[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Proposed Rules]
[Pages 77666-77678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22140]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2006-0046; FRL-8261-6]


Determination of Attainment, Approval and Promulgation of 
Implementation Plans and Designations of Areas for Air Quality Planning 
Purposes; Ohio; Redesignation of Belmont County to Attainment of the 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On June 20, 2006, the Ohio Environmental Protection Agency 
(Ohio EPA), submitted a request for EPA approval of redesignation of 
Belmont County (the Ohio portion of the Wheeling, West Virginia-Ohio 
(WV-OH) bi-state ozone nonattainment area) to attainment of the 8-hour 
ozone National Ambient Air Quality Standard (NAAQS) and a request for 
EPA approval of an ozone maintenance plan for Belmont County as a 
revision to the Ohio State Implementation Plan (SIP). On August 24, 
2006, the State submitted public hearing records for the ozone 
redesignation request and ozone maintenance plan. On December 4, 2006, 
the State submitted a clarification of its intent to implement 
contingency measures in the event of an ozone standard violation in the 
Wheeling, WV-OH area subsequent to the redesignation of this area to 
attainment of the ozone standard. EPA is proposing to approve Ohio's 
request and corresponding SIP revision. EPA is also proposing to 
approve the Volatile Organic Compounds (VOC) and Nitrogen Oxides 
(NOX) Motor Vehicle Emission Budgets (MVEBs) for Belmont 
County, as supported by the ozone maintenance plan for this County, for 
purposes of conformity determinations.

DATES: Comments must be received on or before January 26, 2007. Submit 
your comments, identified by Docket ID No. EPA-R05-OAR-2006-0046, by 
one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: (312) 886-5824.
     Mail: John M. Mooney, Chief, Criteria Pollutant Section, 
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois. Such deliveries 
are only accepted during the Regional Office's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office's official hours of operation 
are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0046. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI, or otherwise protected, through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters and any form of 
encryption, and should be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hardcopy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hardcopy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
It is recommended that you telephone Edward Doty, Environmental 
Scientist, at (312) 886-6057, before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist, 
Criteria Pollutant Section, Air Programs Branch (AR-18), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6057, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. This supplementary

[[Page 77667]]

information section is arranged as follows:
I. What Action is EPA Proposing to Take?
II. What Is the Background for These Actions?
III. What Are the Criteria for Redesignation to Attainment?
IV. What Are EPA's Analyses of the State's Requests and What Are the 
Bases for EPA's Proposed Actions?
V. Has Ohio Adopted Acceptable Motor Vehicle Emissions Budgets for 
the End Year of the Ozone Maintenance Plans Which Can Be Used To 
Support Conformity Determinations?
VI. What Are the Effects of EPA's Proposed Actions?
VII. Statutory and Executive Order Reviews

I. What Action is EPA Proposing to Take?

    We are proposing to take several related actions for Belmont 
County, Ohio. First, we are proposing to determine that Belmont County 
has attained the 8-hour ozone NAAQS and that Belmont County and the 
State of Ohio have met the requirements for redesignation to attainment 
of the 8-hour ozone NAAQS under section 107(d)(3)(E) of the CAA. We 
are, therefore, proposing to approve the June 20, 2006 and August 24, 
2006 requests from the State of Ohio to change the designation of 
Belmont County from nonattainment to attainment of the 8-hour ozone 
NAAQS.\1\
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    \1\ A separate proposed rule from EPA addresses a request from 
the State of West Virginia to redesignate Marshall and Ohio 
Counties, West Virginia to attainment of the 8-hour ozone NAAQS. See 
71 FR 57894, October 2, 2006.
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    Second, we are proposing to approve Ohio's ozone maintenance plan 
for Belmont County as a revision to the Ohio SIP. The maintenance plan 
is designed to keep Belmont County and, in conjunction with a West 
Virginia ozone maintenance plan for Marshall and Ohio Counties, the 
entire Wheeling, WV-OH area in attainment of the 8-hour ozone NAAQS for 
the next 12 years, through 2018. As supported by and consistent with 
the ozone maintenance plan, we are also proposing to approve the 2018 
VOC and NOX MVEBs for Belmont County for conformity 
determination purposes.

II. What is the Background for These Actions?

    EPA has determined that ground-level ozone is detrimental to human 
health. On July 18, 1997, EPA promulgated an 8-hour ozone NAAQS (62 FR 
38856) of 0.08 parts per million parts of air (0.08 ppm) (80 parts per 
billion (ppb)).\2\ This 8-hour ozone standard replaced a prior 1-hour 
ozone NAAQS, which was promulgated on February 8, 1979 (44 FR 8202) and 
revoked on June 15, 2005.
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    \2\ This standard is violated in an area when any ozone monitor 
in the area (or in its impacted downwind environs) records 8-hour 
ozone concentrations with a three-year average of the annual fourth-
highest daily maximum 8-hour ozone concentrations equaling or 
exceeding 85 ppb.
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    Ground-level ozone is not emitted directly by sources. Rather, 
emitted NOX and VOC react in the presence of sunlight to 
form ground-level ozone along with other secondary compounds. 
NOX and VOC are referred to as ``ozone precursors.''
    The CAA required EPA to designate as nonattainment any area that 
violated the 8-hour ozone NAAQS. Ozone data for the three most recent 
years at the time when the 8-hour ozone designations were initially 
established (2001-2003) were considered to establish the ozone 
designations. The Federal Register notice making these designations was 
signed on April 15, 2004, and was published on April 30, 2004 (69 FR 
23857).
    The CAA contains two sets of provisions--subpart 1 and subpart 2--
that address planning and emission control requirements for 
nonattainment areas. (Both are found in title I, part D of the CAA.) 
Subpart 1 contains general, less prescriptive requirements for 
nonattainment areas for any pollutant governed by a NAAQS, and applies 
to all nonattainment areas. Subpart 2 contains more specific 
requirements for certain ozone nonattainment areas, and applies to 
ozone nonattainment areas classified under section 181 of the CAA.
    In the April 30, 2004 designation rulemaking, EPA divided 8-hour 
ozone nonattainment areas into the categories of subpart 1 
nonattainment (``basic'' nonattainment) and subpart 2 nonattainment 
(``classified'' nonattainment) based on their 8-hour ozone design 
values (i.e., on the three-year average of the annual fourth-highest 
daily maximum 8-hour ozone concentrations at the worst-case monitoring 
sites in the designated areas) and on their 1-hour ozone design values 
(i.e., on the fourth-highest daily maximum 1-hour ozone concentrations 
over the three-year period at the worst-case monitoring sites in the 
designated areas).\3\ 8-hour ozone nonattainment areas with 1-hour 
ozone design values equaling or exceeding 121 ppb were designated as 
subpart 2, classified nonattainment areas. Classification of the 
subpart 2 nonattainment areas were based on the levels of the monitored 
8-hour ozone design values for each nonattainment area. All other 8-
hour nonattainment areas were designated as subpart 1, basic 
nonattainment areas, which have no area-specific classifications.
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    \3\ The 8-hour ozone design value and the 1-hour ozone design 
value for each area were not necessarily recorded at the same 
monitoring site. The worst-case monitoring site for each ozone 
concentration averaging time was considered for each area.
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    Emission control requirements for classified nonattainment areas 
are linked to area classifications. Areas with more serious ozone 
pollution problems are subject to more prescribed requirements. The 
requirements are designed to bring areas into attainment by their 
specified attainment dates, which also depend on the area 
classifications. For example, marginal nonattainment areas are subject 
to the fewest mandated control requirements and have the earliest 
attainment deadline. Whereas, severe nonattainment areas are required 
to meet more mandated emission controls, including tighter restrictions 
on the sizes of existing VOC and NOX sources required to 
install emission controls and tighter restrictions on mandated emission 
controls and offsetting of new sources, and have a later attainment 
deadline. In contrast, the attainment deadline for basic nonattainment 
areas does not depend on the magnitude of the area 8-hour ozone design 
values.
    Under EPA regulations at 40 CFR part 50, the 8-hour ozone standard 
is attained when the three-year average of the annual fourth-highest 
daily maximum 8-hour average ozone concentrations is less than or equal 
to 0.08 ppm (i.e., less than or equal to 0.084 ppm or 84 ppb based on 
data rounding conventions specified in appendix I of 40 CFR part 50) 
over the most recent three-year period at all monitors in an area and 
in its impacted downwind environs. (See 69 FR 23857 (April 30, 2004) 
for further information.) Such supporting data must meet a minimum data 
completeness requirement. The completeness requirement (specified in 
appendix I of 40 CFR part 50) for ozone data supporting a determination 
of attainment and a redesignation to attainment is met when the annual 
average percent of days with valid ambient monitoring data is greater 
than 90 percent for the ozone seasons during the three-year period, 
with no single year with less than 75 percent data completeness during 
the ozone season.
    In the April 30, 2004 designation/classification rulemaking, the 
Wheeling, WV-OH area, including Belmont County, was designated as 
subpart 1 nonattainment for the 8-hour ozone standard. The designation 
was based on ozone data collected during the 2001-2003 period.

[[Page 77668]]

    On June 20, 2006, the State of Ohio requested redesignation of 
Belmont County to attainment of the 8-hour ozone NAAQS based on ozone 
data collected in these Counties during the 2003-2005 period. On August 
24, 2006, the State of Ohio completed the ozone redesignation request 
by submitting documentation of the public hearing conducted by the 
State for the redesignation request and ozone maintenance plan. All 
information contained in the State's June 20, 2006 ozone redesignation 
request submittal was unchanged through the State's public review 
process (summarized in the August 24, 2006 submittal). On December 4, 
2006, the State submitted a clarification to the State's ozone 
maintenance plan, indicating that the State is committed to implement 
contingency emission control measures in the event of a violation of 
the 8-hour ozone standard subsequent to the redesignation of Belmont 
County and the Wheeling, WV-OH area to attainment of the 8-hour ozone 
NAAQS.
    Note that the State of West Virginia has also submitted an ozone 
redesignation request for the West Virginia portion of the Wheeling, 
WV-OH area (for Marshall and Ohio Counties). The West Virginia ozone 
redesignation request is being addressed through a separate rulemaking 
process. EPA published a notice of proposed rulemaking on the West 
Virginia request on October 2, 2006 (71 FR 57894).

III. What Are the Criteria for Redesignation to Attainment?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation to attainment provided that:
    (1) The Administrator determines that the area has attained the 
applicable NAAQS based on current air quality data; (2) the 
Administrator has fully approved an applicable state implementation 
plan for the area under section 110(k) of the CAA; (3) the 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable emission reductions resulting from 
implementation of the applicable SIP, Federal air pollution control 
regulations, and other permanent and enforceable emission reductions; 
(4) the Administrator has fully approved a maintenance plan for the 
area meeting the requirements of section 175A of the CAA; and (5) the 
state containing the area has met all requirements applicable to the 
area under section 110 and part D of the CAA.
    EPA provided guidance on redesignations in the General Preamble for 
the Implementation of Title I of the CAA Amendments of 1990 on April 
16, 1992 (57 FR 13498), and supplemented this guidance on April 28, 
1992 (57 FR 18070). EPA provided further guidance on processing 
redesignation requests in the following documents:
    ``Ozone and Carbon Monoxide Design Value Calculations,'' Memorandum 
from Bill Laxton, June 18, 1990;
    ``Maintenance Plans for Redesignation of Ozone and Carbon Monoxide 
Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, April 30, 1992;
    ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992;
    ``State Implementation Plan (SIP) Actions Submitted in Response to 
Clean Air Act (Act) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992;
    ``Technical Support Documents (TSD's) for Redesignation of Ozone 
and Carbon Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, 
Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
    ``State Implementation Plan (SIP) Requirements for Areas Submitting 
Requests for Redesignation to Attainment of the Ozone and Carbon 
Monoxide (CO) National Ambient Air Quality Standards (NAAQS). On or 
After November 15, 1992,'' Memorandum from Michael H. Shapiro, Acting 
Assistant Administrator for Air and Radiation, September 17, 1993;
    ``Use of Actual Emissions in Maintenance Demonstrations for Ozone 
and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, Acting 
Director, Air Quality Management Division, November 30, 1993;
    ``Part D New Source Review (part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and,
    ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, May 10, 1995.

IV. What Are EPA's Analyses of the State's Requests and What Are the 
Bases for EPA's Proposed Actions?

    EPA is proposing to: (1) Determine that Belmont County has attained 
the 8-hour ozone standard and approve the redesignation of this County 
to attainment of the 8-hour ozone NAAQS; and (2) approve the ozone 
maintenance plan for this County and the VOC and NOX MVEBs 
supported by the ozone maintenance plan. The bases for our proposed 
determination and approvals are as follows:

1. Belmont County and the Wheeling, WV-OH Area Have Attained the 8-Hour 
Ozone NAAQS

    For ozone, as noted above, an area may be considered to be 
attaining the 8-hour ozone NAAQS if there are no violations of the 
NAAQS, as determined in accordance with 40 CFR 50.10 and 40 CFR part 50 
appendix I based on the most recent three complete, consecutive 
calendar years of quality-assured air quality monitoring data at all 
monitoring sites in the area and in its impacted downwind environs. To 
attain this standard, the average of the annual fourth-high daily 
maximum 8-hour average ozone concentrations measured and recorded at 
each monitor (the monitoring site's ozone design value) within the area 
and in its impacted downwind environs over the most recent three-year 
period must not exceed the ozone standard. Based on the ozone data 
rounding convention described in 40 CFR part 50 appendix I, the 8-hour 
ozone standard is attained if the area's ozone design value \4\ is 
0.084 ppm (84 ppb) or less. The data must be collected and quality-
assured in accordance with 40 CFR part 50, and must be recorded in 
EPA's Air Quality System (AQS).
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    \4\ The worst-case monitoring site-specific ozone design value 
in the area or in its impacted downwind environs.
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    As part of the June 20, 2006 ozone redesignation request, the Ohio 
EPA submitted ozone monitoring data indicating the top four daily 
maximum 8-hour ozone concentrations for each monitoring site in the 
Wheeling, WV-OH area during the 2002-2005 period. These ozone 
concentrations are part of the quality-assured ozone data collected in 
this area and recorded in the AQS. The annual fourth-high 8-hour daily 
maximum concentrations for each year during the 2002-2005 period, along

[[Page 77669]]

with the three-year averages,\5\ are summarized in Table 1.
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    \5\ Three-year averages are specified for the last year of each 
three-year period.

                            Table 1.--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations in Parts Per Million (ppm)
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                                                                                                              Percent       Fourth-high     Three-year
                Site ID                            County                      Address             Year    observations    concentration      average
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54-069-0007............................  Ohio (WV).................  Northern Panhandle........     2002             100           0.097              NA
54-069-0007............................  Ohio (WV).................  Northern Panhandle........     2003              99           0.076              NA
54-069-0009............................  Ohio (WV).................  Wheeling EPA..............     2004             100           0.063           0.079
54-069-0010............................  Ohio (WV).................  Warwood Water Plant.......     2005             100           0.089           0.076
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    It is noted that the ozone monitor for this area was moved several 
times during the three-year attainment period. While the monitor was 
relocated twice after 2003, the monitoring site remained within five 
miles of its original location in 2003. Statistical analysis of data 
submitted by the State of West Virginia, which was conducted by EPA 
during the review of the West Virginia ozone redesignation request, led 
to the conclusion that the various ozone monitoring sites can be 
treated as one and that, collectively, the three monitoring sites have 
maintained the integrity of the conclusions drawn concerning the three-
year averages of the fourth-high daily maximum 8-hour ozone 
concentrations. (See the Technical Support Document prepared for the 
review of the West Virginia ozone redesignation request available at 
EPA's Region III Air Division office. Also see 71 FR 57894, October 2, 
2006.)
    The monitored ozone concentrations for 2002-2004 show that the 
entire Wheeling, WV-OH area has attained the 8-hour ozone standard with 
a current (2003-2005) ozone design value of 0.076 ppm. The data 
collected at the Ohio County, West Virginia monitoring sites satisfy 
the CAA requirement that the ozone standard must be attained at all 
sites in the ozone nonattainment area. The three-year ozone design 
value for the nonattainment area is less than 0.085 ppm.
    West Virginia has committed to continue ozone monitoring in this 
area as part of the State's ozone maintenance plan (see 71 FR 57897, 
October 2, 2006). Since the State of Ohio does not conduct ozone 
monitoring in this area, but relies on the State of West Virginia for 
this purpose, the commitment of West Virginia to continue monitoring in 
this area meets the redesignation requirement, in accordance with 40 
CFR part 58, that ozone monitoring will be continued to assure 
continued attainment of the 8-hour ozone standard.
    We believe that the ozone monitoring data submitted by the State of 
West Virginia provide an adequate demonstration that the Wheeling, WV-
OH area has attained the 8-hour ozone NAAQS. Therefore, we propose to 
determine that Belmont County, Ohio, as part of the Wheeling, WV-OH 
area, has attained the 8-hour ozone NAAQS.
    Please note that available, non-quality assured data for 2006 show 
that this area continues to attain the 8-hour ozone standard through 
2006.

2. Belmont County and the State of Ohio Have Met All Applicable 
Requirements Under Section 110 and Part D of the CAA and This Area Has 
a Fully Approved SIP Under Section 110(k) of the CAA

    We have determined that Belmont County and the State of Ohio have 
met all currently applicable SIP requirements for Belmont County under 
section 110 of the CAA (general SIP requirements). We have determined 
that the Ohio SIP meets the currently applicable SIP requirements under 
subpart 1 part D of title I of the CAA (requirements specific to basic 
ozone nonattainment areas). See section 107(d)(3)(E)(v) of the CAA. In 
addition, we have determined that all applicable requirements are 
approved in the Ohio SIP. See section 107(d)(3)(E)(ii) of the CAA. In 
making these determinations, we determined the CAA requirements which 
are applicable to Belmont County, and determined that the applicable 
portions of the SIP meeting these requirements are fully approved under 
section 110(k) of the CAA. We note that SIPs must be fully approved 
only with respect to currently applicable requirements of the CAA, 
which in this case are those CAA requirements applicable to Belmont 
County at the time the State submitted a complete ozone redesignation 
request for this area, on August 24, 2006.
a. Belmont County Has Met All Applicable Requirements Under Section 110 
and Part D of the CAA
    The September 4, 1992 Calcagni memorandum (see ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E) of the CAA. To qualify for redesignation of an area to 
attainment under this interpretation, the state and the area must meet 
the relevant CAA requirements that apply at the time of the State's 
submittal of a complete redesignation request for the area. See also 
the September 17, 1993 Michael Shapiro memorandum, and 66 FR 12459, 
12465-12466 (March 7, 1995) (redesignation of Detroit-Ann Arbor, 
Michigan to attainment of the 1-hour ozone NAAQS). Applicable 
requirements of the CAA that come due subsequent to the state's 
submittal of a complete redesignation request remain applicable until a 
redesignation of the area to attainment of the standard is approved, 
but are not required as prerequisites to redesignation. See section 
175A(c) of the CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). 
See also 68 FR 25424, 25427 (May 12, 2003) (redesignation of the St. 
Louis/East St. Louis area to attainment of the 1-hour ozone NAAQS).
    General SIP requirements: Section 110(a) of title I of the CAA 
contains the general requirements for a SIP, which include: enforceable 
emission limitations and other control measures, means, or techniques; 
provisions for the establishment and operation of appropriate devices 
necessary to collect data on ambient air quality; and programs to 
enforce the emission limitations. General SIP elements and requirements 
are delineated in section 110(a)(2) of title I, part A of the CAA. 
These requirements and SIP elements include, but are not limited to, 
the

[[Page 77670]]

following: (a) Submittal of a SIP that has been adopted by the State 
after reasonable public notice and a hearing; (b) provisions for 
establishment and operation of appropriate procedures needed to monitor 
ambient air quality; (c) implementation of a source permit program; (d) 
provisions for the implementation of part C requirements (Prevention of 
Significant Deterioration (PSD)) and part D requirements (New Source 
Review (NSR)) for new sources or major source modifications; (e) 
criteria for stationary source emission control measures, monitoring, 
and reporting; (f) provisions for air quality modeling; and (g) 
provisions for public and local agency participation.
    SIP requirements and elements are discussed in the following EPA 
documents: ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992; ``State Implementation Plan 
(SIP) Actions Submitted in Response to Clean Air Act (CAA) Deadlines,'' 
Memorandum from John Calcagni, Director, Air Quality Management 
Division, October 28, 1992; and ``State Implementation Plan (SIP) 
Requirements for Areas Submitting Requests for Redesignation to 
Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air 
Quality Standards (NAAQS) on or after November 15, 1992,'' Memorandum 
from Michael H. Shapiro, Acting Assistant Administrator, September 17, 
1993. See also other guidance documents listed above.
    Section 110(a)(2)(D) of the CAA requires SIPs to contain certain 
measures to prevent sources in a state from significantly contributing 
to air quality problems in another state. To implement this provision, 
EPA required states to establish programs to address transport of air 
pollutants (NOX SIP call and Clean Air Interstate Rule 
(CAIR)). EPA has also found, generally, that states have not submitted 
SIPs under section 110(a)(1) of the CAA to meet the interstate 
transport requirements of section 110(a)(2)(D)(i) of the CAA (70 FR 
21147, April 25, 2005). However, the section 110(a)(2)(D) requirements 
for a state are not linked with a particular nonattainment area's 
classification. EPA believes that the requirements linked with a 
particular nonattainment area's classification are the relevant 
measures to evaluate when reviewing a redesignation request. The 
transport SIP submittal requirements, where applicable, continue to 
apply to a state regardless of the designation of any one particular 
area in the state.
    We believe that these requirements should not be construed to be 
applicable requirements for purposes of redesignation. Further, we 
believe that the other section 110 elements described above that are 
not connected with nonattainment plan submissions and that are not 
linked with an area's attainment status are also not applicable 
requirements for purposes of redesignation. A state remains subject to 
these requirements after an area is redesignated to attainment. We 
conclude that only the section 110 and part D requirements which are 
linked with an area's designation and classification are the relevant 
measures for evaluating this aspect of a redesignation request. This 
approach is consistent with EPA's policy on applicability of conformity 
and oxygenated fuels requirements for redesignation purposes, as well 
as with section 184 ozone transport requirements. See: Reading, 
Pennsylvania proposed and final rulemakings (61 FR 53174-53176, October 
10, 1996 and 62 FR 24826, May 7, 1997); Cleveland-Akron-Loraine, Ohio 
final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida final 
rulemaking (60 FR 62748, December 7, 1995). See also the discussion on 
this issue in the Cincinnati, Ohio ozone redesignation (65 FR 37890, 
June 19, 2000), and the Pittsburgh, Pennsylvania ozone redesignation 
(66 FR 50399, October 19, 2001).
    We believe that section 110 elements not linked to the area's 
nonattainment status are not applicable for purposes of redesignation. 
Nonetheless, we also note that EPA has previously approved provisions 
in the Ohio SIP addressing section 110 elements under the 1-hour ozone 
standard. We have analyzed the Ohio SIP as codified in 40 CFR part 52, 
subpart KK and have determined that it is consistent with the 
requirements of section 110(a)(2) of the CAA. The SIP, which has been 
adopted after reasonable public notice and hearing, contains 
enforceable emission limitations; requires monitoring, compiling, and 
analyzing ambient air quality data; requires preconstruction review of 
new major stationary sources and major modifications of existing 
sources; provisions for adequate funding, staff, and associated 
resources necessary to implement its requirements; requires stationary 
source emissions monitoring and reporting; and otherwise satisfies the 
applicable requirements of section 110(a)(2).
    Part D SIP requirements: EPA has determined that the Ohio SIP meets 
applicable SIP requirements under part D of the CAA. Under part D, an 
area's classification (subpart 1, marginal, moderate, serious, severe, 
and extreme) indicates the requirements to which it will be subject. 
Subpart 1 of part D, found in sections 172-176 of the CAA, sets forth 
the basic nonattainment area plan requirements applicable to all 
nonattainment areas. Subpart 2 of part D, found in section 182 of the 
CAA, establishes additional specific requirements depending on the 
area's nonattainment classification.
    Part D, subpart 1 requirements: For purposes of evaluating this 
redesignation request, the applicable subpart 1 part D requirements for 
all nonattainment areas are contained in sections 172(c)(1)-(9) and 
176. A thorough discussion of the requirements of section 172 can be 
found in the General Preamble for Implementation of Title I (57 FR 
13498). See also 68 FR 4852-4853, a notice of proposed rulemaking for 
an ozone redesignation for the St. Louis area, for a discussion of 
section 172 requirements.
    No requirements under part D of the CAA came due for Belmont County 
prior to the State's submittal (August 24, 2006) of a complete ozone 
redesignation request for this area. For example, the requirement for 
an ozone attainment demonstration, as contained in section 172(c)(1), 
is not yet applicable, nor are the requirements for Reasonably 
Available Control Measures (RACM) and Reasonably Available Control 
Technology (RACT) (section 172(c)(1)), Reasonable Further Progress 
(RFP) (section 172(c)(2)), and attainment plan and RFP contingency 
measures (section 172(c)(9)). Therefore, none of the part D 
requirements are applicable to Belmont County for purposes of 
redesignation.
    Section 176 conformity requirements: Section 176(c) of the CAA 
requires states to establish criteria and procedures to ensure that 
Federally-supported or funded activities, including highway projects, 
conform to the air planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects developed, funded, or approved under Title 23 
U.S.C. and the Federal Transit Act (transportation conformity) as well 
as to all other Federally-supported or funded projects (general 
conformity). State conformity SIP revisions must be consistent with 
Federal conformity regulations that the CAA required the EPA to 
promulgate.
    As with other 8-hour ozone nonattainment area requirements, EPA 
believes that the conformity requirements do not apply for purposes of 
evaluating the ozone redesignation request under section 107(d) of the

[[Page 77671]]

CAA. Further support for this view lies in the fact that state 
conformity rules are still required after redesignation of areas to 
attainment of a NAAQS and Federal conformity rules apply where state 
rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 
2001). See also 60 FR 62748 (December 7, 1995) (Tampa, Florida).
    Part D new source review requirements: EPA 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, since Prevention of Significant Deterioration (PSD) 
requirements will apply after redesignation. A more detailed 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.'' Ohio has demonstrated that Belmont 
County will be able to maintain the 8-hour ozone standard without part 
D NSR in effect, and therefore, we conclude that the State need not 
have a fully approved part D NSR program prior to approval of the 
redesignation request. The State's PSD program will become effective in 
Belmont County upon redesignation to attainment. See rulemakings for 
Detroit, Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-
Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville, 
Kentucky (66 FR 53665, October 23, 2001); Grand Rapids, Michigan (61 FR 
31834-31837, June 21, 1996).
    We conclude that Belmont County and the State of Ohio have 
satisfied all applicable requirements under section 110 and part D of 
the CAA to the extent that these requirements apply for purposes of 
reviewing the State's ozone redesignation request for this area.
b. Belmont County Has a Fully Approved Applicable SIP Under Section 
110(k) of the CAA
    EPA has fully approved the Ohio SIP for Belmont County under 
section 110(k) of the CAA for all applicable requirements. EPA may rely 
on prior SIP approvals in approving a redesignation request (See the 
September 4, 1992 John Calcagni memorandum, page 3, Southwestern 
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-990 (6th 
Cir. 1998), Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)) plus any 
additional measures it may approve in conjunction with a redesignation 
action. See 68 FR 25426 (May 12, 2003). Since the passage of the CAA of 
1970, Ohio has adopted and submitted, and EPA has fully approved, 
provisions addressing the various required SIP elements applicable to 
Belmont County for purposes of redesignation. No Belmont County SIP 
provisions are currently disapproved, conditionally approved, or 
partially approved. As indicated above, EPA believes that the section 
110 elements not connected with nonattainment plan submissions and not 
linked to the area's nonattainment status are not applicable 
requirements for purposes of reviewing of the State's redesignation 
request. EPA has also noted that it may conclude that the section 110 
SIP submission approved under the 1-hour standard will be adequate for 
purposes of attaining and maintaining the 8-hour standard. EPA also 
believes that since the part D requirements did not become due prior to 
Ohio's submission of a final, complete redesignation request for 
Belmont County, they also are not applicable requirements for purposes 
of redesignation.

3. The Air Quality Improvement in the Wheeling, WV-OH Area Is Due to 
Permanent and Enforceable Reductions in Emissions Resulting From 
Implementation of the SIP, Federal Air Pollution Control Regulations, 
and Other Permanent and Enforceable Emission Reductions

    In making this demonstration, the States of West Virginia \6\ and 
Ohio have documented changes in VOC and NOX emissions from 
all anthropogenic (man-made or man-based) sources in the Wheeling, WV-
OH area occurring between 2002, an ozone standard violation year, and 
2004, one of the years in which the Wheeling, WV-OH area has recorded 
attainment of the 8-hour ozone standard. The States have also discussed 
permanent and enforceable emission reductions that have occurred 
elsewhere in the States and in other upwind areas that have contributed 
to the air quality improvement in the Wheeling, WV-OH area. Table 2 
summarizes the VOC and NOX emissions totals from the 
anthropogenic sources in 2002 and 2004 for the Wheeling, WV-OH area. 
From the table, it can be seen that VOC emissions have essentially 
remained constant between 2002 and 2004, whereas NOX 
emissions have significantly declined between 2002 and 2004.
---------------------------------------------------------------------------

    \6\ West Virginia submitted a separate ozone redesignation 
request for its portion of the Wheeling, WV-OH area. The West 
Virginia redesignation request is addressed in a separate EPA 
proposed rule. West Virginia did supply emissions data for the 
Wheeling area to the State of Ohio for inclusion in Ohio's ozone 
request.
---------------------------------------------------------------------------

    The States of Ohio and West Virginia conclude that the differences 
in the 2002 and 2004 emissions are due primarily to the implementation 
of permanent and enforceable emission control requirements. The States 
have asserted that these emission reductions along with those occurring 
elsewhere in the two States and in other upwind areas have led to the 
observed improvement in air quality in the Wheeling, WV-OH area.

        Table 2.--Total Anthropogenic VOC and NOX Emissions for 2002 and 2004 in the Wheeling, WV-OH Area
                                                 [tons per day]
----------------------------------------------------------------------------------------------------------------
                          County                             Point       Area     Non-road    Mobile     Total
----------------------------------------------------------------------------------------------------------------
                                         2002 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Belmont County, Ohio.....................................        0.2        4.1        1.0        4.2        9.5
Marshall and Ohio Counties, West Virginia................        3.0       14.8        2.3        3.4       23.5
                                                          ------------------------------------------------------
    2002 Total...........................................        3.2       18.9        3.3        7.6       33.0
----------------------------------------------------------------------------------------------------------------
                                         2004 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Belmont County, Ohio.....................................        0.2        4.0        0.9        3.5        8.6

[[Page 77672]]

 
Marshall and Ohio Counties, West Virginia................        3.0       15.4        2.3        2.8       23.5
                                                          ------------------------------------------------------
    2004 Total...........................................        3.2       19.4        3.2        6.3       32.1
        Difference (2002-2004) \7\.......................        0.0       -0.5        0.1        1.3        0.9
----------------------------------------------------------------------------------------------------------------
                                              2002 Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Belmont County, Ohio.....................................       31.8        0.3        3.0        7.4       42.5
Marshall and Ohio Counties, West Virginia................      152.2        3.4        5.6        5.4      166.6
                                                          ------------------------------------------------------
    2002 Total...........................................      174.0        3.7        8.6       15.8      209.1
----------------------------------------------------------------------------------------------------------------
                                              2004 Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Belmont County, Ohio.....................................       28.7        0.3        2.9        6.3       38.2
Marshall and Ohio Counties, West Virginia................       85.8        3.4        7.3        4.7      101.2
                                                          ------------------------------------------------------
    2004 Total...........................................      114.5        3.7       10.2       11.0      139.4
        Difference (2002-2004)...........................       59.5        0.0       -1.6        4.8       69.7
----------------------------------------------------------------------------------------------------------------

    The significant decline in NOX emissions in this area 
between 2002 and 2004 occurred primarily at Electric Generating Units 
(EGU) and at large industrial boilers as the result of the 
implementation of the States' NOX emission control rules 
(resulting from the implementation of EPA's NOX SIP call and 
acid rain emission controls under title IV of the CAA). Besides the 
NOX emission reductions occurring within the nonattainment 
area itself, the implementation of the States' NOX control 
rules have reduced NOX emission throughout both Ohio and 
West Virginia. The additional statewide emission reductions have 
contributed to attainment of the 8-hour ozone standard in the Wheeling, 
WV-OH area.
---------------------------------------------------------------------------

    \7\ Positive differences indicate a decrease in emissions over 
time from 2002 to 2004. Negative differences indicate emissions were 
increasing over time, primarily as the result of emission changes 
from source growth exceeding the impacts of implemented emission 
controls.
---------------------------------------------------------------------------

    We concur with the State of Ohio that NOX emissions have 
been significantly lowered in the Wheeling, WV-OH area and throughout 
the States of Ohio and West Virginia. We also concur with the State 
that these emission reductions have contributed to attainment of the 8-
hour ozone standard in the Wheeling, WV-OH area. Therefore, the State 
of Ohio has met this criteria for redesignation of Belmont County to 
attainment of the 8-hour ozone standard.
    Besides implementation of the NOX emission control rules 
and despite the general lack of decreasing emissions for VOC (the data 
imply that existing VOC control measures are reducing VOC emission at 
current rates that are generally keeping pace with new source growth), 
additional emission controls are being implemented in the Wheeling, WV-
OH area which will also contribute to attainment and maintenance of the 
8-hour ozone standard. The State of Ohio notes that, in the mid-1990's, 
the State promulgated statewide rules requiring Reasonably Available 
Control Techniques (RACT) for significant new sources of VOC emissions. 
The RACT rules have been implemented for significant new sources 
locating in Ohio subsequent to the State adoption of the rules. 
Additional implemented, or soon to be implemented, emission control 
rules include several Federal rules: (1) Tier II emission standards for 
vehicles and gasoline sulfur standards (promulgated by EPA in February 
2000 and currently being implemented); (2) heavy-duty diesel engine 
emission control rules (promulgated by the EPA in July 2000 and 
currently being implemented; and (3) clean air non-road diesel rule 
(promulgated by the EPA in May 2004 and currently being phased in 
through 2009). All of these rules have contributed to reducing VOC and 
NOX emissions throughout the States of Ohio and West 
Virginia and will contribute to future emission reductions in these 
States.
    The State of Ohio commits to continuing the existing VOC and 
NOX emission controls after the Wheeling, WV-OH area is 
redesignated to attainment of the 8-hour ozone standard.

4. Belmont County Has a Fully Approvable Ozone Maintenance Plan 
Pursuant to Section 175A of the CAA

    In conjunction with its request to redesignate Belmont County to 
attainment of the ozone NAAQS, Ohio submitted a SIP revision request to 
provide for maintenance of the 8-hour ozone NAAQS in Belmont County and 
in the entire Wheeling, WV-OH area through 2018, exceeding the minimum 
10 year maintenance period required by the CAA.
a. What Is Required in an Ozone Maintenance Plan?
    Section 175A of the CAA sets forth the required elements of air 
quality maintenance plans for areas seeking redesignation from 
nonattainment to attainment of a NAAQS. Under section 175A, a 
maintenance plan must demonstrate continued attainment of the 
applicable NAAQS for at least 10 years after the Administrator approves 
the redesignation to attainment. Eight years after the redesignation, 
the State must submit a revised maintenance plan which demonstrates 
that maintenance of the standard will continue for 10 years following 
the initial 10 year maintenance period. To address the possibility of 
future NAAQS violations, the maintenance plan must contain such 
contingency measures, with a schedule for implementation, as EPA deems 
necessary, to assure prompt correction of any future NAAQS violations. 
The September 4, 1992 John Calcagni memorandum provides additional 
guidance on the content of maintenance plans. An ozone maintenance plan 
should, at minimum, address the

[[Page 77673]]

following items: (1) The attainment VOC and NOX emissions 
inventories; (2) a maintenance demonstration showing maintenance for 
the first 10 years of the maintenance period; (3) a commitment to 
maintain the existing monitoring network; (4) factors and procedures to 
be used for verification of continued attainment; and (5) a contingency 
plan to prevent and/or correct a future violation of the NAAQS.
b. What Are the Attainment Emission Inventories for Belmont County?
    Ohio EPA prepared comprehensive VOC and NOX emission 
inventories for Belmont County, including EGU and non-EGU point 
(significant stationary sources), other (area) (smaller and widely-
distributed stationary sources), Marine, Aircraft, and Rail mobile 
(MAR), mobile on-road, and mobile non-road sources for 2002 (the base 
year). To develop the attainment year (2004) and projected maintenance 
years (2009 and 2018) emissions, the Ohio EPA projected the 2002 
emissions applying various source category-specific growth factors and 
emission control factors.
    The State has thoroughly documented how the 2002 base year 
emissions were derived. The following summarizes the procedures and 
sources of data used by the Ohio EPA to derive the base year emissions.
    i. Point Sources. The primary source of point source information 
was facility-specific information collected annually by the State for 
sources covered by Title V source permits. This information includes 
emissions, process rates, operating schedules, emissions control data, 
and other relevant information. The State also used emissions data 
provided by EPA's EGU emission inventory, maintained to support the 
NOX SIP call emissions trading program and the acid rain 
control program. The sources included in the 2002 point source 
inventory were identified using Ohio's Title V STARS database. The 
emissions included in this database are facility-reported actual 
emissions.
    Ohio EPA defines point source process emissions as those which 
occur at an identifiable stationary stack or vent. Point source 
emissions not emitted from discrete stacks or vents are defined to be 
fugitive emissions. Facility-specific fugitive emissions are also 
reported by each Title V facility and stored in the Title V STARS 
database.
    Point source emissions included in the 2002 base year emissions 
inventory were provided to the Lake Michigan Air Directors Consortium 
(LADCO) in National Emissions Inventory Input Format (NIF) 3.0 format. 
LADCO imported and processed the NIF files in the Emissions Modeling 
System (EMS) and applied temporal and spatial profiles to calculate 
July weekday emissions rates. The Belmont County emissions derived from 
this set of emissions data were split into EGU emissions and non-EGU 
emissions for inclusion in the base year emissions inventory used to 
support the Belmont County ozone redesignation request.
    ii. Area (Other) Sources. Area sources are those sources which are 
generally small, numerous, and have not been inventoried as specific 
point, mobile, or biogenic sources. The emissions for these sources are 
calculated and grouped by source type and are estimated using various 
surrogates, such as population, estimates of employees in various 
occupational groups and facility-types, etc. The area source emissions 
are typically defined at the county level.
    To estimate the area source emissions, Ohio EPA has either used 
published Emission Inventory Improvement Program (EIIP) emissions 
estimation methodologies or other methodologies typically used by other 
states. Area source categories include: Various stationary combustion 
sources (not including the EGU sources included in the point source 
portion of the emissions inventory); human cremation; agricultural 
pesticides; architectural surface coatings; auto body refinishing; 
consumer and commercial solvents; degreasing and solvent cleaning (not 
included in point source emissions); fuel marketing; graphic arts (the 
emissions from the smaller facilities not included in the Title V STARS 
database); hospital sterilizers; small industry surface coating; small 
industry rubber and plastics coating; landfills; portable fuel 
containers; traffic markings; and Privately Owned Treatment Works 
(POTWs). The State has documented the data sources and emission factors 
or calculation procedures used for each of these area source 
categories.
    iii. Non-Road Mobile Sources. The non-road mobile source emissions 
inventory was generated regionally by running EPA's National Mobile 
Inventory Model (NMIM). The output of the NMIM was converted to the NIF 
format and submitted to LADCO for processing in the EMS to obtain 
spatially and temporally allocated emissions for a July weekday. The 
basic non-road algorithm for calculating emissions in NMIM uses base 
year equipment populations, average load factors, available engine 
powers, activity hours and emission factors to calculate the emissions. 
To address concerns about the accuracy of NMIM for some source 
categories, LADCO contracted with two consulting companies to review 
the base data and make recommended changes.
    iv. Marine, Aircraft, and Rail (MAR) Sources. Due to the 
significance of the emissions from these source types, the Ohio EPA has 
decided to treat these source categories separately from other non-road 
mobile sources. The MAR emissions include emissions from commercial 
marine, aircraft, and locomotive sources.
    Commercial marine vessels consist of several different categories 
of vessel types. For each vessel type, there are unique engine types, 
emission rates, and activity data sets. The emissions inventory 
documentation lists the vessel types and activity data sources by 
vessel type, along with the special distribution of each vessel type.
    Locomotive activity was divided into various rail categories: Class 
I operations; Class II/III operations; passenger trains; consumer 
lines; and yard operations. Since Class I operations are expected to be 
the most significant rail operations in most areas, including Belmont 
County, operators of Class I operations were queried for activity and 
emissions-related information for each railroad line. Class I activity 
levels were provided by county in terms of ton-miles of freight 
movement and estimated fuel consumption. This approach provided for 
more specific estimates of emissions by railroad line. Class II/III 
emissions were based on national fuel consumption and per employee fuel 
consumption estimates. The number of employees in each county was used 
to allocate the fuel consumption to each county and, therefore, the 
emissions to each county. The passenger train estimates were based on 
information provided by AMTRAK on the weekly schedule of train 
operation, and the emissions were based on an assumption of 2.35 
gallons of fuel use per train-mile of travel. No commuter lines or yard 
operations exist in Belmont County.
    EPA provided the aircraft emission estimates based on Federal 
Aviation Administration (FAA) published Landing and Take-Off (LTO) 
rates by engine type for each airline and major airport in the State of 
Ohio. The LTO-engine information was combined with engine type-specific 
emission factors developed by the International Civil Aviation 
Organization (ICAO), and, through use of an FAA Emissions and 
Dispersion Modeling System (EDMS), emissions were assigned to each 
county in the State, including Belmont County.

[[Page 77674]]

    LADCO processed all of the MAR emissions data through the EMS to 
calculate July 2002 weekday emissions for VOC and NOX.
    v. On-Road Mobile Sources. A regional transportation model operated 
by the Belmont, Ohio, Marshall Regional Council Metropolitan Planning 
Organization (Bel-O-Mar), West Virginia Department of Transportation 
(WVDOT), and Ohio Department of Transportation (Ohio DOT) was used to 
estimate traffic levels, vehicle age and type distributions, vehicle 
speeds, and other emissions-related vehicle parameters for the roadways 
in Belmont County and elsewhere in the Wheeling, WV-OH area. This 
vehicle travel information, along with the MOBILE 6.2 vehicle emission 
factor model, was used to estimate mobile source VOC and NOX 
emissions for Belmont County and the entire Wheeling, WV-OH area.
    vi. Projected Emissions for the Attainment Year. Ambient air 
quality data showed that the Wheeling, WV-OH area met the 8-hour ozone 
NAAQS in 2004. Ohio EPA used point source growth data provided by 
individual point source facilities along with other source category 
growth estimates and emission control estimates to estimate 2004 VOC 
and NOX emissions for Belmont County. The State of West 
Virginia estimated 2004 VOC and NOX emissions for the 
remainder of the Wheeling, WV-OH area. The estimated 2004 emissions 
have been compared to the 2002 emissions to demonstrate the basis for 
the improved air quality in the Wheeling, WV-OH area. See Table 2 above 
for the 2004 attainment level emissions.
c. Demonstration of Maintenance
    To demonstrate maintenance of the attainment of the 8-hour ozone 
standard for at least 10 years following the redesignation of the 
Wheeling, WV-OH area to attainment of the 8-hour ozone NAAQS, the State 
of Ohio and the State of West Virginia projected the VOC and 
NOX emissions in the Wheeling, WV-OH area for the years of 
2009 and 2018. For Belmont County, Ohio EPA used source growth 
estimates provided by LADCO along with mobile source growth estimates 
generated using the regional transportation model and MOBILE 6.2 to 
project the Belmont County VOC and NOX emissions. The 
methods used by the State of West Virginia are described in West 
Virginia's ozone redesignation request (reviewed in a separate EPA 
proposed rule. See 71 FR 57894, October 2, 2006). Note that a 
maintenance demonstration need not be based on modeling. See Wall v. 
EPA, 265 F. 3d 426 (6th Cir. 2001), Sierra Club v. EPA, 375 F. 3d 537 
(7th Cir. 2004). See also 66 FR 53094, 53099-53100 (October 19, 2001) 
and 68 FR 25430-25432 (May 12, 2003).
    Table 3 summarizes the VOC emissions projected to occur in Belmont 
County, Ohio and in Marshall and Ohio Counties, West Virginia during 
the demonstrated ozone maintenance period. Similarly, Table 4 
summarizes the NOX emissions projected to occur in the same 
area during the demonstrated ozone maintenance period. The State of 
Ohio and the State of West Virginia chose 2018 as a projection year to 
meet the 10-year maintenance demonstration requirement, allowing 
several years for EPA to complete the redesignation rulemaking process. 
The States also chose 2009 as an interim year to demonstrate that VOC 
and NOX emissions will remain below the attainment year 
levels throughout the 10-year maintenance period.

                          Table 3.--Projected VOC Emissions in the Wheeling, WV-OH Area
                                                   [tons/day]
----------------------------------------------------------------------------------------------------------------
                                                       2004                            2018
                  Source sector                     attainment     2009 interim     maintenance    Safety margin
----------------------------------------------------------------------------------------------------------------
                                          Belmont County VOC Emissions
----------------------------------------------------------------------------------------------------------------
EGU Point.......................................            0.17            0.12            0.17
Non-EGU Point...................................            0.03            0.03            0.04
Area (Other)....................................            4.03            3.85            3.86
Non-Road Mobile.................................            0.88            0.76            0.56
On-Road Mobile..................................            3.52           *2.60           *1.52
Marine-Air-Railroad.............................            0.05            0.05             0.5
                                                 ---------------------------------------------------------------
    Total Belmont County........................            8.68            7.41            6.20          **2.48
----------------------------------------------------------------------------------------------------------------
                             Marshall and Ohio Counties, West Virginia VOC Emissions
----------------------------------------------------------------------------------------------------------------
EGU Point.......................................             0.5             0.7             0.7
Non-EGU Point...................................             2.5             2.1             2.6
Area (Other)....................................            15.4             7.3             8.4
Non-Road Mobile (MAR included)..................             2.3             2.1             1.8
On-Road Mobile..................................            2.81            2.22            1.24
                                                 ---------------------------------------------------------------
    Total Marshall and Ohio Counties............           23.51           14.42           14.74          **8.77
                                                 ---------------------------------------------------------------
    Total Wheeling, WV-OH.......................           32.19           21.83          20.94
----------------------------------------------------------------------------------------------------------------
* Includes 15 percent mobile source budget increase as a safety margin. Actual projected 2018 on-road mobile
  source VOC emissions in Belmont County are 1.32 tons per day.
** Difference between 2004 attainment year emissions and 2018 maintenance year emissions.


[[Page 77675]]


                          Table 4.--Projected NOX Emissions in the Wheeling, WV-OH Area
                                                   [tons/day]
----------------------------------------------------------------------------------------------------------------
                                                                  2004         2009         2018        Safety
                        Source sector                          attainment    interim    maintenance     margin
----------------------------------------------------------------------------------------------------------------
                                          Belmont County NOX Emissions
----------------------------------------------------------------------------------------------------------------
EGU Point...................................................        28.61        20.96        18.85
Non-EGU Point...............................................         0.08         0.08         0.08
Area (Other)................................................         0.29         0.36         0.38
Non-Road Mobile.............................................         1.35         1.16         0.63
On-Road Mobile..............................................         6.29     \*\ 4.69     \*\ 1.91
Marine-Air-Railroad.........................................         1.54         1.38         1.28
                                                             ---------------------------------------------------
    Total Belmont County....................................        38.16        28.63        23.13      **15.03
----------------------------------------------------------------------------------------------------------------
                             Marshall and Ohio Counties, West Virginia NOX Emissions
----------------------------------------------------------------------------------------------------------------
EGU Point...................................................        73.20         51.1         14.9
Non-EGU Point...............................................         12.6         10.6         11.3
Area (Other)................................................          3.4          1.8          2.0
Non-Road Mobile (MAR included)..............................          7.3          5.2          4.6
On-Road Mobile..............................................         4.67         3.75         1.47
                                                             ---------------------------------------------------
    Total Marshall and Ohio Counties........................       101.47        72.45        34.27  \* *\ 67.20
                                                             ---------------------------------------------------
    Total Wheeling, WV-OH...................................       139.63       101.08        57.40  ...........
----------------------------------------------------------------------------------------------------------------
\*\ Includes 15 percent mobile source budget increase as a safety margin. Actual projected 2018 on-road mobile
  source NOX emissions in Belmont County are 1.66 tons per day.
**Difference between 2004 attainment year emissions and 2018 maintenance year emissions.

    The Ohio EPA also notes that the State's EGU NOX 
emissions control rules stemming from EPA's NOX SIP call and 
Clean Air Interstate Rule (CAIR), to be implemented beyond 2006, will 
further lower NOX emissions in upwind areas, resulting in 
decreased ozone and ozone precursor transport into Belmont County and 
the Wheeling, WV-OH area. This will also support maintenance of the 
ozone standard in this area.
    The emission projections for Belmont County and the Wheeling, WV-OH 
area as a whole coupled with the expected impacts of the States' EGU 
NOX rules and CAIR led to the conclusion that Belmont County 
and the Wheeling, WV-OH area should maintain the 8-hour ozone NAAQS 
throughout the required 10-year maintenance period and through 2018. 
The projected decreases in local VOC and local and regional 
NOX emissions indicate that peak ozone levels in the 
Wheeling, WV-OH area may actually further decline during the 
maintenance period.
    Based on the comparison of the projected emissions and the 
attainment year emissions, we conclude that Ohio EPA has successfully 
demonstrated that the 8-hour ozone standard should be maintained in 
Belmont County and in the Wheeling, WV-OH area. We believe that this is 
especially likely given the expected impacts of the NOX SIP 
call and CAIR. As noted by Ohio EPA, this conclusion is further 
supported by the fact that other states in the eastern portion of the 
United States are also expected to further reduce regional 
NOX emissions through implementation of their ozone 
NOX emission control rules for EGUs and other NOX 
sources through the implementation of the NOX SIP call and 
CAIR.
d. Contingency Plan
    The contingency plan provisions of the CAA are designed to result 
in prompt correction or prevention of violations of the NAAQS that 
might occur after redesignation of an area to attainment of the NAAQS. 
Section 175A of the CAA requires that a maintenance plan include such 
contingency measures as EPA deems necessary to assure that the State 
will promptly correct a violation of the NAAQS that might occur after 
redesignation. The maintenance plan must identify the contingency 
measures to be considered for possible adoption, a schedule and 
procedure for adoption and implementation of the selected contingency 
measures, and a time limit for action by the State. The State should 
also identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the State will 
implement all measures with respect to control of the pollutant(s) that 
were included in the SIP before the redesignation of the area to 
attainment. See section 175A(d) of the CAA.
    As required by section 175A of the CAA, Ohio has adopted a 
contingency plan to address a possible future ozone air quality problem 
in the Wheeling, WV-OH area. The contingency plan has two levels of 
actions/responses depending on whether a violation of the 8-hour ozone 
standard is only threatened (Warning Level Response) or has actually 
occurred or appears to be very imminent (Action Level Response).
    A Warning Level Response will be triggered whenever an annual (1-
year) fourth-high monitored 8-hour ozone concentration of 88 ppb occurs 
within the ozone maintenance area (within the Wheeling, WV-OH) area. A 
Warning Level Response will consist of a study to determine whether the 
ozone value indicates a trend toward higher ozone concentrations or 
whether emissions appear to be increasing. The study will evaluate 
whether the trend, if any, is likely to continue and, if so, the 
control measures necessary to reverse the trend taking into 
consideration ease and timing for implementation, as well as economic 
and social consideration, will be selected for possible adoption. 
Implementation of necessary controls in response to a Warning Level 
Response triggering will take place as expeditiously as possible, but 
in no event later than 12 months from the conclusion of the most recent 
ozone season (September 30).

[[Page 77676]]

    An Action Level Response will be triggered whenever a two-year 
averaged annual fourth-high monitored 8-hour ozone concentration of 85 
ppb occurs within the maintenance area or whenever a violation of the 
8-hour ozone standard is actually monitored in the maintenance area. An 
Action Level Response will also be triggered if a violation of the 8-
hour ozone standard is monitored in the Wheeling, WV-OH area. In the 
event that an Action Level Response is triggered and is not due to an 
exceptional event, malfunction, or noncompliance with a source permit 
condition or rule requirement, Ohio EPA will determine the additional 
emission control measures needed to assure future attainment of the 
ozone NAAQS. Emission control measures that can be implemented in a 
short time will be selected in order to be in place within 18 months 
from the close of the ozone season that prompted the Action Level 
Response. Any new emission control measure that is selected for 
implementation will be given a public review. If a new emission control 
measure is already promulgated and scheduled to be implemented at the 
Federal or State level and that emission control measure is determined 
to be sufficient to address the upward trend in peak ozone 
concentrations, additional local measures may be unnecessary. Ohio EPA 
will submit to the EPA an analysis to demonstrate that the proposed 
emission control measures are adequate to reverse the upward trend in 
peak ozone concentrations and to maintain the 8-hour ozone standard in 
the Wheeling, WV-OH area. The selection of emission control measures 
will be based on cost-effectiveness, emission reduction potential, 
economic and social considerations, or other factors that the Ohio EPA 
and West Virginia Department of Environmental Protection (WVDEP) deem 
to be appropriate. Selected emission control measures will be subjected 
to public review and the States will seek public input prior to 
selecting new emission control measures.
    The State of Ohio ozone redesignation request lists the following 
possible emission control measures as contingency measures in the ozone 
maintenance portion of the State's submittal:
     Extension of Reasonably Available Control Techniques 
(RACT) requirements to include source categories previously excluded. 
New VOC RACT rules could be adopted for the following source 
categories:
    [ssbox] Consumer products
    [ssbox] Architectural and industrial maintenance coatings
    [ssbox] Stage I gasoline dispensing facilities (including pressure 
valves)
    [ssbox] Automobile refinishing
    [ssbox] Cold cleaner degreasers
    [ssbox] Portable fuel containers
    [ssbox] Synthetic organic compound manufacturing
    [ssbox] Organic compound batch processes
    [ssbox] Wood products manufacturing
    [ssbox] Industrial wastewater
    [ssbox] Aerospace industry
    [ssbox] Ship building
    [ssbox] Bakeries
    [ssbox] Plastic parts coating
    [ssbox] Volatile organic liquid storage
    [ssbox] Industrial solvent cleaning
    [ssbox] Offset lithography
    [ssbox] Industrial surface coating; and
    [ssbox] Other sources with VOC emissions greater than 50 tons per 
year;
     Revision of new source permitting requirements to require 
more stringent emissions control technology and/or greater emissions 
offsets;
     NOX RACT, with the following being potential 
source categories covered by such RACT requirements:
    [ssbox] EGUs
    [ssbox] Asphalt batching plants
    [ssbox] Industrial/commercial and institutional boilers
    [ssbox] Process heaters
    [ssbox] Internal combustion engines
    [ssbox] Combustion turbines
    [ssbox] Other sources with NOX emissions exceeding 100 
tons per year;
     Regulations to establish plant-wide emission caps 
(potentially with emission trading provisions);
     Stage II vapor recovery regulations for gasoline service 
stations; and,
     Establishment of a Public Awareness/Ozone Action Days 
Program, focusing on increasing the public's understanding of air 
quality issues in the region and on increasing support for actions to 
improve the air quality, resulting in reduced emissions on days with 
the potential for high ozone concentrations.

    One or more of these regulatory revisions would be selected within 
three (3) months after verification of a monitored ozone standard 
violation. For each regulatory revision selected, a draft rule will be 
developed within six (6) months of selection. The State will file the 
rule as an emergency rule, which will be become effective within 42 
days after filing and fully implemented within six (6) months after 
adoption. Rules will be filed as legislative rules for permanent 
authorization by the Legislature during the following legislative 
session. This approach means that less than 18 months should elapse 
from the time a violation of the standard occurs until the appropriate 
control measure(s) is fully in place. No contingency measure, however, 
will be implemented without the State providing the opportunity for 
full public participation and review.
e. Provisions for a Future Update of the Ozone Maintenance Plan
    As required by section 175A(b) of the CAA, the State commits to 
submit to the EPA an update of the ozone maintenance plan eight years 
after redesignation of Belmont County to attainment of the 8-hour ozone 
NAAQS. The updated maintenance plan will provide for maintenance of the 
8-hour ozone standard in Belmont County and the Wheeling, WV-OH area 
for an additional 10 years beyond the period covered by the initial 
ozone maintenance plan.
    We consider Ohio's ozone maintenance demonstration and contingency 
plan to be acceptable.

V. Has Ohio Adopted Acceptable Motor Vehicle Emissions Budgets for the 
End Year of the Ozone Maintenance Plans Which Can Be Used To Support 
Conformity Determinations?

A. How Are the Motor Vehicle Emission Budgets Developed and What Are 
the Motor Vehicle Emission Budgets for Belmont County?

    Under the CAA, states are required to submit, at various times, SIP 
revisions and ozone maintenance plans for applicable areas (for ozone 
nonattainment areas and for areas seeking redesignations to attainment 
of the ozone standard or revising existing ozone maintenance plans). 
These emission control SIP revisions (e.g. reasonable further progress 
and attainment demonstration SIP revisions), including ozone 
maintenance plans, must create MVEBs based on on-road mobile source 
emissions that are allocated to highway and transit vehicle use that, 
together with emissions from other sources in the area, will provide 
for attainment or maintenance of the ozone NAAQS.
    Under 40 CFR part 93, MVEBs for an area seeking a redesignation to 
attainment of the NAAQS are established for the last year of the 
maintenance plan (for the maintenance demonstration year). The MVEBs 
serve as ceilings on mobile source emissions from an area's planned 
transportation system and are used to test planned transportation 
system changes or projects to assure compliance with the emission 
limits assumed in the SIP. The MVEB concept is further explained in the 
preamble to the November 24, 1993 transportation conformity rule (58 FR

[[Page 77677]]

62188). The preamble also describes how to establish the MVEBs in the 
SIP and how to revise the MVEBs if needed.
    Under section 176(c) of the CAA, new transportation projects, such 
as the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the part of the SIP that addresses emissions from 
cars, trucks, and other on-roadway vehicles. Conformity to the SIP 
means that transportation activities will not cause new air quality 
standard violations, or delay timely attainment of the NAAQS. If a 
transportation plan does not conform, most new transportation projects 
that would expand the capacity of the roadways cannot go forward. 
Regulations at 40 CFR part 93 set forth EPA's policy, criteria, and 
procedures for demonstrating and assuring conformity of transportation 
activities to a SIP.
    When reviewing SIP revisions containing MVEBs, including attainment 
strategies, rate-of-progress plans, and maintenance plans, EPA must 
affirmatively find that the MVEBs are ``adequate'' for use in 
determining transportation conformity. Once EPA affirmatively finds the 
submitted MVEBs to be adequate for transportation conformity purposes, 
the MVEBs are used by state and Federal agencies in determining whether 
proposed transportation projects conform to the SIPs as required by 
section 176(c) of the CAA. EPA's substantive criteria for determining 
the adequacy of MVEBs are specified in 40 CFR 93.118(e)(4).
    EPA's process of determining adequacy of MVEBs consists of three 
basic steps: (1) Providing public notification of a SIP submission; (2) 
providing the public the opportunity to comment on the MVEBs during a 
public comment period; and (3) finally making a finding of adequacy. 
The process of determining the adequacy of submitted SIP MVEBs was 
initially outlined in EPA's May 14, 1999 guidance, ``Conformity 
Guidance on Implementation of March 2, 1999, Conformity Court 
Decision.'' This guidance was finalized in the Transportation 
Conformity Rule Amendments for the ``New 8-Hour Ozone and PM2.5 
National Ambient Air Quality Standards and Miscellaneous Rule 
Amendments--Response to Court Decision and Additional Rule Change'' 
published on July 1, 2004 (69 FR 40004). EPA follows this guidance and 
rulemaking in making its adequacy determinations.
    The Transportation Conformity Rule, in 40 CFR 93.118(f), provides 
for adequacy findings through two mechanisms. First, 40 CFR 
93.118(f)(1) provides for posting a notice to the EPA conformity Web 
site at: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm 
and providing a 30-day public comment period. Second, a mechanism is 
described in 40 CFR 93.118(f)(2) which provides that EPA can review the 
adequacy of an implementation plan submission simultaneously with its 
review of the implementation plan itself. In this notice, EPA is 
reviewing the adequacy of the Belmont County motor vehicle emission 
budgets as part of the review and proposal on the overall ozone 
maintenance plan. The State of Ohio had previously requested parallel 
processing and the expediency of this review process is best suited to 
following the 40 CFR 93.118(f)(2) mechanism.
    The Belmont County ozone maintenance plan contains VOC and 
NOX MVEBs for 2018. EPA has reviewed the submittal and the 
proposed VOC and NOX MVEBs for Belmont County, and finds 
that the MVEBs meet the adequacy criteria in the Transportation 
Conformity Rule. The 30-day comment period for the adequacy period will 
be the same as the 30-day comment period for the proposed approval of 
the MVEBs and ozone maintenance plan. Any and all comments on the 
adequacy or approvability of the MVEBs should be submitted during the 
comment period stated in the DATES section of this notice.
    EPA, through this rulemaking, is proposing to approve the MVEBs for 
use to determine transportation conformity in Belmont County because 
EPA has determined that the budgets are consistent with the control 
measures and future emissions projected in the SIP and that Belmont 
County and the Wheeling, WV-OH area can maintain attainment of the 8-
hour ozone NAAQS for the relevant required 10-year period with mobile 
source emissions at the levels of the MVEBs. Ohio EPA has determined 
the 2018 MVEBs for Belmont County to be 1.52 tons per day for VOC and 
1.91 tons per day for NOX. It should be noted that these 
MVEBs exceed the on-road mobile source VOC and NOX emissions 
projected by the Ohio EPA for 2018, but do match the on-road mobile 
source emissions for 2018 summarized in Tables 3 and 4 above. Through 
discussions with all organizations involved in transportation planning 
for Belmont County, Ohio EPA decided to include 15 percent safety 
margins in the MVEBs to provide for mobile source growth not 
anticipated in the projected 2018 emissions. Ohio EPA has demonstrated 
that Belmont County and the Wheeling, WV-OH area can maintain the 8-
hour ozone NAAQS with mobile source emissions at the levels of the 
MVEBs since total source emissions with the increased mobile source 
emissions will remain under the attainment year levels.

B. What Is a Safety Margin?

    A ``safety margin'' is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan for a future maintenance 
year. As noted in Tables 3 and 4 above, Belmont County VOC and 
NOX emissions are projected to have safety margins of 2.48 
tons per day for VOC and 15.03 tons per day for NOX in 2018 
(the differences between the 2004, attainment year, and 2018 VOC and 
NOX emissions for all sources in Belmont County).
    The MVEBs requested by Ohio EPA contain safety margins (selected by 
the State) significantly smaller than the safety margins reflected in 
the total emissions for Belmont County. The State is not requesting 
allocation of the entire available safety margins actually reflected in 
the demonstration of maintenance. Therefore, even though the State is 
requesting MVEBs that exceed the projected on-road mobile source 
emissions for 2018 contained in the demonstration of maintenance, the 
increase in on-road mobile source emissions that can be considered for 
transportation conformity purposes is well within the safety margins of 
the ozone maintenance demonstration.

C. Are the MVEBs Approvable?

    The VOC and NOX MVEBs for Belmont County are approvable 
because they maintain the total emissions for Belmont County at or 
below the attainment year emission inventory levels, as required by the 
transportation conformity regulations.

VI. What Are the Effects of EPA's Proposed Actions?

    Approval of the redesignation request would change the official 
designation of the Belmont County for the 8-hour ozone NAAQS, found at 
40 CFR part 81, from nonattainment to attainment. It would also 
incorporate into the Ohio SIP a plan for maintaining the ozone NAAQS 
through 2018. The maintenance plan includes contingency measures to 
remedy possible future violations of the 8-hour ozone NAAQS, and 
establishes MVEBs of 1.52 tons per day for VOC and 1.91 tons per day 
for NOX.

[[Page 77678]]

VII. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, September 30, 1993), this 
action is not a ``significant regulatory action'' and, therefore, is 
not subject to review by the Office of Management and Budget.

Paperwork Reduction Act

    This proposed rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

Regulatory Flexibility Act

    This proposed action merely proposes to approve state law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this proposed rule will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule proposes to approve pre-existing requirements 
under state law and does not impose any additional enforceable duty 
beyond that required by state law, it does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely proposes to approve a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This proposed rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant regulatory action,'' this 
action is also not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001).

National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use 
technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impractical. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. Absent a 
prior existing requirement for the state to use voluntary consensus 
standards, EPA has no authority to disapprove a SIP submission for 
failure to use such standards, and it would thus be inconsistent with 
applicable law for EPA to use voluntary consensus standards in place of 
a program submission that otherwise satisfies the provisions of the 
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA 
do not apply.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: December 19, 2006.
Bharat Mathur,
Acting Regional Administrator, Region 5.
 [FR Doc. E6-22140 Filed 12-26-06; 8:45 am]
BILLING CODE 6560-50-P