[Federal Register Volume 60, Number 115 (Thursday, June 15, 1995)]
[Proposed Rules]
[Pages 31433-31440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14685]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[OH79-1-6970; FRL-5221-8]


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

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Proposed rule.

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SUMMARY: The Ohio Environmental Protection Agency has requested the 
redesignation of the Cleveland/Akron/Lorain metropolitan area 
(consisting of the Ohio counties of Lorain, Cuyahoga, Lake, Ashtabula, 
Geauga, Medina, Summit and Portage) from moderate nonattainment to 
attainment for ozone. Before the request can be approved through final 
rulemaking, several State Implementation Plan (SIP) revisions must be 
approved. The USEPA is rulemaking, or has rulemade, separately 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, the 182(b)(4) 
inspection and maintenance plan, and the attainment demonstration. Upon 
final approval of the required plan elements, the CAL nonattainment 
area will have met all of the requirements for redesignation specified 
under section 107(d)(3)(E). Therefore, the USEPA is proposing approval 
of the redesignation request and maintenance plan for the CAL area of 
Ohio.

DATES: Comments on this redesignation and on the proposed USEPA action 
must be received by July 17, 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 Cleveland/Akron/Lorain (CAL) area of Ohio 
(consisting of the counties of Lorain, Ashtabula, Cuyahoga, Geauga, 
Lake, Medina, Portage, and Summit) from nonattainment to attainment for 
ozone. The USEPA received the request for redesignation to attainment 
on November 15, 1994.
    [[Page 31434]] On November 15, 1990, the Clean Air Act Amendments 
of 1990 (CAAA) were enacted. Pursuant to Section 107(d)(4)(A), the CAL 
was designated as a moderate ozone nonattainment area. As explained 
below, the CAL area had been designated nonattainment prior to the 
enactment of the 1990 CAAA. A review of the CAL area redesignation 
request is presented below.

II. Redesignation Review Criteria

    The Clean Air Act 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 Areas 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 CAL 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 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 from the CAL area 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 three most recent years, 1992 through 1994. This data has been 
quality assured and is recorded in AIRS. No violations were recorded 
during this three-year time period.
    The CAL moderate nonattainment area contains ten 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 for 
the three year period is in Cuyahoga County and has an annual average 
exceedance value of 1.00. The only other exceedance recorded during the 
three year period was in 1994 at a monitor in Medina County. This was a 
monitor that was relocated in 1993 due to operational problems. The CAL 
moderate nonattainment 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 CAL 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 CAL 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 CAL area was classified as a moderate 
nonattainment area and as a result was required to 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. Exceptions to this policy 
apply to only four program areas: Basic inspection and maintenance; 
annual updates of vehicle miles traveled forecasts and annual estimates 
of actual vehicle miles traveled for Carbon Monoxide (CO) nonattainment 
areas; nitrogen oxide reasonably available control technology (RACT), 
and small business assistance programs.
    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 rulemaking, or has rulemade, separately on the Volatile 
Organic Compounds (VOC) RACT rules, the emissions inventory, NOX 
RACT waiver, and I/M plan. Final approval of the required submittals 
will provide the area with a fully approved SIP at the time of final 
rulemaking on the redesignation request. The CAL area was also required 
to submit a 15 percent Rate of Progress Plan and an attainment 
demonstration. However, a May 10, 1995, memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, entitled 
``Reasonable Further Progress, Attainment Demonstration, and Related 
Requirements for Ozone Nonattainment Areas Meeting the Ozone National 
Ambient Air Quality Standard'', states that upon a determination made 
by USEPA that an area has attained the NAAQS for ozone, that area need 
not submit SIP revisions concerning [[Page 31435]] reasonable further 
progress (15% plan) and attainment demonstrations for as long as the 
area continues to meet the standard. It is expected that such a 
determination will soon be made, in separate rulemaking, for the CAL 
area. If such a determination is made, the final approval of the CAL 
redesignation request will no longer be contingent upon USEPA approval 
of the 15% plan or the attainment demonstration.
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 CAL 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 from 1990 to 1993 was 66 tons per day. These 
reductions were quantified using the MOBILE5A model.
    From the years 1990 to 1993, point source VOC emissions increased 
by 2.7 tpd, while area source emissions decreased by 1.8 tpd. Area 
sources were assumed to change, based on historical population 
information as interpolated by Bureau of Economic Analysis (BEA) data 
for the years 1988 to 1995, on industrial employment data, and on 
gasoline sale trends. Point source emissions for 1990 were developed 
from reports submitted to the local air agencies by facilities with 
actual combined VOC emissions of 10 tons per year or more. The 
following table shows VOC emissions for area, point, and mobile sources 
from 1990 to 1993.

------------------------------------------------------------------------
                                                         1990     1993  
------------------------------------------------------------------------
Area (TPD)..........................................     147.7     145.9
Point...............................................      74.7      77.4
Mobile..............................................     248.4     182.3
                                                     -------------------
      Total.........................................     470.8     405.6
------------------------------------------------------------------------

    The State has shown that actual total VOC emissions were reduced by 
14 percent or about 65 tons per day from 1990 to 1993; due primarily 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 element 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 the 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 CAL 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. Final approval of the CAL nonattainment region 
emission inventories is needed before the redesignation request can be 
approved.

Maintenance Demonstration

    The CAL area submittal shows projected VOC, NOX, and CO 
emissions from the 1990 base year for the years 1993, 1996, 2000, and 
2006. The projections show that the level of emissions established for 
the attainment year inventory will not be exceeded. The following 
tables list the VOC and NOX emissions for the base year, final 
year and interim years.

                                                                        
[[Page 31436]]
                                       Summary of VOC Emissions (tons/day)                                      
----------------------------------------------------------------------------------------------------------------
                                                  1990 Base   1993 Attain   1996 Proj.   2000 Proj.   2006 Proj.
----------------------------------------------------------------------------------------------------------------
Point..........................................         74.7         77.4         80.2         84.1         90.5
Area...........................................        147.7        145.9        144.6        143.0        140.6
Mobile.........................................        248.4        181.4        131.2         78.4         48.8
                                                ----------------------------------------------------------------
    Totals.....................................        470.8        404.7        356.0        305.5        279.9
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                                       Summary of NOX Emissions (tons/day)                                      
----------------------------------------------------------------------------------------------------------------
                                                  1990 Base   1993 Attain   1996 Proj.   2000 Proj.   2006 Proj.
----------------------------------------------------------------------------------------------------------------
Point..........................................        244.7        242.6        240.0        236.0        232.3
Area...........................................         55.1         54.7         54.4         54.1         53.2
Mobile.........................................        176.6        159.9        142.2        95.57         75.4
                                                ----------------------------------------------------------------
      Totals...................................        476.4        457.2        436.6        385.7        360.9
----------------------------------------------------------------------------------------------------------------

  The OEPA is revising the base year emission and projected year 
inventory numbers in response to comments made by USEPA. Although the 
revisions will change the 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 the year 2006 
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.
    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 were 
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 
emission factors from USEPA's Mobile5A emissions model to the projected 
Vehicle Miles Travelled (VMT) in the CAL 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 2006 relied on 
the development of future highway networks, future forecasts of socio-
economic data, and travel patterns in the CAL area. VMTs are projected 
to increase 9.6 percent by the year 2006 from the 1990 base year. The 
mobile source emissions budget for the year 2006 for VOC and NOX 
for purposes of transportation conformity is 48.8 tons/day and 75.4 
tons/day, respectively.
    Several programs account for the significant reductions in mobile 
emissions predicted through the year 2006. These programs, which are 
Federally approved or in the process of being approved, include the 
enhanced inspection and maintenance, State II vapor recovery, 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 and Federally enforceable 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 gasoline, light 
duty truck 1 and 2, and heavy duty gasoline.

Monitoring Network

    There are currently ten monitors measuring ozone in the CAL area. 
The monitors are operated by the local air agencies and the data is 
recorded in AIRS. The CAL local air agencies commit to continue 
operating and maintaining the ozone monitor network consistent with the 
requirements of Federal and State monitoring guidelines in order to 
continue to verify the attainment status of the area.

Contingency Plan

    The contingency plan for the CAL 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 CAL 
area, 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. Annual progress reports will summarize 
available VOC emissions data during years when area and mobile source 
inventories are not developed.
    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 [[Page 31437]] 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 in 
the CAL area. Initially, the State, in cooperation with NOACA, AMATS, 
and the local air agencies, 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 
implemented. Contingency measures will be implemented according to the 
following schedule:

------------------------------------------------------------------------
                                       Completion time after triggering 
              Activity                   event (monitored violation)    
------------------------------------------------------------------------
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 after 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 EPA 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 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 CAL area SIP was reviewed to ensure that 
all requirements under the amended Act were satisfied. USEPA has 
determined that the CAL area SIP is consistent with the requirements of 
section 110 of the amended Act.
Part D: General Provisions for Nonattainment Areas

    Before the CAL 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 general 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 CAL 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 section 172(c), as well as the 
applicable requirements of subpart 2 of part D.

Section 172(c)  Requirements

    The State redesignation request for the CAL area 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. In 
accordance with the General Preamble (57 FR 13564), this requirement is 
not relevant because the CAL area has already demonstrated monitored 
attainment of the ozone NAAQS. Likewise, because the area has already 
attained the NAAQS, the contingency measures required under section 
172(c)(9) are not applicable.
    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 [[Page 31438]] 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 CAL 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 the area. The State's 
Prevention of Significant Deterioration (PSD) program will become 
effective in the CAL area upon redesignation to attainment.

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 redesignation request was 
submitted before these SIP revisions came due, they are not applicable 
requirements under section 107(d)(3)(E)(v) and, thus, do not affect 
approval of this redesignation request.

Subpart 2  Section 182 Requirements

    The CAL 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 CAL 
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. Approval of the redesignation 
request is contingent upon approval of the 1990 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 
CAL Moderate Nonattainment area. The 15% plan was submitted to USEPA on 
March 14, 1994, and is currently under review. Additionally, an 
attainment demonstration was required for the CAL area which must show 
that the reductions are adequate to show attainment with the NAAQS by 
1996. The OEPA submitted an attainment demonstration on March 14, 1994. 
It is currently under review. However, as mentioned previously, the May 
10, 1995, memorandum from John S. Seitz states that upon a 
determination made by USEPA that an area has attained the NAAQS for 
ozone, that area need not submit SIP revisions concerning reasonable 
further progress (15% plan) and attainment demonstrations for as long 
as the area continues to meet the standard. It is expected that such a 
determination will soon be made, in separate rulemaking, for the CAL 
area. If such a determination is made, the final approval of the CAL 
redesignation request will no longer be contingent upon USEPA approval 
of the 15% plan or the attainment demonstration.
(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 Operations Processes in the 
Synthetic Organic Chemical Manufacturing Industry'', August 1993. 
However, the CAL 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) 
issues 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. A direct final rule approving the revision was published on 
March 23, 1995.
    (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. Approval 
of the redesignation request is contingent upon approval of the non-CTG 
rules.
(e) Stage II Vapor Recovery
    Section 182(b)(3) requires States to submit Stage II rules. 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 CAL 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 
on April 6, 1994 (59 FR 16262), 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 OEPA submitted the I/M rules on May 26, 1994. The USEPA 
published a [[Page 31439]] direct final rule approving the rules on 
April 4, 1995. The direct final rule becomes effective on June 3, 1995.
    The legislation authorizing the State to establish an I/M program 
also allows the State to implement 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 all of the counties in the CAL 
area except Ashtabula. Ashtabula was excluded because it was not 
required to have a vehicle I/M program under the pre-1990 CAA.
(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 that areas being redesignated need not comply with the 
requirement that a NSR program be approved prior to redesignation so as 
they have an approved Prevention of Significant Deterioration (PSD) SIP 
or delegated PSD authority. The State has demonstrated that maintenance 
can be achieved without NSR offsets in effect, therefore, this 
requirement is not applicable. 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 CAL 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 CAL 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 CAL 
area, the State has committed (as required) to adopt and implement 
NOX RACT rules as a contingency measure to be implemented upon any 
violation of the ozone NAAQS which occurs after initial contingency 
measures are in place.

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 CAL 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 CAL moderate nonattainment area, consisting of the 
counties of Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, 
and Summit, to attainment for ozone. The USEPA is also proposing 
approval of the maintenance plan into the ozone SIP. As noted earlier, 
final approval of the CAL area request is contingent upon final 
approval of the required VOC RACT rules, Ohio's I/M SIP revision, the 
15 percent Rate of Progress Plan, the attainment demonstration, the CAL 
base-year emissions inventory, and the NOX waiver for the CAL 
area. However, as mentioned above, publication of a final rule 
determining that the CAL area has attained the NAAQS for ozone will 
remove the 15% plan and the attainment demonstration as requirements 
for final approval of the request for redesignation to attainment for 
ozone for the CAL area.
    Public comments are solicited on USEPA's proposed rulemaking 
action. Public comments received by July 17, 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 EPA 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, 
[[Page 31440]] 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. Therefore, the USEPA has 
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 
recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Air pollution control.

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

    Dated: June 7, 1995.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 95-14685 Filed 6-14-95; 8:45 am]
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