Approval and Promulgation of Implementation plans and Designation of Areas for Air Quality Planning Purposes; Ohio

Federal RegisterMay 5, 1995

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[OH78-1-6969; FRL-5202-9]

Approval and Promulgation of Implementation plans and Designation

of Areas for Air Quality Planning Purposes; Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Ohio U.S. Environmental Protection Agency (USEPA) has

requested the redesignation of the Cincinnati area (Hamilton, Clermont,

Butler, and Warren Counties) from moderate nonattainment to attainment

for ozone; and Clinton County from transitional nonattainment to

attainment. The requests were received on November 15, 1994. Before the

Cincinnati request can be approved through final rulemaking, several

State Implementation Plan (SIP) revisions must be approved. The USEPA

is separately rulemaking 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, and the 182(b)(4) inspection and maintenance plan. Upon

final approval of these plans, the Cincinnati nonattainment area will

have met all of the requirements for redesignation specified under

section 107(d)(3)(E). The approval of the Clinton County request is not

contingent upon separate rulemaking action by USEPA. The USEPA is

proposing approval of the redesignation request and maintenance plan

for Butler, Hamilton, Warren, Clermont, and Clinton Counties in Ohio.

DATES: Comments on this redesignation and on the proposed USEPA action

must be received by June 5, 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 Ohio portion of the Cincinnati Area (including the

counties of Hamilton, Clermont, Butler, and Warren) from nonattainment

to attainment for ozone. The Cincinnati moderate nonattainment area

also includes the Kentucky counties of Boone, Campbell, and Kenton.

These counties are being addressed in separate rulemaking. The OEPA is

also requesting the redesignation of Clinton county from transitional

nonattainment to attainment. The USEPA received both requests for

redesignation to attainment on November 15, 1994. Public hearing and

response to comment information was received on February 24, 1995.

Under Section 107(d) of the 1977 amended Clean Air Act, the USEPA

promulgated the ozone attainment status for each geographic area of the

country. All counties in the Cincinnati area were designated as an

ozone nonattainment area in March 1978 (43 FR 8962). On November 15,

1990, the Clean Air Act Amendments of 1990 (CAAA) were enacted.

Pursuant to Section 107(d)(4)(A), Butler, Clermont, Hamilton, and

Warren Counties were designated as moderate nonattainment areas, as a

result of monitored violations of the ozone National Ambient Air

Quality Standards (NAAQS) during the summer of 1988 (56 FR 56694,

November 6, 1991). Clinton County did not experience a violation during

the three year period from January 1, 1987 through December 31, 1989,

and therefore, pursuant to section 185(A) of the CAAA, was designated

as a transitional nonattainment area. A review of the Cincinnati area

redesignation request is presented below, followed by a review of the

Clinton County request.

II. Redesignation Review Criteria

The CAAA 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 Area 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 Cincinnati 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 [[Page 22338]] 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 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

years 1992 through 1994. This data has been quality assured and is

recorded in AIRS. No violations were recorded during this time three-

year time period.

The Cincinnati nonattainment area, including the Kentucky counties

of Boone, Campbell, and Kenton, contains eleven 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 is

in Warren County with 0.67 annual average expected exceedance. The 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 Cincinnati 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 Cincinnati 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 Cincinnati area, including the counties

of Butler, Hamilton, Clermont, and Warren, was classified as a moderate

nonattainment area and as a result must 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. Consequently, a modeled

attainment demonstration is not required in the Cincinnati area because

the redesignation request was submitted before the attainment

demonstration due date.

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 currently rulemaking on the Volatile Organic Compounds (VOC)

RACT rules and the 15 Percent (%) Rate of Progress Plan. Approval of

those submittals, along with the emissions inventory, NOx RACT

waiver, and the I/M plan, will provide the area with a fully approved

SIP at the time of final rulemaking on this redesignation request. All

of the above program submittal deadlines preceded the Cincinnati

redesignation request.

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 Cincinnati 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 in the four Ohio Counties of the Cincinnati area,

from 1990 to 1993 was 40 tons per day. These reductions were quantified

using the MOBILE5A model.

From the years 1990 to 1993, area source and point source VOC

emissions increased slightly, by 0.7 tons per day (tpd) and 1.9 tpd,

respectively. Area sources were assumed to grow, based on historical

population growth as interpolated by Bureau of Economic Analysis (BEA)

data for the years 1988 to 1995 and on industrial employment data.

Point source emissions for 1990 were developed from reports submitted

to the Cincinnati Department of Environmental Services by facilities

with actual combined VOC emissions of 10 tons per year or more. The

following table shows combined Butler, Warren, Hamilton, and Clermont

County VOC emissions for area, point, and mobile sources from 1990 to

1993.

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

1990 1993

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

Area(TPD)........................................... 69.0 69.8

Point............................................... 70.9 72.8

Mobile.............................................. 125.8 85.3

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Total......................................... 265.7 227.9

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[[Page 22339]] The State has shown that actual total VOC emissions

were reduced by about 38 tons per day from 1990 to 1993; due

exclusively 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 revision 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 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 Cincinnati 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. However, Federal approval of the Cincinnati

nonattainment region emission inventories is needed before the

redesignation request can be approved.

Maintenance Demonstration

The Cincinnati area submittal shows projected VOC, NOX, and CO

emissions from the 1990 base year for the years 1993, 1996, 1999, 2002

and 2005. The projections show that the level of emissions established

for the attainment year inventory will not be exceeded. Base year and

projected emission inventories were presented for the seven counties

that comprise the interstate Cincinnati moderate nonattainment area.

The following tables list the VOC, NOx , and CO emissions for the base

year, final year and interim years for only the Ohio portion of the

inventory. Summary of VOC Emissions (tons/day)

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

1990 Base 1993 Attain 1996 Proj. 1999 Proj. 2002 Proj. 2005 Proj.

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Point............................. 70.9 72.8 74.9 77.0 79.2 81.4

Area.............................. 69.0 69.8 70.7 71.4 72.3 73.1

Mobile............................ 125.8 85.3 67.1 49.6 41.6 36.8

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Totals...................... 265.7 227.9 212.7 198.0 193.1 191.3

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Summary of CO Emissions (tons/day)

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Point............................. 88.6 88.5 88.3 88.2 88.1 87.9

Area.............................. 319.4 323.8 328.6 333.4 338.6 343.8

Mobile............................ 793.2 629.5 529.0 325.7 263.9 226.0

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Totals...................... 1201.2 1041.8 945.9 747.3 690.6 657.7

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Summary of NOX Emissions (tons/day)

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Point............................. 280.0 279.4 279.0 278.6 278.3 277.6

Area.............................. 29.8 30.3 30.9 31.4 32.1 32.2

Mobile............................ 130.7 115.6 101.3 84.4 72.0 65.5

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Totals...................... 440.5 425.3 411.2 394.4 382.4 375.3

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The OEPA is revising the base year emission inventory numbers in

response to comments made by USEPA. Although the revisions will change

the base year and projected year 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 year 2005 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. [[Page 22340]]

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 was

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

emissions factors from USEPA's Mobile5A emissions model to the

projected Vehicle Miles Travelled (VMT) in the Cincinnati 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 2005 relied on the development of future highway networks, future

forecasts of socio-economic data, and travel patterns in the Cincinnati

area. VMTs are projected to increase 17 percent by the year 2005 from

the 1990 base year. The VOC and NOX emissions projected for the

year 2005 in the table presented earlier are for purposes of

transportation conformity.

Runs of Mobile5A for the years 1990, 1993, 1996, 2000, and 2005

were conducted using the following input file categories: hourly

temperature data, hourly hot/cold start percentage by roadway type,

hourly vehicle mix by roadway type, hourly directional splits by

roadway type, summer factors by roadway type, and speed by roadway

type. Several programs account for the significant reductions in mobile

emissions predicted through the year 2005. These programs, which are

Federally approved or in the process of being approved, include the

enhanced inspection and maintenance, State II vapor recover, 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 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 gas, light duty truck 1 and 2, and heavy duty

gas.

Monitoring Network

There are currently eleven monitors measuring ozone in the

Cincinnati area, as described above. Three are operated by the State of

Kentucky. Seven of the eight monitors located in the Cincinnati area

are operated by the Cincinnati Department of Environmental Services.

The remaining monitor is operated by the Southwest District Office of

the OEPA. The Cincinnati Department of Environmental Services has

committed to continue operating and maintaining its ozone monitoring

network consistent with the Federal and State monitoring guidelines in

order to continue to verify the attainment status of the area.

Contingency Plan

The contingency plan for the Cincinnati 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 Ohio/

Kentucky Cincinnati region, 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. Area emission inventories will be updated

using revised census data. Mobile source emission inventories will be

updated using new VMT estimates and any new USEPA mobile emission

models. Annual progress reports will summarize available VOC emissions

data.

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 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.

Initially, the State 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 activated. Contingency

measures will be implemented according to the following schedule:

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

Completion time after triggering

Activity event

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

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 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 USEPA 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

[[Page 22341]] 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 Cincinnati area SIP was reviewed to

ensure that all requirements under the amended Act were satisfied.

USEPA has determined that the Cincinnati area SIP is consistent with

the requirements of section 110 of the amended Act.

Part D: General Provisions for Nonattainment Areas

Before the Cincinnati 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 Cincinnati 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 sections 172(c) and

176, as well as the applicable requirements of subpart 2 of part D.

Section 172(c) Requirements

The State redesignation request for Cincinnati 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. This

requirement is not relevant because the Cincinnati area has already

demonstrated monitored attainment of the ozone NAAQS.

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 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 Cincinnati 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 Cincinnati. The State's Prevention of

Significant Deterioration (PSD) program will become effective in the

Cincinnati area upon redesignation to attainment.

Subpart 2 Section 182 Requirements

The Cincinnati 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 Cincinnati 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.

(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.

The 15% Rate of Progress plan for VOC reductions was required to be

submitted by November 15, 1993, and, therefore, is applicable to the

Cincinnati Moderate Nonattainment area. The 15% plan was submitted to

USEPA on March 14, 1994, and is currently under review. This plan must

be approved before a redesignation to attainment can be finalized.

(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 [[Page 22342]] Operations Processes

in the Synthetic Organic Chemical Manufacturing Industry'', August

1993. However, the Cincinnati 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)

issued 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.

(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.

(e) Stage II Vapor Recovery

Section 182(b)(3) requires States to submit Stage II rules no later

than November 15, 1992. 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 Cincinnati 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

in February 1994; 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 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, 1993. Ohio submitted the I/M rules on May 26, 1994. USEPA published

a direct final approval of the rules on April 4, 1995. If the notice is

not withdrawn due to adverse comments, the rules will become effective

on June 3, 1995.

The legislation authorizing the State to establish an I/M program

also allows the option of implementation of 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 the counties of Butler,

Clermont, Hamilton, and Warren. Consequently, approval of the

Cincinnati area redesignation request is contingent upon USEPA final

approval of the I/M regulation. A withdrawal of the direct final

rulemaking for I/M would affect the approval of the Cincinnati

redesignation.

(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, under certain circumstances, that areas being redesignated need

not comply with the requirement that a NSR program be approved prior to

redesignation. As the State has demonstrated that maintenance can be

maintained without NSR offsets in effect, the State need not have a

fully approved NSR program for the Cincinnati area to be redesignated.

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 Cincinnati 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 Cincinnati 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

Cincinnati area (including the counties of Butler, Hamilton, Warren,

Clermont, and Clinton in Ohio and Boone, Campbell, and Kenton in

Kentucky), Ohio has committed to adopt and implement NOX RACT

rules as a contingency measure to be implemented upon a violation of

the ozone NAAQS which occurs after initial contingency measures are in

place.

Review of Clinton County Redesignation Request

Clinton County, located to the northeast of the City of Cincinnati,

is classified as a transitional area because it was designated

nonattainment prior to enactment and did not have a monitored ozone

violation between the period starting January 1, 1987 and ending

December 31, 1989. The OEPA must demonstrate that the Clinton County

portion of the submittal meets the five redesignation requirements

specifically identified in Section 107(d)(3)(E). The requirements are

listed below.

A. The Area Must Have Attained the Ozone NAAQS

Monitoring data was submitted for Clinton County for the years 1977

through 1994. The monitor recorded 5 exceedances of the ozone NAAQS in

1983 and single exceedances in the years 1988, 1989, and 1993. The data

is available in AIRS and adequately demonstrates that Clinton County is

attaining the NAAQS.

B. The Area Must Have a Fully Approved State Implementation Plan (SIP)

Under Section 110(k)

Clinton County is a transitional area and therefore is only

required to submit an emissions inventory as a SIP revision. This

rulemaking is proposing approval of the emissions inventory as part of

the maintenance plan and redesignation request for Clinton County. The

Calcagni memorandum allows approval action on the SIP elements and the

redesignation request to occur simultaneously. Therefore, the area has

satisfied this requirement.

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 has shown that in Clinton County, actual total VOC

emissions were reduced by about 2 tons per day from 1990 to 1993; due

exclusively to mobile source emission reductions. The mobile emission

reductions were the result of the lower fuel volatility program and the

FMVCP. Both of these programs are Federally enforceable and permanent.

D. The Area Must Have a Fully Approved Maintenance Plan Meeting the

Requirements of Section 175(A)

The OEPA has met the applicable requirements by submitting a

[[Page 22343]] maintenance plan consisting of emission inventories for

area, point, and mobile sources of VOC, NOX, and CO. The

maintenance plan also consists of a contingency plan with specific

contingency measures to be implemented in accordance with a specified

schedule.

The contingency measures and schedule presented in Section II.D.

above also apply to Clinton County. Additionally, a monitored violation

in Clinton County would trigger contingency measures in the counties

comprising the Cincinnati moderate nonattainment area.

E. The Area Must Have Met All Applicable Requirements Under Section 110

and Part D

The USEPA has interpreted section 107(d)(3)(E)(ii) to mean that the

applicable requirements that an area must satisfy before it can be

redesignated are the requirements under section 110 (regarding general

provisions in a SIP) and under Part D (regarding the requirements for

nonattainment area plans) that were due before the request was

submitted. The General Preamble details the requirements for

transitional areas. Those requirements and their applicability to

Clinton County are presented below.

(1) RACT/Reasonably Available Control Measure (RACM)

In order to satisfy this requirement, transitional areas must show

that any RACT deficiencies regarding enforceability of an existing rule

are corrected. Clinton County was not included in the post 1987 SIP

call letters issued by USEPA to OEPA (dated May 26, 1988, and November

8, 1989) and therefore was never cited as having RACT deficiencies.

Thus, Clinton County has satisfied this requirement.

(2) Attainment Demonstration

Section 182(a)(4) specifically exempts marginal areas from any

attainment demonstration requirement. In accordance with the General

Preamble, this exemption is also reasonably applied to transitional

areas since such areas are not violating the standard. Therefore,

Clinton County is not subject to this requirement.

(3) RFP

Clinton County is already in attainment. This requirement is not

applicable.

(4) Emissions Inventory

An emissions inventory is required under section 172(c)(3). Clinton

County submitted an emissions inventory for VOC's, NOX, and CO.

The inventory was used to develop a maintenance plan under section

175(A).

Emission inventories are supplied for Clinton County for the years

1990 to 2005. The attainment year is considered to be 1993. The mobile

source emissions were determined using the MOBILE5A model. The emission

factors calculated by the model were multiplied by the area VMT's. Area

source emissions were estimated using growth indicators as recommended

by USEPA. These indicators included population growth, industrial

activity, and gasoline consumption. There are no major point sources of

VOC, NOX, or CO in Clinton County. The reduction in mobile source

emissions from the 1990 base year to the 1993 attainment year are

attributed to the implementation of two federal programs: Lower fuel

volatility and the FMVCP. The following table shows the Clinton County

inventory figures.

Summary of VOC Emissions (Tons/Day)

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

1990 Base 1993 Attain 1996 Proj. 1999 Proj. 2002 Proj. 2005 Proj.

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

Point....................... 0.0 0.0 0.0 0.0 0.0 0.0

Area........................ 11.3 11.33 11.36 11.39 11.42 11.45

Mobile...................... 5.04 3.27 2.82 2.80 2.31 2.04

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

Totals................ 16.34 14.60 14.18 14.19 13.73 13.49

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

Summary of CO Emissions (tons/day)

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

Point....................... 0.0 0.0 0.0 0.0 0.0 0.0

Area........................ 24.2 24.3 24.4 24.5 24.7 24.8

Mobile...................... 29.2 20.1 17.3 16.9 14.4 13.3

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

Totals................ 53.4 44.4 41.7 41.4 39.1 38.1

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

Summary of NOX Emissions (tons/day)

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

Point....................... 0.0 0.0 0.0 0.0 0.0 0.0

Area........................ 1.62 1.63 1.64 1.64 1.65 1.66

Mobile...................... 4.80 4.19 3.69 3.65 3.13 2.73

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

Totals................ 6.42 5.82 5.33 5.29 4.78 4.39

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(5) New Source Review