John R. Kasich, Governor 

Mary Taylor, Lt. Governor 

Craig w. 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 

Nonattainment Area" 

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-

hour ozone attainment date for the 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 Nonattainment Area" 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 

50 West Town 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 meet the requirements under Section 181 (a)( 5) of the 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 of the attainment date for 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: Jennifer Van Vlerah, SIP Manager, Ohio EPA, DAPC 

Cleveland Area 2008 Ozone Standard 1-Year Extension Request- Supplemental 

Page 2 of 2 
CHAPTER FIVE 

CONTROL MEASURES AND REGULATIONS 

CAA Section1 07 d)(3)(E)(ii), 1 07(d)(3)(iv) & 1 07(d)(3)(E)(v) 

Requirement 1 of 6 

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) of the 1990 Clean Air Act Amendments requires states with 

moderate nonattainment areas to implement RACT under Section 172(c)(1) 

with respect to the following: 

i.) Each category of VOC sources in the area covered by a Control 

Technology Guideline (CTG) document issued between November 

15, 1990, and the date of attainment; 

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 

September 2007. Areas classified as moderate and above were 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 of adopting all VOC RACT requirements under OAC Chapter 37 45-

21 as required under the 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, 

record keeping, and reporting necessary to ensure ongoing compliance. Ohio 

EPA also has an active enforcement program to address violations 

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discovered by field office staff. The Ohio RACT rules are found in OAC 

Chapter 3745-21 8

. 

Requirement 2 of 6 

CAA Section 182(b) requires plan provisions for reasonable further progress for moderate 

nonattainment areas that include a 15 percent reduction in VOC and NOx emissions. 

Background 

Section 182(b)(1) requires reductions as part of a 15 percent rate of progress 

(ROP) demonstration. The requirement for NOx emission 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 of Air 

Quality Planning and Standards, entitled "Reasonable Further Progress, 

Attainment Demonstration, and Related Requirements for Ozone 

Nonattainment Areas Meeting the Ozone National Ambient Air Quality 

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 February 22, 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 include the region's Motor Vehicle Inspection 

and Maintenance (1/M) Program (E-Check), Stage II vapor recovery from 

gasoline nozzles, enforcement cases, the original architectural coatings rule, 

and removal of the 100 ton per year cut-off for VOC 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 part ofthe one-hour redesignation on May 

7, 1996. 

In addition to the 1994 15 percent ROP, Ohio implemented NOx RACT rules9 

effective December 22, 2007. Ohio's rule has compliance dates of 

December 22, 2009 and December 22, 2010. These rules were submitted to 

U.S. EPA for consideration as a revision to the SIP on January 10, 2008. 

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

9 http://www.epa.state.oh.us/dapc/regs/3745-110/3745 _llO.html 

31 
In addition to the above, Ohio also implemented the following control 

strategies as part of the attainment demonstration: 

Portable fuel containers 10: 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) coatings 11 : Ohio's 

rule has a compliance date of January 1, 2009. This rule was not 

submitted for SIP approval due to impending changes to the 

corresponding federal rules, per agreement with U.S. EPA. 

Consumer and commercial products 12: Ohio's rule has compliance 

dates of March 15, 2008 and January 1, 2009. These rules were 

submitted to U.S. EPA for consideration as a revision to the SIP on 

October 4, 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 

two years of the enactment of the Clean Air Act Amendments and then every 

three years thereafter. 

Demonstration 

Ohio EPA submitted its emissions statement SIP on March 18, 1994 which 

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 states to pass rules that would result 

in significant emission reductions from large EGUs, industrial boilers, and 

cement kilns in the eastern United States. Ohio passed this rule in 2001. NOx 

10 http://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 12 http://www.epa.state.oh.us/dapc/regs/3745-112/3745 _112.html 

32 
SIP Call requirements are incorporated into permits along with monitoring, 

recordkeeping, and reporting necessary to ensure ongoing compliance. Ohio 

EPA also has an active enforcement program to address violations 

discovered by field office staff. Compliance is tracked through the Clean Air 

Markets data monitoring program. Beginning in 2004, this rule accounts for a 

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 Call for EGUs. National NOx emissions will be cut from 

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. States were required to submit a CAIR SIP as part 

of this effort. Ohio submitted a CAIR SIP which 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 of 264,000 tons per year to 91,000 tons per year 

within Ohio 13 . 

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 motor vehicle inspection and maintenance programs. 

Demonstration 

U.S. EPA and Ohio EPA performed modeling that indicated this area would 

attain the eight-hour ozone standard with the implementation ofthe NOx SIP 

Call. Controls for EGUs formally commenced May 31, 2004. Emissions 

covered by this program have been generally trending downward since 1998 

with larger reductions occurring in 2002 and 2003. Data taken from the U.S. 

EPA Clean Air Markets web site, quantify the gradual NOx reductions that 

have occurred in Ohio as a result of Title IV of the 1990 CAA Amendments 

and the beginning of the NOxSIP Call Rule. Ohio developed the NOxBudget 

Trading Program rules in OAC Chapter 3745-1414 in response to the SIP 

Call. OAC Chapter 3745-14 regulates EGUs and certain non-EGUs under a 

cap and trade program based on an 85 percent reduction of NOx 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 

33 
On 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 

pipeline transmissions. U.S. EPA approved this revision to the SIP on 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. EPA partially approved and partially 

disapproved Ohio's SIP revision for implementation of Stage 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. EPA guidance document for such programs entitled "Enforcement 

Guidance for Stage II Vehicle Refueling Control Programs." Furthermore, the 

September 17, 1993, guidance memorandum states that once onboard 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 light trucks, including sport utility vehicles (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 percent for passenger cars, 86 percent for smaller SUVs, 

light trucks, and minivans, and 65 to 95 percent reductions for larger SUVs, 

vans, and heavier trucks. VOC emission reductions will be approximately 12 

percent for passenger cars, 18 percent for smaller SUVs, light trucks, and 

minivans, and 15 percent for larger SUVs, vans, and heavier trucks. 

34 
Heaw-Duty Diesel Engines 

In July 2000, U.S. EPA issued a final rule for Highway Heavy Duty Engines, a 

program which includes low-sulfur diesel fuel standards, which will be phased 

in from 2004 through 2007. This rule applies to heavy-duty gasoline and 

diesel trucks and buses. This rule will result in a 40 percent reduction in NOx 

from diesel trucks and buses, a large sector of the mobile sources NOx 

inventory. 

Clean Air Non-road Diesel Rule 

In May 2004, U.S. EPA issued the Clean Air Non-road Diesel Rule. This rule 

applies to diesel engines used in industries such as construction, agriculture, 

and mining. It also contains a cleaner fuel standard similar to the highway 

diesel program. The new standards will cut emissions from non-road diesel 

engines by more than 90 percent. Non-road diesel equipment, as described 

in this rule, currently accounts for 47 percent of diesel particulate matter (PM) 

and 25 percent of NOx from mobile sources nationwide. Sulfur levels will be 

reduced in non-road diesel fuel by 99 percent from current levels, from 

approximately 3,000 parts per million (ppm) now to 15 ppm in 2009. New 

engine standards take 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 New Source 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 

program was 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 of the SIP. 

Demonstration 

Any facility that is not listed in the 2002 emission inventory, or for the closing 

of which credit was taken in demonstrating attainment, will not be allowed to 

construct, reopen, modify, or reconstruct without meeting all applicable NSR 

requirements. Once the area is redesignated, Ohio EPA will implement NSR 

through the PSD program. 

15 http//www.epa.state.oh. us/dapc/regs/3745-31 /3745 _3l.html 

35 
Requirement 6 of 6 

Assure that all existing control measures will remain in effect after redesignation unless the 

State demonstrates through photochemical modeling that the 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 of the 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 of ozone precursors in the Cleveland -Akron - Lorain 

area. 

36