7978 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Proposed Rules 

37A conformity determination that meets other 

applicable criteria in Table 1 of paragraph (b) of this 

section (93.109(e)) is still required, including the 

hot-spot requirements for projects in CO, PM10, and 

fine particulate matter (PM2.5) areas. 

a result of EPA’s adequacy finding for 

these LMPs. See 69 FR 40004 (July 1, 

2004). 

However, because LMP areas are still 

maintenance areas, certain aspects of 

transportation conformity 

determinations still will be required for 

transportation plans, programs, and 

projects. Specifically, for such 

determinations, RTPs, TIPs and 

transportation projects still will have to 

demonstrate that they are fiscally 

constrained (40 CFR 93.108), meet the 

criteria for consultation (40 CFR 93.105) 

and Transportation Control Measure 

implementation in the conformity rule 

provisions (40 CFR 93.113), as well as 

meet the hot-spot requirements for 

projects (40 CFR 93.116).37

Additionally, conformity 

determinations for RTPs and TIPs must 

be determined no less frequently than 

every four years, and conformity of plan 

and TIP amendments and transportation 

projects is demonstrated in accordance 

with the timing requirements specified 

in 40 CFR 93.104. In addition, in order 

for projects to be approved they must 

come from a currently conforming RTP 

and TIP. See 40 CFR 93.114 and 40 CFR 

93.115. 

VI. Proposed Actions 

Under sections 110(k) and 175A of the 

CAA and for the reasons set forth above, 

EPA is proposing to approve the 

GSMNP, Triangle and Rocky Mount 

LMPs for the 1997 8-hour ozone 

NAAQS, submitted by NCDAQ on 

September 22, 2020, as revisions to the 

North Carolina SIP. EPA is proposing to 

approve the LMPs because each LMP 

includes an acceptable update of the 

various elements of the 1997 8-hour 

ozone NAAQS Maintenance Plans 

approved by EPA for the first 10-year 

period (including emissions inventory, 

assurance of adequate monitoring and 

verification of continued attainment, 

and contingency provisions), and 

retains the relevant portions of the SIP. 

EPA also finds that the GSMNP, 

Triangle and Rocky Mount Areas, 

former nonattainment areas for the 1997 

8-hour ozone NAAQS, qualify for the 

LMP option, and therefore, the Areas’ 

LMPs adequately demonstrate 

maintenance of the 1997 8-hour ozone 

NAAQS through documentation of 

monitoring data showing maximum 

1997 8-hour ozone levels well below the 

NAAQS and continuation of existing 

control measures. EPA believes each of 

the Areas’ 1997 8-Hour Ozone LMPs to 

be sufficient to provide for maintenance 

of the 1997 8-hour ozone NAAQS over 

the second 10-year maintenance periods 

(which extends through January 6, 2030 

for the GSMNP Area, through January 5, 

2027 for the Rocky Mount Area; and 

through December 26, 2027 for the 

Triangle Area), and thereby satisfy the 

requirements for such a plan under CAA 

section 175A(b). 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 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. These actions merely propose 

to approve state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

these proposed actions: 

• Are not significant regulatory 

actions 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); 

• Do not impose information 

collection burdens under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having 

significant economic impacts on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandates or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

application of those requirements would 

be inconsistent with the CAA; and 

• Do 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). 

These SIP revisions are not proposed 

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 as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: February 3, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–02718 Filed 2–10–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2021–0949; FRL–9532–01– 

R5] 

Air Plan Approval; Ohio; 

Redesignation of the Ohio Portion of 

the Cincinnati, Ohio-Kentucky Area to 

Attainment of the 2015 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to find that 

the Cincinnati, Ohio-Kentucky area 

(Area) is attaining the 2015 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS or standard) and to 

approve a request from the Ohio 

Environmental Protection Agency 

(OEPA) to redesignate the Ohio portion 

of the Area to attainment for the 2015 

ozone NAAQS because the request 

meets the statutory requirements for 

redesignation under the Clean Air Act 

(CAA). The Area includes Butler, 

Clermont, Hamilton, and Warren 

Counties in Ohio and Boone, Campbell, 

and Kenton Counties in Kentucky. 

OEPA submitted this request on 

December 21, 2021. EPA is also 

proposing to approve, as a revision to 

the Ohio State Implementation Plan 

(SIP), the state’s plan for maintaining 

the 2015 8-hour ozone standard through 


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2035 in the Area. Finally, EPA is 

proposing to approve the state’s 2026 

and 2035 volatile organic compound 

(VOC) and oxides of nitrogen (NOX) 

Motor Vehicle Emission Budgets 

(MVEBs) for the Ohio portion of the 

Area. 

DATES: Comments must be received on 

or before March 14, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2021–0949 at https://

www.regulations.gov or via email to 

arra.sarah@epa.gov. 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 

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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Olivia Davidson, Environmental 

Scientist, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–0266, 

davidson.olivia@epa.gov. The EPA 

Region 5 office is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding Federal holidays and facility 

closures due to COVID–19. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What are the actions EPA is proposing? 

II. What is the background for these actions? 

III. What are the criteria for redesignation? 

IV. What is EPA’s analysis of Ohio’s 

redesignation request? 

A. Has the area attained the 2015 8-hour 

ozone NAAQS? 

B. Has Ohio met all applicable 

requirements of section 110 and part D 

of the CAA for the Area, and does the 

Ohio portion of the area have a fully 

approved SIP under section 110(k) of the 

CAA? 

C. Are the air quality improvements in the 

Area due to permanent and enforceable 

emission reductions? 

D. Does Ohio have a fully approvable 

ozone maintenance plan for the Area? 

V. Has the state adopted approvable motor 

vehicle emission budgets? 

A. Motor Vehicle Emission Budgets 

B. What is a safety margin? 

VI. Proposed Actions 

VII. Statutory and Executive Order Reviews 

I. What are the actions EPA is 

proposing? 

EPA is proposing to take several 

related actions. EPA is proposing to 

determine that the Area, currently 

designated nonattainment, is attaining 

the 2015 ozone standard. This is based 

on quality-assured and certified 

monitoring data for 2019–2021 and 

EPA’s findings that the Ohio portion of 

the Area has met the requirements for 

redesignation under section 107(d)(3)(E) 

of the CAA. EPA is thus proposing to 

approve OEPA’s request to change the 

legal designation of the Ohio portion of 

the Area from nonattainment to 

attainment for the 2015 ozone standard. 

EPA is also proposing to approve, as a 

revision to the Ohio SIP, the state’s 

maintenance plan (such approval being 

one of the CAA criteria for redesignation 

to attainment status) for the Area. The 

maintenance plan is designed to keep 

the Area in attainment of the 2015 

ozone NAAQS through 2035. Finally, 

EPA is proposing to approve the newly 

established 2026 and 2035 MVEBs for 

the Ohio portion of the Area for 

transportation conformity purposes. 

II. What is the background for these 

actions? 

EPA has determined that ground-level 

ozone is detrimental to human health. 

On October 1, 2015, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.070 

parts per million (ppm). See 80 FR 

65291 (October 26, 2015). Under EPA’s 

regulations at 40 CFR part 50, the 2015 

8-hour ozone NAAQS is attained in an 

area when the 3-year average of the 

annual fourth highest daily maximum 

8-hour average concentration is equal to 

or less than 0.070 ppm, when truncated 

after the thousandth decimal place, at 

all of the ozone monitoring sites in the 

area. See 40 CFR 50.15 and appendix P 

to 40 CFR part 50. 

Upon promulgation of a new or 

revised NAAQS, section 107(d)(1)(B) of 

the CAA requires EPA to designate as 

nonattainment any areas that are 

violating the NAAQS, based on the most 

recent three years of quality assured 

ozone monitoring data. The Cincinnati 

area was designated as a marginal 

nonattainment area for the 2015 ozone 

NAAQS on June 4, 2018 (83 FR 25776, 

effective August 3, 2018). 

III. What are the criteria for 

redesignation? 

Section 107(d)(3)(E) of the CAA 

allows redesignation of an area to 

attainment of the NAAQS provided that: 

(1) The Administrator (EPA) determines 

that the area has attained the NAAQS; 

(2) the Administrator has fully approved 

the applicable 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 

reductions in emissions resulting from 

implementation of the applicable SIP, 

applicable Federal air pollutant control 

regulations, and other permanent and 

enforceable emission reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A of the CAA; and (5) the state 

containing the area has met all 

requirements applicable to the area for 

the purposes of redesignation under 

section 110 and part D of the CAA. 

On April 16, 1992, EPA provided 

guidance on redesignations in the 

General Preamble for the 

Implementation of Title I of the CAA 

Amendments of 1990 (57 FR 13498) and 

supplemented this guidance on April 

28, 1992 (57 FR 18070). EPA has 

provided further guidance on processing 

redesignation requests in the following 

documents: 

1. ‘‘Ozone and Carbon Monoxide Design 

Value Calculations,’’ Memorandum from Bill 

Laxton. Director, Technical Support Division, 

June 18, 1990; 

2. ‘‘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; 

3. ‘‘Contingency Measures for Ozone and 

Carbon Monoxide (CO) Redesignations,’’ 

Memorandum from G.T. Helms, Chief, 

Ozone/Carbon Monoxide Programs Branch, 

June 1, 1992; 

4. ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ 

Memorandum from John Calcagni, Director, 

Air Quality Management Division, September 

4, 1992 (the ‘‘Calcagni Memorandum’’); 

5. ‘‘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; 

6. ‘‘Technical Support Documents (TSDs) 

for Redesignation of Ozone and Carbon 


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1The ozone season is defined by state in 40 CFR 

58 appendix D. For the 2012–2014 and 2013–2015 

time periods, the ozone seasons for Ohio, Indiana, 

and Kentucky were April–October, April– 

September, and March–October, respectively. 

Beginning in 2016, the ozone seasons for Ohio, 

Indiana and Kentucky are March–October. See, 80 

FR 65292, 65466–67 (October 26, 2015). 

2The monitor ozone design value for the monitor 

with the highest 3-year averaged concentration. 

Monoxide (CO) Nonattainment Areas,’’ 

Memorandum from G.T. Helms, Chief, 

Ozone/Carbon Monoxide Programs Branch, 

August 17, 1993; 

7. ‘‘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; 

8. ‘‘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; 

9. ‘‘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 

10. ‘‘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 is EPA’s analysis of Ohio’s 

redesignation request? 

A. Has the area attained the 2015 8- 

hour ozone NAAQS? 

For redesignation of a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has 

attained the applicable NAAQS (CAA 

section 107(d)(3)(E)(i)). An area is 

attaining the 2015 ozone NAAQS if it 

meets the 2015 ozone NAAQS, as 

determined in accordance with 40 CFR 

50.15 and appendix P of part 50, based 

on three complete, consecutive calendar 

years of quality-assured air quality data 

for all monitoring sites in the area. To 

attain the NAAQS, the three-year 

average of the annual fourth-highest 

daily maximum 8-hour average ozone 

concentrations (ozone design values) at 

each monitor must not exceed 0.070 

ppm. The air quality data must be 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

recorded in EPA’s Air Quality System 

(AQS). Ambient air quality monitoring 

data for the 3-year period must also 

meet data completeness requirements. 

An ozone design value is valid if daily 

maximum 8-hour average 

concentrations are available for at least 

90 percent of the days within the ozone 

monitoring seasons,1 on average, for the 

three-year period, with a minimum data 

completeness of 75 percent during the 

ozone monitoring season of any year 

during the three-year period. See section 

4 of appendix U to 40 CFR part 50. 

EPA has reviewed the available ozone 

monitoring data from monitoring sites 

in the Area for the 2019–2021 period. 

These data have been quality assured, 

are recorded in the AQS, and have been 

certified. These data demonstrate that 

the Area is attaining the 2015 ozone 

NAAQS. The annual fourth-highest 

8-hour ozone concentrations and the 

3-year average of these concentrations 

(monitoring site ozone design values) 

for each monitoring site are summarized 

in Table 1. 

TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE 4TH

HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE AREA

State County Monitor 

2019 

4th high 

(ppm) 

2020 

4th high 

(ppm) 

2021 

4th high 

(ppm) 

2019–2021 

average 

(ppm) 

Ohio ......................................................... Butler ............. 39–017–0018 0.067 0.070 0.064 0.067 

39–017–0023 0.067 0.067 0.066 0.066 

39–017–9991 0.065 0.064 0.063 0.064 

Clermont ........ 39–025–0022 0.071 0.064 0.065 0.066 

Hamilton ......... 39–061–0006 0.072 0.070 0.070 0.070 

39–061–0010 0.067 0.070 0.064 0.067 

39–061–0040 0.071 0.068 0.069 0.069 

Warren ........... 39–165–0007 0.070 0.071 0.069 0.070 

Kentucky .................................................. Boone ............ 21–015–0003 0.062 0.062 0.061 0.061 

Campbell ........ 21–037–3002 0.062 0.063 0.064 0.063 

The 3-year ozone design value for 

2019–2021 is 0.07 ppm,2 which meets 

the 2015 ozone NAAQS. Therefore, in 

today’s action, EPA proposes to 

determine that the Area is attaining the 

2015 ozone NAAQS. 

EPA will not take final action to 

determine that the Area is attaining the 

NAAQS nor to approve the 

redesignation of this area if the design 

value of a monitoring site in the area 

exceeds the NAAQS after proposal but 

prior to final approval of the 

redesignation. As discussed in section 

IV.D.3. below, OEPA has committed to 

continue monitoring ozone in this area 

to verify maintenance of the 2015 ozone 

NAAQS. 

B. Has Ohio met all applicable 

requirements of section 110 and part D 

of the CAA for the area, and does the 

Ohio portion of the area have a fully 

approved SIP under section 110(k) of 

the CAA? 

As criteria for redesignation of an area 

from nonattainment to attainment of a 

NAAQS, the CAA requires EPA to 

determine that the state has met all 

applicable requirements under section 

110 and part D of title I of the CAA (see 

section 107(d)(3)(E)(v) of the CAA) and 

that the state has a fully approved SIP 

under section 110(k) of the CAA (see 

section 107(d)(3)(E)(ii) of the CAA). EPA 

proposes to find that Ohio has a fully 

approved SIP under section 110(k) of 

the CAA. Additionally, EPA proposes to 

find that the Ohio SIP satisfies the 

criterion that it meets applicable SIP 

requirements, for purposes of 

redesignation, under section 110 and 


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3On October 27, 1992 (63 FR 57356), EPA issued 

a NOX SIP call requiring the District of Columbia 

and 22 states to reduce emissions of NOX in order 

to reduce the transport of ozone and ozone 

precursors. In compliance with EPA’s NOX SIP call, 

Ohio developed rules governing the control of NOX

emissions from Electric Generating Units (EGUs), 

major non-EGU industrial boilers and turbines, and 

major cement kilns. EPA approved Ohio’s rules as 

fulfilling Phase I of the NOX SIP Call on August 5, 

2003 (68 FR 46089) and June 27, 2005 (70 FR 

36845), and as meeting Phase II of the NOX SIP Call 

on February 4, 2008 (73 FR 6427). 

part D of title I of the CAA 

(requirements specific to nonattainment 

areas for the 2015 ozone NAAQS). In 

making these proposed determinations, 

EPA ascertained which CAA 

requirements are applicable to the Area 

and the Ohio SIP and, if applicable, 

whether the required Ohio SIP elements 

are fully approved under section 110(k) 

and part D of the CAA. As discussed 

more fully below, SIPs are required to 

be fully approved only with respect to 

currently applicable requirements 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. Under this interpretation, a 

state and the area it wishes to 

redesignate must meet the relevant CAA 

requirements that are due prior to the 

state’s submittal of a complete 

redesignation request for the area. See 

also the September 17, 1993, Michael 

Shapiro memorandum and 60 FR 12459, 

12465–66 (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 request remain applicable 

until a redesignation to attainment is 

approved but are not required as a 

prerequisite 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). 

1. Ohio Has Met All Applicable 

Requirements of Section 110 and Part D 

of the CAA Applicable to the Ohio 

Portion of the Area for Purposes of 

Redesignation 

a. Section 110 General Requirements for 

Implementation Plans 

Section 110(a)(2) of the CAA 

delineates the general requirements for 

a SIP. Section 110(a)(2) provides that 

the SIP must have been adopted by the 

state after reasonable public notice and 

hearing, and that, among other things, it 

must: (1) Include enforceable emission 

limitations and other control measures, 

means or techniques necessary to meet 

the requirements of the CAA; (2) 

provide for establishment and operation 

of appropriate devices, methods, 

systems and procedures necessary to 

monitor ambient air quality; (3) provide 

for implementation of a source permit 

program to regulate the modification 

and construction of stationary sources 

within the areas covered by the plan; (4) 

include provisions for the 

implementation of part C prevention of 

significant deterioration (PSD) and part 

D new source review (NSR) permit 

programs; (5) include provisions for 

stationary source emission control 

measures, monitoring, and reporting; (6) 

include provisions for air quality 

modeling; and, (7) provide for public 

and local agency participation in 

planning and emission control rule 

development. 

Section 110(a)(2)(D) of the CAA 

requires SIPs to contain measures to 

prevent sources in a state from 

significantly contributing to air quality 

problems in another state. To 

implement this provision, EPA has 

required certain states to establish 

programs to address transport of certain 

air pollutants, e.g., NOX SIP call.3

However, like many of the 110(a)(2) 

requirements, the section 110(a)(2)(D) 

SIP requirements are not linked with a 

particular area’s ozone designation and 

classification. EPA concludes that the 

SIP requirements linked with an area’s 

ozone designation and classification are 

the relevant measures to evaluate when 

reviewing a redesignation request for 

the area. The section 110(a)(2)(D) 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area within the state. Thus, we believe 

these requirements are not applicable 

requirements for purposes of 

redesignation. See 65 FR 37890 (June 

15, 2000), 66 FR 50399 (October 19, 

2001), 68 FR 25418, 25426–27 (May 13, 

2003). 

In addition, EPA believes that other 

section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked with an area’s 

ozone attainment status are not 

applicable requirements for purposes of 

redesignation. The relevant area will 

still be subject to these requirements 

after the area is redesignated to 

attainment of the 2015 ozone NAAQS. 

The section 110 and part D 

requirements which are linked with a 

particular area’s designation and 

classification are the relevant measures 

to evaluate in reviewing a redesignation 

request. This approach is consistent 

with EPA’s existing policy on 

applicability (i.e., for redesignations) of 

conformity and oxygenated fuels 

requirements, 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-AkronLoraine, Ohio final rulemaking, 61 FR 

20458 (May 7, 1996); and Tampa, 

Florida final rulemaking, 60 FR 62748 

(December 7, 1995). See also the 

discussion of 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 have reviewed Ohio’s SIP and 

have concluded that it meets the general 

SIP requirements under section 110 of 

the CAA, to the extent those 

requirements are applicable for 

purposes of redesignation. On August 

11, 2021 (86 FR 43962), EPA approved 

elements of the SIP submitted by Ohio 

to meet the requirements of section 110 

for the 2015 ozone standard. The 

requirements of section 110(a)(2), 

however, are statewide requirements 

that are not linked to the 8-hour ozone 

nonattainment status of the Area. 

Therefore, EPA concludes that these 

infrastructure requirements are not 

applicable requirements for purposes of 

review of the state’s 8-hour ozone 

redesignation request. 

b. Part D Requirements. 

Section 172(c) of the CAA sets forth 

the basic requirements of air quality 

plans for states with nonattainment 

areas that are required to submit them 

pursuant to section 172(b). Subpart 2 of 

part D, which includes section 182 of 

the CAA, establishes specific 

requirements for ozone nonattainment 

areas depending on the areas’ 

nonattainment classifications. 

The Area was classified as marginal 

under subpart 2 for the 2015 ozone 

NAAQS. As such, the Area is subject to 

the subpart 1 requirements contained in 

section 172(c) and section 176. 

Similarly, the Area is subject to the 

subpart 2 requirements contained in 

section 182(a) (marginal nonattainment 

area requirements). A thorough 

discussion of the requirements 

contained in section 172(c) and 182 can 

be found in the General Preamble for 

Implementation of Title I (57 FR 13498). 


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4CAA section 176(c)(4)(E) requires states to 

submit revisions to their SIPs to reflect certain 

Federal criteria and procedures for determining 

transportation conformity. Transportation 

conformity SIPs are different from SIPs requiring 

the development of Motor Vehicle Emission 

Budgets (MVEBs), such as control strategy SIPs and 

maintenance plans. 

i. Subpart 1 Section 172 Requirements 

As provided in subpart 2, for marginal 

ozone nonattainment areas such as the 

Area, the specific requirements of 

section 182(a) apply in lieu of the 

attainment planning requirements that 

would otherwise apply under section 

172(c), including the attainment 

demonstration and reasonably available 

control measures (RACM) under section 

172(c)(1), reasonable further progress 

(RFP) under section 172(c)(2), and 

contingency measures under section 

172(c)(9). 42 U.S.C. 7511a(a). 

Section 172(c)(3) requires submission 

and approval of a comprehensive, 

accurate and current inventory of actual 

emissions. This requirement is 

superseded by the inventory 

requirement in section 182(a)(1) 

discussed below. 

Section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

modified stationary sources in an area, 

and section 172(c)(5) requires source 

permits for the construction and 

operation of new and modified major 

stationary sources anywhere in the 

nonattainment area. EPA approved 

Ohio’s NSR program on January 10, 

2003 (68 FR 1366) and February 25, 

2010 (75 FR 8496). Nonetheless, EPA 

has determined that, since PSD 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a NSR program be approved prior 

to redesignation, provided that the area 

demonstrates maintenance of the 

NAAQS without part D NSR. 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 the Area will be able 

to maintain the standard without part D 

NSR in effect; therefore, EPA concludes 

that the state need not have a fully 

approved part D NSR program prior to 

approval of the redesignation request. 

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); and Grand Rapids, 

Michigan (61 FR 31834–31837, June 21, 

1996). Ohio’s PSD program will become 

effective in the Area upon redesignation 

to attainment. EPA approved Ohio’s 

PSD program on January 22, 2003 (68 

FR 2909) and February 25, 2010 (75 FR 

8496). 

Section 172(c)(6) requires the SIP to 

contain control measures necessary to 

provide for attainment of the NAAQS. 

Because attainment has been reached, 

no additional measures are needed to 

provide for attainment. 

Section 172(c)(7) requires the SIP to 

meet the applicable provisions of 

section 110(a)(2). As noted above, we 

believe the Ohio SIP meets the 

requirements of section 110(a)(2) for 

purposes of redesignation. 

ii. Section 176 Conformity 

Requirements 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that Federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs and 

projects that are developed, funded or 

approved under title 23 of the United 

States Code (U.S.C.) and the Federal 

Transit Act (transportation conformity) 

as well as to all other Federally 

supported or funded projects (general 

conformity). State transportation 

conformity SIP revisions must be 

consistent with Federal conformity 

regulations relating to consultation, 

enforcement and enforceability that EPA 

promulgated pursuant to its authority 

under the CAA. 

EPA interprets the conformity SIP 

requirements 4 as not applying for 

purposes of evaluating a redesignation 

request under section 107(d) because 

state conformity rules are still required 

after redesignation and Federal 

conformity rules apply where state 

conformity rules have not been 

approved. See Wall v. EPA, 265 F.3d 

426 (6th Cir. 2001) (upholding this 

interpretation); see also 60 FR 62748 

(December 7, 1995) (redesignation of 

Tampa, Florida). Nonetheless, Ohio has 

an approved conformity SIP for the 

Area. See 80 FR 11133 (March 2, 2015). 

iii. Section 182(a) Requirements 

Section 182(a)(1) requires states to 

submit a comprehensive, accurate, and 

current inventory of actual emissions 

from sources of VOC and NOX emitted 

within the boundaries of the ozone 

nonattainment area. OEPA submitted a 

2014 base year emissions inventory for 

the Area on July 24, 2020. EPA 

approved this emissions inventory as a 

revision to the Ohio SIP on March 3, 

2021 (86 FR 12270). 

Under section 182(a)(2)(A), states 

with ozone nonattainment areas that 

were designated prior to the enactment 

of the 1990 CAA amendments were 

required to submit, within six months of 

classification, all rules and corrections 

to existing VOC reasonably available 

control technology (RACT) rules that 

were required under section 172(b)(3) 

prior to the 1990 CAA amendments. The 

Area is not subject to the section 

182(a)(2) RACT ‘‘fix up’’ requirement for 

the 2015 ozone NAAQS because it was 

designated as nonattainment for this 

standard after the enactment of the 1990 

CAA amendments and because Ohio 

complied with this requirement for the 

Area under the prior 1-hour ozone 

NAAQS. See 59 FR 23796 (May 9, 1994) 

and 60 FR 15235 (March 23, 1995). 

Section 182(a)(2)(B) requires each 

state with a marginal ozone 

nonattainment area that implemented or 

was required to implement a vehicle 

inspection and maintenance (I/M) 

program prior to the 1990 CAA 

amendments to submit a SIP revision for 

an I/M program no less stringent than 

that required prior to the 1990 CAA 

amendments or already in the SIP at the 

time of the CAA amendments, 

whichever is more stringent. For the 

purposes of the 2015 ozone standard 

and the consideration of Ohio’s 

redesignation request for this standard, 

the Area is not subject to the section 

182(a)(2)(B) requirement because the 

Area was designated as nonattainment 

for the 2015 ozone standard after the 

enactment of the 1990 CAA 

amendments. 

Regarding the source permitting and 

offset requirements of section 

182(a)(2)(C) and section 182(a)(4), Ohio 

currently has a fully approved part D 

NSR program in place. EPA approved 

Ohio’s PSD program on January 22, 

2003 (68 FR 2909) and February 25, 

2010 (75 FR 8496). As discussed above, 

Ohio has demonstrated that the Area 

will be able to maintain the standard 

without part D NSR in effect; therefore, 

EPA concludes 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 the 

Area upon redesignation to attainment. 

Section 182(a)(3) requires states to 

submit periodic emission inventories 

and a revision to the SIP to require the 

owners or operators of stationary 

sources to annually submit emission 

statements documenting actual VOC 

and NOX emissions. As discussed below 

in section IV.D.4. of this proposed rule, 


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5EME Homer City Generation, L.P. v. EPA, 696 

F.3d 7, 38 (D.C. Cir. 2012). 

Ohio will continue to update its 

emissions inventory at least once every 

three years. With regard to stationary 

source emission statements, EPA 

approved Ohio’s emission statement 

rule on September 27, 2007 (72 FR 

54844). On July 24, 2020, Ohio certified 

that this approved SIP regulation 

remains in place and remains 

enforceable for the 2015 ozone standard. 

EPA approved Ohio’s certification on 

March 3, 2021 (81 FR 12270). 

The Ohio portion of the Area has 

satisfied all applicable requirements for 

purposes of redesignation under section 

110 and part D of title I of the CAA. 

2. The Ohio Portion of the Area Has a 

Fully Approved SIP for Purposes of 

Redesignation Under Section 110(k) of 

the CAA 

Ohio has adopted and submitted and 

EPA has approved at various times, 

provisions addressing the various SIP 

elements applicable for the ozone 

NAAQS. As discussed above, EPA has 

fully approved the Ohio SIP for the Area 

under section 110(k) for all 

requirements applicable for purposes of 

redesignation under the 2015 ozone 

NAAQS. EPA may rely on prior SIP 

approvals in approving a redesignation 

request (see the Calcagni memorandum 

at page 3; Southwestern Pennsylvania 

Growth Alliance v. Browner, 144 F.3d 

984, 989–990 (6th Cir. 1998); Wall v. 

EPA, 265 F.3d 426), plus any additional 

measures it may approve in conjunction 

with a redesignation action (see 68 FR 

25426 (May 12, 2003) and citations 

therein). 

C. Are the air quality improvements in 

the Area due to permanent and 

enforceable emission reductions? 

To redesignate an area from 

nonattainment to attainment, section 

107(d)(3)(E)(iii) of the CAA requires 

EPA to determine that the air quality 

improvement in the area is due to 

permanent and enforceable reductions 

in emissions resulting from the 

implementation of the SIP and 

applicable Federal air pollution control 

regulations and other permanent and 

other permanent and enforceable 

emission reductions. EPA has 

determined that Ohio has demonstrated 

that that the observed ozone air quality 

improvement in the Area is due to 

permanent and enforceable reductions 

in VOC and NOX emissions resulting 

from state measures adopted into the 

SIP and Federal measures. 

In making this demonstration, the 

state has calculated the change in 

emissions between 2014 and 2019. The 

reduction in emissions and the 

corresponding improvement in air 

quality over this time period can be 

attributed to a number of regulatory 

control measures that the Area and 

upwind areas have implemented in 

recent years. In addition, OEPA 

provided an analysis to demonstrate the 

improvement in air quality was not due 

to unusually favorable meteorology. 

Based on the information summarized 

below, Ohio has adequately 

demonstrated that the improvement in 

air quality is due to permanent and 

enforceable emissions reductions. 

1. Permanent and Enforceable Emission 

Controls Implemented 

a. Regional NOX Controls 

Clean Air Interstate Rule (CAIR)/Cross 

State Air Pollution Rule (CSAPR). CAIR 

created regional cap-and-trade programs 

to reduce sulfur dioxide (SO2) and NOX

emissions in 27 eastern states, including 

Ohio, that contributed to downwind 

nonattainment and maintenance of the 

1997 8-hour ozone NAAQS and the 

1997 fine particulate matter (PM2.5) 

NAAQS. See 70 FR 25162 (May 12, 

2005). EPA approved Ohio’s CAIR 

regulations into the Ohio SIP on 

February 1, 2008 (73 FR 6034), and 

September 25, 2009 (74 FR 48857). In 

2008, the United States Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit) initially vacated 

CAIR, North Carolina v. EPA, 531 F.3d 

896 (D.C. Cir. 2008), but ultimately 

remanded the rule to EPA without 

vacatur to preserve the environmental 

benefits provided by CAIR, North 

Carolina v. EPA, 550 F.3d 1176, 1178 

(D.C. Cir. 2008). On August 8, 2011 (76 

FR 48208), acting on the D.C. Circuit’s 

remand, EPA promulgated CSAPR to 

replace CAIR and thus to address the 

interstate transport of emissions 

contributing to nonattainment and 

interfering with maintenance of the two 

air quality standards covered by CAIR as 

well as the 2006 PM2.5 NAAQS. CSAPR 

requires substantial reductions of SO2

and NOX emissions from electric 

generating units (EGUs) in 28 states in 

the Eastern United States. 

The D.C. Circuit’s initial vacatur of 

CSAPR 5 was reversed by the United 

States Supreme Court on April 29, 2014, 

and the case was remanded to the D.C. 

Circuit to resolve remaining issues in 

accordance with the high court’s ruling. 

EPA v. EME Homer City Generation, 

L.P., 134 S. Ct. 1584 (2014). On remand, 

the D.C. Circuit affirmed CSAPR in most 

respects, but invalidated without 

vacating some of the CSAPR budgets as 

to a number of states. EME Homer City 

Generation, L.P. v. EPA, 795 F.3d 118 

(D.C. Cir. 2015). The remanded budgets 

include the Phase 2 NOX ozone season 

emissions budgets for Ohio. On 

September 7, 2016, in response to the 

remand, EPA finalized an update to 

CSAPR requiring further reductions in 

NOX emissions from EGUs beginning in 

May 2017. This final rule was projected 

to result in a 20% reduction in ozone 

season NOX emissions from EGUs in the 

eastern United States, a reduction of 

800,000 tons in 2017 compared to 2015 

levels. 

The improvement in ozone air quality 

in the Area from 2014 (a year when the 

design value for the area was above the 

NAAQS) to 2019 is partially due to 

CSAPR emissions reductions. 

b. Federal Emission Control Measures 

A large portion of reductions in 

emissions in the Ohio portion of the 

Area from 2014–2019 were due to 

permanent and enforceable reductions 

in mobile source VOC and NOX

emissions. 

From 2014 to 2019, onroad and 

nonroad mobile source emission 

reductions accounted for 63 percent of 

the total NOX reductions and 69 percent 

of the total VOC reductions in the Ohio 

portion of the Area. As laid out in the 

State’s maintenance demonstration, 

NOX and VOC emissions in the Ohio 

portion of the area are projected to 

continue their downward trend 

throughout the maintenance period, 

driven primarily by point source 

emission reductions from source 

retirements for NOX and onroad and 

nonroad mobile source reductions for 

VOC. From 2019 to 2035, Ohio 

projected that 67 percent of the NOX

emission reductions would be due to 

point source emission reductions and 95 

percent of the VOC reductions in the 

Ohio portion of the area would be due 

to mobile source measures based on 

EPA-approved mobile source modeling. 

Reductions in VOC and NOX

emissions have occurred statewide and 

in upwind areas as a result of Federal 

emission control measures, with 

additional emission reductions expected 

to occur in the future. Federal emission 

control measures include the following. 

Tier 2 Emission Standards for 

Vehicles and Gasoline Sulfur Standards. 

On February 10, 2000 (65 FR 6698), EPA 

promulgated Tier 2 motor vehicle 

emission standards and gasoline sulfur 

control requirements. These emission 

control requirements result in lower 

VOC and NOX emissions from new cars 

and light duty trucks, including sport 

utility vehicles. With respect to fuels, 

this rule required refiners and importers 

of gasoline to meet lower standards for 

sulfur in gasoline, which were phased 


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6https://www.epa.gov/air-emissions-modeling/ 

2014-2016-version-7-air-emissions-modelingplatforms. 

in between 2004 and 2006. By 2006, 

refiners were required to meet a 30 ppm 

average sulfur level, with a maximum 

cap of 80 ppm. This reduction in fuel 

sulfur content ensures the effectiveness 

of low emission-control technologies. 

The Tier 2 tailpipe standards 

established in this rule were phased in 

for new vehicles between 2004 and 

2009. EPA estimates that, when fully 

implemented, this rule will cut NOX

and VOC emissions from light-duty 

vehicles and light-duty trucks by 

approximately 76 and 28 percent, 

respectively. NOX and VOC reductions 

from medium-duty passenger vehicles 

included as part of the Tier 2 vehicle 

program are estimated to be 

approximately 37,000 and 9,500 tons 

per year, respectively, when fully 

implemented. In addition, EPA 

estimates that beginning in 2007, a 

reduction of 30,000 tons per year of 

NOX will result from the benefits of 

sulfur control on heavy-duty gasoline 

vehicles. Some of these emission 

reductions occurred by the attainment 

years and additional emission 

reductions will occur throughout the 

maintenance period, as older vehicles 

are replaced with newer, compliant 

model years. 

Tier 3 Emission Standards for 

Vehicles and Gasoline Sulfur Standards. 

On April 28, 2014 (79 FR 23414), EPA 

promulgated Tier 3 motor vehicle 

emission and fuel standards to reduces 

both tailpipe and evaporative emissions 

and to further reduce the sulfur content 

in fuels. The rule will be phased in 

between 2017 and 2025. Tier 3 sets new 

tailpipe standards for the sum of VOC 

and NOX and for particulate matter. The 

VOC and NOX tailpipe standards for 

light-duty vehicles represent 

approximately an 80% reduction from 

today’s fleet average and a 70% 

reduction in per-vehicle particulate 

matter (PM) standards. Heavy-duty 

tailpipe standards represent about a 

60% reduction in both fleet average 

VOC and NOX and per-vehicle PM 

standards. The evaporative emissions 

requirements in the rule will result in 

approximately a 50 percent reduction 

from current standards and apply to all 

light-duty and onroad gasoline-powered 

heavy-duty vehicles. Finally, the rule 

lowers the sulfur content of gasoline to 

an annual average of 10 ppm by January 

2017. As projected by these estimates 

and demonstrated in the onroad 

emission modeling for the Area, some of 

these emission reductions occurred by 

the attainment years and additional 

emission reductions will occur 

throughout the maintenance period, as 

older vehicles are replaced with newer, 

compliant model years. 

Heavy-Duty Diesel Engine Rules. In 

July 2000, EPA issued a rule for onhighway heavy-duty diesel engines that 

includes standards limiting the sulfur 

content of diesel fuel. Emissions 

standards for NOX, VOC and PM were 

phased in between model years 2007 

and 2010. In addition, the rule reduced 

the highway diesel fuel sulfur content to 

15 parts per million by 2007, leading to 

additional reductions in combustion 

NOX and VOC emissions. EPA has 

estimated future year emission 

reductions due to implementation of 

this rule. Nationally, EPA estimated that 

2015 NOX and VOC emissions would 

decrease by 1,260,000 tons and 54,000 

tons, respectively. Nationally, EPA 

estimated that 2030 NOX and VOC 

emissions will decrease by 2,570,000 

tons and 115,000 tons, respectively. As 

projected by these estimates and 

demonstrated in the on-road emission 

modeling for the Area, some of these 

emission reductions occurred by the 

attainment years and additional 

emission reductions will occur 

throughout the maintenance period, as 

older vehicles are replaced with newer, 

compliant model years. 

Nonroad Diesel Rule. On June 29, 

2004 (69 FR 38958), EPA issued a rule 

adopting emissions standards for 

nonroad diesel engines and sulfur 

reductions in nonroad diesel fuel. This 

rule applies to diesel engines used 

primarily in construction, agricultural, 

and industrial applications. Emission 

standards are phased in for 2008 

through 2015 model years based on 

engine size. The SO2 limits for nonroad 

diesel fuels were phased in from 2007 

through 2012. EPA estimates that when 

fully implemented, compliance with 

this rule will cut NOX emissions from 

these nonroad diesel engines by 

approximately 90 percent. Some of 

these emission reductions occurred by 

the attainment years and additional 

emission reductions will occur 

throughout the maintenance period. 

Nonroad Spark-Ignition Engines and 

Recreational Engine Standards. On 

November 8, 2002 (67 FR 68242), EPA 

adopted emission standards for large 

spark-ignition engines such as those 

used in forklifts and airport groundservice equipment; recreational vehicles 

such as off-highway motorcycles, allterrain vehicles, and snowmobiles; and 

recreational marine diesel engines. 

These emission standards are phased in 

from model year 2004 through 2012. 

When fully implemented, EPA estimates 

an overall 72 percent reduction in VOC 

emissions from these engines and an 80 

percent reduction in NOX emissions. 

Some of these emission reductions 

occurred by the attainment years and 

additional emission reductions will 

occur throughout the maintenance 

period. 

Category 3 Marine Diesel Engine 

Standards. On April 30, 2010 (75 FR 

22896) EPA issued emission standards 

for marine compression-ignition engines 

at or above 30 liters per cylinder. Tier 

2 emission standards apply beginning in 

2011, and are expected to result in a 15 

to 25 percent reduction in NOX

emissions from these engines. Final Tier 

3 emission standards apply beginning in 

2016 and are expected to result in 

approximately an 80 percent reduction 

in NOX from these engines. Some of 

these emission reductions occurred by 

the attainment years and additional 

emission reductions will occur 

throughout the maintenance period. 

c. Control Measures Specific to the Area 

Changes at several EGUs have 

resulted in reductions in NOX

emissions. The Walter C. Beckjord 

facility in Clermont County, Ohio 

permanently shut down in October of 

2014. NOX emissions from EGUs in 

Clermont County dropped from 44.88 

Tons per summer day (TPSD) in 2014 to 

15.87 TPSD in 2019, partly attributable 

to closure of the Walter C. Beckjord 

facility. Further, the DTE St. Bernard 

facility converted to natural gas from 

coal-fired boilers in November of 2015. 

NOX emissions from EGUs in Hamilton 

County dropped from 4.10 TPSD in 

2014 to 2.40 TPSD in 2019, partially 

attributable to the DTE St. Bernard 

facility fuel conversion. 

2. Emission Reductions 

Ohio is using a 2014 emissions 

inventory as the nonattainment year. 

This is appropriate because it was one 

of the years used to designate the area 

as nonattainment. Ohio is using a 2019 

inventory as the attainment year 

inventory for the purposes of 

comparison, which is appropriate 

because it is one of the years in the 

2019–2021 period used to demonstrate 

attainment. Area (including airports and 

railyards), nonroad mobile, and point 

source emissions (EGUs and non-EGUs) 

were collected from data available on 

EPA’s Air Emissions Modeling website.6

Using Emissions Modeling platforms 

2014v7.1 and 2016v2, OEPA collected 

data for the 2014 National Emissions 

Inventory (NEI) year and the 2016 NEI 

for the 2023, 2026 and 2032 projected 

emissions, versions 2014fd, 2016fj, 


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2023fj, 2026fj and 2032fd respectively. 

OEPA determined the 2016v2 inventory 

was the appropriate inventory for the 

projected emission data as it represents 

the best available emission data, 

updated with EGU impacts of the 

CSAPR Update and improvements in 

methodologies related to solvents. TPSD 

emissions were then derived by 

dividing July emissions by the number 

of days in July. 2014 emissions were 

derived from the 2014v7.1 platform 

without modification. 2019 emissions 

were derived by interpolating between 

the 2016 and projected 2026 emissions 

from the 2016v2 (versions 2016fd and 

2023fd) platform. 

OEPA compiled 2014 and 2019 actual 

point source emissions from state 

inventory databases. TPSD emissions 

were then derived by applying a 

conversion factor to the annual 

emissions. The conversion factor was 

derived from the emissions modeling 

platform 2016v2 as the ratio of the 

average July day to annual emissions for 

the non-EGU sector. 

Onroad mobile source emissions were 

developed in conjunction with the 

Ohio-Kentucky-Indiana Regional 

Council of Governments (OKI) and were 

calculated from emission factors 

produced by EPA’s 2020 Motor Vehicle 

Emission Simulator (MOVES3) model 

and data extracted from the region’s 

travel-demand model. 

Using the inventories described 

above, Ohio’s submittal documents 

changes in VOC and NOX emissions 

from 2014 to 2019 for the Area. 

Emissions data are shown in Tables 2 

through 7. 

TABLE 2—AREA NOX EMISSIONS FOR NONATTAINMENT YEAR 2014 

[TPSD] 

County Point Nonroad Area Onroad Total 

Ohio: 

Butler ............................................................................. 11.06 4.21 2.46 12.40 30.13 

Clermont ....................................................................... 44.91 2.33 1.14 6.90 55.28 

Hamilton ........................................................................ 23.13 8.19 7.70 32.60 71.62 

Warren .......................................................................... 0.94 3.21 1.03 11.00 16.18 

Kentucky: 

Boone ............................................................................ 12.96 1.61 3.65 7.10 25.32 

Campbell ....................................................................... 0.28 0.60 1.65 2.50 5.03 

Kenton ........................................................................... 0.28 1.19 1.48 5.90 8.85 

Ohio Totals ............................................................ 80.04 17.94 12.33 62.90 173.21 

Area Totals ............................................................ 93.56 21.34 19.11 78.40 212.41 

TABLE 3—AREA VOC EMISSIONS FOR NONATTAINMENT YEAR 2014 

[TPSD] 

County Point Nonroad Area Onroad Total 

Ohio: 

Butler ............................................................................. 2.93 3.26 13.38 6.10 25.67 

Clermont ....................................................................... 0.67 2.51 6.26 3.50 12.94 

Hamilton ........................................................................ 2.76 8.39 31.81 13.70 56.66 

Warren .......................................................................... 0.51 2.89 8.91 3.70 16.01 

Kentucky: 

Boone ............................................................................ 1.95 2.70 9.28 1.60 15.53 

Campbell ....................................................................... 0.49 0.68 2.48 0.90 4.55 

Kenton ........................................................................... 0.46 0.98 4.03 1.60 7.07 

Ohio Totals ............................................................ 6.87 17.05 60.36 27.00 111.28 

Area Totals ............................................................ 9.77 21.41 76.15 31.10 138.43 

TABLE 4—AREA NOX EMISSIONS FOR ATTAINMENT YEAR 2019 

[TPSD] 

County Point Nonroad Area Onroad Total 

Ohio: 

Butler ............................................................................. 8.63 2.01 2.26 7.00 19.90 

Clermont ....................................................................... 15.87 1.43 1.09 3.80 22.19 

Hamilton ........................................................................ 36.16 5.90 5.34 18.00 65.40 

Warren .......................................................................... 2.08 2.01 1.04 6.20 11.33 

Kentucky: 

Boone ............................................................................ 5.99 0.74 2.54 4.70 13.97 

Campbell ....................................................................... 0.29 0.38 0.92 2.20 3.79 

Kenton ........................................................................... 0.28 0.57 1.53 5.30 7.68 

Ohio Totals ............................................................ 62.74 11.35 9.73 35.00 118.82 

Area Totals ............................................................ 69.30 13.04 14.72 47.20 144.26 


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TABLE 5—AREA VOC EMISSIONS FOR ATTAINMENT YEAR 2019 

[TPSD] 

County Point Nonroad Area Onroad Total 

Ohio: 

Butler ............................................................................. 2.41 2.52 12.28 3.90 21.11 

Clermont ....................................................................... 0.46 2.17 6.84 2.20 11.67 

Hamilton ........................................................................ 2.21 6.15 27.26 8.40 44.02 

Warren .......................................................................... 0.74 2.49 8.88 2.40 14.51 

Kentucky: 

Boone ............................................................................ 2.75 1.49 7.29 1.30 12.83 

Campbell ....................................................................... 0.40 0.52 2.23 0.80 3.95 

Kenton ........................................................................... 0.43 0.74 4.11 1.50 6.78 

Ohio Totals ............................................................ 5.82 13.33 55.26 16.90 91.31 

Area Totals ............................................................ 9.40 16.08 68.89 20.50 114.87 

TABLE 6—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2014 AND 2019 FOR THE OHIO PORTION OF THE AREA

[TPSD] 

NOX VOC 

2014 2019 Net change 

(2014–2019) 2014 2019 Net change (2014–2019) 

Point ......................................................... 80.04 62.74 ¥17.30 6.87 5.82 ¥1.05 

Nonroad ................................................... 17.94 11.35 ¥6.59 17.05 13.33 ¥3.72 

Area .......................................................... 12.33 9.73 ¥2.60 60.36 55.26 ¥5.10 

Onroad ..................................................... 62.90 35.00 ¥27.90 27.00 16.90 ¥10.10 

Total .................................................. 173.21 118.82 ¥54.39 111.28 91.31 ¥19.97 

TABLE 7—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2014 AND 2019 FOR THE ENTIRE AREA

[TPSD] 

NOX VOC 

2014 2019 Net change 

(2014–2019) 2014 2019 Net change (2014–2019) 

Point ......................................................... 93.56 69.30 ¥24.26 9.77 9.40 ¥0.37 

Nonroad ................................................... 21.34 13.04 ¥8.30 21.41 16.08 ¥5.33 

Area .......................................................... 19.11 14.72 ¥4.39 76.15 68.89 ¥7.26 

Onroad ..................................................... 78.40 47.20 ¥31.20 31.10 20.50 ¥10.60 

Total .................................................. 212.41 144.26 ¥68.15 138.43 114.87 ¥23.56 

Table 7 shows that the Area reduced 

NOX and VOC emissions by 68.15 TPSD 

and 23.56 TPSD, respectively, between 

2014 and 2019. As shown in Table 6, 

the Ohio portion of the Area alone 

reduced NOX and VOC emissions by 

54.39 TPSD and 19.97 TPSD, 

respectively, between 2014 and 2019. 

3. Meteorology 

To further support OEPA’s 

demonstration that the improvement in 

air quality between the year violations 

occurred and the year attainment was 

achieved, is due to permanent and 

enforceable emission reductions and not 

on favorable meteorology, an analysis 

was performed by the Lake Michigan 

Air Directors Consortium (LADCO). A 

classification and regression tree 

(CART) analysis was conducted with 

2005 through 2020 data from Area 

ozone sites that had average ozone 

concentrations of greater than 50 parts 

per billion (ppb). The goal of the 

analysis was to determine the 

meteorological and air quality 

conditions associated with ozone 

episodes, and construct trends for the 

days identified as sharing similar 

meteorological conditions. 

Regression trees were developed for 

the Area ozone data to classify each 

summer day by its ozone concentration 

and associated meteorological 

conditions. By grouping days with 

similar meteorology, the influence of 

meteorological variability on the 

underlying trend in ozone 

concentrations is partially removed and 

the remaining trend is presumed to be 

due to trends in precursor emissions or 

other non-meteorological influences. 

The CART analysis showed the 

resulting trends in ozone concentrations 

declining over the period examined, 

supporting the conclusion that the 

improvement in air quality was not due 

to unusually favorable meteorology. 

D. Does Ohio have a fully approvable 

ozone maintenance plan for the Area? 

As one of the criteria for redesignation 

to attainment section 107(d)(3)(E)(iv) of 

the CAA requires EPA to determine that 

the area has a fully approved 

maintenance plan pursuant to section 

175A of the CAA. Section 175A of the 

CAA sets forth the elements of a 

maintenance plan for areas seeking 

redesignation from nonattainment to 

attainment. Under section 175A, the 

maintenance plan must demonstrate 


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continued attainment of the NAAQS for 

at least 10 years after the Administrator 

approves a redesignation to attainment. 

Eight years after the redesignation, the 

state must submit a revised maintenance 

plan which demonstrates that 

attainment of the NAAQS will continue 

for an additional 10 years beyond the 

initial 10 year maintenance period. To 

address the possibility of future NAAQS 

violations, the maintenance plan must 

contain contingency measures, as EPA 

deems necessary, to assure prompt 

correction of the future NAAQS 

violation. 

The Calcagni Memorandum provides 

further guidance on the content of a 

maintenance plan, explaining that a 

maintenance plan should address five 

elements: (1) An attainment emission 

inventory; (2) a maintenance 

demonstration; (3) a commitment for 

continued air quality monitoring; (4) a 

process for verification of continued 

attainment; and (5) a contingency plan. 

In conjunction with its request to 

redesignate the Ohio portion of the Area 

to attainment for the 2015 ozone 

standard, OEPA submitted a SIP 

revision to provide for maintenance of 

the 2015 ozone standard through 2035, 

more than 10 years after the expected 

effective date of the redesignation to 

attainment. As is discussed more fully 

below, EPA proposes to find that Ohio’s 

ozone maintenance plan includes the 

necessary components and is proposing 

to approve the maintenance plan as a 

revision of the Ohio SIP. 

1. Attainment Inventory 

EPA is proposing to determine that 

the Area has attained the 2015 8-hour 

ozone NAAQS based on monitoring data 

for the period of 2019–2021. OEPA 

selected 2019 as the attainment 

emissions inventory year to establish 

attainment emission levels for VOC and 

NOX. The attainment emissions 

inventory identifies the levels of 

emissions in the Area that are sufficient 

to attain the 2015 ozone NAAQS. The 

derivation of the attainment year 

emissions was discussed above in 

section IV.C.2. of this proposed rule. 

The attainment level emissions, by 

source category, are summarized in 

Tables 4 and 5 above. 

2. Has the state documented 

maintenance of the ozone standard in 

the Area? 

Ohio has demonstrated maintenance 

of the 2015 ozone standard through 

2035 by assuring that current and future 

emissions of VOC and NOX for the Area 

remain at or below attainment year 

emission levels. 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), 68 FR 25413, 25430–25432 (May 

12, 2003). 

Ohio is using emissions inventories 

for the years 2026 and 2035 to 

demonstrate maintenance. 2035 is more 

than 10 years after the expected 

effective date of the redesignation to 

attainment and 2026 was selected to 

demonstrate that emissions are not 

expected to spike in the interim 

between the attainment year and the 

final maintenance year. The emissions 

inventories were developed as described 

below. 

To develop the 2026 and 2035 

inventories, the state collected data from 

the Ozone NAAQS Emissions Modeling 

platform (2016v2) inventories for the 

base year 2016 and the 2023, 2026 and 

2032 projected inventories. 2026 

emissions for area, nonroad mobile, 

AIR, and point source sectors were 

derived from 2026 EPA-projected 

emissions from the 2016v2 platform 

(version 2026fd) without modification. 

2035 emissions for area, nonroad 

mobile, AIR, and point source sectors 

were derived by extrapolating from the 

2032 EPA-projected emissions from the 

2016v2 platform (version 2032fd) and 

using the TREND function in Excel. If 

the trend function resulted in a negative 

value, the emissions were assumed to be 

the same as in 2032. Summer day 

inventories were derived for these 

sectors using the methodology described 

in section IV.C.2. above. Finally, onroad 

mobile source emissions were 

developed in conjunction with OKI 

using the same methodology described 

in section IV.C.2. above for the 2016 

inventory. Emissions data are shown in 

Tables 8 through 13 below. 

TABLE 8—AREA NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2026 

[TPSD] 

County Point Nonroad Area Onroad Total 

Ohio: 

Butler ............................................................................. 9.07 1.46 2.02 4.40 16.95 

Clermont ....................................................................... 10.43 1.07 0.93 2.30 14.73 

Hamilton ........................................................................ 13.72 4.12 5.03 11.30 34.17 

Warren .......................................................................... 2.23 1.44 1.00 4.00 8.67 

Kentucky: 

Boone ............................................................................ 2.13 0.58 3.22 2.60 8.53 

Campbell ....................................................................... 0.28 0.29 0.70 0.90 2.17 

Kenton ........................................................................... 0.29 0.41 1.22 2.40 4.32 

Ohio Totals ............................................................ 35.45 8.09 8.98 22.00 74.52 

Area Totals ............................................................ 38.15 9.37 14.12 27.90 89.54 

TABLE 9—AREA VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2026 

[TPSD] 

County Point Nonroad Area Onroad Total 

Ohio: 

Butler ............................................................................. 1.75 2.24 12.47 2.90 19.36 

Clermont ....................................................................... 0.19 1.68 7.41 1.60 10.88 

Hamilton ........................................................................ 1.46 5.53 26.21 6.00 39.20 

Warren .......................................................................... 0.82 1.86 10.14 1.80 14.62 

Kentucky: 


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TABLE 9—AREA VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2026—Continued 

[TPSD] 

County Point Nonroad Area Onroad Total 

Boone ............................................................................ 1.68 1.28 8.21 1.00 12.17 

Campbell ....................................................................... 0.42 0.40 2.22 0.50 3.54 

Kenton ........................................................................... 0.64 0.71 4.21 1.00 6.56 

Ohio Totals ............................................................ 4.22 11.31 56.23 12.30 84.06 

Area Totals ............................................................ 6.96 13.70 70.87 14.80 106.33 

TABLE 10—AREA NOX EMISSIONS FOR MAINTENANCE YEAR 2035 

[TPSD] 

County Point Nonroad Area Onroad Total 

Ohio: 

Butler ............................................................................. 8.31 1.26 1.90 3.30 15.19 

Clermont ....................................................................... 0.01 0.90 0.81 1.60 3.32 

Hamilton ........................................................................ 2.66 3.60 4.69 8.60 19.66 

Warren .......................................................................... 2.05 1.20 0.95 3.00 7.20 

Kentucky: 

Boone ............................................................................ 2.35 0.54 3.85 2.00 8.74 

Campbell ....................................................................... 0.28 0.26 0.58 0.60 1.72 

Kenton ........................................................................... 0.30 0.37 1.06 1.60 3.33 

Ohio Totals ............................................................ 13.03 6.96 8.35 16.50 45.37 

Area Totals ............................................................ 15.96 8.13 13.84 20.70 59.16 

TABLE 11—AREA VOC EMISSIONS FOR MAINTENANCE YEAR 2035 

[TPSD] 

County Point Nonroad Area Onroad Total 

Ohio: 

Butler ............................................................................. 1.67 2.18 12.65 2.10 18.65 

Clermont ....................................................................... 0.06 1.54 7.87 1.20 10.67 

Hamilton ........................................................................ 1.28 5.46 25.54 4.50 36.79 

Warren .......................................................................... 0.82 1.67 11.18 1.40 15.07 

Kentucky: 

Boone ............................................................................ 1.68 1.25 8.99 0.80 12.72 

Campbell ....................................................................... 0.42 0.37 2.22 0.30 3.31 

Kenton ........................................................................... 0.64 0.72 4.28 0.70 6.34 

Ohio Totals ............................................................ 3.83 10.85 57.24 9.20 81.18 

Area Totals ............................................................ 6.57 13.19 72.73 11.00 103.55 

TABLE 12—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2019 AND 2035 FOR THE OHIO PORTION OF THE AREA

[TPSD] 

NOX VOC 

2019 2026 2035 Net change 

(2019–2035) 2019 2026 2035 Net change (2019–2035) 

Point ..................................... 62.74 35.45 13.03 ¥49.71 5.82 4.22 3.83 ¥1.99 

Nonroad ............................... 11.35 8.09 6.96 ¥4.39 13.33 11.31 10.85 ¥2.48 

Area ...................................... 9.73 8.98 8.35 ¥1.38 55.26 56.23 57.24 1.98 

Onroad ................................. 35.00 22.00 16.50 ¥18.50 16.90 12.30 9.20 ¥7.70 

Total .............................. 118.82 74.52 44.84 ¥73.98 91.31 84.06 81.12 ¥10.19 


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TABLE 13—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2019 AND 2035 FOR THE ENTIRE AREA

[TPSD] 

NOX VOC 

2019 2026 2035 Net change 

(2019–2035) 2019 2026 2035 Net change (2019–2035) 

Point ..................................... 69.30 38.15 15.96 ¥53.34 9.40 6.96 6.57 ¥2.83 

Nonroad ............................... 13.04 9.37 8.13 ¥4.91 16.08 13.70 13.19 ¥2.89 

Area ...................................... 14.72 14.12 13.84 ¥0.88 68.89 70.87 72.73 3.84 

Onroad ................................. 47.20 27.90 20.70 ¥26.50 20.50 14.80 11.00 ¥9.50 

Total .............................. 144.26 89.54 59.16 ¥55.10 114.87 106.33 103.55 ¥11.32 

In summary, the maintenance 

demonstration for the Area shows 

maintenance of the 2015 ozone standard 

by providing emissions information to 

support the demonstration that future 

emissions of NOX and VOC will remain 

at or below 2019 emission levels when 

taking into account both future source 

growth and implementation of future 

controls. Table 13 shows NOX and VOC 

emissions in the Area are projected to 

decrease by 55.10 TPSD and 11.32 

TPSD, respectively, between 2019 and 

2035. As shown in Table 12, NOX and 

VOC emissions in the Ohio portion of 

the Area alone are projected to decrease 

by 73.98 TPSD and 10.19 TPSD, 

respectively, between 2019 and 2035. 

3. Continued Air Quality Monitoring 

OEPA has committed to continue to 

operate the ozone monitors listed in 

Table 1 above. OEPA has committed to 

consult with EPA prior to making 

changes to the existing monitoring 

network should changes become 

necessary in the future. Ohio remains 

obligated to meet monitoring 

requirements and continue to quality 

assure monitoring data in accordance 

with 40 CFR part 58, and to enter all 

data into the Air Quality System (AQS) 

in accordance with Federal guidelines. 

4. Verification of Continued Attainment 

The State of Ohio has the legal 

authority to enforce and implement the 

requirements of the maintenance plan 

for the Ohio portion of the Area. This 

includes the authority to adopt, 

implement, and enforce any subsequent 

emission control measures determined 

to be necessary to correct future ozone 

attainment problems. 

Verification of continued attainment 

is accomplished through operation of 

the ambient ozone monitoring network 

and the periodic update of the area’s 

emissions inventory. OEPA will 

continue to operate the current ozone 

monitors located in the Ohio portion of 

the Area. There are no plans to 

discontinue operation, relocate, or 

otherwise change the existing ozone 

monitoring network other than through 

revisions in the network approved by 

the EPA. 

In addition, to track future levels of 

emissions, OEPA will continue to 

develop and submit to EPA updated 

emission inventories for all source 

categories at least once every three 

years, consistent with the requirements 

of 40 CFR part 51, subpart A, and in 40 

CFR 51.122. The Consolidated 

Emissions Reporting Rule (CERR) was 

promulgated by EPA on June 10, 2002 

(67 FR 39602). The CERR was replaced 

by the Annual Emissions Reporting 

Requirements (AERR) on December 17, 

2008 (73 FR 76539). The most recent 

triennial inventory for Ohio was 

compiled for 2017. Point source 

facilities covered by Ohio’s emission 

statement rule, Ohio Administrative 

Code Chapter 3745–24, will continue to 

submit VOC and NOX emissions on an 

annual basis. 

5. What is the contingency plan for the 

Area? 

Section 175A of the CAA requires that 

the state must adopt a maintenance 

plan, as a SIP revision, that includes 

such contingency measures as EPA 

deems necessary to assure that the state 

will promptly correct a violation of the 

NAAQS that occurs after redesignation 

of the area to attainment of the NAAQS. 

The maintenance plan must identify: 

The contingency measures to be 

considered and, if needed for 

maintenance, adopted and 

implemented; a schedule and procedure 

for adoption and implementation; 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 

considered, adopted, and implemented. 

The maintenance plan must include a 

commitment that the state will 

implement all measures with respect to 

the control of the pollutant that were 

contained in the SIP before 

redesignation of the area to attainment 

in accordance with section 175A(d) of 

the CAA. 

As required by section 175A of the 

CAA, Ohio has adopted a contingency 

plan for the Area to address possible 

future ozone air quality problems. The 

contingency plan adopted by Ohio has 

two levels of response, a warning level 

response and an action level response. 

In Ohio’s plan, a warning level 

response will be triggered when an 

annual fourth high monitored value of 

0.074 ppm or higher is monitored 

within the maintenance area. A warning 

level response will consist of OEPA 

conducting a study to determine 

whether the ozone value indicates a 

trend toward higher ozone values 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. The 

study will consider ease and timing of 

implementation as well as economic 

and social impacts. Implementation of 

necessary controls in response to a 

warning level response trigger will take 

place within 12 months from the 

conclusion of the most recent ozone 

season. 

In Ohio’s plan, an action level 

response is triggered when a two-year 

average fourth high value of 0.071 ppm 

or greater is monitored within the 

maintenance area. A violation of the 

2015 ozone NAAQS within the 

maintenance area also triggers an action 

level response. When an action level 

response is triggered, OEPA, in 

conjunction with the metropolitan 

planning organization or regional 

council of governments, will determine 

what additional control measures are 

needed to assure future attainment of 

the 2015 ozone NAAQS. Control 

measures selected will be adopted and 

implemented within 18 months from 

the close of the ozone season that 

prompted the action level. OEPA may 

also consider if significant new 

regulations not currently included as 

part of the maintenance provisions will 


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be implemented in a timely manner and 

would thus constitute an adequate 

contingency measure response. 

OEPA included the following list of 

potential contingency measures in its 

maintenance plan: 

1. Adopt VOC RACT on existing 

sources covered by EPA Control 

Technique Guidelines issued after the 

1990 CAA. 

2. Apply VOC RACT to smaller 

existing sources. 

3. One or more transportation control 

measures sufficient to achieve at least 

half a percent reduction in actual area 

wide VOC emissions. Transportation 

measures will be selected from the 

following, based upon the factors listed 

above after consultation with affected 

local governments: 

a. Trip reduction programs, including, 

but not limited to, employer-based 

transportation management plans, area 

wide rideshare programs, work schedule 

changes, and telecommuting; 

b. traffic flow and transit 

improvements; and 

c. other new or innovative 

transportation measures not yet in 

widespread use that affected local 

governments deem appropriate. 

4. Alternative fuel and diesel retrofit 

programs for fleet vehicle operations. 

5. Require VOC or NOX emission 

offsets for new and modified major 

sources. 

6. Increase the ratio of emission 

offsets required for new sources. 

7. Require VOC or NOX controls on 

new minor sources (less than 100 tons). 

8. Adopt NOX RACT for existing 

combustion sources. 

9. High volume, low pressure coating 

application requirements for autobody 

facilities. 

10. Requirements for cold cleaner 

degreaser operations (low vapor 

pressure solvents). 

To qualify as contingency measure, 

emissions reductions from that measure 

must not be factored into the emissions 

projections used in the maintenance 

plan. 

EPA has concluded that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: Attainment 

inventory, maintenance demonstration, 

monitoring network, verification of 

continued attainment, and a 

contingency plan. In addition, as 

required by section 175A(b) of the CAA, 

OEPA has committed to submit to EPA 

an updated ozone maintenance plan 

eight years after redesignation of the 

Ohio portion of the Area to cover an 

additional ten years beyond the initial 

10-year maintenance period. Thus, EPA 

proposes to find that the maintenance 

plan SIP revision submitted by OEPA 

for the Ohio portion of the Area meets 

the requirements of section 175A of the 

CAA and EPA proposes to approve it as 

a revision to the Ohio SIP. 

V. Has the state adopted approvable 

motor vehicle emission budgets? 

A. Motor Vehicle Emission Budgets 

Under section 176(c) of the CAA, new 

transportation plans, programs, or 

projects that receive Federal funding or 

support, such as the construction of new 

highways, must ‘‘conform’’ to (i.e., be 

consistent with) the SIP. Conformity to 

the SIP means that transportation 

activities will not cause new air quality 

violations, worsen existing air quality 

problems, or delay timely attainment of 

the NAAQS or interim air quality 

milestones. Regulations at 40 CFR part 

93 set forth EPA policy, criteria, and 

procedures for demonstrating and 

assuring conformity of transportation 

activities to a SIP. Transportation 

conformity is a requirement for 

nonattainment and maintenance areas. 

Maintenance areas are areas that were 

previously nonattainment for a 

particular NAAQS, but that have been 

redesignated to attainment with an 

approved maintenance plan for the 

NAAQS. 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIPs for nonattainment areas and 

maintenance plans for areas seeking 

redesignations to attainment of the 

ozone standard and maintenance areas. 

See the SIP requirements for the 2015 

ozone standard in EPA’s December 6, 

2018 implementation rule (83 FR 

62998). These control strategy SIPs 

(including reasonable further progress 

plans and attainment plans) and 

maintenance plans must include MVEBs 

for criteria pollutants, including ozone, 

and their precursor pollutants (VOC and 

NOX for ozone) to address pollution 

from onroad transportation sources. The 

MVEBs are the portion of the total 

allowable 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. See 40 CFR 

93.101. 

Under 40 CFR part 93, a MVEB for an 

area seeking a redesignation to 

attainment must be established, at 

minimum, for the last year of the 

maintenance plan. A state may adopt 

MVEBs for other years as well. The 

MVEB serves as a ceiling on emissions 

from an area’s planned transportation 

system. The MVEB concept is further 

explained in the preamble to the 

November 24, 1993, Transportation 

Conformity Rule (58 FR 62188). The 

preamble also describes how to 

establish the MVEB in the SIP and how 

to revise the MVEB, if needed, 

subsequent to initially establishing a 

MVEB in the SIP. 

As discussed earlier, Ohio’s 

maintenance plan includes NOX and 

VOC MVEBs for the Area for 2035 and 

2026, the last year of the maintenance 

period and an interim year. The MVEBS 

were developed as part of an 

interagency consultation process which 

includes Federal, state, and local 

agencies. The MVEBS were clearly 

identified and precisely quantified. 

These MVEBs, when considered 

together with all other emissions 

sources, are consistent with 

maintenance of the 2015 8-hour ozone 

standard. 

TABLE 14—MVEBS FOR THE OHIO PORTION OF THE AREA

[TPSD] 

Attainment 

year 2019 

onroad 

emissions 

2026 

estimated 

onroad 

emissions 

2026 

mobile safety 

margin 

allocation 

2026 MVEBs 

2035 

estimated 

onroad 

emissions 

2035 

mobile safety 

margin 

allocation 

2035 MVEBs 

VOC ............................. 15.58 12.30 1.85 14.15 9.20 1.38 10.58 

NOX .............................. 31.90 22.00 3.30 25.30 16.50 2.48 18.98 

As shown in Table 14, the 2026 and 

2035 MVEBs exceed the estimated 2026 

and 2035 onroad sector emissions. In an 

effort to accommodate future variations 

in travel demand models and vehicle 

miles traveled forecast, OEPA allocated 

a portion of the safety margin (described 

further below) to the mobile sector. 

Ohio has demonstrated that the Area 


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can maintain the 2015 ozone NAAQS 

with mobile source emissions in the 

Ohio portion of the area of 14.15 TPSD 

and 10.58 TPSD of VOC and 25.3 TPSD 

and 18.98 TPSD of NOX in 2026 and 

2035, respectively, since despite partial 

allocation of the safety margin, 

emissions will remain under attainment 

year emission levels. EPA is proposing 

to approve the MVEBs for use to 

determine transportation conformity in 

the Ohio portion of the Area, because 

EPA has determined that the area can 

maintain attainment of the 2015 ozone 

NAAQS for the relevant maintenance 

period with mobile source emissions at 

the levels of the MVEBs. 

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. As 

noted in Table 12, the emissions in the 

Ohio portion of the Area are projected 

to have safety margins of 55.10 TPSD for 

NOX and 11.32 TPSD for VOC in 2035 

(the difference between the attainment 

year, 2019, emissions and the projected 

2035 emissions for all sources in the 

Ohio portion of the Area). Similarly, 

there is a safety margin of 30.38 TPSD 

for NOX and 2.78 TPSD for VOC in 

2026. Even if emissions reached the full 

level of the safety margin, the counties 

would still demonstrate maintenance 

since emission levels would equal those 

in the attainment year. 

As shown in Table 14 above, Ohio is 

allocating a portion of that safety margin 

to the mobile source sector. Specifically, 

in 2026, Ohio is allocating 1.85 TPSD 

and 3.30 TPSD of the VOC and NOX

safety margins, respectively. In 2035, 

Ohio is allocating 1.38 TPSD and 2.48 

TPSD of the VOC and NOX safety 

margins, respectively. OEPA is not 

requesting allocation to the MVEBs of 

the entire available safety margins 

reflected in the demonstration of 

maintenance. In fact, the amount 

allocated to the MVEBs represents only 

a small portion of the 2026 and 2035 

safety margins. Therefore, even though 

the state is requesting MVEBs that 

exceed the projected onroad mobile 

source emissions for 2026 and 2035 

contained in the demonstration of 

maintenance, the increase in onroad 

mobile source emissions that can be 

considered for transportation 

conformity purposes is well within the 

safety margins of the ozone maintenance 

demonstration. Further, once allocated 

to mobile sources, these safety margins 

will not be available for use by other 

sources. 

VI. Proposed Actions 

EPA is proposing to determine that 

the Area is attaining the 2015 ozone 

standard, based on quality-assured and 

certified monitoring data for 2019–2021 

and that the Ohio portion of this area 

has met the requirements for 

redesignation under section 107(d)(3)(E) 

of the CAA. EPA is thus proposing to 

approve OEPA’s request to change the 

legal designation of the Ohio portion of 

the Area from nonattainment to 

attainment for the 2015 ozone standard. 

EPA is also proposing to approve, as a 

revision to the Ohio SIP, the state’s 

maintenance plan for the area. The 

maintenance plan is designed to keep 

the Area in attainment of the 2015 

ozone NAAQS through 2035. Finally, 

EPA is proposing to approve the newly 

established 2026 and 2035 MVEBs for 

the Ohio portion of the Area. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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 (Public Law 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 

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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because 

redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone national ambient air quality 

standards in tribal lands. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Volatile 

organic compounds. 

Dated: February 4, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–02945 Filed 2–10–22; 8:45 am] 

BILLING CODE 6560–50–P 


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