measures that

were due under the amended 1990 Act. Based on the approval of

submittals under the pre-amended CAA, and USEPA's approval of SIP

revisions under the amended CAA, USEPA has determined that the Dayton-

Springfield area has a fully approved SIP under section 110(k), which

also meets the applicable requirements of section 110 and part D as

discussed below. (45 FR 72122, 60 FR 3760, 60 FR 15035, 60 FR 15235,

and 60 FR 16989.

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) 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 Dayton-Springfield area will remain below attainment

levels for the next eleven years. Should emissions exceed attainment

levels, the contingency plan will be triggered. In addition, Ohio is

required to submit a revision to the maintenance plan eight years after

redesignation to attainment 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.

The USEPA notified Environment Canada of this action. The

redesignation is not expected to have any adverse impact on Canada

since emissions are expected to remain below levels associated with

attainment conditions in the Dayton area.

IV. Final Rulemaking Action

The State of Ohio has met the requirements of the Act for revising

the Ohio ozone SIP. The USEPA approves the redesignation of Montgomery,

Greene, Miami, and Clark Counties to attainment areas for ozone. In

addition, the USEPA approves the maintenance plan into the ozone SIP

for these Counties. As noted earlier, this approval is contingent upon

the direct final approval of Dayton's VOC RACT rules, Ohio's I/M SIP

revision, and Dayton's 1990 Base-Year Emissions Inventory becoming

effective.

The USEPA is publishing this action without prior proposal because

USEPA considers 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 July 5, 1995, unless USEPA receives adverse or

critical comments on this redesignation by June 5, 1995, or by April

21, 1995, regarding the 1990 Base-Year Emissions inventory published at

60 FR 15053, or by April 24, 1995, regarding the VOC RACT notice

published at 60 FR 15235, or by May 4, 1995, regarding Ohio's I/M SIP

revision published at 60 FR 16989. If USEPA receives comments adverse

to or critical of any of these approvals, USEPA will withdraw this

redesignation approval before its effective date by publishing a

subsequent Federal Register notice which withdraws this final action.

All public comments received will then be addressed in a subsequent

rulemaking notice(s).

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 redesignation will be effective on July 5, 1995.

The Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

Nothing in this action should be construed as permitting or

allowing or [[Page 22295]] 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 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.

The SIP approvals under section 110 and subchapter I, part D, of

the 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 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 State action. The

Act forbids USEPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. USEPA, 427 U.S. 246, 256-66 (1976).

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 July 5, 1995. 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

Air pollution control, Environmental protection, Hydrocarbons,

Intergovernmental relations, Motor vehicle pollution, Ozone, Volatile

organic compounds, Reporting and recordkeeping requirements.

40 CFR Part 81

Air pollution control, Environmental protection, National parks,

and Wilderness areas.

Dated: March 14, 1995.

Valdas V. Adamkus,

Regional Administrator.

Title 40 of the Code of Federal Regulations, chapter I, is amended

as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 removing paragraph (a)(5) and

revising paragraph (b) to read as follows:

Sec. 52.1885 Control strategy: Ozone.

* * * * *

(b) The maintenance plans for the following counties are approved:

(1) Preble County.

(2) Columbiana County.

(3) Jefferson County.

(4) Montgomery, Greene, Miami, and Clark Counties. This plan

includes implementation of Stage II vapor recovery and an enhanced

vehicle inspection and maintenance program.

(5) Lucas and Wood Counties.

* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PURPOSES

1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. Section 81.336 is amended by revising the entry in the ozone

table for the Dayton-Springfield area to read as follows:

Sec. 81.336 Ohio.

* * * * *

Ohio--Ozone

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area -------------------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

----------------------------------------------------------------------------------------------------------------

* * * * * *

*

Dayton-Springfield Area:

Clark County.......... July 5, 1995......... Attainment.

Greene County......... July 5, 1995......... Attainment.

Miami County.......... July 5, 1995......... Attainment.

Montgomery............ July 5, 1995......... Attainment.

* * * * * *

*

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\1\This date is November 15, 1990, unless otherwise noted.

[[Page 22296]] [FR Doc. 95-10972 Filed 5-4-95; 8:45 am]

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