[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Rules and Regulations]
[Pages 22289-22296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10972]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[OH54-1-6164a; FRL-5201-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: USEPA is approving, through ``direct final'' procedure, a 
redesignation request and maintenance plan for the Dayton-Springfield, 
Ohio area as a revision to Ohio's State Implementation Plan (SIP) for 
ozone. The revision is based on a request from the State of Ohio to 
redesignate Montgomery, Greene, Clark, and Miami Counties from 
nonattainment to attainment for ozone, and to approve the maintenance 
plan for the area. The State has met the requirements for redesignation 
contained in the Clean Air Act (CAA), as amended in 1990. The 
redesignation request is based on ambient monitoring data that show no 
violations of the ozone National Ambient Air Quality Standard (NAAQS) 
during the three-year period from 1990 through 1992. In the proposed 
rules section of this Federal Register, USEPA is proposing approval of 
this requested redesignation and SIP revision, and is now soliciting 
public comments on this action. If adverse comments are received on 
this direct final rule, USEPA will withdraw this final rule and address 
these comments in a subsequent final rule based on the proposed rule.

DATES: This final rule is effective July 5, 1995 unless adverse or 
critical comments are received by June 5, 1995. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Copies of the SIP revision request and USEPA's analysis are 
available for inspection at the following address: (It is recommended 
that you telephone Angela Lee at (312) 353-5142 before visiting the 
Region 5 Office.) United States Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Written comments can be mailed to: William MacDowell, Chief, 
Regulation Development Section, Air Enforcement Branch (AE-17J), United 
States Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT: Angela Lee, Regulation Development 
Section, Air Enforcement Branch (AE-17J), United States Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-5142.

SUPPLEMENTARY INFORMATION: On November 8, 1993, Ohio submitted a 
redesignation request and section 175A maintenance plan for Montgomery, 
Greene, Miami, and Clark Counties. The USEPA reviewed these submittals 
against the redesignation criteria set forth by section 107(d)(3)(E) of 
the Act, which are discussed in a September 4, 1992, memorandum from 
John Calcagni, Director of the Air Quality Management Division, Office 
of Air Quality Planning and Standards, to Directors of Regional Air 
Divisions, entitled, ``Procedures for Processing Requests to 
Redesignate Areas to Attainment'' (Calcagni Memorandum). A second 
memorandum dated September 17, 1993, signed by Michael Shapiro, Acting 
Assistant Administrator for Air and Radiation, entitled, ``State 
Implementation Plan (SIP) Requirements for Areas Submitting Requests 
for Redesignation to Attainment of the Ozone and Carbon Monoxide NAAQS 
on or after November 15, 1992'' was also used to evaluate Ohio's 
request. An analysis of these submittals is contained in a Technical 
Support Document (TSD), dated January 17, 1995.

I. Background

    The 1977 Act required areas that were designated nonattainment 
based on a failure to meet the ozone NAAQS, to develop SIPs with 
sufficient control measures to expeditiously attain and maintain the 
standard. For Ohio, Montgomery, Greene, Miami and Clark Counties were 
designated nonattainment for ozone, see 43 FR 8962 (March 3, 1978), 43 
FR 45993 (October 5, 1978), and 40 CFR part 81.
    After enactment of the amended Act on November 15, 1990, the 
nonattainment designation of the Dayton-Springfield area continued by 
operation of law according to section 107(d)(1)(C)(i) of the Act; 
furthermore, it was classified by operation of law as moderate for 
ozone pursuant to section 181(a)(1) (56 FR 56694, November 6, 1991), 
codified at 40 CFR 81.336.
    More recently, ambient monitoring data show no violations of the 
ozone NAAQS in the Dayton-Springfield area during the period from 1990 
through 1992. Therefore, the area became eligible for redesignation 
from nonattainment to attainment consistent with the amended Act. To 
ensure continued attainment of the ozone standard, Ohio submitted an 
ozone maintenance SIP for the Dayton Springfield area to USEPA on 
November 8, 1993. On November 8, 1993 Ohio requested redesignation of 
the area to attainment with respect to the ozone NAAQS. On December 20, 
1993, Ohio held a public hearing on the maintenance plan and 
redesignation request.

II. Evaluation Criteria

    The 1990 Amendments revised section 107(d)(3)(E) to provide five 
specific requirements that an area must [[Page 22290]] meet in order to 
be redesignated from nonattainment to attainment.
    1. The area must have attained the applicable NAAQS.
    2. The area has meet all relevant requirements under section 110 
and part D of the Act.
    3. The area has a fully approved SIP under section 110(d) of the 
Act.
    4. The air quality improvement must be permanent and enforceable.
    5. The area must have a fully approved maintenance plan pursuant to 
section 175A of the Act.
    Each of these requirements are addressed below.
    A. Section 107(d)(3)(E)(i). The Administrator determines that the 
area has attained the National Ambient Air Quality Standard (NAAQS). 
For ozone, an area is considered in attainment of the NAAQS if there 
are no violations, as determined in accordance with 40 CFR 50.9, based 
on quality assured monitoring data for three complete, consecutive 
calendar years. A violation of the NAAQS occurs when the annual average 
number of expected exceedances is greater than 1.0 at any site in the 
area at issue. An exceedance occurs when the maximum hourly ozone 
concentration exceeds 0.124 ppm. The data should be collected and 
quality-assured in accordance with 40 CFR Part 58, and recorded in the 
Aerometric Information Retrieval System (AIRS) in order for it to be 
available to the public for review.
    Ohio submitted ozone monitoring data recorded in the Dayton-
Springfield area during the years 1983 through June, 1993. The ozone 
monitoring network consists of five monitors. Two are located in Clark 
County, one in Montgomery County, and the other in Preble County. Two 
slight exceedances of the ozone standard have been monitored since 
1989. One exceedance of 0.125 ppm occurred in 1993 at the Timberlane 
monitor in Montgomery County. The other exceedance which occurred at 
the Urbana Road monitor (Clark County) in 1994 also measured 0.125 ppm. 
Data stored in AIRS was used to determine the annual average expected 
exceedances for the years 1990, 1991, 1992, 1993, and 1994. Data 
contained in AIRS have undergone quality assurance review by the State 
and USEPA. Since the annual average number of expected exceedances for 
each monitor during the most recent three years are less than 1.0, the 
Dayton-Springfield area is considered to have attained the standard.
    B. Section 107(d)(3)(iii). The Administrator determines that the 
improvement in air quality is due to permanent and enforceable 
measures. The State must be able to reasonably attribute the 
improvement in air quality to emission reductions which are permanent 
and enforceable. To satisfy this requirement, Ohio estimated emission 
reductions from a nonattainment year (1988) to an attainment year 
(1990). Ohio submitted documentation which showed that in 1990 VOC 
emissions dropped almost ten percent from 1988 levels.
    Most of the emission reductions which occurred over this time 
period resulted from federally mandated controls on the volatility of 
gasoline1 and air pollution controls installed on new automobiles 
through the Federal Motor Vehicle Emissions Control Program (FMVCP). 
These controls reduced mobile source emissions by about 32 tons per day 
(tpd). Since these reductions result from federally mandated controls, 
the USEPA considers these reductions to be permanent and enforceable.

    \1\The Reid Vapor Pressure changed from 11.5 psi in 1988 to 10.5 
psi in 1990.
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    Stationary source shutdowns accounted for a decrease of 3.2 tpd in 
actual VOC emissions between 1988 and 1990. A 2.7 tpd increase in 
actual stationary source VOC emissions was estimated from permits to 
install (PTIs) issued in the area between 1988 and 1990. Since the 
operating permits for the shut down stationary sources have been 
revoked, and have been documented in the redesignation request, the 
USEPA considers the emission reductions to be permanent and 
enforceable. Overall, stationary source VOC emissions declined 0.5 tpd 
between 1988 and 1990.
    Ohio used economic indicators to show that the area was not 
experiencing an economic downturn during this time period. Bureau of 
Economic Analysis (BEA) projections for manufacturing earnings from 
1988 to 1995 indicate an annual growth rate of one percent for all 
Standard Industrial Classification (SIC) codes. BEA regional 
projections of population, personal income and earnings, and employment 
by place of work from 1973 to 1988 and from 1995 to 2040 increase from 
1988 levels to 1995.
    Ohio's demonstration that the improvement in air quality was due to 
permanent and enforceable reductions meets the requirements set forth 
in the Calcagni Memorandum.
    C. The Area must have a fully approved maintenance plan meeting the 
requirements of Section 175A. Section 175A of the CAA sets forth the 
elements of a maintenance plan for areas seeking redesignation from 
nonattainment to attainment. The maintenance plan is a SIP revision 
which provides for maintenance of the relevant NAAQS in the area for at 
least 10 years after redesignation. The Calcagni Memorandum provides 
further guidance on the required content of a maintenance plan.
    An ozone maintenance plan should address the following five areas: 
The attainment inventory, maintenance demonstration, monitoring 
network, verification of continued attainment and a contingency plan. 
The attainment emissions inventory identifies the emissions level in 
the area which is sufficient to attain the ozone NAAQS, and includes 
emissions during the time period which had no monitored violations. 
Maintenance is demonstrated by showing that future emissions will not 
exceed the level established by the attainment inventory. Provisions 
for continued operation of an appropriate air quality monitoring 
network are to be included in the maintenance plan. The State must show 
how it will track and verify the progress of the maintenance plan. 
Finally, the maintenance plan must include contingency measures which 
ensure prompt correction of any violation of the ozone standard.

1. Attainment Inventory

    The State has developed an adequate attainment emission inventory 
for 1990 that identifies the level of emissions in the Dayton-
Springfield area sufficient to attain the ozone NAAQS. The 1990 
attainment inventory was based on comprehensive inventories of VOC and 
NOX emissions from area, stationary, and mobile sources for 1990. 
The 1990 base year emission inventory represents 1990 average summer 
day actual emissions for the Dayton-Springfield area, and was prepared 
in accordance with USEPA guidance. USEPA's TSD prepared for the 1990 
base year emission inventory SIP revision contains a detailed analysis 
of this inventory. This inventory was approved as satisfying the 
requirements of section 182(a)(1) for an emissions inventory on March 
22, 1995 (60 FR 15053).

2. Maintenance Demonstration

    To demonstrate continued attainment, Ohio projected point, area, 
and mobile source VOC and NOX emissions from the year 1990 to the 
year 2005. The projections incorporate reductions from existing 
controls, the enhanced vehicle inspection and maintenance I/M program 
(enhanced I/M) and Stage II vapor recovery program (Stage II). The 
Stage II Vapor Recovery program is currently being implemented in the 
Dayton-Springfield area. The enhanced [[Page 22291]] I/M program is 
expected to be operational in 1996. The emissions reductions from Stage 
II and enhanced I/M offset emissions increases during the maintenance 
period. The projections also provide for a growth cushion for existing 
and new industrial sources. These projections show that the level of 
emissions established by the attainment inventory will not be exceeded 
during the maintenance period 1990-2005. Table 1 lists the emissions 
for the years 1990, 1996, 2000, and 2005. All emissions were converted 
to tons per day for a typical summer day.
    Area source emissions were projected using population as a growth 
indicator for all area source subcategories. This method is acceptable 
since the recommended growth factors for the four largest area source 
subcategories in terms of emissions in the Dayton-Springfield area are 
less than the population growth factor. The recommended growth factors 
for area source subcategories are listed in Table III.3 of USEPA's 
guidance document entitled ``Procedures for Preparing Emissions 
Projections'', dated July 1991. Projections of total population for the 
period 1990 to 2005 were obtained using data from the Ohio Data User's 
Center and population patterns. This data yields a growth rate of less 
than one percent. A one percent annual growth rate was used because of 
expected residential growth in Greene and Miami Counties, and because 
point source growth by SIC has been forecast by the Ohio Environmental 
Protection Agency (OEPA) to be about one percent per year for any 
category.
    Ohio projected point source emissions by estimating changes in 
emissions expected from source shutdowns, growth from new sources and 
potential growth from existing sources. Historical data for point 
source growth from 1988 to 1992 indicate that PTIs averaged about 700 
tons per year (tpy). Shutdowns from 1988 to 1992 accounted for a 
reduction of 300 tons per year of actual emissions. Based on this 
information, Ohio added 400 tons of VOC emissions to each year out to 
the year 2005 to account for new, non-offset source growth. Existing 
companies were assumed to expand their actual emissions to permitted 
levels. The difference between actual and allowable emissions is 3250 
tons. This was spread equally, areawide, over the 15 year period from 
1990 to 2005. Ohio accounted for known changes to sources for each year 
between 1990 and 2005 and applied a growth factor based on 
manufacturing employment data provided by the Bureau of Economic 
Analysis (BEA), United States Department of Commerce, to derive 
inventories for all ensuing years. (BEA manufacturing employment growth 
for the aggregate of source categories is one percent.) To account for 
growth of existing sources, Ohio added 217 TPY each year to the total 
emissions from the previous year.
    Mobile source emissions were projected by forecasting vehicle miles 
travelled (VMT) from the year 1990 to the year 2005. A 1.28 percent per 
year VMT growth rate was used for the four county area. This growth 
rate was determined by considering the future highway network, 
forecasts of socio-economic data, and 1990 Highway Performance Modeling 
System (HPMS) data. Stage II and enhanced I/M were accounted for in the 
MOBILE5a program which was used to determine the emission factors for 
the Dayton-Springfield area. Mobile source emissions for the year 2005 
were produced by multiplying MOBILE5a VOC and NOX emission factors 
by the projected average weekday VMT for each county.

                   Table 1.--Maintenance Demonstration                  
------------------------------------------------------------------------
             Source category               1990    1996    2000    2005 
------------------------------------------------------------------------
                      VOC Emissions (tons per day)                      
                                                                        
------------------------------------------------------------------------
Point...................................    37.4    61.6    77.7    97.4
Biogenic................................   105.2   105.2   105.2   105.2
Area....................................    54.9    58.3    60.6    64.4
Mobile (on-road)........................   103.6    45.5    39.4    31.7
                                         -------------------------------
      Total.............................   301.1   270.6   282.9   298.7
                                                                        
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                      NOX Emissions (tons per day)                      
                                                                        
------------------------------------------------------------------------
Point...................................    32.2    34.4    36.0    38.2
Area....................................    36.5    38.5    39.9    41.7
Mobile (on-road)........................    60.9    42.7    41.2    39.4
                                         -------------------------------
      Total.............................   129.6   115.6   117.1   119.3
------------------------------------------------------------------------

3. Maintenance Measures

    Ohio chose to implement Stage II and enhanced I/M in the Dayton-
Springfield area as maintenance measures. The Ohio Stage II rule 
requires owners and operators of gasoline dispensing facilities that 
dispense greater than 10,000 gallons of fuel per month (50,000 gallons 
per month in the case of an independent small business marketer) to 
install and operate gasoline vehicle refueling vapor recovery systems. 
Vapor recovery systems control the release of VOC, benzene, and toxics 
emitted during the refueling process. Enhanced I/M will be implemented 
in Green, Montgomery and Clark Counties (Miami County is excluded 
because its population is less than 100,000). Ohio's emissions 
projections show that the Stage II rule and enhanced I/M requirements 
provide the necessary VOC emissions reductions to offset desired new 
source growth and allow for maintenance of the ozone NAAQS.
    The Stage II and enhanced I/M SIP revisions must be fully approved 
before USEPA can consider the maintenance plan to be fully approved. On 
October 20, 1994, the USEPA partially approved and partially 
disapproved Ohio's SIP revision for implementation of the Stage II 
program (58 FR 52911). As stated in that rulemaking action, with the 
exception of paragraph 3745-21-09 (DDD)(5), USEPA considers Ohio's 
Stage II program to fully satisfy the criteria set forth in the USEPA 
guidance document for such programs entitled ``Enforcement Guidance for 
Stage II Vehicle Refueling Control Programs.'' Only those Stage II 
provisions previously approved by USEPA are part of the Dayton-
Springfield maintenance plan. Ohio's I/M SIP revision, which allows an 
area to opt into enhanced I/M, was approved on April 4, 1995 (60 FR 
16989). (The approval of the redesignation is contingent upon the 
approval of the I/M SIP revision. Consequently, should the direct final 
notice approving the I/M SIP Revision be withdrawn as a result of 
adverse comment, this direct final notice approving the redesignation 
will also be withdrawn and final action will be taken on the 
redesignation at a later date.)
    All existing VOC RACT controls required in the ozone SIP for the 
Dayton-Springfield area and new RACT controls incorporated in the VOC 
RACT SIP revision approved on March 23, 1995, remain in effect after 
redesignation of the region to attainment.

4. Tracking Maintenance

    The OEPA and Regional Air Pollution Control Agency (RAPCA) will 
regularly monitor ozone air quality. In the redesignation request, 
RAPCA committed to continue operating and maintaining the five existing 
ozone monitors consistent with the requirements of Federal and State 
monitoring guidelines. Backup monitoring equipment will also be 
maintained.
    The OEPA and RAPCA will develop comprehensive mobile, point, and 
area emissions inventories every 3 years beginning with the year 1993. 
Updates will be provided for intervening years. [[Page 22292]] The 
point source inventory will be updated annually with facility and 
permit data. The area source inventory will be updated using new data 
and estimation procedures. The mobile source inventory will be updated 
to incorporate new VMT estimates and revised USEPA mobile emissions 
models. OEPA will submit annual progress reports to USEPA which 
summarize available VOC emissions data.

5. Emission Budgets

    The mobile source emissions budgets for purposes of determining the 
conformity status of transportation plans and transportation 
improvement plans in the Dayton-Springfield maintenance area are 31.7 
tons VOC/day and 39.4 tons NOX/day. Ohio obtained this emissions 
budget by calculating emissions for each county. The emissions budget 
for Clark County is 7.8 tons NOX/day and 4.31 tons VOC/day.

6. Contingency Plan

    If a violation is monitored, Ohio has committed to adopt and 
implement new Control Technology Guideline (CTG) VOC RACT rules and 
NOX RACT rules according to schedules shown in Table 2. If the sum 
of point, area, and mobile source VOC emissions exceed the 1990 
attainment inventory level, Ohio has committed to adopt and implement 
new CTG VOC RACT rules according to the schedule shown in Table 2. The 
new VOC RACT rules that will serve as a contingency measure include 
rules for the following 11 Control Technology Guideline (CTG) 
categories found in section 183(a) of the amended CAA: Synthetic 
Organic Chemicals Manufacturing Industry (SOCMI) distillation, SOCMI 
reactors, wood furniture, plastic parts coating (business machines), 
plastic parts coating (other), offset lithography, industrial 
wastewater, autobody refinishing, SOCMI batch processing, VOL storage 
tanks, and clean up solvents.
    The maintenance plan for Montgomery, Greene, Clark and Miami 
Counties contains all the necessary elements and is acceptable.

                              Table 2.--Contingency Measure Implementation Schedule                             
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                                                                                                 Completion date
      Control measure                Triggering Event                       Action               (from trigger) 
----------------------------------------------------------------------------------------------------------------
New CTG VOC RACT rules.....  violation of ozone NAAQS or       Identify and verify ambient      1 month.        
                              exceedance of 1990 attainment     violation or exceedance of                      
                              inventory.                        attainment inventory.                           
                                                               Survey potential VOC categories  3 months.       
                                                                or specific sources.                            
                                                               Propose revised rules for the    6 months.       
                                                                Dayton-Springfield area.                        
                                                               Adopt rule revisions for the     9 months.       
                                                                Dayton-Springfield area.                        
                                                               Source demonstration of          12 months.      
                                                                compliance or submittal of                      
                                                                schedule to achieve.                            
                                                               Achieve compliance with revised  24 months.      
                                                                requirements of OAC 3745-21.                    
NOx RACT rules.............  Violation of ozone NAAQS........  Identify and verify ambient      1 month.        
                                                                violation and issue Director's                  
                                                                Orders.                                         
                                                               Adoption of NOx RACT rules.....  9 months.       
                                                               Achieve compliance with          18 months.      
                                                                requirements of OAC 2745-14-03                  
                                                                or request extension.                           
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    D. The Area must have met all applicable requirements under Section 
110 and Part D. Section 107(d)(3)(E) requires that, for an area to be 
redesignated, the area must have met all applicable requirements under 
section 110 and Part D. The USEPA interprets section 107(d)(3)(E)(v) to 
mean that for a redesignation to be approved, the State must have met 
all requirements that applied to the subject area prior to or at the 
time of the submission of a complete redesignation request. 
Requirements of the Act that come due subsequently continue to be 
applicable to the area at those later dates (see section 175A(c)) and, 
if the redesignation of the area is disapproved, the State remains 
obligated to fulfill those requirements.

1. Section 110 Requirements

    General SIP elements are delineated in section 110(a)(2) of Title 
I, Part A. These requirements include but are not limited to the 
following: submittal of a SIP that has been adopted by the State after 
reasonable notice and public hearing, provisions for establishment and 
operation of appropriate apparatus, methods, systems and procedures 
necessary to monitor ambient air quality, implementation of a permit 
program, provisions for Part C (PSD) and D (NSR) permit programs, 
criteria for stationary source emission control measures, monitoring, 
and reporting, provisions for modeling, and provisions for public and 
local agency participation. For purposes of redesignation, the Ohio SIP 
was reviewed to ensure that all requirements under the amended Act were 
satisfied. Section 110 was amended in 1990, and the Dayton area SIP 
meets the requirements of the amended section 110(a)(2). A number of 
the requirements did not change in substance and, therefore, USEPA 
believes that the pre-1990 amendment SIP meets those requirements. Many 
of the requirements that were amended in 1990 are duplicative of other 
requirements in the Act, and USEPA has determined that the Dayton SIP 
is consistent with the requirements of section 110 of the amended Act.

2. Part D Requirements

    Before the Dayton area may be redesignated to attainment, it must 
have fulfilled the applicable requirements of part D. Under part D, an 
area's classification determines the requirements to which it is 
subject. Subpart 1 of part D sets forth the basic nonattainment 
requirements applicable to all nonattainment areas. Subpart 2 of part D 
establishes additional requirements for nonattainment areas classified 
under table 1 of section 181(a). As described in the General Preamble 
for the Implementation of Title 1, specific requirements of subpart 2 
may override subpart 1's general provisions (57 FR 13501 (April 16, 
1992)). The Dayton area was classified as moderate (56 FR 56694). 
Therefore, in order to be redesignated, the State must 
[[Page 22293]] meet the applicable requirements of subpart 1 of part 
D--specifically sections 172(c) and 176, as well as the applicable 
requirements of subpart 2 of part D.
a. Section 172(c) Requirements
    Section 172(c) sets forth general requirements applicable to all 
nonattainment areas. Under section 172(b), the section 172(c) 
requirements are applicable as determined by the Administrator, but no 
later than 3 years after an area has been designated as nonattainment 
under the amended Act. Furthermore, as noted above, some of these 
section 172(c) requirements are superseded by more specific 
requirements in subpart 2 of part D. The State has satisfied all of the 
section 172(c) requirements necessary for the Dayton area to be 
redesignated upon the basis of the November 8, 1993, redesignation 
request.
    USEPA has determined that the section 172(c)(2) reasonable further 
progress (RFP) requirement (with parallel requirements for a moderate 
ozone nonattainment area under subpart 2 of part D, due November 15, 
1993) was not applicable, as the State of Ohio submitted this 
redesignation request on November 8, 1993, and RFP was not due until 
November 15, 1993. Also the section 172(c)(9) contingency measures and 
additional section 172(c)(1) non-RACT reasonable available control 
measures (RACM) beyond those required in the SIP, are no longer 
necessary, since no earlier date was set for requirement of these 
measures.
    The section 172(c)(3) emissions inventory requirement has been met 
by the submission and approval (60 FR 15053) of the 1990 base year 
inventory required under subpart 2 of part D, section 182(a)(1).
    As for the section 172(c)(5) NSR requirement, USEPA has determined 
that areas being redesignated need not comply with the NSR requirement 
prior to redesignation provided that the area demonstrates maintenance 
of the standard without part D NSR in effect. The rationale for this 
view is described fully and a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled, 
``Part D New Source Review (part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment'' and is based on the Agency's 
authority to establish de minimis exceptions to statutory requirements. 
See Alabama Power Co. v. Costle, 636 F. 2d 323, 360-61 (D.C. Cir. 
1979). As discussed below, the State of Ohio has demonstrated that the 
Dayton area will be able to maintain the standard without part D NSR in 
effect and, therefore, the State need not have a fully-approved part D 
NSR program prior to approval of the redesignation request for Dayton. 
Ohio's part C PSD program will become effective in the Dayton area upon 
redesignation to attainment.
    Finally, for purposes of redesignation, the Dayton SIP was reviewed 
to ensure that all requirements of section 110(a)(2), containing 
general SIP elements, were satisfied. As noted above, USEPA believes 
the SIP satisfies all of those requirements.
b. Section 176 Conformity Plan Provisions
    Section 176(c) of the Act requires States to revise their SIPs to 
establish criteria and procedures to ensure that, before they are 
taken, Federal actions conform to the air quality planning goals in the 
applicable State SIP. The requirement to determine conformity applies 
to transportation plans, programs and projects developed, funded or 
approved under Title 23 U.S.C. or the Federal Transit Act 
(transportation conformity), as well as to all other Federal actions 
(general conformity).
    The USEPA promulgated final transportation conformity regulations 
on November 24, 1993 (58 FR 62188) and general conformity regulations 
on November 30, 1993 (58 FR 63214). Pursuant to section 51.396 of the 
transportation conformity rule and section 51.851 of the general 
conformity rule, the State of Ohio is required to submit a SIP revision 
containing transportation conformity criteria and procedures consistent 
with those established in the Federal rule by November 25, 1994, and 
November 30, 1994, respectively. Because the deadlines for these 
submittals did not come due prior to the date the Dayton redesignation 
request was submitted, however, they are not applicable requirements 
under section 107(d)(3)(E)(v) and, thus, do not affect approval of this 
redesignation request.

3. Subpart 2 Requirements

    The Dayton-Springfield area is classified moderate nonattainment; 
therefore, part D, subpart 2, section 182(b) requirements apply. The 
requirements which came due prior to the submission of the request to 
redesignate the Dayton-Springfield area must be fully approved into the 
SIP prior to redesignating the area to attainment. These requirements 
are discussed below:
(i) 1990 Base Year Emission Inventory
    The 1990 base year emission inventory was due on November 15, 1992. 
It was submitted to the USEPA on March 15, 1994. The USEPA approved 
this submittal on March 22, 1995 (60 FR 15053).
(ii) Emission Statements
    The emissions statement SIP was due on November 15, 1992. It was 
submitted to the USEPA on March 15, 1994. The USEPA approved this SIP 
revision through a direct final rulemaking action published on October 
13, 1994 (59 FR 51863).
(iii) VOC RACT Requirements
    Sections 182(a)(2)(A) and 182(b)(2) establish VOC RACT requirements 
applicable to moderate ozone nonattainment areas such as Dayton. 
Section 182(a)(2)(A) required the submission to USEPA of all rules and 
corrections to existing VOC RACT rules that were required under the 
RACT provision of the pre-1990 CAA (referred to as RACT ``fix-ups''). 
Section 182(b)(2) required the submission to USEPA of (1) VOC RACT 
rules for all VOC sources covered by a CTG issued before the date of 
enactment of the 1990 CAA amendments (a requirement that the State has 
previously met), (2) VOC RACT for each VOC source covered by a CTG 
issued between the enactment of the 1990 CAAA and the attainment date 
(which is not an applicable requirement for purposes of this 
redesignation since the due date for these rules is November 15, 1994, 
a date after the submission of the redesignation request), and (3) VOC 
RACT for all other major stationary sources of VOC located in the area.
    On June 9, 1988, August 24, 1990, and June 7, 1993, Ohio submitted 
VOC RACT rules to USEPA for approval. In a final rulemaking action, the 
USEPA partially approved, partially disapproved, and granted partial 
limited approval/limited disapproval to portions of Ohio's VOC RACT 
rules on May 9, 1994 (see 58 FR 49458). Ohio submitted negative 
declarations for source categories which must be subject to RACT but 
for which there are no sources in the Dayton-Springfield area. The 
USEPA has reviewed revised VOC RACT rules which addressed identified 
deficiencies. Ohio's VOC RACT rules submittals have now been approved 
in a direct final notice published on March 23, 1995 (60 FR 15235). 
Thus, the State has now satisfied all of the VOC RACT requirements 
applicable to the Dayton area. (The approval of this redesignation is 
contingent upon the approval of the VOC RACT rules and the 1990 Base- 
[[Page 22294]] Year Emissions Inventory. Thus, this redesignation will 
not become effective until the approval of the VOC RACT rules and the 
1990 Base-Year Emissions Inventory become effective. Consequently, 
should the direct final notice approving the VOC RACT rules or 1990 
Base-Year Inventory be withdrawn as a consequence of adverse comment, 
this direct final notice approving the redesignation will also be 
withdrawn and final action will be taken on the redesignation at a 
later date.)
(iv) Stage II Vapor Recovery (Stage II)
    Section 182(b)(3) required States to submit Stage II rules to USEPA 
for moderate ozone nonattainment areas by November 15, 1992. Ohio 
submitted Stage II regulations as a SIP revision on June 7, 1993. 
However, as the USEPA promulgated onboard rules on April 6, 1994 (59 FR 
16262), Stage II is no longer required for moderate ozone nonattainment 
areas (see section 202(a)(b). Thus, a Stage II program is not an 
applicable requirement for purposes of determining if the area has met 
all the section 110 and part D requirements. However, Ohio is 
implementing Stage II as a maintenance measure.
(v) Vehicle Inspection and Maintenance (I/M)
    The USEPA's final I/M regulations in 40 CFR Part 85 require the 
State to submit to the USEPA a fully adopted
I/M program by November 15, 1992. Ohio submitted the I/M rules on May 
26, 1994. This submittal was approved on April 4, 1995, at 60 FR 16989. 
(The approval of this redesignation is contingent upon the approval of 
the I/M SIP revision. Consequently, should the direct final notice 
approving the I/M SIP Revision be withdrawn as a consequence of adverse 
comment, this direct final notice approving the redesignation will also 
be withdrawn and final action will be taken on the redesignation at a 
later date.)
(vi) 1.15:1 VOC and NOX Offsets Requirement for NSR
    As explained above, USEPA has determined that areas need not comply 
with the part D NSR requirements of the Act in order to be 
redesignated, provided that the area is able to demonstrate maintenance 
without part D NSR in effect. As maintenance has been demonstrated for 
the Dayton area without part D NSR in effect, USEPA is not requiring 
that the area have a fully-approved part D NSR plan meeting the 
requirements of sections 182 (a) and (b) prior to redesignation.
(vii) NOX Requirement
    Section 182(f) establishes NOX requirements for ozone 
nonattainment areas. However, such requirement does not apply to an 
area such as Dayton if the Administrator determines that NOX 
reductions would not contribute to attainment. The Administrator has 
made such a determination based upon three years of clean air quality 
data and has approved the State of Ohio's request to exempt the Dayton 
area from the section 182(f) NOX requirements (60 FR 3760). Thus, 
the State of Ohio need not comply with the NOX requirements of 
section 182(f) for Dayton to be redesignated. If a violation is 
monitored in the Dayton-Springfield area, Ohio has committed to adopt 
and implement NOX RACT rules as a contingency measure.
    E. Section 107(d)(3)(E)(ii). The Administrator has fully approved 
the applicable implementation plan for the area under Section 110(k). 
USEPA has reviewed the SIP to ensure that it contains all measures that 
were due under the amended 1990 Act. Based on the approval of 
submittals under the pre-amended CAA, and USEPA's approval of SIP 
revisions under the amended CAA, USEPA has determined that the Dayton-
Springfield area has a fully approved SIP under section 110(k), which 
also meets the applicable requirements of section 110 and part D as 
discussed below. (45 FR 72122, 60 FR 3760, 60 FR 15035, 60 FR 15235, 
and 60 FR 16989.

III. Transport of Ozone Precursors to Downwind Areas

    Preliminary modeling results utilizing USEPA's regional oxidant 
model (ROM) indicate that ozone precursor emissions from various States 
west of the ozone transport region (OTR) in the northeastern United 
States contribute to increases in ozone concentrations in the OTR. The 
State of Ohio has provided documentation that VOC and NOX 
emissions in the Dayton-Springfield area will remain below attainment 
levels for the next eleven years. Should emissions exceed attainment 
levels, the contingency plan will be triggered. In addition, Ohio is 
required to submit a revision to the maintenance plan eight years after 
redesignation to attainment which demonstrates that the NAAQS will be 
maintained until the year 2015. The USEPA is currently developing 
policy which will address long range impacts of ozone transport. The 
USEPA is working with the States and other organizations to design and 
complete studies which consider upwind sources and quantify their 
impacts. The USEPA intends to address the transport issue through 
Section 110 based on a domain-wide modeling analysis.
    The USEPA notified Environment Canada of this action. The 
redesignation is not expected to have any adverse impact on Canada 
since emissions are expected to remain below levels associated with 
attainment conditions in the Dayton area.

IV. Final Rulemaking Action

    The State of Ohio has met the requirements of the Act for revising 
the Ohio ozone SIP. The USEPA approves the redesignation of Montgomery, 
Greene, Miami, and Clark Counties to attainment areas for ozone. In 
addition, the USEPA approves the maintenance plan into the ozone SIP 
for these Counties. As noted earlier, this approval is contingent upon 
the direct final approval of Dayton's VOC RACT rules, Ohio's I/M SIP 
revision, and Dayton's 1990 Base-Year Emissions Inventory becoming 
effective.
    The USEPA is publishing this action without prior proposal because 
USEPA considers this action as a noncontroversial revision and 
anticipates no adverse comments. However, USEPA is publishing a 
separate document in this Federal Register publication, which 
constitutes a ``proposed approval'' of the requested SIP revision and 
clarifies that the rulemaking will not be deemed final if timely 
adverse or critical comments are filed. The ``direct final'' approval 
shall be effective on July 5, 1995, unless USEPA receives adverse or 
critical comments on this redesignation by June 5, 1995, or by April 
21, 1995, regarding the 1990 Base-Year Emissions inventory published at 
60 FR 15053, or by April 24, 1995, regarding the VOC RACT notice 
published at 60 FR 15235, or by May 4, 1995, regarding Ohio's I/M SIP 
revision published at 60 FR 16989. If USEPA receives comments adverse 
to or critical of any of these approvals, USEPA will withdraw this 
redesignation approval before its effective date by publishing a 
subsequent Federal Register notice which withdraws this final action. 
All public comments received will then be addressed in a subsequent 
rulemaking notice(s).
    Any parties interested in commenting on this action should do so at 
this time. If no such comments are received, USEPA hereby advises the 
public that this redesignation will be effective on July 5, 1995.
    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.
    Nothing in this action should be construed as permitting or 
allowing or [[Page 22295]] establishing a precedent for any future 
request for revision to any SIP. Each request for revision to any SIP 
shall be considered separately in light of specific technical, 
economic, and environmental factors and in relation to relevant 
statutory and regulatory requirements.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The Office of Management and Budget exempted this 
regulatory action from Executive Order 12866 review.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, USEPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    The SIP approvals 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 affected. 
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 USEPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. USEPA, 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 July 5, 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

40 CFR Part 52

    Air pollution control, Environmental protection, Hydrocarbons, 
Intergovernmental relations, Motor vehicle pollution, Ozone, Volatile 
organic compounds, Reporting and recordkeeping requirements.

40 CFR Part 81

    Air pollution control, Environmental protection, National parks, 
and Wilderness areas.

    Dated: March 14, 1995.
Valdas V. Adamkus,
Regional Administrator.

    Title 40 of the Code of Federal Regulations, chapter I, is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

    2. Section 52.1885 is amended by removing paragraph (a)(5) and 
revising paragraph (b) to read as follows:


Sec. 52.1885  Control strategy: Ozone.

* * * * *
    (b) The maintenance plans for the following counties are approved:
    (1) Preble County.
    (2) Columbiana County.
    (3) Jefferson County.
    (4) Montgomery, Greene, Miami, and Clark Counties. This plan 
includes implementation of Stage II vapor recovery and an enhanced 
vehicle inspection and maintenance program.
    (5) Lucas and Wood Counties.
* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PURPOSES

    1. The authority citation for part 81 continues to read as follows:

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

    2. Section 81.336 is amended by revising the entry in the ozone 
table for the Dayton-Springfield area to read as follows:


Sec. 81.336  Ohio.

* * * * *

                                                   Ohio--Ozone                                                  
----------------------------------------------------------------------------------------------------------------
                                             Designation                              Classification            
      Designated area      -------------------------------------------------------------------------------------
                                   Date\1\                  Type                 Date\1\              Type      
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Dayton-Springfield Area:                                                                                        
    Clark County..........  July 5, 1995.........  Attainment.                                                  
    Greene County.........  July 5, 1995.........  Attainment.                                                  
    Miami County..........  July 5, 1995.........  Attainment.                                                  
    Montgomery............  July 5, 1995.........  Attainment.                                                  
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.                                                      

[[Page 22296]] [FR Doc. 95-10972 Filed 5-4-95; 8:45 am]
BILLING CODE 6560-50-P