Approval and Promulgation of Implementation Plans; Ohio

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH80-2-7241; FRL-5340-1]

Approval and Promulgation of Implementation Plans; Ohio

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA is approving, in final, Ohio's 1990 base-year ozone

precursor emissions inventories for the Canton, Cincinnati-Hamilton,

Cleveland-Akron-Lorain and Youngstown-Warren-Sharon ozone nonattainment

areas as revisions to the Ohio State Implementation Plan (SIP). The

emissions inventories were submitted to satisfy a Federal requirement

that States containing ozone nonattainment areas submit inventories of

actual ozone precursor emissions for the year 1990. The Ohio ozone

nonattainment areas covered by this rulemaking are Canton (Stark

County); Cincinnati-Hamilton (Butler, Clermont, Hamilton and Warren

Counties); Cleveland-Akron-Lorain (Ashtabula, Cuyahoga, Geauga, Lake,

Lorain, Medina, Portage and Summit Counties); and Youngstown-Warren-

Sharon (Mahoning and Trumbull Counties).

EFFECTIVE DATE: This action will be effective January 8, 1996.

ADDRESSEES: Copies of the State submittal and USEPA's analysis of it

are available for inspection at the following location (it is

recommended you contact William Jones at (312) 886-6058 before visiting

the Region 5 office): J. Elmer Bortzer, Chief, Regulation Development

Section, Regulation Development Branch (AR-18J), USEPA, Region 5, 77

West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: William Jones, Environmental Engineer,

Regulation Development Section, Regulation Development Branch (AR-18J),

USEPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,

(312) 886-6058.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(a)(1) of the Clean Air Act Amendments of 1990 (Act)

requires States with ozone nonattainment areas to submit a

comprehensive, accurate and current inventory of actual ozone precursor

emissions (which includes volatile organic compounds (VOC), nitrogen

oxides (NOX), and carbon monoxide (CO)) for each ozone

nonattainment area by November 15, 1992. This inventory must include

anthropogenic base-year (1990) emissions from stationary point, area,

non-road mobile, and on-road mobile sources, as well as biogenic

(naturally occurring) sources in all ozone nonattainment areas. The

emissions inventory must be based on conditions that exist during the

peak ozone season (generally the period when peak hourly ozone

concentrations occur in excess of the primary ozone National Ambient

Air Quality Standard--NAAQS). Ohio's annual ozone season is from April

1 to October 31 of each year.

II. Criteria for Evaluating Ozone Emissions Inventories

Guidance for preparing and reviewing the emission inventories is

provided in the following USEPA guidance documents or memoranda:

``State Implementation Plans; General Preamble for the Implementation

of Title I of the Act,'' (Preamble) as published in the April 16, 1992

Federal Register (57 FR 13498); ``Emission Inventory Requirements for

Ozone State Implementation Plans,'' (EPA-450/4-91-010) dated March

1991; a memorandum from John Calcagni, Director, Air Quality Management

Division, OAQPS, entitled ``Public Hearing Requirements for the 1990

Base-Year Emissions Inventories for Ozone and Carbon Monoxide

Nonattainment Areas,'' dated September 29, 1992; ``Procedures for the

Preparation of Emissions Inventories for Carbon Monoxide and Precursors

of Ozone, Volumes I and II,'' (EPA-450/4-91-016 and EPA-450/4-91-014)

(Procedures; Volumes I and II) dated May 1991; and ``Procedures for

Emissions Inventories Preparation, Volume IV: Mobile Sources,'' (EPA-

450/4-81-026d) (Procedures; Volume IV) dated 1992.

As a primary tool for the review of the quality of emission

inventories, the USEPA has also developed three levels (I, II, and III)

of emission inventories checklists. The Level I and II checklists are

used to determine that all required components of the base-year

emission inventory and associated documentation are present. These

reviews also evaluate the level of quality of the associated

documentation and the data provided by the State and assess whether the

emission estimates were developed according to the USEPA guidance. The

Level III review evaluates crucial aspects and the overall

acceptability of the emission inventory submittal. Failure to meet one

of the ten critical aspects would lead to disapproval of the emissions

inventory submittal.

Detailed Level I and II review procedures can be found in the USEPA

guidance document entitled ``Quality Review Guidelines for 1990 Base

Year Emissions Inventories,'' (Quality Review) (EPA-454/R-92-007) dated

August 1992. Level III criteria were attached to a memorandum from John

S. Seitz, Director, Office of Air Quality Planning and Standards,

entitled ``Emission Inventory Issue,'' dated June 24, 1993. The Level

I, II, and III checklists used in reviewing this emissions inventory

submittal are attached to a USEPA technical support document dated

October 3, 1995.

III. State Submittal

On March 15, 1994, the Ohio Environmental Protection Agency (OEPA)

submitted a revision to the ozone portion of Ohio's SIP which consisted

of the 1990 base-year ozone emissions inventory for the following

[[Page 62738]]

ozone nonattainment areas in Ohio: Canton, Cincinnati-Hamilton,

Cleveland-Akron-Lorain, Columbus, Dayton-Springfield, Toledo and

Youngstown-Warren-Sharon. The USEPA has completed its review of the

emissions inventories submitted for the Canton (which includes Stark

County), Cincinnati-Hamilton (which includes Butler, Clermont, Hamilton

and Warren Counties), Cleveland-Akron-Lorain (Ashtabula, Cuyahoga,

Geauga, Lake, Lorain, Medina, Portage and Summit Counties) and

Youngstown-Warren-Sharon (which includes Mahoning and Trumbull

Counties) ozone nonattainment areas. Revisions to the March 1994

submittal were submitted on June 8 and August 18, 1995 for these areas.

These revisions addressed deficiencies highlighted in USEPA's proposed

rulemaking. The 1990 base-year emissions inventories submitted for the

Toledo and Dayton-Springfield were approved in a rulemaking published

in the Federal Register on March 22, 1995 (60 FR 15053). The emissions

inventory submitted for the Columbus area will be addressed in a

separate rulemaking.

Inventory Preparation Plan/Quality Assurance Plan

All States were required to submit an Inventory Preparation Plan

(IPP) to USEPA for review and approval by October 1, 1991. The IPP

documents the procedures utilized in the development of an emissions

inventory and contains the quality assurance and quality control plan

(QA/QC). On March 19, 1992, the State of Ohio submitted a final ozone

emissions IPP. On April 15, 1992, USEPA informed the State that the IPP

was not approvable at the time. Subsequently, USEPA has worked with the

State to correct deficiencies in the IPP. With the March 1994 SIP

revision request, the State submitted documentation of how the

emissions inventory was prepared, as well as a quality assurance report

for the point, area, and mobile source portions of the emissions

inventory. The USEPA finds that this documentation and quality

assurance report are acceptable to meet the requirements of an IPP.

Point Source Emissions Inventory

For each nonattainment area, the State submitted a point source

emissions inventory of all facilities that emit at least 10 tons per

year (tpy) of VOC, or 100 tpy NOX or CO. The State also included

sources that emit 100 tpy of VOC, CO, or NOX located in a 25-mile

boundary surrounding each nonattainment area. The point source

emissions inventory contains general facility information, number of

sources, production schedules and related emissions for each source,

emissions limitation, control efficiency and rule effectiveness (RE),

as applicable, and total emissions on an annual and daily ozone season

basis.

The following methods were employed by the State to identify

sources to be included in the 1990 base-year emissions inventory: The

1989 records for plants in the Emissions Inventory System (EIS) were

checked and plants meeting the VOC, CO or NOX criteria were

revised with 1990 emissions data; the air permit records were reviewed

for plants that are candidates for inclusion in the point source

inventory; and current industrial directories and the Toxic Release

Information System (TRIS) database were checked for additional point

source emissions. For facilities in the point source inventory, the

State acquired the emissions data by means of the following: Mail

surveys; plant inspections; telephone calls; and air permit files.

The USEPA reviewed the point source emissions data by cross

referencing the point source inventory to the following sources: (1)

USEPA's guidance document entitled ``Major CO, NO2, and VOC

Sources in the 25-Mile Boundary Around Ozone Nonattainment Areas,

Volume I: Classified Ozone Nonattainment Areas,'' (EPA-450/4-92-005a)

February 1992; a 1990 TRIS Retrieval; and a 1990 Aerometric Information

Retrieval Systems (AIRS) Facility Subsystem--Emission to Compliance

Comparison Report.

Where a source was governed by a regulation or a control device,

the emissions limit was stated. A RE factor was then applied in the

determination of emissions. In accordance with USEPA guidance, a

standard RE factor of 80 percent was utilized, unless otherwise

justified.

Area Source Emissions Inventory

Area source emissions were calculated using State-specific data as

well as USEPA guidance documents and technical memoranda developed for

various categories. The State utilized emission factors from

Procedures; Volumes I and IV, and AP-42 and provided necessary

documentation. The following area source categories were included in

the emissions inventory: Gasoline loading and distribution, dry

cleaning, degreasing, architectural surface coatings, traffic markings,

automobile refinishing, graphic arts, cutback asphalt, pesticide

application, commercial/consumer solvents, bakeries, waste management

practices (landfills), leaking underground storage tanks, incineration

of solid waste, stationary fossil fuel combustion, and fires

(structural, open burn, etc.). Vehicle refueling emissions were

included as part of the mobile source emissions inventory.

The area source inventory was reviewed utilizing USEPA's guidance

documents, and the Level I and II checklists, to ensure that all source

categories and their related emissions (and emission factors) were

included in the area source emissions inventory. Seasonal adjustments,

rule effectiveness, and rule penetration factors were applied as

indicated in the State submittal.

On-Road Mobile Source Emissions Inventory

Development of Emission Factors

In the development of the mobile source emissions inventory, the

State utilized USEPA's mobile source emissions model, Mobile 5a, for

the determination of emissions factors for eight vehicle types and

twelve roadway types. Hard-copy documentation of the input and output

files are provided in the State's submittal. Where available, the

State-specific inputs were utilized in the development of the input

files for Mobile 5a.

Development of Vehicle Miles Travelled (VMT)

Canton, Cleveland-Akron-Lorain and Youngstown-Warren-Sharon Areas:

The 1990 VMT for each roadway type was developed by the Ohio Department

of Transportation (ODOT). ODOT maintains data on each section of

highway in the State of Ohio. VMT were developed by the State Road

Inventory System and reported through the Highway Performance

Monitoring System (HPMS) to the Federal Highway Administration (FHWA).

Each roadway section daily VMT (dVMT) is computed as the annual

average daily traffic (AADT) for that section times the length of the

section. The county DVMT is the sum of the DVMT for each highway

functional classifications in the county. The total dVMTs are then

summed as a statewide total. The statewide totals are then compared by

functional class to the 1990 HPMS submittal. For those classifications

were traffic counts are available for all or nearly all their sections,

the totals were essentially the same. For those with more off-systems

roads, the resulting totals were larger than the HPMS's submittal value

(as expected). Correction factors were computed from the two sets of

totals and applied to the individual cells.

[[Page 62739]]

ODOT used permanent and portable vehicle classification equipment

to develop the vehicle mix by functional classification of highway.

Traficomp III vehicle classification equipment are used to support the

HPMS data collection effort. A software program called OHIO CONVERT

formats vehicle classification data into the FHWA Vehicle

Classification categories.

Cincinnati-Hamilton Area: For the Cincinnati-Hamilton area, the

Ohio-Kentucky-Indiana Regional Council of Governments (OKI) was

responsible for the development of the mobile source emissions

inventory. OKI developed this inventory for the Ohio and Kentucky

portions of the interstate nonattainment area. OKI utilized the OKI

Travel Demand Model to estimate the traffic volume on each roadway

segment and an OKI utility program to which calculates the loaded

speed, VMT and emissions for each roadway segment.

The OKI travel demand model is a computerized travel demand

forecasting model for the entire interstate nonattainment area. The

model uses a four phase sequential travel demand forecasting process of

trip generation, distribution modal choice and assignment. The OKI

Travel Demand Model is composed of TRANPLAN programs and Fortran

programs written by OKI.

The model takes zonal demographic data and the transportation

network as inputs and produces estimated traffic volumes on each

roadway segment in the network. Traffic zones are the analysis units in

the model. The OKI region is divided into 909 zones. The output of the

model is a loaded highway network which contains information for each

link such as initial speed, capacity, distance, functional class

district number area type and forecasted traffic.

Off-Road Mobile Source Emissions Inventory

Canton, Cincinnati-Hamilton and Youngstown-Warren-Sharon Areas: The

State developed emissions estimates for the following off-road

categories according to USEPA guidance: Aircraft, railroad locomotives,

recreational boating, off road motorcycles, agricultural equipment,

construction equipment, industrial equipment, and lawn and garden

equipment. Documentation was provided as to the sources of emissions

factors utilized and were submitted in the area source emissions

inventory portion of the submittal.

Cleveland-Akron-Lorain Area: The State utilized emissions estimates

for non-road emissions developed by the Office of Mobile Sources (OMS -

USEPA) in October 1992, in accordance with USEPA requirements for the

Cleveland-Akron-Lorain off-road mobile source emissions inventory.

These OMS emissions estimates are provided for off-road diesel engines,

as well as two-stroke and four-stroke gasoline engines, including off-

road motorcycles, construction equipment, farm equipment, lawn and

garden equipment, industrial equipment, and recreational vessels. In

addition, the State included in the off-road mobile source inventory

emissions from aircraft, railroads, and commercial vessels, which are

not included in the OMS data. These estimates were developed using

emissions factors from AP-42 and activity factors gathered from various

sources.

The off-road mobile source inventory was reviewed utilizing the

Level I and II checklists and USEPA's guidance documents to ensure that

all source categories and their related emissions factors were included

in the off-road mobile source emissions inventory.

Biogenic Emissions Inventory

The State of Ohio developed the naturally occurring (biogenic)

emissions for the Canton, Cincinnati-Hamilton, Cleveland-Akron-Lorain

and Youngstown-Warren-Sharon areas according to a USEPA's guidance

document entitled ``User's Guide to the Personal Computer Version of

the Biogenic Emissions Inventory System (PC-BEIS),'' (EPA-450/4-91-017)

dated July 1991. Meteorological data utilized in PC-BEIS was collected

in accordance with USEPA guidance. The ten warmest days from the period

between 1988 to 1990 with the highest hourly peak ozone concentrations

in each ozone nonattainment areas was collected and reviewed. As

required by USEPA guidance, the corresponding ozone concentration to

the fourth highest daily maximum temperature for each nonattainment

area was selected and utilized in the model. The State provided hard

copy documentation as to the meteorological inputs utilized and PC-BEIS

output files for the biogenic emissions inventory for the Canton,

Cincinnati-Hamilton, Cleveland-Akron-Lorain and Youngstown-Warren-

Sharon nonattainment areas.

IV. Approval of the Emissions Inventories

In a letter addressed to Robert Hodanbosi, Chief, Division of Air

Pollution Control, OEPA, dated March 23, 1995, USEPA provided comments

on the 1990 base-year ozone emissions inventories submitted for the

Canton, Cincinnati-Hamilton, Cleveland-Akron-Lorain and Youngstown-

Warren-Sharon areas. These comments addressed corrections that would be

needed before the inventories could be finally approved.

In a letter dated June 8, 1995, the State of Ohio provided a

response to comments on the area, on-road and off-road mobile, and

biogenic source emissions. The USEPA has reviewed these responses and

finds that the State has satisfied the Agency's comments and that the

emissions inventory for the area, on-road mobile, non-road mobile, and

biogenic sources is approvable.

At the time of the proposed rulemaking, the State had not responded

to the point source emissions inventory comments that were stated in

the March 23, 1995, letter (these comments addressed possible

facilities that may be required to be included in the point source

emissions inventory). The USEPA proposed to approve the State's point

source emissions inventory contingent upon the State's response (and

completion of USEPA's review) to the point source emissions comments.

In a letter dated August 18, 1995, the State of Ohio provided a

response to comments on the point source emissions inventory. The USEPA

has reviewed these responses and finds that the State has satisfied the

Agency's comments and that the emissions inventory for point sources is

approvable.

V. Summary of Ozone Emissions Inventory

The following summary indicates the emissions inventories for an

average ozone summer weekday for the Canton, Cincinnati-Hamilton,

Cleveland-Akron-Lorain and Youngstown-Warren-Sharon ozone nonattainment

areas. The emissions are stated in tons per ozone season weekday:

[[Page 62740]]

Canton Ozone Nonattainment Area

[Tons per day]

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Source type VOC CO NOX

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Point Sources................................................... 12.36 40.17 6.74

Area Sources.................................................... 18.93 1.54 0.98

On-Road Mobile Sources.......................................... 31.66 188.59 16.24

Off-Road Mobile Sources......................................... 23.72 63.00 15.89

Biogenic Sources................................................ 36.66 .............. ..............

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Totals.................................................... 123.33 293.30 39.85

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Cincinnati-Hamilton Ozone Nonattainment Area

[Tons per day]

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Source type VOC CO NOX

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Point Sources................................................... 70.43 88.79 280.67

Area Sources.................................................... 64.48 5.41 2.29

On-Road Mobile Sources.......................................... 125.84 793.16 130.68

Off-Road Mobile Sources......................................... 37.37 274.57 34.45

Biogenic Sources................................................ 109.04 .............. ..............

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Totals.................................................... 407.16 1161.93 448.09

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Cleveland-Akron-Lorain Ozone Nonattainment Area

[Tons per day]

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Source type VOC CO NOX

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Point Sources................................................... 82.22 208.69 245.59

Area Sources.................................................... 120.86 12.64 9.54

On-Road Mobile Sources.......................................... 248.37 1402.01 176.58

Off-Road Mobile Sources......................................... 80.19 808.32 70.92

Biogenic Sources................................................ 195.37 .............. ..............

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Totals.................................................... 727.01 2431.66 502.63

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Youngstown-Warren-Sharon Ozone Nonattainment Area

[Tons per day]

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Source type VOC CO NOX

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Point Sources................................................... 16.71 18.74 23.25

Area Sources.................................................... 27.80 13.02 7.00

On-Road Mobile Sources.......................................... 48.98 293.54 29.87

Off-Road Mobile Sources......................................... 13.48 87.88 10.99

Biogenic Sources................................................ 50.26 .............. ..............

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Totals.................................................... 157.23 413.18 71.11

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VI. Proposed Rulemaking Action and Solicitation of Public Comment

On July 10, 1995, USEPA published a rulemaking proposing to approve

the emissions inventories submitted by the State of Ohio for the

Canton, Cincinnati-Hamilton, Cleveland-Akron-Lorain, and Youngstown-

Warren-Sharon ozone nonattainment areas (refer to 60 FR 35535). No

comments were submitted to USEPA on this proposed action. Also, the

proposed rulemaking discussed the use of a letter notice procedure for

final approval of this SIP revision. The USEPA has decided to take

final action through the Federal Register and not use the letter notice

procedure for this action.

VII. Final Action

The USEPA is approving, in final, Ohio's 1990 base-year ozone

precursor emissions inventories for the Canton (Stark County);

Cincinnati-Hamilton (Butler, Clermont, Hamilton and Warren Counties);

Cleveland-Akron-Lorain (Ashtabula, Cuyahoga, Geauga, Lake, Lorain,

Medina, Portage and Summit Counties); and Youngstown-Warren-Sharon

(Mahoning and Trumbull Counties) ozone nonattainment areas. These

emissions inventories were submitted as revision to Ohio's State

Implementation Plan.

VIII. General Provisions

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. Each request for revision to any SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the

[[Page 62741]]

procedures published in the Federal Register on January 19, 1989 (54 FR

2214-2225), as revised by a July 10, 1995, memorandum from Mary

Nichols, Acting Assistant Administrator for Air and Radiation. The

Office of Management and Budget has exempted this regulatory action

from Executive Order 12866 review.

IX. Regulatory Process

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities (5 U.S.C. 603 and 604).

Alternatively, USEPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under Section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-State relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

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

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976); 42

U.S.C. 7410(a)(2).

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995, signed into law on March 22, 1995, USEPA must undertake

various actions in association with proposed or final rules that

include a Federal mandate that may result in estimated costs of $100

million or more to the private sector, or to State, local, or tribal

governments in the aggregate.

Through submission of the state implementation plan or plan

revisions approved in this action, the State has elected to adopt the

program provided for under section 110 of the Clean Air Act. The rules

and commitments being approved in this action may bind State, local and

tribal governments to perform certain actions and also may ultimately

lead to the private sector being required to perform certain duties. To

the extent that the rules and commitments being approved by this action

will impose or lead to the imposition of any mandate upon the State,

local or tribal governments either as the owner or operator of a source

or as a regulator, or would impose or lead to the imposition of any

mandate upon the private sector, EPA's action will impose no new

requirements; such sources are already subject to these requirements

under State law. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

The USEPA has also determined that this action does not include a

mandate that may result in estimated costs or $100 million or more to

State, local, or tribal governments in the aggregate or to the private

sector. Approval of Ohio's emissions inventories does not impose any

new requirements on small entities.

Under Section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by February 5, 1996. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See Section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile organic compounds.

Dated: November 20, 1995.

Valdas V. Adamkus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

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

Subpart KK--Ohio

2. Section 52.1885 is amended by adding new paragraph (v) to read

as follows:

Sec. 52.1885 Control Strategy: Ozone.

* * * * *

(v) Approval--The 1990 base-year ozone emissions inventory

requirement of Section 182(a)(1) of the Clean Air Act has been

satisfied for the Canton (Stark County); Cincinnati-Hamilton (Butler,

Clermont, Hamilton and Warren Counties); Cleveland-Akron-Lorain

(Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit

Counties); and Youngstown-Warren-Sharon (Mahoning and Trumbull

Counties) areas.

[FR Doc. 95-29755 Filed 12-6-95; 8:45 am]

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