John R. Kasich, Governor MaryTaylor, Lt. Governor Craigw. Butler, Director



### March 19, 2015

Mr. Douglas Aburano U.S. EPA Region V (AR-18J) 77 W. Jackson Blvd. Chicago, IL 60604

Re: Supplemental Information Regarding Ohio EPA's February 20, 2015 Submittal for a "1-Year Extension of the 8-hour Ozone Attainment Date for the Cleveland-Akron-Lorain, Ohio 2008 8-hour Ozone Standard NonattainmentArea"



### Dear Mr. Aburano,

The Ohio Environmental Protection Agency (Ohio EPA) wishes to provide supplemental information regarding our February 20, 2015 1-year extension request for the 2008 8- hourozone attainment date forthe Cleveland-Akron-Lorain, Ohio nonattainment area.
At the request of U.S. EPA, Ohio EPA is providing supplemental information to clarify Ohio meets the following criteria:
Section 181(a)(5)(A), "the State has complied with all requirements and commitments pertaining to the area in the applicable implementation plan."
In our February 20, 2015 request, we stated "Ohio EPA has complied with all applicable requirements and meets this condition." In this letter, Ohio EPA wishes to provide supplemental information to show we have implemented all requited SIP elements currently approved by U.S. EPA and will continue to have these SIP elements in place in the future.
First, Ohio EPA's 1997 "Redesignation Request and Maintenance Plan for the Cleveland- Akron-Lorain Ozone NonattainmentArea" revision submitted to U.S. EPA on March 17, 2009, and then revised on October 29, 2012, has a detailed description of emission controls that have been implemented in the Cleveland- Akron-Lorain area. A copy of "Chapter Five" from the revised submission has been attached to demonstrate

50WestTown Street e Suite 700 • P.O. Box 1049 • Columbus, OH 43216-1049 www.epa.ohio.gov • (614) 644-3020 • (614) 644·3184 (fax)

### all required em1ss1on control for the prior ozone standards have been adopted and implemented and therefor meetthe requirements under Section 181(a)(5) ofthe CAM. Secondly, under the 2008 ozone standard all of Ohio's nonattainment areas are classified as marginal. Section 182(a) of the CAM allows up to 3 years from designation to attain the standard (July 20, 2015 for Ohio) and does not require the submission of a traditional attainment demonstrations. Marginal areas are required to submit only the emissions inventory and an emissions statement program to satisfy the attainment demonstration requirements. Ohio EPA submitted the emissions inventory and emissions statement documentation to U.S. EPA on July 18, 2014 via Ohio's "State Implementation Plan 2008 Eight-Hour Ozone National Ambient Air Quality Standard Emissions Inventory & Emissions Statement" submittal.
Thus, Ohio EPA has implemented all required SIP elements and all other Section 181(a)(5) requirements discussed in our original extension request submittal and, therefore, the Cleveland-Akron-Lorain, Ohio marginal nonattainment area is eligible for a one-year extension ofthe attainment datefor the 2008 8-hour ozone standard.

We hope this supplemental information will allow you to process our request as expeditiously as practicable. If you have any questions or comments concerning this request, please contact Jennifer Van Vlerah at 614-644-3696 or at Jennifer.vanvlerah@epa.ohio.gov.

Sincerely,

Bob Hodanbosi, Chief, Ohio Environmental Protection Agency, DAPC

enclosures

cc: JenniferVan Vlerah, SIP Manager, Ohio EPA, DAPC

Cleveland Area 2008 Ozone Standard 1-Year Extension Request- Supplemental Page 2 of2

### CHAPTER FIVE

CONTROL MEASURES AND REGULATIONS CAA Section107 d)(3)(E)(ii), 107(d)(3)(iv) & 107(d)(3)(E)(v)
Requirement 1 of6 Section 182(b) of the 1990 Clean Air Act Amendments requires states with moderate nonattainment areas to implement RACT under Section 172(c)(1).
Background Section 182(b) ofthe 1990 Clean AirActAmendments requires states with moderate nonattainment areasto implement RACT underSection 172(c)(1) with respect to the following:
i.) Each category ofVOC sources in the area covered by a Control Technology Guideline (CTG) document issued between November 15, 1990, and the date ofattainment;
ii.) All VOC sources in the area covered by any CTG issued before November 15, 1990; and
iii.) All other major stationary sources of VOCs that are located in the
area.
Demonstration As required under the 1-hour ozone standard, Ohio EPA submitted VOC RACT rules covering the second and third categories. The U.S. EPA approved Ohio's VOC RACT rules on April 25, 1996 (61 FR 18255), September 7, 1994 (59 FR 46182), and October 23, 1995 (60 FR 54308). With respect to the first category, EPA issued CTGs for five source categories in September 2006 and three additional source categories in September2007. Areas classified as moderate and abovewere required to submit VOC RACT for the source categories covered by these CTGs, by September 2007 and September 2008, respectively. Ohio EPA is in the process ofadopting all VOC RACT requirements underOAC Chapter3745- 21 as required underthe first category as part of a rulemaking that will be finalized and submitted as a SIP revision in conjunction with this redesignation request.

RACT requirements are incorporated into permits along with monitoring, recordkeeping, and reporting necessaryto ensureongoing compliance. Ohio EPA also has an active enforcement program to address violations

30discovered by field office staff. The Ohio RACT rules are found in OAC Chapter 3745-21 8

. 

### Requirement 2 of6 CAA Section 182(b) requires plan provisionsforreasonablefurther progressfor moderate nonattainment areas that include a 15 percent reduction in VOC and NOx emissions.
Background Section 182(b)(1) requires reductions as partofa 15percent rate ofprogress (ROP) demonstration. The requirementfor NOxemission reductions can be waived if it is determined to not contribute to attainment. However, it was determined that NOx emission reductions would be necessary for Ohio.

As explained in a memorandum from John S. Seitz, Director, Office ofAir Quality Planning and Standards, entitled "Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air Quality Standards," dated May 10, 1995, U.S. EPA interprets the provisions regarding attainment demonstrations to not require SIP submittals if an ozone nonattainment area subject to those requirements is monitoring attainment of the ozone standard. The Cleveland-Akron-Lorain area is monitoring attainment; however, Ohio EPA submitted an attainment demonstration on June 15, 2007 (supplemented February22, 2008)which is summarized below.



### Demonstration The Cleveland-Akron-Lorain area implemented state rules identified in their 1994 15 percent ROP demonstration as part of the one-time CAAA requirements. These measures includethe region's MotorVehicle Inspection and Maintenance (1/M) Program (E-Check), Stage II vapor recovery from gasoline nozzles, enforcementcases, the original architectural coatings rule, and removal ofthe 100 ton peryear cut-offforVOC RACT requirements in the rural portion of the nonattainment area (including Stage I Vapor Recovery). While the March 14, 1994, 15 percent ROP plan submittal was not explicitly approved, these rules were assumed to be in place as part of the maintenance plan approved as partoftheone-hour redesignation on May 7, 1996.

In additionto the 1994 15 percent ROP, Ohio implemented NOx RACT rules9 effective December 22, 2007. Ohio's rule has compliance dates of December22, 2009 and December22, 2010. These ruleswere submittedto U.S. EPA for consideration as a revision to the SIP on January 10, 2008.

8http://www.epa.state.oh.us/dapc/regs/3745-21/3745

_21.html 9http://www.epa.state.oh.us/dapc/regs/3745-110/3745_llO.html 31In addition to the above, Ohio also implemented the following control strategies as part ofthe attainment demonstration:

Portable fuel containers10: Ohio's rule has a compliance date of July 1, 2007. This rule was approved into the SIP on March 30, 2007.

Architectural and industrial maintenance (AIM) coatings11 : Ohio's rule has acompliance date ofJanuary 

### 1, 2009. This rule was not submitted for SIP approval due to impending changes to the corresponding federal rules, per agreementwith U.S. EPA.

Consumerand commercial products12:Ohio's rule has compliance dates ofMarch 15, 2008 and January 

### 1, 2009. These rules were submittedto U.S. EPAforconsideration as arevisiontothe SIP on October4, 2007.
Requirement 3 of 6 Section 182(a)(3)(8) requires states to submit emissions statements.
Background Section 182(a)(3)(B) requires states to submit emissions statements within twoyears ofthe enactmentofthe CleanAirActAmendments and then every three years thereafter.

Demonstration Ohio EPAsubmitted its emissions statement SIP on March 18, 1994which was approved by U.S. EPA on October 13, 1995 (59 FR 51863). As discussed in Chapter Four (Requirement Four), Ohio EPA submits, and commits to submit, emission inventories (statements) every three years. Requirement 4 of 6 Evidence that control measures required in past ozone SIP revisions have been fully implemented. · Background In addition to the historic RACT requirements and those mentioned above, the U.S. EPA NOx SIP Call required 22 statesto pass rules thatwould result in significant emission reductions from large EGUs, industrial boilers, and cement kilns inthe eastern United States. Ohio passed this rule in 2001. NOx

10http://www.epa.state.oh.us/dapc/regs/3745-21121_17.pdf 11 http://www.epa.state.oh.us/dapc/regs/3745-113/3745_113.html
12http://www.epa.state.oh.us/dapc/regs/3745-112/3745_112.html 32SIP Call requirements are incorporated into permits along with monitoring, recordkeeping, and reporting necessaryto ensure ongoing compliance. Ohio EPA also has an active enforcement program to address violations discovered byfield office staff. Compliance istrackedthroughthe CleanAir Marketsdata monitoring program. Beginning in2004, this rule accountsfora reduction of approximately 31 percent of all NOx emissions statewide compared to previous uncontrolled years. The other 21 states also have adopted these rules.

On March 10, 2004, the U.S. EPA promulgated the CAIR. Beginning in 2009, U.S. EPA's CAIR rule requires EGUs in 28 eastern states and the District of Columbia to significantly reduce emissions of NOx. CAIR will replace the NOx SIP Callfor EGUs. National NOxemissionswill be cutfrom 4.5 million tons in 2004, to a cap of 1.5 million tons by 2009, and 1.3 million tons in 2018 in 28 states. Stateswere required to submitaCAIR SIP as part ofthis effort. Ohio submitted a CAIR SIPwhich was approved by U.S. EPA on February 1, 2007. U.S. EPA projects that in 2009 emissions of NOx will decrease from a baseline of264,000 tons peryearto 91,000 tons peryear within Ohio13

. Section 182(b) contains additional provisions applicable to moderate nonattainment areas. Section 182(b)(3) requires gasoline vapor recovery systems for gasoline dispensing stations in the area and section 182(b)(4) requires motorvehicle inspection and maintenance programs.

Demonstration U.S. EPAand Ohio EPA performed modeling that indicated this area would attain the eight-hourozone standardwith the implementation ofthe NOx SIP Call. Controls for EGUs formally commenced May 31, 2004. Emissions covered bythis program have been generallytrending downward since 1998 with larger reductions occurring in 2002 and 2003. Datataken from the U.S. EPA Clean Air Markets web site, quantify the gradual NOx reductions that have occurred in Ohio as a result ofTitle IV ofthe 1990 CAAAmendments and the beginning ofthe NOxSIPCall Rule. Ohio developed the NOxBudget Trading Program rules in OAC Chapter 3745-1414 in response to the SIP Call. OAC Chapter3745-14 regulates EGUs and certain non-EGUs undera cap and trade program based on an 85 percent reduction ofNOx emissions from EGUs and a 60 percent reduction of NOx emissions from non-EGUs, compared to historical levels. This cap will stay in place through 2008, at which time the CAIR program will supersede it as discussed above.

13 http://www.epa.gov/cair/pdfs/0053-2228.pdf 14 http://www.epa.state.oh.us/dapc/regs/3745-14/3745_l4.html 33On April 21, 2004, U.S. EPA published Phase II of the NOx SIP Call that establishes a budget for large (greater than 1 ton per day emissions) stationary internal combustion engines. Ohio EPA's OAC rule 3745-14-12 addresses stationary internal combustion engines, all used in natural gas pipelinetransmissions. U.S. EPAapprovedthis revisiontothe SIPon April4, 2008. An 82 percent NOx reduction from 1995 levels is anticipated. Completion of the compliance plan occurred by May 1, 2006 and the compliance demonstration began May 1, 2007. The 2007 controlled NOx emissions is 599 tons statewide for the ozone season.
Section 182(b)(3) requires states to submit Stage II vapor recovery rules no later than November 15, 1992. The U.S. EPApartiallyapproved and partially disapproved Ohio's SIP revision for implementation ofStage II on October, 20, 1994 (59 FR 52911). As stated in that rulemaking action, with the exception of paragraph 3745-21-09 (DDD)(5), U.S. EPA considers Ohio's Stage II program to fully satisfy the criteria set forth in the September 17, 1993, U.S. EPAguidancedocumentforsuch programs entitled "Enforcement GuidanceforStage II Vehicle Refueling Control Programs." Furthermore,the September 17, 1993, guidance memorandumstatesthatonceonboard vapor recovery regulations are promulgated, the Stage II regulations are no longer applicable for moderate ozone nonattainment areas. The U.S. EPA promulgated onboard vapor recovery rules in February 1994. Therefore, pursuant to Section 202(a)(6) of the CAA, Stage II would no longer be required.

The U.S. EPA's final liM regulations in 40 CFR Part 85 require the states to submit a fully adopted liM program by November 15, 1993. U.S. EPA approved Ohio's enhanced 1/M program (E-Check), on April4, 1995 (60 FR 16989) and January 6, 1997 (62 FR 646).

The E-check program and Stage I and Stage II requirements are still being implemented.

Tier II Emission Standards for Vehicles and Gasoline Sulfur Standards In February 2000, U.S. EPA finalized a federal rule to significantly reduce emissions from cars and lighttrucks, including sport utilityvehicles (SUVs). Under this proposal, automakers will be required to sell cleaner cars, and refineries will be required to make cleaner, lower sulfur gasoline. This rule will apply nationwide. The federal rules will phase in between 2004 and 2009. U.S. EPA has estimated that NOx emission reductions will be approximately 77 percentfor passenger cars, 86 percentfor smaller SUVs, lighttrucks, and minivans, and 65 to 95 percent reductions for larger SUVs, vans, and heaviertrucks. VOC emission reductionswill be approximately 12 percent for passenger cars, 18 percent for smaller SUVs, light trucks, and minivans, and 15 percentfor larger SUVs, vans, and heaviertrucks.
34Heaw-Duty Diesel Engines In July2000, U.S. EPAissued afinal rulefor Highway Heavy Duty Engines, a programwhich includes low-sulfurdieselfuelstandards,whichwill be phased in from 2004 through 2007. This rule applies to heavy-duty gasoline and dieseltrucks and buses. This rulewill result in a40 percentreduction in NOx from diesel trucks and buses, a large sector of the mobile sources NOx inventory.

Clean Air Non-road Diesel Rule In May2004, U.S. EPAissuedthe CleanAirNon-road Diesel Rule. This rule appliesto dieselengines used in industriessuch as construction, agriculture, and mining. It also contains a cleaner fuel standard similarto the highway diesel program. The newstandardswill cut emissions from non-road diesel engines by morethan 90 percent. Non-roaddiesel equipment, as described in this rule, currentlyaccountsfor47 percentofdiesel particulate matter(PM) and 25 percent of NOxfrom mobile sources nationwide. Sulfur levelswill be reduced in non-road diesel fuel by 99 percent from current levels, from approximately 3,000 parts per million (ppm) nowto 15 ppm in 2009. New enginestandardstake effect, based on engine horsepower, starting in 2008. Together, these rules will substantially reduce local and regional sources of
ozone precursors. Requirement 5 of 6 Acceptable provisions to provide for new source review.
Background Ohio has a long standing and fully implemented NewSource Review (NSR) program. This is addressed in OAC Chapter 3745-31 15

. The Chapter includes provisions for the Prevention of Significant Deterioration (PSD) permitting program in OAC rules 3745-31-01 to 3745-31-20. Ohio's PSD programwas conditionally approved on October 10, 2001 (66 FR 51570) and received final approval on January 22, 2003 (68FR 2909) by U.S. EPA as part ofthe SIP.

Demonstration Anyfacilitythat is not listed in the 2002 emission inventory, orforthe closing ofwhich creditwas taken indemonstrating attainment,will notbe allowedto construct, reopen, modify, orreconstructwithout meeting all applicable NSR requirements. Oncethe area is redesignated, Ohio EPAwill implement NSR through the PSD program.

15http//www.epa.state.oh.us/dapc/regs/3745-31/3745_3l.html 35Requirement 6 of6 Assurethat all existing control measureswill remain in effectafterredesignation unlessthe Statedemonstratesthrough photochemical modelingthatthe standard can be maintained without one (1) or more control measures.

Demonstration Ohio commits to maintaining the aforementioned control measures after redesignation. Ohio hereby commits that any changes to its rules or emission limits applicable to VOC and/or NOx sources, as required for maintenance ofthe ozone standard in the Cleveland

- Akron

- Lorain area, will be submitted to U.S. EPA for approval as a SIP revision.
Ohio, through Ohio EPA's Legal section, has the legal authority and necessary resources to actively enforce any violations of its rules or permit provisions. After redesignation, it intends to continue enforcing all rules that relate to the emission ofozone precursors in the Cleveland -Akron

- Lorain area.

36