# 90 FR 283: Air Plan Approval; Ohio; Moderate Attainment Plan Elements for the Cleveland Area for the 2015 Ozone Standard

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2024-30717

## Section

- **Citation:** 90 FR 283
- **Heading:** Air Plan Approval; Ohio; Moderate Attainment Plan Elements for the Cleveland Area for the 2015 Ozone Standard
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 90 / 90 FR 283

## Text

ished January 1, 2023, as the due date for the State to submit all Moderate area nonattainment plan SIP requirements applicable to newly reclassified areas.
7 83 FR 25776, June 4, 2018.
8 87 FR 60897, October 7, 2022.
II. Evaluation of Ohio's Submittal
Ohio submitted a SIP revision on December 21, 2022, to address Moderate area requirements for the Cleveland area under the 2015 ozone NAAQS. The

submittal contained a number of nonattainment plan elements, including a 2017 base year emissions inventory for volatile organic compounds (VOC) and oxides of nitrogen (NO X ), a 15% RFP plan with 2023 VOC and NO X motor vehicle emissions budgets, an I/M program certification, and a NNSR certification, and each of these is covered in further detail below. The submission also included an attainment demonstration, a reasonably available control measures demonstration, and contingency measures, which will be addressed in a separate action. Ohio's SIP submission and associated supporting documents are available in the docket for this action, at https://www.regulations.gov, Docket ID No. EPA-R05-OAR-2022-0983.
A. 2017 Base Year Emissions Inventory
1. Background
CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and 7511a(a)(1), require States to develop and submit, as SIP revisions, comprehensive, accurate, and complete emissions inventories for all areas designated as nonattainment for the ozone NAAQS. This requirement is codified at 40 CFR 51.1315, and the term “base year inventory” is defined at 51.1300(p). For ozone, the base year inventory is an estimation of actual emissions of VOC and NO X from all sources within the boundaries of the nonattainment area
SIP revisions, comprehensive, accurate, and complete emissions inventories for all areas designated as nonattainment for the ozone NAAQS. This requirement is codified at 40 CFR 51.1315, and the term “base year inventory” is defined at 51.1300(p). For ozone, the base year inventory is an estimation of actual emissions of VOC and NO X from all sources within the boundaries of the nonattainment area.
The regulation at 40 CFR 51.1315(a) requires that the selected inventory year be consistent with the baseline year for the RFP plan as required by 40 CFR 51.1310(b), which states that the baseline emissions inventory shall be the emissions inventory for the most recent calendar year for which a complete triennial inventory is required to be submitted to EPA under the provisions of subpart A of 40 CFR part 51, Air Emissions Reporting Requirements, 40 CFR 51.1 through 50. For areas designated as nonattainment in 2018, the most recent triennial inventory year conducted for the National Emissions Inventory (NEI) pursuant to the Air Emissions Reporting Requirements (AERR) rule is 2017. 9
9 83 FR 62998 at 63005, December 6, 2018.
Further, 40 CFR 51.1315(c) requires emissions values included in the base year inventory to be actual ozone season day emissions as defined by 40 CFR 51.1300(q), which states: “ Ozone season day emissions means an average day's emissions for a typical ozone season work weekday. The State shall select, subject to EPA approval, the particular month(s) in the ozone season and the day(s) in the work week to be represented, considering the conditions assumed in the development of RFP plans and/or emissions budgets for transportation conformity.”
On July 24, 2020, Ohio submitted a SIP revision addressing the emissions inventory requirement of CAA section 182(a)(1). At that time, the Cleveland nonattainment area was designated Marginal nonattainment and RFP was not required
hich was the latest model version at the time the inventory was developed. Ohio used annual emissions data contained from EPA's 2017gb emissions modeling platform, which is based on the 2017 NEI, to generate emissions estimates for the point, nonpoint, nonroad and biogenic source categories. 10 The emissions collected from the 2017gb inventory were presented in terms of monthly or annual emissions.
10 Supporting documentation for the NEI is available on EPA's website at https://www.epa.gov/air-emissions-inventories/2017-national-emissions-inventory-nei-data?adlt=strict. Supporting documentation for the 2017gb emissions modeling platform is available at https://www.epa.gov/air-emissions-modeling/2017-emissions-modeling-platform.
Where monthly data were available, Ohio derived ozone season day emissions by dividing July emissions by the number of days in July. Where only annual data were available, Ohio derived ozone season day emissions by applying a conversion factor, by source type and pollutant, to the annual emissions. Ohio derived the conversion factors from EPA's 2017gb Air Emissions Modeling Platform. 11 Ohio selected July as representative of the ozone season as it is typically the warmest month and had the highest monthly emissions of NO X and VOC combined in the 2017gb modeling platform.
11 “2017gb_hapcap_county_monthly_report_CAPs_PEC_POC_09apr2021” file available at https://www.epa.gov/air-emissions-modeling/2017-emissions-modeling-platform (select 2017 Data Files and Summaries, then reports, then the specific file).
Ozone season day emissions as derived above include weekend days. Ohio determined that this is appropriate because ozone values measured on weekend days have a significant impact on the monitor design values in the Cleveland nonattainment area
inor facilities. After review and approval by Ohio EPA staff, the facility emissions were then formatted, through an EPA provided Microsoft Access tool, for annual submission to the Emission Inventory System (EIS) Gateway to fulfill required reporting for the annual EIS. Initially, the point source inventory was submitted to the EIS Gateway in draft form to begin the Quality Assurance (QA) process.
The EIS Gateway QA environment performed a variety of checks on the point source inventory, including facility site geographic coordinates,

duplicate facilities, release point diameter, and others. After the QA checks were performed, the EIS Gateway provided a feedback file with any errors that were encountered. These errors were addressed on a case-by-case basis, depending on the error. Some errors required collaboration with EPA such as correcting duplicate facilities. Once all critical errors were corrected, the emissions were submitted to the EIS Gateway in final form.
The final point source inventory is divided into two categories: electric generating units (EGUs) and non-EGUs. Ohio collected both EGU and non-EGU emissions from the 2017gb emissions modeling platform. These files provided annual data which Ohio converted to tons per ozone season day (tpd) using the conversion factors identified above.
Nonpoint Sources
Nonpoint sources, also referred to as “area” sources, are sources that fall below point source reporting levels or are too small or too numerous to be identified individually. The nonpoint inventory collected from the 2017gb emissions inventory platform was initially developed from a variety of State data supplied to estimate emissions based on procedures and guidance supplied by EPA. State specific data was only used when Ohio was able to provide data that was considered to more accurately describe activity or emissions in Ohio compared to the default data. Where Ohio was unable to provide State specific data, EPA default data was used
otor vehicles traveling on local highways and roads. Onroad emissions data were developed by the Northeast Ohio Areawide Coordinating Agency (NOACA), the Akron Metropolitan Area Transportation Study (AMATS), and the Ohio Department of Transportation (ODOT), in consultation with Ohio EPA and EPA, using emission factors produced by MOVES3 and data produced by the region's updated travel-demand model.
Biogenic Sources
Biogenic emissions come from natural sources including vegetation and soils. 2017 biogenic emissions were collected from the 2017gb emissions modeling platform. This file provided monthly data which was converted to tpd by dividing July emissions by the number of days in July.
Summary of the Emissions Inventory
2017 ozone season day emissions in tpd of NO X and VOCs for each county by sector are shown in tables 1 and 2, below.
Table 1—Cleveland NO X Emissions for 2017 Base Year [tpd] County EGU Non-EGU Nonpoint Onroad Nonroad Total Anthropogenic Biogenic Total Cuyahoga 0.00 7.38 6.12 21.06 9.95 44.51 0.59 45.10 Geauga 0.00 0.02 0.16 2.04 1.43 3.65 0.59 4.24 Lake 0.05 1.70 2.51 4.34 3.57 12.17 0.34 12.51 Lorain 3.05 0.99 2.95 5.30 3.42 15.71 1.10 16.81 Medina 0.00 0.18 0.87 4.72 1.60 7.37 1.01 8.38 Portage 0.00 0.29 1.80 2.98 1.97 7.04 0.97 8.01 Summit 0.00 0.72 2.08 9.78 3.35 15.93 0.72 16.65 Total 3.10 11.29 16.48 50.22 25.29 106.38 5.32 111.70 Table 2—Cleveland VOC Emissions for 2017 Base Year [tpd] County EGU Non-EGU Nonpoint Onroad Nonroad Total Anthropogenic Biogenic Total Cuyahoga 0.00 3.20 53.46 12.49 12.65 81.80 22.33 104.13 Geauga 0.00 0.08 3.99 2.46 1.20 7.73 22.50 30.23 Lake 0.00 0.77 10.83 3.62 2.58 17.80 14.50 32.30 Lorain 0.13 0.81 10.26 3.96 3.23 18.39 14.16 32.55 Medina 0.00 0.35 9.87 1.92 2.65 14.79 13.16 27.95 Portage 0.00 1.31 7.29 4.39 1.87 14.86 23.41 38.27 Summit 0.00 1.26 20.90 4.97 5.75 32.88 21.62 54.50 Total 0.13 7.79 116.60 29.93 33.82 188.27 131.68 319.95 3
3.20 53.46 12.49 12.65 81.80 22.33 104.13 Geauga 0.00 0.08 3.99 2.46 1.20 7.73 22.50 30.23 Lake 0.00 0.77 10.83 3.62 2.58 17.80 14.50 32.30 Lorain 0.13 0.81 10.26 3.96 3.23 18.39 14.16 32.55 Medina 0.00 0.35 9.87 1.92 2.65 14.79 13.16 27.95 Portage 0.00 1.31 7.29 4.39 1.87 14.86 23.41 38.27 Summit 0.00 1.26 20.90 4.97 5.75 32.88 21.62 54.50 Total 0.13 7.79 116.60 29.93 33.82 188.27 131.68 319.95 3. Evaluation of Ohio's 2017 Base Year Emission Inventory
EPA has reviewed Ohio's 2017 base year emissions inventory for consistency with sections 172(c)(3) and 182(a)(1) of the CAA and EPA's emission inventory requirements. The selection of 2017 as the base year comports with the RFP baseline year requirements set forth in the SIP Requirements Rule and codified at 40 CFR 51.1310(b).
EPA has reviewed the techniques used by Ohio to derive and quality assure the emission estimates. Ohio documented the procedures used to estimate the emissions for each of the major source types. The documentation of the emission estimation procedures is thorough and adequate to determine that Ohio followed acceptable procedures to estimate the emissions.
Ohio developed a QA plan and followed this plan during various phases of the emissions estimation and documentation process to quality assure the emissions for completeness and accuracy. These QA procedures were summarized in the documentation describing how the emissions estimates were developed. Because it meets the applicable requirements, EPA is proposing to approve Ohio's 2017 base year emissions inventory for the Cleveland area for the 2015 ozone NAAQS.
B. 15% RFP Plan
1. Background
The CAA requires that States with areas designated as nonattainment for ozone achieve RFP toward attainment of the ozone NAAQS. CAA section 172(c)(2) contains a general requirement that nonattainment plans must provide for emissions reductions that meet RFP
sing to approve Ohio's 2017 base year emissions inventory for the Cleveland area for the 2015 ozone NAAQS.
B. 15% RFP Plan
1. Background
The CAA requires that States with areas designated as nonattainment for ozone achieve RFP toward attainment of the ozone NAAQS. CAA section 172(c)(2) contains a general requirement that nonattainment plans must provide for emissions reductions that meet RFP. For areas classified Moderate and above, section 182(b)(1) imposes a more specific RFP requirement that a State was required to meet through a 15% reduction in VOC emissions from the baseline anthropogenic emissions within 6 years after November 15, 1990.
The SIP Requirements Rule addressed, among other things, RFP requirements as they apply to areas designated nonattainment and classified as Moderate for the 2015 ozone NAAQS. 12 RFP requirements under the 2015 ozone NAAQS are codified at 40 CFR 51.1310. EPA interprets the 15% VOC emission reduction requirement in CAA section 182(b)(1) such that a State that has already met the 15% requirement for VOC for an area under either the 1-hour ozone NAAQS or a prior 8-hour ozone NAAQS would not have to fulfill that requirement through reductions of VOC again. Instead, EPA interprets CAA section 172(c)(2) to require States with such areas to obtain 15% ozone precursor emission reductions from VOC and/or NO X over the first 6 years after the baseline year for the 2015 ozone NAAQS. Ohio previously met the 15% VOC reduction requirement of CAA section 182(b)(1) for the Cleveland area under the 1-hour ozone NAAQS. 13 Therefore, the State may rely upon both VOC and NO X emissions reductions to meet the RFP requirement for the 2008 ozone NAAQS.
12 83 FR 62998 at 63004, December 6, 2018.
13 74 FR 47414, September 15, 2009
years after the baseline year for the 2015 ozone NAAQS. Ohio previously met the 15% VOC reduction requirement of CAA section 182(b)(1) for the Cleveland area under the 1-hour ozone NAAQS. 13 Therefore, the State may rely upon both VOC and NO X emissions reductions to meet the RFP requirement for the 2008 ozone NAAQS.
12 83 FR 62998 at 63004, December 6, 2018.
13 74 FR 47414, September 15, 2009.
The SIP Requirements Rule specifies that the baseline emissions inventory for RFP plans shall be the most recent calendar year prior to designation for which a complete triennial inventory is required to be submitted to EPA under the provisions of subpart A of 40 CFR part 51, Air Emissions Reporting Requirements, 40 CFR 51.1 through 50. For areas designated as nonattainment in 2018, the most recent triennial inventory year conducted for the NEI pursuant to the AERR rule is 2017. The rule also allows the use of an alternative RFP baseline year that corresponds with the year of the effective date of an area's designation, i.e., 2018 for areas designated nonattainment in 2018. 14
14 83 FR 62998 at 63005, December 6, 2018, codified at 40 CFR 51.1310(b).
States may not take credit for VOC or NO X reductions occurring from sources outside the nonattainment area for purposes of meeting the 15% RFP requirements of CAA sections 172(c)(2), 182(b)(1), and 182(c)(2)(B). 15
15 40 CFR 51.1310(a)(6).
Except as specifically provided in CAA section 182(b)(1)(C) and (D) and CAA section 182(c)(2)(B), all emission

reductions from SIP-approved or Federally promulgated measures that occur after the baseline emissions inventory year are creditable for purposes of the RFP requirements in this section, provided the reductions meet the requirements for creditability, including the need to be enforceable, permanent, quantifiable, and surplus
ction 182(b)(1)(C) and (D) and CAA section 182(c)(2)(B), all emission

reductions from SIP-approved or Federally promulgated measures that occur after the baseline emissions inventory year are creditable for purposes of the RFP requirements in this section, provided the reductions meet the requirements for creditability, including the need to be enforceable, permanent, quantifiable, and surplus. 16 Further, the Administrator has determined that the four categories of control measures listed in CAA section 182(b)(1)(D) are no longer required to be calculated for exclusion in RFP analyses because due to the passage of time the effect of these exclusions would be de minimis. 17
16 40 CFR 51.1310(a)(5).
17 40 CFR 51.1310(a)(7).
2. Ohio's 15% RFP Plan
Emission Inventories
To demonstrate that the Cleveland area has achieved 15% RFP over the 6-year attainment planning period, Ohio is using a 2017 base year inventory and a 2023 RFP inventory. The procedures Ohio used to develop the 2017 base year inventory are discussed in section I.A., above. When developing the 2023 RFP inventory, Ohio estimated onroad emissions using EPA's MOVES3 model. For the point, nonpoint, and nonroad source categories, Ohio projected 2023 emissions from the 2017 base year inventory as described below.
As with the 2017 base year inventory, point source emissions were divided into two categories, EGU and non-EGU. Ohio derived 2023 projected EGU emissions from the 2017 inventory by evaluating each facility individually. Ohio considered 2017 to 2021 historical emissions along with Eastern Region Technical Advisory Committee (ERTAC) 2023 projections, where available for larger sources, and selected the most reasonable, conservative projection for 2023. Ohio also searched for any new EGUs with reported emissions after 2017 and reviewed recent permitting actions for any title V or synthetic minor facilities that have been permitted but have not yet begun reporting emissions
ility which began operation after 2017. Ohio set 2023 emissions to the most recent available (2021).
Ohio also considered the potential impact that the proposed Transport Federal Implementation Plan (FIP) 18 would have on EGUs in 2023. Ohio determined that the only operating EGU in the Cleveland nonattainment area that would be subject to the FIP is the West Lorain Plant (Facility ID 0247080487). Ohio's assessment of West Lorain's recent operations is that minimal changes in NO X emissions are anticipated as a result of the FIP. Finally, Ohio considered the impact of recent revisions to the NO X RACT rules in the Cleveland nonattainment area, which removed the exemption for EGUs. Ohio has determined that the RACT revisions will have little to no impact on EGU emissions in the Cleveland area.
18 87 FR 20036, April 6, 2022. EPA finalized the transport FIP on June 5, 2023, 88 FR 36654.
Ohio projected 2023 emissions for non-EGUs by determining the annual rate of rate of change from the 2016v2 platform between 2016 and 2023 (by facility) and applying that annual rate of change to the 2017 emissions. Ohio reviewed the 2016v2 platform Technical Support Document to evaluate the methodology used to project 2023 from 2016 and determined it is still appropriate for projections from 2017. Ohio further evaluated the specific projection factors for each of the NAICS categories that comprise 80% of the 2023 projected NO X and VOC emissions in the nonattainment area, along with the resultant emission projections for each facility in those NAICS categories. Ohio does not have any information to suggest that the 2016v2 projection methodology is not appropriate for these sources in Ohio except where the emissions were adjusted as described below. Ohio also searched for any new non-EGUs with reported emissions after 2017 and reviewed recent permitting actions for any Title V or synthetic minor facilities that have been permitted but have not yet begun reporting emissions
any information to suggest that the 2016v2 projection methodology is not appropriate for these sources in Ohio except where the emissions were adjusted as described below. Ohio also searched for any new non-EGUs with reported emissions after 2017 and reviewed recent permitting actions for any Title V or synthetic minor facilities that have been permitted but have not yet begun reporting emissions.
Ohio made the following adjustments to the non-EGU inventory.
• Ohio set 2023 emissions for several sources to zero due to the permanent shut down of the facility or individual units after 2017.
• Ohio added new facilities which began operation after 2017 to the inventory and set 2023 projected emissions to the most recently available emissions (2021).
• An annual rate of change from the 2016v2 platform was not available for two sources, so Ohio used the most recently available emissions estimates (2021).
• Facilities which did not report emissions or reported zero emissions in 2017 but reported emissions since 2017 were added to the inventory. In some cases, the facility may have been idled and later resumed operation. In other cases, the facility may have been operating but was not required to report detailed emissions (including smaller sources such as those without a title V permit). In those cases, the exact base year (2017) emissions are unknown, and Ohio assumed them to be to be zero for conservatism. Ohio set 2023 projected emissions to most recently available emissions (2021).
• Emissions for two additional facilities were adjusted. For the Medical Center Company (Facility ID 1318003059), coal-fired boilers B003 and B004 were permanently shut down in 2017. Therefore, the 2016v2 projection factors which are based on coal use are not appropriate for projection from 2017. Ohio conducted a review of recent emissions and set 2023 emissions to most recently available emissions (2021). For Automated Packaging Systems (Facility ID 1667080055), VOC controls were updated in 2019
1318003059), coal-fired boilers B003 and B004 were permanently shut down in 2017. Therefore, the 2016v2 projection factors which are based on coal use are not appropriate for projection from 2017. Ohio conducted a review of recent emissions and set 2023 emissions to most recently available emissions (2021). For Automated Packaging Systems (Facility ID 1667080055), VOC controls were updated in 2019. Ohio conducted a review of recent emissions and set 2023 emissions to most recently available emissions (2021).
Ohio considered the impact of recent revisions to the NO X RACT rules in the Cleveland nonattainment area. Because NO X RACT has been in place in the Cleveland nonattainment area for many years and the recent rule revisions are expected to yield only minor emissions reductions, Ohio is not adjusting 2023 emissions to account for the recent rule revisions. As any changes would be a decrease in emissions, not quantifying

them in this inventory results in a conservative estimate of future year emissions.
Ohio collected 2023 projected emissions for nonpoint sources from the 2023fj projection of the 2016v2 emissions modeling platform. These files provided annual data which Ohio converted to ozone season day emissions using the conversion factors described in section II.A.2. of this preamble. Ohio determined it is appropriate to use the 2023 projections from the 2016v2 emissions modeling platform for the nonpoint sector because emissions for most portions of the nonpoint sector started with 2017 NEI emissions and were adjusted (backcasted) to better represent the year 2016. Therefore, the foundation of the 2023 projections in the 2016v2 inventory is 2017 data and it is appropriate for use in this inventory. There are two exceptions to the 2017 foundation for the nonpoint sector of the 2016v2 platform: solvents and rail
e emissions for most portions of the nonpoint sector started with 2017 NEI emissions and were adjusted (backcasted) to better represent the year 2016. Therefore, the foundation of the 2023 projections in the 2016v2 inventory is 2017 data and it is appropriate for use in this inventory. There are two exceptions to the 2017 foundation for the nonpoint sector of the 2016v2 platform: solvents and rail. As discussed in Ohio's submittal, Ohio has examined the base year emissions and projections for these categories and determined that using the 2016v2-based 2023 projections is reasonable and conservative.
Ohio calculated 2023 projected emissions for nonroad sources by determining the annual rate of change from the 2016v2 platform between 2016 and 2023 and applying that annual rate of change to the 2017 emissions. Ohio determined it was appropriate to apply the annual rate of change determined from the 2016v2 platform because the nonroad emissions in the Cleveland nonattainment area in the 2016v2 and 2017gb inventories are very similar and the methodology used to project 2023 from 2016 would still be appropriate for projections from 2017.
2023 onroad emissions were developed by the NOACA, AMATS, and ODOT, in consultation with Ohio EPA and EPA, from emission factors produced by MOVES3 and data produced by the region's updated travel-demand model.
Biogenic emissions are not included in the RFP inventory in accordance with EPA's “May 2017 Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations.”
2023 ozone season day emissions of NO X and VOCs for each county by sector are shown in tables 3 and 4, below
gion's updated travel-demand model.
Biogenic emissions are not included in the RFP inventory in accordance with EPA's “May 2017 Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations.”
2023 ozone season day emissions of NO X and VOCs for each county by sector are shown in tables 3 and 4, below.
Table 3—Cleveland NO X Emissions for 2023 [tpd] County EGU Non-EGU Nonpoint Onroad Nonroad Total Cuyahoga 0.00 7.03 6.80 13.96 8.58 36.37 Geauga 0.00 0.02 0.27 1.25 1.24 2.78 Lake 0.05 1.94 2.59 2.54 3.08 10.20 Lorain 0.62 1.03 2.64 3.12 2.94 10.35 Medina 0.01 0.24 0.90 2.47 1.38 5.00 Portage 0.00 0.30 1.73 1.80 1.70 5.53 Summit 0.02 0.71 2.53 5.92 2.89 12.07 Total 0.69 11.26 17.47 31.06 21.81 82.29 Table 4—Cleveland VOC Emissions for 2023 [tpd] County EGU Non-EGU Nonpoint Onroad Nonroad Total Cuyahoga 0.00 3.30 41.11 8.12 10.13 62.66 Geauga 0.00 0.12 3.75 0.73 1.99 6.59 Lake 0.00 0.97 8.49 1.60 2.94 14.00 Lorain 0.11 0.82 8.89 2.01 3.21 15.04 Medina 0.00 0.43 7.48 1.54 1.56 11.01 Portage 0.00 1.29 7.02 1.39 3.56 13.26 Summit 0.03 0.89 18.37 4.28 4.03 27.60 Total 0.14 7.81 95.12 19.67 27.42 150.16 15% RFP Demonstration
Ohio demonstrated that the Cleveland area has achieved 15% RFP over the 6-year attainment planning period entirely through NO X and/or VOC emissions reductions in the onroad sector attributable to EPA's existing Federal regulations for onroad mobile sources. EPA mobile source regulations currently being implemented across the country include: passenger vehicle, SUV, and light duty truck emissions and fuel standards; light-duty truck and medium-duty passenger vehicle evaporative standards; heavy-duty highway compression engine standards; heavy-duty spark ignition engine standards; motorcycle emission standards; Mobile Source Air Toxics fuel formulation standards, passenger vehicle emission standards, and portable container emission standards
rules in OAC Chapter 3745-112. This rule was approved into the SIP effective August 9, 2023. 20 Ohio did not rely on these reductions for the RFP demonstration as they are difficult to accurately quantify.
20 88 FR 43440, July 10, 2023.
3. Evaluation of Ohio's 15% RFP Plan
EPA has reviewed Ohio's 15% RFP plan for consistency with sections 172(c)(2) and 182(b)(1) of the CAA and 40 CFR 51.1310. The selection of 2017 as the base year comports with the RFP baseline year requirements set forth in the SIP Requirements Rule and codified at 40 CFR 51.1310(b). EPA has reviewed the techniques used by Ohio to derive and quality assure the 2017 and 2023 emission estimates. Ohio documented the procedures used to estimate the emissions for each of the major source types. The documentation of the emission estimation procedures is thorough and adequate to determine that Ohio followed acceptable procedures to estimate the emissions. Ohio has demonstrated that emission reductions attributable to Federal onroad regulations are permanent and enforceable and will result in at least 15% RFP in the Cleveland area over the 6-year attainment planning period beginning with the 2017 base year. Thus, EPA is proposing to approve Ohio's 15% RFP plan for the Cleveland area for the 2015 ozone NAAQS.
C. Motor Vehicle Emission Budgets
1. Background
Under section 176(c) of the CAA, transportation plans, programs, or projects that receive Federal funding or support, such as the construction of new highways, must “conform” to ( i.e., be consistent with) the SIP before they receive Federal funding or approval. Conformity to the SIP means that transportation activities will not cause or contribute to any new air quality violations, increase the frequency or severity of any existing air quality problems, or delay timely attainment or any required interim emissions reductions or any other milestones
ways, must “conform” to ( i.e., be consistent with) the SIP before they receive Federal funding or approval. Conformity to the SIP means that transportation activities will not cause or contribute to any new air quality violations, increase the frequency or severity of any existing air quality problems, or delay timely attainment or any required interim emissions reductions or any other milestones. Regulations at 40 CFR part 93 subpart A set forth EPA policy, criteria, and procedures for demonstrating and ensuring conformity of transportation activities to a SIP.
Transportation conformity is a requirement for nonattainment and maintenance areas, as defined in 40 CFR 93.101. The budget in a State's SIP serves as a ceiling on emissions from an area's planned transportation system (see definition of “motor vehicle emissions budget” in 40 CFR 93.101 and how the term is used in 40 CFR 93.109 and 93.118).
When reviewing submitted SIPs containing budgets, EPA reviews the budgets for adequacy. Once EPA affirmatively finds the submitted budget is adequate for transportation conformity purposes, that budget must be used by State and Federal agencies in determining whether proposed transportation projects conform to the SIP as required by section 176(c) of the CAA.
EPA's substantive criteria for determining adequacy of a budget are set out in 40 CFR 93.118(e)(4). The process for determining adequacy is found in 40 CFR 93.118(f) and consists of three basic steps: public notification of a SIP submission, a public comment period, and EPA's adequacy finding. The regulations that allow EPA to begin an adequacy review through an NPRM in the Federal Register are found in 40 CFR 93.118(f)(2). This proposal notifies the public that EPA has received a SIP submission with budgets that EPA will review for adequacy and begins the public comment period. Comments must be submitted to the docket for this proposal by the close of the comment period on this proposal.
2
Ohio's 2023 budgets. The budgets, agreed upon as part of the interagency consultation process, include the emission estimates calculated for 2023 with an additional 15% safety margin allocated to those estimates to accommodate future variations in travel demand models and VMT forecast. A State can add a safety margin to a budget based on the transportation conformity regulation at 40 CFR 93.124(a).
Table 8—Budgets for the Cleveland OH 2015 Ozone Nonattainment Area [tpd] 2023 estimated emissions 2023 mobile safety margin allocation 2023 total mobile budget NO X (tpd) 31.06 4.66 35.71 VOC (tpd) 19.67 2.95 22.62 3. Evaluation of the VOC and NO X Budgets for the Cleveland Area
The VOC and NO X budgets for the Cleveland area were developed as part of an interagency consultation process which includes Federal, State, and local agencies. The budgets were clearly identified and precisely quantified. Ohio has demonstrated that the Cleveland area can meet the 15% RFP requirement with mobile source emissions of 35.71 tpd of NOx and 22.62 tpd of VOC in 2023 because, as shown in Table 6, despite partial allocation of the RFP plan surplus reductions, emissions will remain under 2023 RFP target levels. EPA is thus proposing to approve the 2023 VOC and NO X budgets for use in determining transportation conformity in the Cleveland area under the 2015 ozone NAAQS.
D. Motor Vehicle Inspection and Maintenance (I/M) Program
1. Background
CAA section 182(b)(4) requires States with ozone nonattainment areas classified as Moderate to implement a Basic motor vehicle I/M program. The goal of I/M programs is to identify and repair high-emitting vehicles to improve air quality in areas that are not attaining the NAAQS. 21 The CAA generally requires I/M programs for areas across the country that meet certain criteria, such as air quality status, population, and/or geographic location. The CAA also directed EPA to establish minimum performance standards for Basic and Enhanced I/M programs
I/M programs is to identify and repair high-emitting vehicles to improve air quality in areas that are not attaining the NAAQS. 21 The CAA generally requires I/M programs for areas across the country that meet certain criteria, such as air quality status, population, and/or geographic location. The CAA also directed EPA to establish minimum performance standards for Basic and Enhanced I/M programs. States have flexibility to design their own programs if they can show that their program is as effective as the model program used in the respective performance standard. EPA's requirements for Basic and Enhanced I/M programs are found in 40 CFR part 51, subpart S.
21 For more information, see Overview of Vehicle Inspection and Maintenance (I/M) Programs (EPA-420-F-21-067, October 2021) at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1013CC0.pdf.
The Cleveland area was required to adopt a Basic I/M program under the 1-hour ozone NAAQS. EPA fully approved Ohio's I/M program on April 4, 1995, 60 FR 16989, and approved revisions to the program on January 6, 1997, 62 FR 646.
2. Ohio's I/M Certification
Consistent with the I/M regulations, a State with an existing I/M program would need to conduct and submit a performance standard modeling analysis as well as make any necessary program revisions as part of their Moderate area SIP submission to ensure that their I/M program is operating at or above the Basic I/M performance standard level for the 2015 ozone NAAQS. When certifying that an existing I/M program meets applicable I/M requirements for a new NAAQS, it is necessary that the State ensures that an I/M program reflects the I/M rule's required elements for a Basic or Enhanced I/M program and the applicable classification for the new ozone NAAQS
rogram VOC emission rate I/M VOC performance standard benchmark I/M VOC performance standard benchmark plus buffer Does existing program meet I/M performance standard? VOC 0.2442 0.2444 0.2644 Yes. NO X 0.1502 0.1504 0.1704 Yes. As shown in table 9, the emission reductions from Ohio's actual I/M program shows Ohio's program performs better than the Enhanced performance standard of 40 CFR 51.351(i). Ohio conducted the performance modeling analysis using the most recent version of EPA's mobile source emissions model, MOVES3.0.2, in accordance with EPA's October 2022 Performance Modeling Guidance. Therefore, since Ohio's current I/M program meets the applicable I/M performance requirements in all areas in which the program is implemented and also meets the Basic I/M requirements of CAA section 182(b)(4), we are proposing to approve Ohio's I/M program SIP element for the Cleveland Moderate nonattainment area under the 2015 ozone NAAQS.
E. NNSR Review
1. Background
NNSR is a preconstruction review permit program that applies to new major stationary sources or major modifications at existing sources within a nonattainment area and is required under CAA sections 172(c)(5) and 173. NNSR permit program requirements were adopted for the 2015 ozone NAAQS at 40 CFR 51.1314 as part of the 2015 SIP Requirements Rule. The minimum SIP requirements for NNSR permitting programs for the 2015 ozone NAAQS are contained in 40 CFR 51.165
ii)-(iv); and (9) require public participation procedures compliant with 40 CFR 51.165(i).
2. Ohio's NNSR Certification
Ohio EPA is certifying that the existing NNSR program meets the NNSR requirements of CAA section

182(a)(2)(C) and (b)(5) for the Cleveland area under the 2015 ozone NAAQS. Ohio has a longstanding and fully implemented NNSR program. This is addressed in OAC Chapter 3745-31. The Chapter includes provisions for the Prevention of Significant Deterioration (PSD) permitting program in OAC rules 3745-31-01 to 3745-31-20 and NNSR program in rules 3745-31-21 to 3745-31-27. Ohio's PSD program was conditionally approved on October 10, 2001, 66 FR 51570, and received final approval on January 22, 2003, 68 FR 2909. Ohio's NNSR program was granted limited approval on September 8, 1993, 58 FR 47211, and received final approval on January 10, 2003, 68 FR 1366. On February 25, 2010, 75 FR 8496, EPA approved revisions to Ohio's PSD and NNSR rules which were adopted to implement revisions to the Federal PSD and NNSR regulations in 40 CFR parts 51 and 52, which became effective on March 3, 2003, 25 commonly referred to as “NSR Reform” regulations.
25 67 FR 80186 (December 31, 2002).
Additionally, Ohio is certifying that the emission offset ratios established in OAC rule 3745-31-26 are consistent with the emission offset ratio requirements established in the CAA based on ozone nonattainment classifications. Specifically, Ohio rule 3745-31-26 establishes an offset ratio of 1.15 to 1 for moderate areas, as required by CAA section 182(b)(5).
3. Evaluation of Ohio's NNSR Certification
Table 10 below provides the sections of Ohio's NNSR rule corresponding to the relevant requirements at 40 CFR 51.165. Each requirement identified in Ohio's certification has not been revised since EPA last approved it
. Specifically, Ohio rule 3745-31-26 establishes an offset ratio of 1.15 to 1 for moderate areas, as required by CAA section 182(b)(5).
3. Evaluation of Ohio's NNSR Certification
Table 10 below provides the sections of Ohio's NNSR rule corresponding to the relevant requirements at 40 CFR 51.165. Each requirement identified in Ohio's certification has not been revised since EPA last approved it. Table 9 lists the specific provisions of Ohio's NNSR rules that address the required elements of the Federal NNSR rules:
Table 10—NNSR SIP Rules Comparison Federal rule Ohio rule 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) R. 3745-31-01(M)(5)(a)(i), (ii), (iii), (iv). 40 CFR 51.165(a)(1)(iv)(A)(2)(i)-(vi) 3745-31-01(M)(5)(a) and (c). 40 CFR 51.165(a)(1)(iv)(A)(3) R. 3745-31-01(M)(5)(e). 40 CFR 51.165 (a)(1)(iv)(B) R. 3745-31-01(M)(5)(c). 40 CFR 51.165(a)(1)(v)(B) R. 3745-31-01(M)(3)(b). 40 CFR 51.165 (a)(1)(v)(E) R. 3745-31-01(M)(3)(b). 40 CFR 51.165(a)(1)(v)(F) N/A. 40 CFR 51.165(a)(1)(x)(A) R. 3745-31-01(S)(5). 40 CFR 51.165(a)(1)(x)(B) N/A (applicable to areas classified as Serious or Severe) . 40 CFR 51.165(a)(1)(x)(C) R. 3745-31-01(S)(5) (only for 40 tpy threshold, which addresses areas classified as moderate) . 40 CFR 51.165(a)(1)(x)(E) N/A (applicable to areas classified as extreme) . 40 CFR 51.165 (a)(1)(xxxvii)(C)(1) R. 3745-31-01(R)(5)(a)(iii)(a). 40 CFR 51.165(a)(3)(ii)(C)(1)(i)-(ii) R. 3745-31-24(F)(1)(a), (b). 40 CFR 51.165(a)(3)(ii)(C)(2)(i)-(ii) R. 3745-31-24(F)(2). 40 CFR 51.165(a)(8) 26 R. 3745-31-01(M)(5)(a), (c) R. 3745-31-01(S)(5). 40 CFR 51.165(a)(9)(ii)(A)-(E) R. 3745-31-26(C)(2), (3), (4), (5), (6). 40 CFR 51.165(a)(9)(iii) N/A. 40 CFR 51.165(a)(9)(iv) R. 3745-31-26(C)(1). 40 CFR 51.165(a)(12) N/A (Ohio has no nonattainment areas for the 2008 ozone NAAQS)
data for a 5-kilometer radius around the two violating ozone monitors, Eastlake monitor (39-085-003) in Lake County and District 6 monitor (39-035-0034) in Cuyahoga County.
Consistent with EPA's September 2019 EJScreen Technical Documentation, 27 Ohio EPA is using the criterion of one or more EJ indexes at or above the 80th percentile nationally to screen for potentially overburdened communities. The countywide screenings showed no EJ indexes above the 80th percentile in Geauga, Medina, and Lake Counties; one EJ index above the 80th percentile in Loraine, Portage, and Summit Counties (EJ Index for Wastewater Discharge), and two EJ indexes above the 80th percentile in Cuyahoga County (EJ Indexes for Wastewater Discharge and Hazardous Waste Proximity). The results of the evaluation of the areas in a 5-kilometer radius around the two violating monitors helped to identify a potentially overburdened community on a more local scale. While the radius around the Eastlake monitor did not show any indicators of being in a potentially overburdened area, the area around the second monitor, District 6, did. The EJ screening of the area around District 6 showed the area to be in the 71st or higher percentile in every EJ index category, with seven EJ indexes above the 80th percentile. The area also ranks above the national average in every socioeconomic indicator.
27 https://www.epa.gov/sites/default/files/2017-09/documents/2017_ejscreen_technical_document.pdf.
While Ohio's screening process identified potentially overburdened communities in the Cleveland nonattainment area, ozone is a regional pollutant. Elevated levels of ambient ozone are the result of secondary urban scale atmospheric formation involving emissions from ubiquitous sources of ozone precursors (VOC and NO X ) including motor vehicles, large and small industrial processes, and consumer products which result in more regional scale impacts further down wind
ry. In reviewing Ohio EPA's analysis, EPA defers to the Ohio EPA's reasonable exercise of its discretion in considering EJ in this way. EPA is taking proposed action to approve the SIP revision because we find that it meets the applicable requirements pursuant to the CAA and relevant implementing regulations. EPA also finds that Ohio EPA's consideration of EJ analyses in this context is reasonable. EPA encourages air agencies generally to evaluate EJ considerations of their actions and carefully consider impacts to communities. The EJ analyses submitted by the air agency were considered but were not the basis for EPA's decision making and the SIP met the minimum applicable requirements, as explained above.
IV. Proposed Action
EPA is proposing to approve revisions to Ohio's SIP pursuant to section 110 and part D of the CAA and EPA's regulations, because Ohio's December 21, 2022, attainment plan submission satisfies the base year emissions inventory, the RFP demonstration including associated motor vehicle emissions budgets, I/M, and NNSR requirements of the CAA for the Cleveland area for the 2015 ozone NAAQS. EPA is also initiating the adequacy process for the 2023 motor vehicle emissions budgets for the Cleveland area included in this SIP submission.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law
001); and
• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA.
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, February 16, 1994) directs Federal agencies to identify and address “disproportionately high and adverse human health or environmental effects” of their actions on communities with EJ concerns to the greatest extent practicable and permitted by law. Executive Order 14096 (Revitalizing Our Nation's Commitment to Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on and supplements E.O. 12898 and defines EJ as, among other things, the just treatment and meaningful involvement of all people, regardless of income, race, color, national origin, Tribal affiliation, or disability in agency decision-making and other Federal activities that affect human health and the environment.
The Ohio EPA evaluated EJ considerations as part of its SIP submittal given that the CAA and applicable implementing regulations neither prohibit nor require an evaluation. EPA's evaluation of the Ohio EPA's EJ considerations is described in section III of this preamble titled, “Environmental Justice Considerations.” The analysis was done for the purpose of providing additional context and information about this rulemaking to the public, not as a basis of the action. EPA is taking action under the CAA on bases independent of the Ohio EPA's evaluation of EJ
valuation. EPA's evaluation of the Ohio EPA's EJ considerations is described in section III of this preamble titled, “Environmental Justice Considerations.” The analysis was done for the purpose of providing additional context and information about this rulemaking to the public, not as a basis of the action. EPA is taking action under the CAA on bases independent of the Ohio EPA's evaluation of EJ. Due to the nature of the action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. In addition, there is no information in the record upon which this decision is based that is inconsistent with the stated goal of E.O. 12898/14096 of achieving EJ for communities with EJ concerns.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: December 19, 2024. Debra Shore, Regional Administrator, Region 5.

[FR Doc. 2024-30717 Filed 1-2-25; 8:45 am] BILLING CODE 6560-50-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2024-30717. Check the current official text before relying on it. Not legal advice.