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

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.

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

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

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

Total......................................... 470.8 405.6

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

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)

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

1990 Base 1993 Attain 1996 Proj. 2000 Proj. 2006 Proj.

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

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

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

Totals..................................... 470.8 404.7 356.0 305.5 279.9

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

Summary of NOX Emissions (tons/day)

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

1990 Base 1993 Attain 1996 Proj. 2000 Proj. 2006 Proj.

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

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

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

Totals................................... 476.4 457.2 436.6 385.7 360.9

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

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)

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

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