Approval and Promulgation of Implementation Plans; Ohio

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH61-1-6381a; FRL-5175-2]

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, as revisions to the ozone portion of

the Ohio State Implementation Plan (SIP), through direct final

procedure, Ohio's 1990 base-year ozone precursor emissions inventory

for the Toledo and Dayton ozone nonattainment areas. These 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 Toledo (Lucas and Wood Counties)

and Dayton (Clark, Greene, Miami, and Montgomery Counties).

DATES: This final rule will be effective May 22, 1995 unless an adverse

comment is received by April 21, 1995. If the effective date of this

action is delayed due to adverse comments, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments should be mailed to: William L. MacDowell,

Chief, Regulation Development Section, Air Enforcement Branch (AE-17J),

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

Copies of the State submittal and USEPA's analysis of it are

available for inspection at the following address (It is recommended

that you contact Richard Schleyer at (312) 353-5089 before visiting the

Region 5 Office.) Regulation Development Section, Air Enforcement

Branch (AE-17J), USEPA, Region 5, 77 West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Richard Schleyer, Environmental

Engineer, Regulation Development Section, Air Enforcement Branch (AE-

17J), USEPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois

60604, (312) 353-5089.

SUPPLEMENTARY INFORMATION:

I. Background

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

requires States with ozone and carbon monoxide (CO) nonattainment areas

to submit a [[Page 15054]] comprehensive, accurate and current

inventory of actual ozone precursor emissions (which includes volatile

organic compounds (VOC), nitrogen oxides (NOX), and 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) emissions 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 peak ozone season is from

April 31 to October 31.

II. Criteria for Evaluating Ozone Emissions Inventories

Available guidance for preparing and reviewing the emission

inventories is provided in the following USEPA guidance documents or

memorandum: ``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) dated May 1991; ``Procedures for Emissions

Inventories Preparation, Volume IV: Mobile Sources,'' (EPA-450/4-81-

026d) dated 1992; and ``Supplement C to Compilation of Air Pollutant

Emission Factors, Volume I: Stationary Point and Area Sources,'' (AP-

42) dated September 1990.

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 its 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 any

of the ten crucial 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 (TSD)

dated January 24, 1995.

III. State Submittal

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

submitted a request for revision to the ozone portion of Ohio's SIP,

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

following ozone nonattainment areas in Ohio: Canton, Cincinnati,

Cleveland, Columbus, Dayton, Toledo and Youngstown. These emissions

inventories were deemed complete on May 16, 1994. The USEPA has

completed its review of the emissions inventories submitted for the

Toledo and Dayton ozone nonattainment areas. The 1990 base-year

emissions inventories submitted for the other areas shall 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 to USEPA. On April 15, 1992, USEPA informed the State

that the IPP was not then approvable. The USEPA has worked with the

State since that time in order to correct the deficiencies in the IPP.

In the March 1994 SIP revision, 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 has determined that this documentation

and the quality assurance reports meet the requirements for an IPP and

are acceptable.

Point Source Emissions Inventory

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 in the nonattainment area. The inventory also included

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

boundary surrounding the 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

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

for plants that may be candidates for inclusion in the point source

inventory; and current industrial directories and the Toxic Release

Information System (TRIS) database were checked for additional sources.

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 AFS--Emission to

Compliance Comparison Report. The State was notified of potentially

missing sources or discrepancies in their reported emissions, and

provided necessary corrections.

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

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

determination of emissions. A standard RE of 80 percent was utilized

unless otherwise justified in accordance with USEPA guidance.

[[Page 15055]]

Area Source Emissions Inventory

Area source emissions were calculated using State-specific data as

well as USEPA guidance documents and technical memorandum developed for

various categories. The State utilized emission factors from Volume 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 were applied as indicated in

the State submittal.

On-Road Mobile Source Emissions Inventory

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 submittal. Where available, the State-

specific inputs were utilized in the development of the input file for

Mobile 5a.

The 1990 vehicle miles travelled (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 classification in the county. The total dVMTs are then

summed for a statewide total. The statewide total is then compared by

functional class to the 1990 HPMS submittal. For those classifications

where traffic counts were 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.

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.

The USEPA has reviewed the mobile source emissions inventory

utilizing the checklist contained in the Quality Review guidance

document. This was used to ensure that recommended procedures were

followed in the development of the mobile source portion of the

emissions inventory. This checklist is attached to a USEPA TSD dated

January 24, 1995.

Off-Road Mobile Source Emissions Inventory

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. The State provided documentation of the sources of emissions

factors utilized, and submitted it in the area source emissions

inventory portion of the submittal.

The USEPA reviewed the off-road mobile source inventory 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 determined the biogenic emissions for the Toledo

and Dayton area 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 area was collected and reviewed. As

required by USEPA guidance, the fourth highest daily maximum ozone

concentration for each nonattainment area was selected and utilized in

the model. The State provided hard copy documentation of the

meteorological inputs utilized, and PC-BEIS output files for the

biogenic emissions inventory for the Toledo and Dayton nonattainment

areas.

IV. Summary of Ozone Emissions Inventory

The USEPA has prepared the following summary of the emissions

inventories for an average ozone summer weekday for the Toledo and

Dayton ozone nonattainment areas. The emissions are stated in tons per

day for a typical ozone season weekday:

Toledo Ozone Nonattainment Area (TPD)

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

Source type VOC CO NOX

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Point Sources.................... 58.82 5.21 85.33

Area Sources..................... 28.18 6.71 1.51

On-Road Mobile Sources........... 68.46 377.89 37.73

Off-Road Mobile Sources.......... 9.96 66.26 16.55

Biogenic Sources................. 72.33 ........... ...........

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Totals..................... 237.75 456.07 141.12

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[[Page 15056]]

Dayton Ozone Nonattainment Area (tpd)

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

Source type VOC CO NOX

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Point Sources.................... 37.52 5.65 32.15

Area Sources..................... 46.94 0.72 1.40

On-Road Mobile Sources........... 106.43 611.44 60.78

Off-Road Mobile Sources.......... 11.45 122.70 31.84

Biogenic Sources................. 114.68 ........... ...........

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Totals..................... 317.02 740.51 126.17

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V. Final Action

The USEPA is approving the 1990 base-year ozone precursor emissions

inventories for the Toledo and Dayton nonattainment areas based upon

the evidence presented by the State and the State's compliance with the

requirements outlines in the applicable USEPA guidance.

VI. Comment and Approval Procedure

The USEPA is publishing this action without prior proposal because

USEPA views this action as a noncontroversial revision and anticipates

no adverse comments. This action will be effective on May 22, 1995,

unless USEPA receives adverse or critical comments by April 21, 1995.

USEPA has published, simultaneously, a proposed rule for this action in

this issue of the Federal Register. If USEPA receives adverse comments,

the direct final rule will be withdrawn and all public comments

received will be addressed in a subsequent final rule based on the

proposed rule. Please be aware that USEPA will institute another

comment period on this action only if warranted by significant

revisions to the rulemaking based on any comments received in response

to this action.

VII. Regulatory Process

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 (OMB) exempted

this regulatory action from Executive Order 12866 review.

Nothing in this action should be construed as permitting, allowing

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

SIP. USEPA shall consider each request for revision to the SIP in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

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

must prepare a regulatory flexibility analysis assessing the impact of

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

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

significant impact on a substantial number of small entities. Small

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

and government entities with jurisdiction over populations of less than

50,000.

The SIP approval under Section 110 and subchapter I, Part D, of the

Act do not create any new requirements, but simply approve requirements

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

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

not have a significant impact on small entities. Moreover, due to the

nature of the Federal-State relationship under the Act, preparation of

a regulatory flexibility analysis would constitute Federal inquiry into

the economic reasonableness of State action. The Act forbids the 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).

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 May 22, 1995. Filing a

petition for reconsideration by the Administrator of this final rule

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

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

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

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

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

List of Subjects in 40 CFR Part 52

Air pollution control, Environmental protection, Nitrogen oxides,

Ozone, Volatile organic compounds, Hydrocarbons, Intergovernmental

relations, Reporting and recordkeeping.

Authority: 42 U.S.C. 4201-7601q.

Dated: March 3, 1995.

Valdas V. Adamkus,

Regional Administrator.

Part 52, chapter 1, 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 (s) to read

as follows:

Sec. 52.1885 Control Strategy: Ozone.

* * * * *

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

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

satisfied for the following ozone nonattainment areas: Toledo (Lucas

and Wood Counties) and Dayton (Clark, Greene, Miami, and Montgomery

Counties).

[FR Doc. 95-7007 Filed 3-21-95; 8:45 am]

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