[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Proposed Rules]
[Pages 22337-22345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11035]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[OH78-1-6969; FRL-5202-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Ohio U.S. Environmental Protection Agency (USEPA) has 
requested the redesignation of the Cincinnati area (Hamilton, Clermont, 
Butler, and Warren Counties) from moderate nonattainment to attainment 
for ozone; and Clinton County from transitional nonattainment to 
attainment. The requests were received on November 15, 1994. Before the 
Cincinnati request can be approved through final rulemaking, several 
State Implementation Plan (SIP) revisions must be approved. The USEPA 
is separately rulemaking on Ohio SIP revisions involving volatile 
organic compounds (VOC) Reasonable Available Control Technology (RACT) 
rules, the 1990 Base-year Inventory, the section 182(f) nitrogen oxides 
(NOX) RACT waiver request, the 182(b)(1) reasonable further 
progress plan, and the 182(b)(4) inspection and maintenance plan. Upon 
final approval of these plans, the Cincinnati nonattainment area will 
have met all of the requirements for redesignation specified under 
section 107(d)(3)(E). The approval of the Clinton County request is not 
contingent upon separate rulemaking action by USEPA. The USEPA is 
proposing approval of the redesignation request and maintenance plan 
for Butler, Hamilton, Warren, Clermont, and Clinton Counties in Ohio.

DATES: Comments on this redesignation and on the proposed USEPA action 
must be received by June 5, 1995.

ADDRESSES: Written comments should be addressed to: William L. 
MacDowell, Chief, Regulation Development Section, Air Enforcement 
Branch (AE-17J), United States Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the State's submittal and other information are available 
for inspection during normal business hours at the following location: 
Regulation Development Section, Air Enforcement Branch (AE-17J), United 
States Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Randy Robinson, Air Enforcement 
Branch, Regulation Development Section (AE-17J), United States 
Environmental Protection Agency, Region 5, Chicago, Illinois 60604, 
(312) 353-6713.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

    The Ohio Environmental Protection Agency (OEPA) has requested the 
redesignation of the Ohio portion of the Cincinnati Area (including the 
counties of Hamilton, Clermont, Butler, and Warren) from nonattainment 
to attainment for ozone. The Cincinnati moderate nonattainment area 
also includes the Kentucky counties of Boone, Campbell, and Kenton. 
These counties are being addressed in separate rulemaking. The OEPA is 
also requesting the redesignation of Clinton county from transitional 
nonattainment to attainment. The USEPA received both requests for 
redesignation to attainment on November 15, 1994. Public hearing and 
response to comment information was received on February 24, 1995.
    Under Section 107(d) of the 1977 amended Clean Air Act, the USEPA 
promulgated the ozone attainment status for each geographic area of the 
country. All counties in the Cincinnati area were designated as an 
ozone nonattainment area in March 1978 (43 FR 8962). On November 15, 
1990, the Clean Air Act Amendments of 1990 (CAAA) were enacted. 
Pursuant to Section 107(d)(4)(A), Butler, Clermont, Hamilton, and 
Warren Counties were designated as moderate nonattainment areas, as a 
result of monitored violations of the ozone National Ambient Air 
Quality Standards (NAAQS) during the summer of 1988 (56 FR 56694, 
November 6, 1991). Clinton County did not experience a violation during 
the three year period from January 1, 1987 through December 31, 1989, 
and therefore, pursuant to section 185(A) of the CAAA, was designated 
as a transitional nonattainment area. A review of the Cincinnati area 
redesignation request is presented below, followed by a review of the 
Clinton County request.

II. Redesignation Review Criteria

    The CAAA provides the requirements for redesignating a 
nonattainment area to attainment. Specifically, Section 107(d)(3)(E) 
provides for redesignation if: (i) The Administrator determines that 
the area has attained the National Ambient Air Quality Standard 
(NAAQS); (ii) The Administrator has fully approved the applicable 
implementation plan for the area under Section 110(k); (iii) The 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable implementation plan and applicable 
Federal air pollutant control regulations and other permanent and 
enforceable reductions; (iv) The Administrator has fully approved a 
maintenance plan for the area as meeting the requirements of Section 
175(A); and (v) The State containing such area has met all requirements 
applicable to the area under Section 110 and Part D.
    The USEPA provided guidance on redesignation in the General 
Preamble for the Implementation of Title I of the Clean Air Act 
Amendments of 1990, 57 FR 13498 (April 16, 1992), supplemented at 57 FR 
18070 (April 28, 1992). Three key memoranda provide further guidance 
with respect to section 107(d)(3)(E) of the amended Act. The first, 
dated September 4, 1992, was issued by John Calcagni, Director, Air 
Quality Management Division, Subject: Procedures for Processing 
Requests to Redesignate Areas to Attainment (Calcagni Memorandum). The 
second, dated September 17, 1993, was issued by Michael Shapiro, Acting 
Assistant Administrator for Air and Radiation, Subject: State 
Implementation Plan (SIP) Requirements for Area Submitting Requests for 
Redesignation to Attainment of the Ozone and Carbon Monoxide (CO) NAAQS 
on or after November 15, 1992 (Shapiro Memorandum). The third, dated 
October 14, 1994, was issued by Mary Nichols, Assistant Administrator 
for Air and Radiation, Subject: Part D New Source Review Requirements 
for Areas Requesting Redesignation to Attainment (Nichols Memorandum).

Analysis of Cincinnati Area Redesignation Request

A. The Area Must Have Attained the Ozone National Ambient Air Quality 
Standard (NAAQS)
    For ozone, an area may be considered attaining the NAAQS if there 
are no violations, as determined in accordance with 40 CFR 50.9, based 
on three [[Page 22338]] complete, consecutive calendar years of quality 
assured monitoring data. The data that are used should be the product 
of ambient monitoring that is representative of the area believed to 
have the highest concentration. A violation of the NAAQS occurs when 
the annual average number of expected daily exceedances is equal to or 
greater than 1.05 at any site under consideration. A daily exceedance 
occurs when the maximum hourly ozone concentration during a given day 
exceeds 0.124 parts per million (ppm). The data should be collected and 
quality-assured in accordance with 40 CFR Sec. 58, and recorded in the 
Aerometric Information Retrieval System (AIRS). The monitors should 
have remained at the same location for the duration of the monitoring 
period required for demonstrating attainment.
    The OEPA submitted ozone monitoring data for the April through 
October ozone season from 1976 to 1994. The majority of recent 
exceedances occurred during 1988. To demonstrate monitored attainment 
with the standard, the OEPA submitted ozone air quality data for the 
years 1992 through 1994. This data has been quality assured and is 
recorded in AIRS. No violations were recorded during this time three-
year time period.
    The Cincinnati nonattainment area, including the Kentucky counties 
of Boone, Campbell, and Kenton, contains eleven monitors measuring 
ambient concentrations of ozone. The monitors and the number of 
exceedances for 1992 through 1994 are detailed in the technical support 
document. The site with the greatest number of expected exceedances is 
in Warren County with 0.67 annual average expected exceedance. The area 
is currently attaining the standard.
B. The Area Must Have a Fully approved State Implementation Plan (SIP) 
Under Section 110(k)
    The counties of the Cincinnati moderate nonattainment area were 
designated nonattainment for ozone in March 1978, based on monitored 
violations. Additional monitored violations in 1983 caused USEPA to 
propose to disapprove the nonattainment SIP submitted in 1982 by OEPA 
and to require a revised SIP and attainment demonstration by 1987. 
Monitored violations occurred again in the Cincinnati area during the 
summer of 1988.
    The CAAA provided that any area designated nonattainment as of 
November 15, 1990, would remain nonattainment and would be classified 
in one of five categories, based on the severity of the monitored 
design concentration value. The Cincinnati area, including the counties 
of Butler, Hamilton, Clermont, and Warren, was classified as a moderate 
nonattainment area and as a result must submit a revised SIP which 
meets the requirements of the Clean Air Act Amendments and demonstrates 
attainment with the ozone standards.
    The Shapiro memorandum, cited above, provides guidance on programs 
that must be in the SIP before the redesignation request can be 
approved. The memorandum states that for redesignation, the States must 
adopt and provide for implementation of all the programs that were due 
by the date of the redesignation request. Consequently, a modeled 
attainment demonstration is not required in the Cincinnati area because 
the redesignation request was submitted before the attainment 
demonstration due date.
    Section E of this notice discusses the requirements under section 
110 and Part D of Title 1 of the CAAA. As discussed in that section, 
USEPA is currently rulemaking on the Volatile Organic Compounds (VOC) 
RACT rules and the 15 Percent (%) Rate of Progress Plan. Approval of 
those submittals, along with the emissions inventory, NOx RACT 
waiver, and the I/M plan, will provide the area with a fully approved 
SIP at the time of final rulemaking on this redesignation request. All 
of the above program submittal deadlines preceded the Cincinnati 
redesignation request.
C. The Improvement in Air Quality Must Be Due to Permanent and 
Enforceable Reductions in Emissions Resulting From the SIP, Federal 
Measures and Other Permanent and Enforceable Reductions
    The State must be able to reasonably attribute the improvement in 
air quality to emission reductions which are permanent and enforceable. 
To satisfy this requirement, the State should estimate the percent 
reduction from the year that was used to determine the design value for 
designation and classification achieved from Federal measures and 
control measures that have been adopted and implemented by the State. 
Emission rates, production capacities and other information should be 
used in the estimation. Sources should be assumed to operate at 
permitted or historic peak levels unless evidence is presented that 
such an assumption is unrealistic.
    The OEPA submittal documents reductions in emission from 1990 to 
1993. The year 1988 was the year which determined the design value and 
should have been the year from which reductions were calculated. This 
comment was made to OEPA in a January 6, 1995, letter from William L. 
MacDowell, Section Chief, Regulation Development Section, Region 5, to 
Mary Cavin, Hearing Clerk, OEPA. The OEPA responded that the result of 
using 1988 instead of 1990 as the base year would be that a greater 
reduction of emissions would have been calculated. The USEPA agrees 
that the use of 1988 data would not have affected the conclusion that 
the reductions in emissions from permanent and enforceable programs 
have resulted in improved air quality in the area and therefore accepts 
the reductions as calculated.
    The OEPA submittal states that the 1993 emissions inventory is 
reflective of attainment conditions. The OEPA states that the 
reductions in emissions from the base year are achieved from the 
implementation of two federal programs; lower fuel volatility and the 
Federal Motor Vehicle Control Program (FMVCP). These programs are 
permanent and federally enforceable. The motor fuel volatility Phase I 
standards became effective nationwide in the summer of 1989, and 
established a volatility limit in the Cincinnati area of 10.5 pounds 
per square inch Reid Vapor Pressure (RVP). The RVP was further lowered 
in 1992 to 9.0 pounds per square inch. The total reduction in mobile 
source VOC emissions in the four Ohio Counties of the Cincinnati area, 
from 1990 to 1993 was 40 tons per day. These reductions were quantified 
using the MOBILE5A model.
    From the years 1990 to 1993, area source and point source VOC 
emissions increased slightly, by 0.7 tons per day (tpd) and 1.9 tpd, 
respectively. Area sources were assumed to grow, based on historical 
population growth as interpolated by Bureau of Economic Analysis (BEA) 
data for the years 1988 to 1995 and on industrial employment data. 
Point source emissions for 1990 were developed from reports submitted 
to the Cincinnati Department of Environmental Services by facilities 
with actual combined VOC emissions of 10 tons per year or more. The 
following table shows combined Butler, Warren, Hamilton, and Clermont 
County VOC emissions for area, point, and mobile sources from 1990 to 
1993.

------------------------------------------------------------------------
                                                        1990      1993  
------------------------------------------------------------------------
Area(TPD)...........................................      69.0      69.8
Point...............................................      70.9      72.8
Mobile..............................................     125.8      85.3
                                                     -------------------
      Total.........................................     265.7     227.9
------------------------------------------------------------------------

     [[Page 22339]] The State has shown that actual total VOC emissions 
were reduced by about 38 tons per day from 1990 to 1993; due 
exclusively to mobile source reductions. Although the State did not 
calculate reductions based on a design year (i.e.,1988) emissions 
inventory, the demonstration that was submitted is adequate to show 
that actual reductions of VOC emissions have occurred in the area. The 
reduction in emissions shown in the submittal has been reasonably 
attributed to two programs: lower fuel volatility and the Federal Motor 
Vehicle Control Program. Both of the programs result in permanent and 
enforceable reductions in VOC emissions, and, therefore, the 
requirement of section 107(d)(3)(E)(iii) is satisfied.
D. The Area Must Have a Fully Approved Maintenance Plan Meeting the 
Requirements of Section 175A
    Section 175A of the CAA defines requirements for maintenance plans. 
The maintenance plan is a SIP revision which provides for maintenance 
of the relevant NAAQS in the area for at least 10 years after 
redesignation. There are five core provisions which the maintenance 
plan should address: the attainment inventory, maintenance 
demonstration, monitoring network, verification of continued 
attainment, and a contingency plan. The attainment inventory should 
identify the level of emissions in the area which is sufficient to 
attain the ozone NAAQS and should include the emissions during the time 
period associated with the monitoring data showing attainment. 
Maintenance is demonstrated by showing that future emissions will not 
exceed the level of the attainment inventory. Modeling may also be used 
to show that the future combination of sources and emission rates will 
not cause a violation of the NAAQS. The maintenance plan must also 
provide for continued operation of an appropriate air quality 
monitoring network to verify attainment status of the area. The plan 
must indicate how the State will track the progress of the maintenance 
plan. Finally, the maintenance plan must include contingency measures 
to promptly correct any violation of the ozone NAAQS that occurs after 
redesignation of the area to attainment.

Attainment Inventory

    The Cincinnati area submittal contained inventories of 1990 actual 
VOC emissions from stationary, area, and mobile sources. The year 1990 
was selected as the base year and used to project emissions to future 
years. The 1993 emissions inventory is considered as the attainment 
year inventory because no ozone violations have occurred since 1991, 
and the 1993 projections were performed per USEPA guidance. The 
approvability of the emission inventories will be addressed in a 
separate rulemaking. However, Federal approval of the Cincinnati 
nonattainment region emission inventories is needed before the 
redesignation request can be approved.

Maintenance Demonstration

    The Cincinnati area submittal shows projected VOC, NOX, and CO 
emissions from the 1990 base year for the years 1993, 1996, 1999, 2002 
and 2005. The projections show that the level of emissions established 
for the attainment year inventory will not be exceeded. Base year and 
projected emission inventories were presented for the seven counties 
that comprise the interstate Cincinnati moderate nonattainment area. 
The following tables list the VOC, NOx , and CO emissions for the base 
year, final year and interim years for only the Ohio portion of the 
inventory. Summary of VOC Emissions (tons/day)

----------------------------------------------------------------------------------------------------------------
                                     1990 Base   1993 Attain   1996 Proj.   1999 Proj.   2002 Proj.   2005 Proj.
----------------------------------------------------------------------------------------------------------------
Point.............................         70.9         72.8         74.9         77.0         79.2         81.4
Area..............................         69.0         69.8         70.7         71.4         72.3         73.1
Mobile............................        125.8         85.3         67.1         49.6         41.6         36.8
                                   -----------------------------------------------------------------------------
      Totals......................        265.7        227.9        212.7        198.0        193.1        191.3
                                                                                                                
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                                       Summary of CO Emissions (tons/day)                                       
                                                                                                                
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Point.............................         88.6         88.5         88.3         88.2         88.1         87.9
Area..............................        319.4        323.8        328.6        333.4        338.6        343.8
Mobile............................        793.2        629.5        529.0        325.7        263.9        226.0
                                   -----------------------------------------------------------------------------
      Totals......................       1201.2       1041.8        945.9        747.3        690.6        657.7
                                                                                                                
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                                      Summary of NOX Emissions (tons/day)                                       
                                                                                                                
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Point.............................        280.0        279.4        279.0        278.6        278.3        277.6
Area..............................         29.8         30.3         30.9         31.4         32.1         32.2
Mobile............................        130.7        115.6        101.3         84.4         72.0         65.5
                                   -----------------------------------------------------------------------------
      Totals......................        440.5        425.3        411.2        394.4        382.4        375.3
----------------------------------------------------------------------------------------------------------------

    The OEPA is revising the base year emission inventory numbers in 
response to comments made by USEPA. Although the revisions will change 
the base year and projected year emission totals, the changes are not 
expected to affect the results of the maintenance demonstration. The 
revised base year, attainment year, and projected emissions will be 
presented in the final rule.

Emission Projections

    Projections of stationary source emissions through year 2005 were 
developed based on data provided by the Bureau of Economic Analysis 
(BEA), United States Department of Commerce, showing manufacturing 
earnings by industry. An annual growth factor was derived from this 
data and that growth factor was used to determine future year 
inventories. The base year inventory was developed through reports 
submitted by facilities with actual combined VOC emissions of 10 tons 
per year or more. The 1990 base year inventory reflects tons per 
typical summer day emissions as well as an 80 percent rule 
effectiveness assumption. [[Page 22340]] 
    The area source emissions inventory includes sources too small to 
be handled individually in the point source inventory. The emissions in 
the area source inventory were reported in tons per typical summer day. 
Projections of area source emissions for most source categories was 
based on population data supplied by the Ohio Data Users Center: Ohio 
Department of Development. Some source categories (such as degreasing 
operations, construction and industrial equipment, and auto painting/
traffic lines) used industrial employment, from BEA data, as the growth 
indicator. State gasoline consumption was used as a growth indicator to 
project emissions from gasoline distribution.
    Mobile source emissions inventories were generated by applying the 
emissions factors from USEPA's Mobile5A emissions model to the 
projected Vehicle Miles Travelled (VMT) in the Cincinnati area 
counties. The VMTs for the 1990 base year were based on the TRANPLAN 
model, which utilizes actual traffic counting. Forecasts of VMTs to the 
year 2005 relied on the development of future highway networks, future 
forecasts of socio-economic data, and travel patterns in the Cincinnati 
area. VMTs are projected to increase 17 percent by the year 2005 from 
the 1990 base year. The VOC and NOX emissions projected for the 
year 2005 in the table presented earlier are for purposes of 
transportation conformity.
    Runs of Mobile5A for the years 1990, 1993, 1996, 2000, and 2005 
were conducted using the following input file categories: hourly 
temperature data, hourly hot/cold start percentage by roadway type, 
hourly vehicle mix by roadway type, hourly directional splits by 
roadway type, summer factors by roadway type, and speed by roadway 
type. Several programs account for the significant reductions in mobile 
emissions predicted through the year 2005. These programs, which are 
Federally approved or in the process of being approved, include the 
enhanced inspection and maintenance, State II vapor recover, on-board 
vapor recovery, FMVCP, and lower fuel volatility. Incorporation of 
enhanced inspection and maintenance into the Mobile5A modeling is 
initiated in 1996. The Stage II vapor recovery system (VRS) is fully 
implemented in 1995, while the on-board vapor recovery system begins in 
1998. The on-board vapor recovery system applies to the four possible 
vehicle types; light duty gas, light duty truck 1 and 2, and heavy duty 
gas.

Monitoring Network

    There are currently eleven monitors measuring ozone in the 
Cincinnati area, as described above. Three are operated by the State of 
Kentucky. Seven of the eight monitors located in the Cincinnati area 
are operated by the Cincinnati Department of Environmental Services. 
The remaining monitor is operated by the Southwest District Office of 
the OEPA. The Cincinnati Department of Environmental Services has 
committed to continue operating and maintaining its ozone monitoring 
network consistent with the Federal and State monitoring guidelines in 
order to continue to verify the attainment status of the area.

Contingency Plan

    The contingency plan for the Cincinnati area contains three major 
components: Attainment tracking, contingency measures to be implemented 
in the event that a violation of the ozone NAAQS occurs in the Ohio/
Kentucky Cincinnati region, and a mechanism with which to trigger the 
implementation of the contingency measures.
    Two methods of attainment tracking will be utilized: (1) air 
quality monitoring using the existing ozone monitoring network, and (2) 
inventory updates on a regular schedule. Stationary, mobile, and area 
source inventories will be updated at a minimum of once every three 
years beginning with 1996. Area emission inventories will be updated 
using revised census data. Mobile source emission inventories will be 
updated using new VMT estimates and any new USEPA mobile emission 
models. Annual progress reports will summarize available VOC emissions 
data.
    The contingency measures to be considered for implementation are 
listed below.

1. Lower Reid Vapor Pressure for gasoline
2. Reformulated gasoline program
3. Broader geographic coverage of existing regulations
4. Application of RACT on sources covered by new control technology 
guidelines issued in response to the 1990 Act Amendments
5. Application of RACT to smaller existing sources
6. Implementation of one or more transportation control measures 
sufficient to achieve at least a 0.5 percent reduction in actual 
areawide VOC emissions. The transportation control measures to be 
considered would include: (1) Trip reductions programs, including but 
not limited to employer-based transportation management programs, 
areawide rideshare programs, work schedule change, and telecommuting; 
(2) transit improvements; (3) traffic flow improvements; and (4) other 
measures
7. Alternative fuel programs for fleet vehicle operations
8. Controls on consumer products consistent with those adopted 
elsewhere in the United States
9. VOC offsets for new or modified major sources
10. VOC offsets for new or modified minor sources
11. Increased ratio of VOC offsets required for new sources
12. Requirement of VOC controls on new minor sources.

    Selection of one or more of the contingency measures will be based 
on various considerations including cost-effectiveness, VOC reduction 
potential, economic and social consideration, and other factors the 
State determines to be appropriate.
    Consideration and selection of one or more of the contingency 
measures will take place in the event the ozone NAAQS is violated. 
Initially, the State will conduct an analysis to determine the level of 
control measures needed to assure expedient future attainment. If a 
subsequent violation of the ozone NAAQS occurs after implementation of 
the VOC control measures, NOX RACT will be activated. Contingency 
measures will be implemented according to the following schedule:

------------------------------------------------------------------------
                                       Completion time after triggering 
              Activity                              event               
------------------------------------------------------------------------
Verify a violation has occurred....  1 month.                           
Identify VOC plan and submit         3 months.                          
 schedule for implementation.                                           
Implement VOC control program......  12 months.                         
                                     Completion time second triggering  
                                      event/post VOC control plan       
Verify a violation has occurred....  1 month.                           
Submit schedule for implementation   3 months.                          
 of NOX RACT.                                                           
Implement NOX RACT.................  18 months.                         
------------------------------------------------------------------------

    Reformulated gasoline and low RVP gasoline would not be able to be 
implemented as contingency measures by the State of Ohio unless the 
State first requested and received from USEPA a waiver of federal 
preemption under section 211(c)(4) of the CAA. However, in light of the 
State's listing of other potential contingency measures 
[[Page 22341]] and the State's commitment to implement contingency 
measures within 12 months of a violation, the identification of 
reformulated gasoline and low RVP gasoline does not detract from the 
approvability of the contingency plan.
    The Ohio submittal adequately addresses the five basic components 
which comprise a maintenance plan (attainment inventory, maintenance 
demonstration, monitoring network, verification of continued 
attainment, and a contingency plan) and therefore, satisfies the 
maintenance plan requirement in section 107(d)(3)(E)(iv).
E. The Area Must Have Met All Applicable Requirements Under Section 110 
and Part D
    Section 107(d)(3)(E) requires that, for an area to be redesignated, 
an area must have met all applicable requirements under section 110 and 
Part D. The USEPA interprets section 107(d)(3)(E)(v) to mean that for a 
redesignation to be approved, the State must have met all requirements 
that applied to the subject area prior to or at the time of the 
submission of a complete redesignation request. Requirements of the Act 
that come due subsequently continue to be applicable to the area at 
those later dates (see section 175A(c)) and, if the redesignation of 
the area is disapproved, the State remains obligated to fulfill those 
requirements.

Section 110: General Requirements for Implementation Plans

    Section 110(a)(2) of Title I of the CAAA lists the elements to be 
included in each SIP after adoption by the State and reasonable notice 
and public hearing. The elements include, but are not limited to, 
provisions for establishment and operation of appropriate devices, 
methods, systems, and procedures necessary to monitor ambient air 
quality; implementation of a permit program, provisions for Part C 
(PSD) and D (NSR) permit programs, criteria for stationary source 
emission control measures, monitoring, and reporting, provisions for 
modeling, and provisions for public and local agency participation. For 
purposes of redesignation, the Cincinnati area SIP was reviewed to 
ensure that all requirements under the amended Act were satisfied. 
USEPA has determined that the Cincinnati area SIP is consistent with 
the requirements of section 110 of the amended Act.

Part D: General Provisions for Nonattainment Areas

    Before the Cincinnati 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 Cincinnati area was classified as moderate. Therefore, in 
order to be redesignated, the State must meet the applicable 
requirements of subpart 1 of part D--specifically sections 172(c) and 
176, as well as the applicable requirements of subpart 2 of part D.

Section 172(c)  Requirements

    The State redesignation request for Cincinnati has satisfied all of 
the relevant submittal requirements under section 172(c) necessary for 
the area to be redesignated to attainment. Some components have not yet 
completed regulatory review. Approval of all required SIP revisions is 
necessary before the redesignation request can be approved. The 
reasonable further progress (RFP) requirement under section 172(c)(2) 
is defined as progress that must be made toward attainment. This 
requirement is not relevant because the Cincinnati area has already 
demonstrated monitored attainment of the ozone NAAQS.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate, and current inventory of actual emissions. The 
State has submitted such an inventory under section 182(a)(1). It is 
currently being reviewed for approvability.
    Section 172(c)(5) requires permits for the construction and 
operation of new and modified major stationary sources anywhere in the 
nonattainment area. The USEPA has determined that areas being 
redesignated need not comply with the requirement that a New Source 
Review (NSR) program be approved prior to redesignation provided that 
the area demonstrates maintenance of the standard without part D NSR in 
effect. The rationale for this view is described in a memorandum from 
Mary Nichols, Assistant Administrator for Air and Radiation, dated 
October 14, 1994, entitled ``Part D New Source Review Requirements for 
Areas Requesting Redesignation to Attainment''. The State of Ohio has 
demonstrated that the Cincinnati 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 Cincinnati. The State's Prevention of 
Significant Deterioration (PSD) program will become effective in the 
Cincinnati area upon redesignation to attainment.

Subpart 2  Section 182 Requirements

    The Cincinnati area is classified moderate nonattainment; 
therefore, part D, subpart 2, section 182(b) requirements apply. In 
accordance with guidance presented in the Shapiro memorandum, the 
requirements which came due prior to the submission of the request to 
redesignate the Cincinnati area must be fully approved into the SIP 
before the request to redesignate the area to attainment can be 
approved. Those requirements are discussed below:
(a) 1990 Base Year Inventory
    The 1990 base year emission inventory was due on November 15, 1992. 
It was submitted to USEPA on March 14, 1994. USEPA is currently 
reviewing the base year inventory.
(b) Emission Statements
    The emission statements SIP was due on November 15, 1992. It was 
submitted to the USEPA on March 18, 1994. The USEPA approved this SIP 
revision through a direct final rulemaking action published on October 
13, 1994 (59 FR 51863). This approval became effective on December 12, 
1994.
(c) 15% Plan
    The 15% Rate of Progress plan for VOC reductions was required to be 
submitted by November 15, 1993, and, therefore, is applicable to the 
Cincinnati Moderate Nonattainment area. The 15% plan was submitted to 
USEPA on March 14, 1994, and is currently under review. This plan must 
be approved before a redesignation to attainment can be finalized.
(d) RACT Requirements
    SIP revisions requiring RACT for three classes of VOC sources are 
required under section 182(b)(2). The categories are:
    (i) All sources covered by a CTG document issued between November 
15, 1990 and the date of attainment. The USEPA has issued a CTG 
document in which it lists 11 CTG's that are planned to be issued in 
accordance with section 183. The USEPA has also promulgated a CTG 
document entitled ``Control of Volatile Organic Compound Emissions from 
Reactor Processes and Distillation [[Page 22342]] Operations Processes 
in the Synthetic Organic Chemical Manufacturing Industry'', August 
1993. However, the Cincinnati redesignation request was submitted 
before the November 15, 1994 (57 FR 18070), due date for RACT rule 
submission for the 11 CTG's and the March 23, 1995 (59 FR 13717), due 
date for the more recent CTG. Therefore, this requirement is not 
applicable.
    (ii) All sources covered by a Control Technology Guideline (CTG) 
issued prior to November 15, 1990. The State has stated that it has 
adopted rules requiring RACT for sources for which a CTG has been 
issued.
    (iii) All other major non-CTG stationary sources. The non-CTG rules 
were due by November 15, 1992, and apply to the Ohio submittal. The 
USEPA is currently reviewing non-CTG rules submitted by Ohio.
(e) Stage II Vapor Recovery
    Section 182(b)(3) requires States to submit Stage II rules no later 
than November 15, 1992. The Ohio Stage II rules were submitted as a SIP 
revision on June 7, 1993. On October 20, 1994, the USEPA partially 
approved and partially disapproved Ohio's SIP revision for 
implementation of Stage II (58 FR 52911). As stated in that rulemaking 
action, with the exception of paragraph 3745-21-09 (DDD)(5), USEPA 
considers Ohio's Stage II program to fully satisfy the criteria set 
forth in the USEPA guidance document for such programs entitled 
``Enforcement Guidance for Stage II Vehicle Refueling Control 
Programs.'' Only those Stage II provisions previously approved by USEPA 
are part of the Cincinnati area maintenance plan.
    The Shapiro Memorandum states that once onboard regulations (FMVCP) 
are promulgated, the Stage II regulations are no longer applicable for 
moderate ozone nonattainment areas. The USEPA promulgated onboard rules 
in February 1994; therefore, pursuant to section 202(a)(6) of the CAAA, 
Stage II is no longer required. However, the State has opted to include 
reductions in VOCs from the Stage II program as part of the maintenance 
plan and the 15% Rate of Progress plan.
(f) Vehicle Inspection and Maintenance (I/M)
    The 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, 1993. Ohio submitted the I/M rules on May 26, 1994. USEPA published 
a direct final approval of the rules on April 4, 1995. If the notice is 
not withdrawn due to adverse comments, the rules will become effective 
on June 3, 1995.
    The legislation authorizing the State to establish an I/M program 
also allows the option of implementation of an enhanced I/M program 
into an area's maintenance plan. The State is including enhanced I/M as 
a part of the maintenance plan and 15% plan for the counties of Butler, 
Clermont, Hamilton, and Warren. Consequently, approval of the 
Cincinnati area redesignation request is contingent upon USEPA final 
approval of the I/M regulation. A withdrawal of the direct final 
rulemaking for I/M would affect the approval of the Cincinnati 
redesignation.
(g) 1.15 to 1.0 Offset
    Section 182(b)(5) requires all major new sources or modifications 
in a moderate nonattainment area to achieve offsetting reductions of 
VOCs at a ratio of at least 1.15 to 1.0. The Mary Nichols memorandum 
states, under certain circumstances, that areas being redesignated need 
not comply with the requirement that a NSR program be approved prior to 
redesignation. As the State has demonstrated that maintenance can be 
maintained without NSR offsets in effect, the State need not have a 
fully approved NSR program for the Cincinnati area to be redesignated. 
Upon redesignation to attainment, the sources will become subject to 
PSD requirements and offsets will no longer apply. Emissions will 
continue to be tracked on an annual basis.
(h) NOX Requirement
    Section 182(f) establishes NOX requirements for ozone 
nonattainment areas. However, it provides that these requirements do 
not apply to an area if the Administrator determines that NOX 
reductions would not contribute to attainment. The Administrator has 
proposed such a determination for the Cincinnati nonattainment area as 
requested by the State of Ohio (60 FR 3361). If the NOX waiver is 
approved as a final rule, the State of Ohio need not impose the 
NOX control measures in section 182(f) for the Cincinnati area to 
be redesignated. However, if the NOX waiver is not approved, the 
NOX requirements must be met for the area to be redesignated from 
nonattainment to attainment. If a violation is monitored in the 
Cincinnati area (including the counties of Butler, Hamilton, Warren, 
Clermont, and Clinton in Ohio and Boone, Campbell, and Kenton in 
Kentucky), Ohio has committed to adopt and implement NOX RACT 
rules as a contingency measure to be implemented upon a violation of 
the ozone NAAQS which occurs after initial contingency measures are in 
place.

Review of Clinton County Redesignation Request

    Clinton County, located to the northeast of the City of Cincinnati, 
is classified as a transitional area because it was designated 
nonattainment prior to enactment and did not have a monitored ozone 
violation between the period starting January 1, 1987 and ending 
December 31, 1989. The OEPA must demonstrate that the Clinton County 
portion of the submittal meets the five redesignation requirements 
specifically identified in Section 107(d)(3)(E). The requirements are 
listed below.
A. The Area Must Have Attained the Ozone NAAQS
    Monitoring data was submitted for Clinton County for the years 1977 
through 1994. The monitor recorded 5 exceedances of the ozone NAAQS in 
1983 and single exceedances in the years 1988, 1989, and 1993. The data 
is available in AIRS and adequately demonstrates that Clinton County is 
attaining the NAAQS.
B. The Area Must Have a Fully Approved State Implementation Plan (SIP) 
Under Section 110(k)
    Clinton County is a transitional area and therefore is only 
required to submit an emissions inventory as a SIP revision. This 
rulemaking is proposing approval of the emissions inventory as part of 
the maintenance plan and redesignation request for Clinton County. The 
Calcagni memorandum allows approval action on the SIP elements and the 
redesignation request to occur simultaneously. Therefore, the area has 
satisfied this requirement.
C. The Improvement in Air Quality Must Be Due to Permanent and 
Enforceable Reductions in Emissions Resulting From the SIP, Federal 
Measures and Other Permanent and Enforceable Reductions
    The State has shown that in Clinton County, actual total VOC 
emissions were reduced by about 2 tons per day from 1990 to 1993; due 
exclusively to mobile source emission reductions. The mobile emission 
reductions were the result of the lower fuel volatility program and the 
FMVCP. Both of these programs are Federally enforceable and permanent.
D. The Area Must Have a Fully Approved Maintenance Plan Meeting the 
Requirements of Section 175(A)
    The OEPA has met the applicable requirements by submitting a 
[[Page 22343]] maintenance plan consisting of emission inventories for 
area, point, and mobile sources of VOC, NOX, and CO. The 
maintenance plan also consists of a contingency plan with specific 
contingency measures to be implemented in accordance with a specified 
schedule.
    The contingency measures and schedule presented in Section II.D. 
above also apply to Clinton County. Additionally, a monitored violation 
in Clinton County would trigger contingency measures in the counties 
comprising the Cincinnati moderate nonattainment area.
E. The Area Must Have Met All Applicable Requirements Under Section 110 
and Part D
    The USEPA has interpreted section 107(d)(3)(E)(ii) to mean that the 
applicable requirements that an area must satisfy before it can be 
redesignated are the requirements under section 110 (regarding general 
provisions in a SIP) and under Part D (regarding the requirements for 
nonattainment area plans) that were due before the request was 
submitted. The General Preamble details the requirements for 
transitional areas. Those requirements and their applicability to 
Clinton County are presented below.
(1) RACT/Reasonably Available Control Measure (RACM)
    In order to satisfy this requirement, transitional areas must show 
that any RACT deficiencies regarding enforceability of an existing rule 
are corrected. Clinton County was not included in the post 1987 SIP 
call letters issued by USEPA to OEPA (dated May 26, 1988, and November 
8, 1989) and therefore was never cited as having RACT deficiencies. 
Thus, Clinton County has satisfied this requirement.
(2) Attainment Demonstration
    Section 182(a)(4) specifically exempts marginal areas from any 
attainment demonstration requirement. In accordance with the General 
Preamble, this exemption is also reasonably applied to transitional 
areas since such areas are not violating the standard. Therefore, 
Clinton County is not subject to this requirement.
(3) RFP
    Clinton County is already in attainment. This requirement is not 
applicable.
(4) Emissions Inventory
    An emissions inventory is required under section 172(c)(3). Clinton 
County submitted an emissions inventory for VOC's, NOX, and CO. 
The inventory was used to develop a maintenance plan under section 
175(A).
    Emission inventories are supplied for Clinton County for the years 
1990 to 2005. The attainment year is considered to be 1993. The mobile 
source emissions were determined using the MOBILE5A model. The emission 
factors calculated by the model were multiplied by the area VMT's. Area 
source emissions were estimated using growth indicators as recommended 
by USEPA. These indicators included population growth, industrial 
activity, and gasoline consumption. There are no major point sources of 
VOC, NOX, or CO in Clinton County. The reduction in mobile source 
emissions from the 1990 base year to the 1993 attainment year are 
attributed to the implementation of two federal programs: Lower fuel 
volatility and the FMVCP. The following table shows the Clinton County 
inventory figures.

                                       Summary of VOC Emissions (Tons/Day)                                      
----------------------------------------------------------------------------------------------------------------
                                1990 Base    1993 Attain   1996 Proj.    1999 Proj.    2002 Proj.    2005 Proj. 
----------------------------------------------------------------------------------------------------------------
Point.......................          0.0           0.0           0.0           0.0           0.0           0.0 
Area........................         11.3          11.33         11.36         11.39         11.42         11.45
Mobile......................          5.04          3.27          2.82          2.80          2.31          2.04
                             -----------------------------------------------------------------------------------
      Totals................         16.34         14.60         14.18         14.19         13.73         13.49
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                       Summary of CO Emissions (tons/day)                                       
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Point.......................          0.0           0.0           0.0           0.0           0.0           0.0 
Area........................         24.2          24.3          24.4          24.5          24.7          24.8 
Mobile......................         29.2          20.1          17.3          16.9          14.4          13.3 
                             -----------------------------------------------------------------------------------
      Totals................         53.4          44.4          41.7          41.4          39.1          38.1 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                      Summary of NOX Emissions (tons/day)                                       
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Point.......................          0.0           0.0           0.0           0.0           0.0           0.0 
Area........................          1.62          1.63          1.64          1.64          1.65          1.66
Mobile......................          4.80          4.19          3.69          3.65          3.13          2.73
                             -----------------------------------------------------------------------------------
      Totals................          6.42          5.82          5.33          5.29          4.78          4.39
----------------------------------------------------------------------------------------------------------------

(5) New Source Review
    Section 172(c)(5) requires permits for the construction and 
operation of new and modified major stationary sources anywhere in the 
nonattainment area. The USEPA has determined that areas being 
redesignated need not comply with the requirement that a New Source 
Review (NSR) program be approved prior to redesignation provided that 
the area demonstrates maintenance of the standard without part D NSR in 
effect. The rationale for this view is described in a memorandum from 
Mary Nichols, Assistant Administrator for Air and Radiation, dated 
October 14, 1994, entitled ``Part D New Source Review Requirements for 
Areas Requesting Redesignation to Attainment''. The State of Ohio has 
demonstrated that Clinton County 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 Cincinnati. The State's Prevention of 
Significant Deterioration [[Page 22344]] (PSD) program will become 
effective in Clinton County upon redesignation to attainment.
(6) Monitoring
    Nonattainment areas must meet the applicable monitoring 
requirements of section 110(a)(2). Clinton County has met the 
monitoring requirement by conducting ambient air monitoring to verify 
the attainment status of the area and by making the data available in 
AIRS.
(7) Contingency Measures
    The contingency measures presented in Section II.D. above also 
apply to Clinton County. Additionally, a monitored violation in Clinton 
County would trigger contingency measures in the counties comprising 
the Cincinnati moderate nonattainment area.
    The Clinton County portion of the OEPA submittal demonstrates that: 
(i) The area has attained the NAAQS; (ii) the SIP has been fully 
approved under section 110(k); (iii) the improvement in air quality is 
due to permanent and enforceable measures; (iv) the maintenance plan 
meets the requirements of section 175(A); and (v) the area has met all 
applicable requirements under section 110 and Part D. Therefore, the 
OEPA has demonstrated that Clinton County satisfies the CAAA 
requirements for redesignating a nonattainment area to attainment.

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 Cincinnati nonattainment area are predicted to remain 
below attainment levels for the next ten years. Should emissions exceed 
attainment levels, the contingency plan will be triggered. In addition, 
eight years after redesignation to attainment, Ohio is required to 
submit a revision to the maintenance plan which demonstrates that the 
NAAQS will be maintained until the year 2015. The USEPA is currently 
developing policy which will address long range impacts of ozone 
transport. The USEPA is working with the States and other organizations 
to design and complete studies which consider upwind sources and 
quantify their impacts. The USEPA intends to address the transport 
issue through Section 110 based on a domain-wide modeling analysis.

III. Proposed Rulemaking Action and Solicitation of Public Comment

    The State of Ohio has met the submission requirements of the CAAA 
for revising the Ohio ozone SIP. The USEPA is proposing approval of the 
redesignation of the Cincinnati moderate nonattainment area, consisting 
of the counties of Butler, Warren, Clermont, and Hamilton, to 
attainment for ozone. In addition, USEPA is proposing approval of the 
redesignation to attainment for Clinton County. The USEPA is also 
proposing approval of the maintenance plan for each area into the ozone 
SIP. As noted earlier, final approval of the Cincinnati area request is 
contingent upon full approval of the required VOC RACT rules, Ohio's I/
M SIP revision, the 15% Rate of Progress Plan, Cincinnati's base-year 
emissions inventory, and the NOX waiver for Cincinnati.
    Public comments are solicited on USEPA's proposed rulemaking 
action. Public comments received by June 5, 1995 will be considered in 
the development of USEPA's final rulemaking action.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. Each request for revision to any SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from Executive Order 12866 review.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, USEPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, Part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of State action. The 
CAA forbids USEPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).
    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995, 
USEPA must undertake various actions in association with proposed or 
final rules that include a Federal mandate that may result in estimated 
costs of $100 million or more to the private sector, or to State, 
local, or tribal governments in the aggregate.
    Through submission of the State implementation plan or plan 
revisions approved in this action, the State and any affected local or 
tribal governments have elected to adopt the program provided for under 
section 175A of the Clean Air Act. The rules and commitments being 
proposed for approval in this action may bind State, local, and tribal 
governments to perform certain actions and also may ultimately lead to 
the private sector being required to perform certain duties. To the 
extent that the rules and commitments being proposed for approval by 
this action will impose or lead to the imposition of any mandate upon 
the State, local, or tribal governments either as the owner or operator 
of a source or as a regulator, or would impose or lead to the 
imposition of any mandate upon the private sector, EPA's action will 
impose no new requirements; such sources are already subject to these 
requirements under State law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, result 
from this action. The USEPA has also determined that this action does 
not include a mandate that may result in estimated costs of $100 
million or more to State, local, or tribal governments in the aggregate 
or to the private sector.

List of Subjects

40 CFR Part 52

    Air pollution control, Nitrogen dioxide, Ozone, Reporting and 
[[Page 22345]] recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Air pollution control.

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

    Dated: April 21, 1995.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 95-11035 Filed 5-4-95; 8:45 am]
BILLING CODE 6560-50-P