[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Rules and Regulations]
[Pages 12591-12595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05273]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0658; FRL-9943-46-Region 5]


Air Plan Approval; Ohio; Base Year Emission Inventories for the 
2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, under 
the Clean Air Act (CAA), a State Implementation Plan (SIP) revision 
submitted by the Ohio Environmental Protection Agency (OEPA) on July 
18, 2014, to address emission inventory requirements for the Cleveland-
Akron-Lorain, Ohio (OH) and Columbus, OH ozone nonattainment areas and 
for the Ohio portion of the Cincinnati, Ohio-Kentucky-Indiana ozone 
nonattainment area under the 2008 ozone National Ambient Air Quality 
Standard (NAAQS or standard). The CAA requires emission inventories for 
all ozone nonattainment areas. The emission inventories contained in 
Ohio's July 18, 2014, submission meet this CAA requirement. EPA is also 
confirming that the state of Ohio has acceptable stationary source 
annual emission statement regulations, which have been previously 
approved by EPA.

DATES: This direct final rule will be effective May 9, 2016, unless EPA 
receives adverse comments by April 11, 2016. If adverse comments are 
received by EPA, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0658 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to

[[Page 12592]]

make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e. on the web, cloud, or 
other file sharing system). For additional submission methods, please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section. For the full EPA public comment policy, information about CBI 
or multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), 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 EPA. This supplementary information 
section is arranged as follows:

I. The 2008 Ozone NAAQS and Emission Inventory Requirements
II. Ohio's Emission Inventories
    A. Base Year
    B. How did the State develop the emission inventories?
    C. Source Emission Statements
III. EPA's Evaluation
    A. Did the state adequately document the derivation of the 
emission estimates?
    B. Did the State quality assure the emission estimates?
    C. Did the State provide for public review of the requested SIP 
revision?
IV. Final Action
V. Statutory and Executive Order Reviews

I. The 2008 Ozone NAAQS and Emission Inventory Requirements

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). The 
Cleveland-Akron-Lorain, Columbus, and Cincinnati areas were designated 
as marginal nonattainment areas for the 2008 ozone NAAQS. See 77 FR 
30088 (May 21, 2012). The Cleveland-Akron-Lorain nonattainment area 
includes Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, 
and Summit Counties. The Columbus nonattainment area includes Delaware, 
Fairfield, Franklin, Knox, Licking, and Madison Counties. The Ohio 
portion of the Cincinnati nonattainment area includes Butler, Clermont, 
Clinton, Hamilton, and Warren Counties.
    CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and 
7511a(a)(1), require states to develop and submit, as SIP revisions, 
emission inventories for all areas designated as nonattainment for any 
NAAQS, including the ozone NAAQS. An emission inventory for ozone is an 
estimation of actual emissions of air pollutants that contribute to the 
formation of ozone in an area. Ozone is a gas that is formed by the 
reaction of Volatile Organic Compounds (VOC) and Oxides of Nitrogen 
(NOX) in the atmosphere in the presence of sunlight (VOC and 
NOX are referred to as ozone precursors). Therefore, an 
emission inventory for ozone focuses on the emissions of VOC and 
NOX. VOC is emitted by many types of pollution sources, 
including power plants, industrial sources, on-road and off-road mobile 
sources, smaller stationary sources, collectively referred to as area 
sources, and biogenic sources.\1\ NOX is primarily emitted 
by combustion sources, both stationary and mobile.
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    \1\ Biogenic emissions are produced by living organisms and are 
typically not included in the base year emission inventories, but 
are considered in ozone modeling analyses, which must consider all 
emissions in a modeled area.
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    Emission inventories provide emissions data for a variety of air 
quality planning tasks, including establishing baseline emission levels 
(anthropogenic [manmade] emissions associated with ozone standard 
violations), calculating emission reduction targets needed to attain 
the NAAQS and to achieve reasonable further progress toward attainment 
of the ozone standard (not required in the areas considered here), 
determining emission inputs for ozone air quality modeling analyses, 
and tracking emissions over time to determine progress toward achieving 
air quality and emission reduction goals. As stated above, the CAA 
requires the states to submit emission inventories for areas designated 
as nonattainment for ozone. For the 2008 ozone NAAQS, EPA has 
recommended that states submit typical summer day emission estimates 
for 2011 (78 FR 34178, 34190, June 6, 2013). However, EPA also allows 
states to submit base year emissions for other years during a recent 
ozone standard violation period. States are required to submit 
estimates of VOC and NOX emissions for four general classes 
of anthropogenic sources: stationary point sources; area sources; on-
road mobile sources; and off-road mobile sources.

II. Ohio's Emission Inventories

    On July 18, 2014, Ohio submitted a SIP revision addressing the VOC 
and NOX emission inventory requirement for the Cleveland-
Akron-Lorain and Columbus ozone nonattainment areas and for the Ohio 
portion of the Cincinnati ozone nonattainment area. Tables 1, 2, and 3 
summarize the 2008 VOC and NOX emissions for these three 
areas for a typical summer day (reflective of the summer period, when 
the highest ozone concentrations are expected in these nonattainment 
areas). The following acronyms are used in the emissions tables: 
Electric Generating Units (EGU); and Commercial Marine-Airplanes-
Railroads (MAR).\2\
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    \2\ MAR sources are not covered by the off-road mobile source 
emissions model used by the state. Ohio has relied on MAR emissions 
calculated and supplied through contractors, as discussed elsewhere 
in this rulemaking.

             Table 1--Cleveland Area 2008 Emission Inventory
                             [tons per day]
------------------------------------------------------------------------
               Source type                      VOC             NOX
------------------------------------------------------------------------
Non-EGU Point...........................           19.97           16.31
EGU Point...............................            0.20           65.47
Area....................................           96.81           12.71
On-Road Mobile..........................          106.55          209.68
Off-Road Mobile.........................          142.40           70.86
MAR.....................................            1.24           25.65
                                         -------------------------------
    Totals..............................          367.17          400.69
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             Table 2--Columbus Area 2008 Emission Inventory
                             [tons per day]
------------------------------------------------------------------------
               Source type                      VOC             NOX
------------------------------------------------------------------------
Non-EGU Point...........................            2.73            7.56
EGU Point...............................            0.00            0.00
Area....................................           57.78            6.02
On-Road Mobile..........................          123.41          231.72
Off-Road Mobile.........................           38.06           40.72
MAR.....................................            0.37            6.79
                                         -------------------------------
    Totals..............................          222.35          292.81
------------------------------------------------------------------------


          Table 3--Cincinnati Area \3\ 2008 Emission Inventory
                             (tons per day)
------------------------------------------------------------------------
               Source Type                      VOC             NOX
------------------------------------------------------------------------
Non-EGU Point...........................            5.76           24.33
EGU Point...............................            0.81           99.35
Area....................................           54.25            7.17
On-Road Mobile..........................           57.79          105.98
Off-Road Mobile.........................           34.59           34.34
MAR.....................................            0.42            9.29
                                         -------------------------------
    Totals..............................          153.62          280.46
------------------------------------------------------------------------

A. Base Year

    OEPA chose 2008 as the base year for these emission inventories. 
Although EPA recommends the use of 2011 as the base year, as noted 
above, EPA also allows the consideration of other base years. OEPA 
chose 2008 because this is one of the three years, 2008 through 2010, 
of ozone data indicating violation of the ozone standard that were used 
to designate the three areas as nonattainment for the 2008 ozone 
standard.
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    \3\ Ohio portion only.
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B. How did the State develop the emission inventories?

    OEPA estimated VOC and NOX emissions for each county in 
the Cleveland-Akron-Lorain and Columbus ozone nonattainment areas and 
for the Ohio portion of the Cincinnati ozone nonattainment area. 
Emissions for the counties were totaled by source category for each 
ozone nonattainment area. To develop the VOC and NOX 
emission inventories, OEPA used the procedures summarized below.
    The primary source of emissions data for non-EGU point sources was 
source-reported 2008 Emission Inventory Statements (EISs). Under the 
authority of Ohio Administrative Code (OAC) 3756-15-03, OEPA requires 
regulated stationary sources in the ozone nonattainment areas to submit 
EISs annually. An EIS contains detailed source type-specific or source 
unit-specific annual and seasonal actual emissions for all source units 
in a facility. The EIS data for all applicable facilities were used to 
calculate annual and summer day county-specific point source emissions. 
Because they are determinative, only the summer day emissions are 
summarized here.
    EGU point source emissions were obtained from EPA's Clean Air 
Markets Division (CAMD). CAMD collects and processes EGU emissions 
nationally.
    For all point sources, OEPA has provided a detailed list of major 
point source facilities and their associated annual and summer day VOC 
and NOX emissions within appendices C and D of their July 
18, 2014, submittal.
    For the area source emissions, OEPA relied on source type-specific 
emissions and emission factors provided by the Eastern Regional 
Technical Advisory Committee (ERTAC). Ohio and other states formed 
ERTAC to provide technical assistance in the analysis of air pollution. 
ERTAC defined the emission inventory source categories and derived the 
emission factors for each source category. ERTAC also derived the 
county-specific source activity levels for 2008 and provided these data 
to participating states.\4\ For some source categories, OEPA developed 
alternate methodologies, and/or subtracted point source emissions to 
avoid double-counting of emissions. In addition, some national 
emissions data obtained from EPA were allocated to county-specific 
emission levels based on local-to-national ratios of source activity 
levels.
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    \4\ The county-specific area source emissions by source category 
were determined by multiplying the source category emission factor 
by the county-specific activity level.
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    In appendix F of the July 18, 2014, submittal, OEPA has documented 
area source emissions by Source Category Code (SCC) and county. In the 
July 18, 2014, submittal, OEPA has provided a detailed discussion of 
how the emissions were derived for each source category.
    On-road mobile source emissions were estimated using EPA's Motor 
Vehicle Emission Simulator 2010b (MOVES2010b) model and Vehicle Miles 
Travelled (VMT) data supplied by the Cleveland, Columbus, and 
Cincinnati metropolitan planning organizations (MPOs). The MOVES2010b 
model was run using area-specific input data, where available, and 
national average default data where area-specific data were not 
available. The MPOs' VMT data were derived for a typical summer day. 
Appendix G of the July 18, 2014, submittal thoroughly documents the 
calculation and spatial allocation of the on-road mobile source 
emissions.
    Off-road mobile source emissions were estimated using EPA's 
National Mobile Inventory Model (NMIM). The emission estimates were 
processed through the Consolidated Community Emissions Processing Tool 
(CONCEPT) to spatially allocate the emissions to the county levels.
    Because NMIM does not address MAR emissions, MAR emissions were

[[Page 12594]]

separately estimated through contractor studies. These emission 
estimates were derived using county-specific activity levels and EPA-
supplied emission factors. The calculated emissions were spatially 
allocated using CONCEPT.
    OEPA applied standardized, EPA-recommended procedures and data 
completeness checks to quality assure (QA) (to assure data accuracy) 
and quality check (QC) (to assure data completeness) the emission 
calculations.

C. Source Emission Statements

    Section 182(a)(3)(B) of the CAA requires states to include 
regulations in the SIP to require sources (source facilities) to submit 
annual statements characterizing sources of VOC and NOX 
emission within the source facilities and to report actual VOC and 
NOX emissions for these sources. As noted above, OEPA has 
authority under OAC 3745-15-03 to require NOX and VOC EIS 
submittals for regulated source facilities in the ozone nonattainment 
areas that emit greater than or equal to 25 tons/year of VOC or 
NOX during the reporting year. The EPA approved this rule 
into the Ohio SIP on September 27, 2007 (72 FR 54844). OEPA confirmed 
in the July 18, 2014, submittal that this approved SIP regulation 
remains in place and remains enforceable for the 2008 ozone standard.

III. EPA's Evaluation

    EPA has reviewed Ohio's July 18, 2014, requested SIP revision for 
consistency with CAA and EPA emission inventory requirements. In 
particular, EPA has reviewed the techniques used by OEPA to derive and 
quality assure the emission estimates. EPA has also determined whether 
Ohio has provided the public with the opportunity to review and comment 
on the development of the emission estimates and the confirmation that 
source facility emission statements are required for the 2008 ozone 
standard and whether the state has addressed all public comments.

A. Did the State adequately document the derivation of the emission 
estimates?

    OEPA documented the procedures used to estimate the emissions for 
each of the major source types. The documentation of the emission 
estimation procedures is very thorough and is adequate for us to 
determine that Ohio followed acceptable procedures to estimate the 
emissions.

B. Did the State quality assure the emission estimates?

    OEPA developed a quality assurance plan and followed this plan 
during various phases of the emissions estimation and documentation 
process to QA and QC the emissions for completeness and accuracy. These 
quality assurance procedures were summarized in the documentation 
describing how the emissions totals were developed. The quality 
assurance procedures have been determined to be adequate and 
acceptable. We conclude that Ohio has developed inventories of VOC and 
NOX emissions that are comprehensive and complete.

C. Did the State provide for public review of the requested SIP 
revision?

    OEPA notified the public of the opportunity for comment both in 
newspapers and on OEPA's Web site. A public hearing was held on June 
24, 2014. No comments on the emission inventories were received.

IV. Final Action

    We are approving an Ohio SIP revision submitted to address the 
ozone-related emission inventory requirements for the Cleveland-Akron-
Lorain, Columbus, and Ohio portion of the Cincinnati ozone 
nonattainment areas for the 2008 ozone NAAQS. The emission inventories 
we are approving into the SIP are specified in Tables 1, 2, and 3 
above. We are approving the emission inventories because they contain 
comprehensive, accurate, and current inventories of actual emissions 
for all relevant sources in accordance with CAA sections 172(c)(3) and 
182(a), and because Ohio adopted the emission inventories after 
providing for reasonable public notice and a public hearing. Finally, 
we are also confirming that Ohio has acceptable and enforceable 
stationary annual emission statement regulations for the 2008 ozone 
standard.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective May 9, 2016 
without further notice unless we receive relevant adverse written 
comments by April 11, 2016. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that, if EPA receives adverse comment on 
an amendment, paragraph, or section of this rule and if that provision 
may be severed from the remainder of the rule, EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment. If we do not receive any comments, this action will be 
effective May 9, 2016.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because

[[Page 12595]]

application of those requirements would be inconsistent with the CAA; 
and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 9, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: February 22, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
2. Section 52.1885 is amended by adding paragraph (mm) to read as 
follows:


Sec.  52.1885  Control Strategy: Ozone.

* * * * *
    (mm) On July 18, 2014, Ohio submitted 2008 volatile organic 
compounds and oxides of nitrogen emission inventories for the 
Cleveland-Akron-Lorain and Columbus ozone nonattainment areas and for 
the Ohio portion of the Cincinnati, Ohio-Kentucky-Indiana ozone 
nonattainment areas as revisions to the Ohio state implementation plan. 
The documented emission inventories are approved as a revision of the 
state's implementation plan, meeting emission inventory requirements 
for the 2008 ozone national ambient air quality standard.

[FR Doc. 2016-05273 Filed 3-9-16; 8:45 am]
 BILLING CODE 6560-50-P