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[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Proposed Rules]
[Pages 283-294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30717]

[[Page 283]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0983; FRL-11757-01-R5]

Air Plan Approval; Ohio; Moderate Attainment Plan Elements for 
the Cleveland Area for the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the following portions of Ohio's State Implementation Plan 
(SIP) submission for the Cleveland 2015 ozone national ambient air 
quality standard (NAAQS or standard) Moderate nonattainment area: the 
base year emissions inventory, the reasonable further progress (RFP) 
demonstration, the motor vehicle inspection and maintenance (I/M) 
program, and the nonattainment new source review (NNSR) program. EPA is 
proposing to approve these portions of the State's submission as a SIP 
revision pursuant to section 110 and part D of the CAA and EPA's 
regulations. EPA is also initiating the adequacy process and proposing 
approval of the 2023 motor vehicle emissions budgets (budgets) 
associated with the Cleveland Moderate ozone nonattainment RFP 
demonstration.

DATES: Comments must be received on or before February 3, 2025.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0983 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from the docket. EPA may publish 
any comment received to its public docket. Do not submit to EPA's 
docket at https://www.regulations.gov any information you consider to 
be Confidential Business Information (CBI), Proprietary Business 
Information (PBI), 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, 
PBI, or multimedia submissions, and general guidance on making 
effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Air and Radiation 
Division (AR18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, 
[email protected]. The EPA Region 5 office is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. Evaluation of Ohio's Submittal
    A. 2017 Base Year Emissions Inventory
    B. 15% RFP Plan
    C. Motor Vehicle Emission Budgets
    D. Motor Vehicle Inspection and Maintenance (I/M) Program
    E. NNSR Review
III. Environmental Justice Considerations
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background

    On December 28, 2015, EPA promulgated a revised 8-hour ozone NAAQS 
of 0.070 parts per million (ppm).\1\ Promulgation of a revised NAAQS 
triggers a requirement for EPA to designate all areas of the country as 
nonattainment, attainment, or unclassifiable for the NAAQS. For the 
ozone NAAQS, this also involves classifying any nonattainment areas at 
the time of designation.\2\ Ozone nonattainment areas are classified 
based on the severity of their ozone levels as determined based on the 
area's ``design value,'' which represents air quality in the area for 
the most recent 3 years. The classifications for ozone nonattainment 
areas are Marginal, Moderate, Serious, Severe, and Extreme.\3\
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    \1\ 80 FR 65292, October 26, 2015, codified at 40 CFR 50.19.
    \2\ CAA sections 107(d)(1) and 181(a)(1).
    \3\ CAA section 181(a)(1).
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    Areas that EPA designates nonattainment for the ozone NAAQS are 
subject to the general nonattainment area planning requirements of CAA 
section 172 and the ozone-specific planning requirements of CAA section 
182. Ozone nonattainment areas in the lower classification levels have 
fewer and/or less stringent mandatory air quality planning and control 
requirements than those in higher classifications. In EPA's December 6, 
2018, rule, ``Implementation of the 2015 National Ambient Air Quality 
Standards for Ozone: Nonattainment Area State Implementation Plan 
Requirements,'' known as the ``SIP Requirements Rule,'' EPA set forth 
nonattainment area requirements for the 2015 ozone NAAQS.\4\ These 
requirements are codified at 40 CFR part 51 subpart CC. For Marginal 
areas, a State is required to submit a baseline emissions inventory, 
adopt provisions into the SIP requiring emissions statements from 
stationary sources, and implement a NNSR program for the relevant ozone 
NAAQS.\5\ For Moderate areas, a State needs to comply with the Marginal 
area requirements, plus additional Moderate area requirements, 
including the requirement to submit a modeled demonstration that the 
area will attain the NAAQS as expeditiously as practicable but no later 
than 6 years after designation, the requirement to submit an RFP plan, 
the requirement to adopt and implement certain emissions controls, such 
as Reasonably Available Control Technology (RACT) and I/M, and the 
requirement for greater emissions offsets for new or modified major 
stationary sources under the State's NNSR program.\6\
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    \4\ 83 FR 62998, December 6, 2018.
    \5\ CAA section 182(a).
    \6\ CAA section 182(b).
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    Effective August 3, 2018, EPA designated the Cleveland area as a 
Marginal nonattainment area for the 2015 ozone NAAQS.\7\ The Cleveland 
area includes Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and 
Summit Counties. On October 7, 2022, pursuant to section 181(b)(2) of 
the CAA, EPA determined that the Cleveland area failed to attain the 
2015 ozone NAAQS by the August 3, 2021, Marginal area attainment 
deadline and thus reclassified the area from Marginal to Moderate 
nonattainment.\8\ In that action, EPA established January 1, 2023, as 
the due date for the State to submit all Moderate area nonattainment 
plan SIP requirements applicable to newly reclassified areas.
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    \7\ 83 FR 25776, June 4, 2018.
    \8\ 87 FR 60897, October 7, 2022.
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II. Evaluation of Ohio's Submittal

    Ohio submitted a SIP revision on December 21, 2022, to address 
Moderate area requirements for the Cleveland area under the 2015 ozone 
NAAQS. The

[[Page 284]]

submittal contained a number of nonattainment plan elements, including 
a 2017 base year emissions inventory for volatile organic compounds 
(VOC) and oxides of nitrogen (NOX), a 15% RFP plan with 2023 
VOC and NOX motor vehicle emissions budgets, an I/M program 
certification, and a NNSR certification, and each of these is covered 
in further detail below. The submission also included an attainment 
demonstration, a reasonably available control measures demonstration, 
and contingency measures, which will be addressed in a separate action. 
Ohio's SIP submission and associated supporting documents are available 
in the docket for this action, at https://www.regulations.gov, Docket 
ID No. EPA-R05-OAR-2022-0983.

A. 2017 Base Year Emissions Inventory

1. Background
    CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and 
7511a(a)(1), require States to develop and submit, as SIP revisions, 
comprehensive, accurate, and complete emissions inventories for all 
areas designated as nonattainment for the ozone NAAQS. This requirement 
is codified at 40 CFR 51.1315, and the term ``base year inventory'' is 
defined at 51.1300(p). For ozone, the base year inventory is an 
estimation of actual emissions of VOC and NOX from all 
sources within the boundaries of the nonattainment area.
    The regulation at 40 CFR 51.1315(a) requires that the selected 
inventory year be consistent with the baseline year for the RFP plan as 
required by 40 CFR 51.1310(b), which states that the baseline emissions 
inventory shall be the emissions inventory for the most recent calendar 
year for which a complete triennial inventory is required to be 
submitted to EPA under the provisions of subpart A of 40 CFR part 51, 
Air Emissions Reporting Requirements, 40 CFR 51.1 through 50. For areas 
designated as nonattainment in 2018, the most recent triennial 
inventory year conducted for the National Emissions Inventory (NEI) 
pursuant to the Air Emissions Reporting Requirements (AERR) rule is 
2017.\9\
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    \9\ 83 FR 62998 at 63005, December 6, 2018.
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    Further, 40 CFR 51.1315(c) requires emissions values included in 
the base year inventory to be actual ozone season day emissions as 
defined by 40 CFR 51.1300(q), which states: ``Ozone season day 
emissions means an average day's emissions for a typical ozone season 
work weekday. The State shall select, subject to EPA approval, the 
particular month(s) in the ozone season and the day(s) in the work week 
to be represented, considering the conditions assumed in the 
development of RFP plans and/or emissions budgets for transportation 
conformity.''
    On July 24, 2020, Ohio submitted a SIP revision addressing the 
emissions inventory requirement of CAA section 182(a)(1). At that time, 
the Cleveland nonattainment area was designated Marginal nonattainment 
and RFP was not required. Therefore, Ohio initially selected 2014 as 
the base year because it was one of the years used to designate the 
area as nonattainment for the 2015 ozone NAAQS and it was the most 
current comprehensive, accurate, and quality assured triennial 
emissions inventory in the NEI database available at the time the State 
began preparing the emissions inventory submittal for the Cleveland 
area. EPA approved Ohio's 2014 base year emissions inventory for the 
Cleveland area on March 3, 2021, 86 FR 12270.
    The Cleveland area has since been reclassified to Moderate 
nonattainment, and RFP is now required. Therefore, consistent with the 
requirements set forth in the SIP requirements Rule, Ohio submitted a 
2017 base year inventory to supersede the previously approved 2014 base 
year inventory.
2. Ohio's Emission Inventory Submittal
    Ohio's 2017 base year emissions inventory submittal includes VOC 
and NOX emissions estimates for the following source 
categories: point sources, nonpoint sources, onroad mobile sources, 
nonroad mobile sources, and biogenic sources. Onroad emissions 
estimates were developed using EPA's Motor Vehicle Emissions Simulator 
model (MOVES3), which was the latest model version at the time the 
inventory was developed. Ohio used annual emissions data contained from 
EPA's 2017gb emissions modeling platform, which is based on the 2017 
NEI, to generate emissions estimates for the point, nonpoint, nonroad 
and biogenic source categories.\10\ The emissions collected from the 
2017gb inventory were presented in terms of monthly or annual 
emissions.
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    \10\ Supporting documentation for the NEI is available on EPA's 
website at https://www.epa.gov/air-emissions-inventories/2017-national-emissions-inventory-nei-data?adlt=strict. Supporting 
documentation for the 2017gb emissions modeling platform is 
available at https://www.epa.gov/air-emissions-modeling/2017-emissions-modeling-platform.
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    Where monthly data were available, Ohio derived ozone season day 
emissions by dividing July emissions by the number of days in July. 
Where only annual data were available, Ohio derived ozone season day 
emissions by applying a conversion factor, by source type and 
pollutant, to the annual emissions. Ohio derived the conversion factors 
from EPA's 2017gb Air Emissions Modeling Platform.\11\ Ohio selected 
July as representative of the ozone season as it is typically the 
warmest month and had the highest monthly emissions of NOX 
and VOC combined in the 2017gb modeling platform.
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    \11\ 
``2017gb_hapcap_county_monthly_report_CAPs_PEC_POC_09apr2021'' file 
available at https://www.epa.gov/air-emissions-modeling/2017-emissions-modeling-platform (select 2017 Data Files and Summaries, 
then reports, then the specific file).
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    Ozone season day emissions as derived above include weekend days. 
Ohio determined that this is appropriate because ozone values measured 
on weekend days have a significant impact on the monitor design values 
in the Cleveland nonattainment area. Monitoring data from 2017 through 
2022 show the Cleveland nonattainment area had between 5 and 7 days 
with one or more monitors recording values over the 2015 ozone standard 
each year, with up to 3 of those days in a year falling on a weekend. 
In addition, for each year from 2017 to 2022, between 5 and 18 of the 
1st through 4th high values that contributed to the design value for a 
monitor occurred on a weekend day. As such, Ohio determined that it was 
appropriate to include weekend emissions in the calculation of ozone 
season day emissions.
Point Sources
    The point source sector includes large, stationary sources whose 
emissions are usually well characterized, are generally discharged 
through stacks and which are required to possess an Ohio EPA issued 
permit. The point source inventory collected from the 2017gb emissions 
inventory platform was initially developed from Ohio EPA's online 
reporting database, STARS2, where facilities submit annual emissions 
reports. Ohio EPA requires annual emission reports for title V and 
synthetic minor facilities. After review and approval by Ohio EPA 
staff, the facility emissions were then formatted, through an EPA 
provided Microsoft Access tool, for annual submission to the Emission 
Inventory System (EIS) Gateway to fulfill required reporting for the 
annual EIS. Initially, the point source inventory was submitted to the 
EIS Gateway in draft form to begin the Quality Assurance (QA) process.
    The EIS Gateway QA environment performed a variety of checks on the 
point source inventory, including facility site geographic coordinates,

[[Page 285]]

duplicate facilities, release point diameter, and others. After the QA 
checks were performed, the EIS Gateway provided a feedback file with 
any errors that were encountered. These errors were addressed on a 
case-by-case basis, depending on the error. Some errors required 
collaboration with EPA such as correcting duplicate facilities. Once 
all critical errors were corrected, the emissions were submitted to the 
EIS Gateway in final form.
    The final point source inventory is divided into two categories: 
electric generating units (EGUs) and non-EGUs. Ohio collected both EGU 
and non-EGU emissions from the 2017gb emissions modeling platform. 
These files provided annual data which Ohio converted to tons per ozone 
season day (tpd) using the conversion factors identified above.
Nonpoint Sources
    Nonpoint sources, also referred to as ``area'' sources, are sources 
that fall below point source reporting levels or are too small or too 
numerous to be identified individually. The nonpoint inventory 
collected from the 2017gb emissions inventory platform was initially 
developed from a variety of State data supplied to estimate emissions 
based on procedures and guidance supplied by EPA. State specific data 
was only used when Ohio was able to provide data that was considered to 
more accurately describe activity or emissions in Ohio compared to the 
default data. Where Ohio was unable to provide State specific data, EPA 
default data was used. EPA default data for nonpoint sources was 
developed by EPA with the help of the Nonpoint Method Advisory (NOMAD) 
committee. NOMAD is a group of inventory developers from a variety of 
State and local agencies that collaborate on the development of 
methodologies to aid EPA in the development of default data for the 
NEI. In order to provide the most accurate and complete nonpoint 
inventory possible, Ohio implemented quality control and quality 
assurance measures throughout the development of this inventory. 
Additionally, Ohio followed inventory preparation procedures in 
guidance documents provided by EPA and NOMAD. The quality control and 
quality assurance of nonpoint data was primarily an ad-hoc process led 
by EPA. This process included comparing 2017 estimates to previous NEI 
cycles, gap-filling for missing pollutants, and evaluating outliers.
    Ohio estimated the oil and gas nonpoint category using well counts 
for conventional and unconventional wells, production data, and well 
site configuration data obtained from the Ohio Department of Natural 
Resources Division of Oil and Gas Resource Management. Ohio processed 
the data through a Microsoft Access tool provided by EPA to estimate 
emissions. The tool was used only to estimate emissions from upstream 
activities since mid and downstream operations are accounted for in 
Ohio's point inventory. Since operating conditions were different for 
conventional and unconventional wells, the tool was run twice; once for 
conventional wells using EPA default data, and then run again with 
adjustments for well configuration in the tool for unconventional 
wells.
    For industrial, commercial, and institutional (ICI) fuel 
combustion, solvents, gas distribution, and publicly owned treatment 
works (POTW), Ohio used point source subtraction. This means either 
nonpoint activity data or emissions were adjusted to account for 
activity data or emissions that had already been reported in the point 
source inventory. This process was guided by the Point to Nonpoint 
Crosswalk which was provided by EPA. This crosswalk describes the 
similarities between point SCCs and nonpoint SCCs to help avoid double 
counting. Once the nonpoint activity data or emissions were identified, 
Ohio imported the data into EPA tools for the specific sectors and a 
file was generated to be uploaded into the EIS Gateway's QA environment 
in draft form. Ohio quality assured the file in EPA's QA environment 
and corrections were made to satisfy EPA's QA checks. Once all errors 
were corrected, Ohio submitted emissions in final form.
    For remaining nonpoint categories, other than the Ohio activity 
submissions (oil and gas, ICI, solvents, POTW, and gas distribution), 
Ohio used EPA default activity data. In cases where Ohio provided State 
specific activity data, that data was collected from a variety of State 
organizations. For example, POTW data including annual discharge fees 
to estimate average flows and totals was provided by the Division of 
Surface Water in Ohio EPA.
    Throughout the process of the nonpoint inventory development, Ohio 
took part in monthly NOMAD calls along with calls for NOMAD sub-
committees. Through the regular conference calls, States were able to 
provide input throughout the development process of the 2017 NEI. Also, 
the calls provided information and guidance which helped develop a 
consistent and accurate inventory. Ohio collected nonpoint 2017 
emissions from the 2017gb emissions modeling platform. The files 
provided annual data which Ohio converted to tpd using the conversion 
factors identified above.
Nonroad Mobile Sources
    Nonroad mobile sources are mobile sources that are not certified 
for highway use and include equipment that can either move under their 
own power or can be moved from site to site. Ohio collected nonroad 
2017 emissions data from the 2017gb emissions modeling platform, which 
was initially developed in the 2017 NEI. This file provided monthly 
data which were converted to tpd by dividing July emissions by the 
number of days in July. During the development of the 2017 NEI, EPA 
used MOVES2014b to generate nonroad emissions. Ohio EPA did not provide 
State specific data for the development of nonroad emissions. Since 
Ohio did not provide State specific data, data from default databases 
in MOVES were used to generate emissions.
Onroad Mobile Sources
    Onroad mobile sources are motor vehicles traveling on local 
highways and roads. Onroad emissions data were developed by the 
Northeast Ohio Areawide Coordinating Agency (NOACA), the Akron 
Metropolitan Area Transportation Study (AMATS), and the Ohio Department 
of Transportation (ODOT), in consultation with Ohio EPA and EPA, using 
emission factors produced by MOVES3 and data produced by the region's 
updated travel-demand model.
Biogenic Sources
    Biogenic emissions come from natural sources including vegetation 
and soils. 2017 biogenic emissions were collected from the 2017gb 
emissions modeling platform. This file provided monthly data which was 
converted to tpd by dividing July emissions by the number of days in 
July.
Summary of the Emissions Inventory
    2017 ozone season day emissions in tpd of NOX and VOCs 
for each county by sector are shown in tables 1 and 2, below.

[[Page 286]]

                                                   Table 1--Cleveland NOX Emissions for 2017 Base Year
                                                                          [tpd]
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                                                                                                                    Total
                   County                         EGU        Non-EGU      Nonpoint      Onroad      Nonroad     Anthropogenic     Biogenic      Total
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Cuyahoga....................................         0.00         7.38         6.12        21.06         9.95            44.51         0.59        45.10
Geauga......................................         0.00         0.02         0.16         2.04         1.43             3.65         0.59         4.24
Lake........................................         0.05         1.70         2.51         4.34         3.57            12.17         0.34        12.51
Lorain......................................         3.05         0.99         2.95         5.30         3.42            15.71         1.10        16.81
Medina......................................         0.00         0.18         0.87         4.72         1.60             7.37         1.01         8.38
Portage.....................................         0.00         0.29         1.80         2.98         1.97             7.04         0.97         8.01
Summit......................................         0.00         0.72         2.08         9.78         3.35            15.93         0.72        16.65
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................         3.10        11.29        16.48        50.22        25.29           106.38         5.32       111.70
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                                                   Table 2--Cleveland VOC Emissions for 2017 Base Year
                                                                          [tpd]
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                                                                                                                    Total
                   County                         EGU        Non-EGU      Nonpoint      Onroad      Nonroad     Anthropogenic     Biogenic      Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cuyahoga....................................         0.00         3.20        53.46        12.49        12.65            81.80        22.33       104.13
Geauga......................................         0.00         0.08         3.99         2.46         1.20             7.73        22.50        30.23
Lake........................................         0.00         0.77        10.83         3.62         2.58            17.80        14.50        32.30
Lorain......................................         0.13         0.81        10.26         3.96         3.23            18.39        14.16        32.55
Medina......................................         0.00         0.35         9.87         1.92         2.65            14.79        13.16        27.95
Portage.....................................         0.00         1.31         7.29         4.39         1.87            14.86        23.41        38.27
Summit......................................         0.00         1.26        20.90         4.97         5.75            32.88        21.62        54.50
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................         0.13         7.79       116.60        29.93        33.82           188.27       131.68       319.95
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3. Evaluation of Ohio's 2017 Base Year Emission Inventory
    EPA has reviewed Ohio's 2017 base year emissions inventory for 
consistency with sections 172(c)(3) and 182(a)(1) of the CAA and EPA's 
emission inventory requirements. The selection of 2017 as the base year 
comports with the RFP baseline year requirements set forth in the SIP 
Requirements Rule and codified at 40 CFR 51.1310(b).
    EPA has reviewed the techniques used by Ohio to derive and quality 
assure the emission estimates. Ohio documented the procedures used to 
estimate the emissions for each of the major source types. The 
documentation of the emission estimation procedures is thorough and 
adequate to determine that Ohio followed acceptable procedures to 
estimate the emissions.
    Ohio developed a QA plan and followed this plan during various 
phases of the emissions estimation and documentation process to quality 
assure the emissions for completeness and accuracy. These QA procedures 
were summarized in the documentation describing how the emissions 
estimates were developed. Because it meets the applicable requirements, 
EPA is proposing to approve Ohio's 2017 base year emissions inventory 
for the Cleveland area for the 2015 ozone NAAQS.

B. 15% RFP Plan

1. Background
    The CAA requires that States with areas designated as nonattainment 
for ozone achieve RFP toward attainment of the ozone NAAQS. CAA section 
172(c)(2) contains a general requirement that nonattainment plans must 
provide for emissions reductions that meet RFP. For areas classified 
Moderate and above, section 182(b)(1) imposes a more specific RFP 
requirement that a State was required to meet through a 15% reduction 
in VOC emissions from the baseline anthropogenic emissions within 6 
years after November 15, 1990.
    The SIP Requirements Rule addressed, among other things, RFP 
requirements as they apply to areas designated nonattainment and 
classified as Moderate for the 2015 ozone NAAQS.\12\ RFP requirements 
under the 2015 ozone NAAQS are codified at 40 CFR 51.1310. EPA 
interprets the 15% VOC emission reduction requirement in CAA section 
182(b)(1) such that a State that has already met the 15% requirement 
for VOC for an area under either the 1-hour ozone NAAQS or a prior 8-
hour ozone NAAQS would not have to fulfill that requirement through 
reductions of VOC again. Instead, EPA interprets CAA section 172(c)(2) 
to require States with such areas to obtain 15% ozone precursor 
emission reductions from VOC and/or NOX over the first 6 
years after the baseline year for the 2015 ozone NAAQS. Ohio previously 
met the 15% VOC reduction requirement of CAA section 182(b)(1) for the 
Cleveland area under the 1-hour ozone NAAQS.\13\ Therefore, the State 
may rely upon both VOC and NOX emissions reductions to meet 
the RFP requirement for the 2008 ozone NAAQS.
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    \12\ 83 FR 62998 at 63004, December 6, 2018.
    \13\ 74 FR 47414, September 15, 2009.
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    The SIP Requirements Rule specifies that the baseline emissions 
inventory for RFP plans shall be the most recent calendar year prior to 
designation for which a complete triennial inventory is required to be 
submitted to EPA under the provisions of subpart A of 40 CFR part 51, 
Air Emissions Reporting Requirements, 40 CFR 51.1 through 50. For areas 
designated as nonattainment in 2018, the most recent triennial 
inventory year conducted for the NEI pursuant to the AERR rule is 2017. 
The rule also allows the use of an alternative RFP baseline year that 
corresponds with the year of the effective date of an area's 
designation, i.e., 2018 for areas designated nonattainment in 2018.\14\
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    \14\ 83 FR 62998 at 63005, December 6, 2018, codified at 40 CFR 
51.1310(b).
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    States may not take credit for VOC or NOX reductions 
occurring from sources outside the nonattainment area for purposes of 
meeting the 15% RFP requirements of CAA sections 172(c)(2), 182(b)(1), 
and 182(c)(2)(B).\15\
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    \15\ 40 CFR 51.1310(a)(6).
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    Except as specifically provided in CAA section 182(b)(1)(C) and (D) 
and CAA section 182(c)(2)(B), all emission

[[Page 287]]

reductions from SIP-approved or Federally promulgated measures that 
occur after the baseline emissions inventory year are creditable for 
purposes of the RFP requirements in this section, provided the 
reductions meet the requirements for creditability, including the need 
to be enforceable, permanent, quantifiable, and surplus.\16\ Further, 
the Administrator has determined that the four categories of control 
measures listed in CAA section 182(b)(1)(D) are no longer required to 
be calculated for exclusion in RFP analyses because due to the passage 
of time the effect of these exclusions would be de minimis.\17\
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    \16\ 40 CFR 51.1310(a)(5).
    \17\ 40 CFR 51.1310(a)(7).
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2. Ohio's 15% RFP Plan
Emission Inventories
    To demonstrate that the Cleveland area has achieved 15% RFP over 
the 6-year attainment planning period, Ohio is using a 2017 base year 
inventory and a 2023 RFP inventory. The procedures Ohio used to develop 
the 2017 base year inventory are discussed in section I.A., above. When 
developing the 2023 RFP inventory, Ohio estimated onroad emissions 
using EPA's MOVES3 model. For the point, nonpoint, and nonroad source 
categories, Ohio projected 2023 emissions from the 2017 base year 
inventory as described below.
    As with the 2017 base year inventory, point source emissions were 
divided into two categories, EGU and non-EGU. Ohio derived 2023 
projected EGU emissions from the 2017 inventory by evaluating each 
facility individually. Ohio considered 2017 to 2021 historical 
emissions along with Eastern Region Technical Advisory Committee 
(ERTAC) 2023 projections, where available for larger sources, and 
selected the most reasonable, conservative projection for 2023. Ohio 
also searched for any new EGUs with reported emissions after 2017 and 
reviewed recent permitting actions for any title V or synthetic minor 
facilities that have been permitted but have not yet begun reporting 
emissions. Ohio determined that 2023 emissions were unchanged from 2017 
emissions with the following exceptions:
     Eastlake Substation: Ohio set 2023 emissions at zero, as 
B006 was permanently shut down in February 2020 and the only operating 
units remaining at the facility produce de minimis emissions.
     Avon Lake Power Plant: Ohio set 2023 emissions at zero as 
the only coal-fired boiler (B012) was permanently shut down in April 
2022.
     Lorain County LFG Power Station: Ohio set 2023 emissions 
to the most recent available (2021) as two units (P004 and P001) 
permanently shut down in 2020.
     Oberlin Municipal Light & Power System: Ohio set 2023 
emissions to the highest recent available (2020) to be conservative.
     West Lorain Plant: Ohio set 2023 emissions to the highest 
recent available (2021) to be conservative.
     OMEGA JV2--Seville: The facility reported zero emissions 
in 2017. Ohio set 2023 emissions to the most recent available (2021).
     CF1 (Cuyahoga Falls 1): The facility did not report 
emissions from 2013 to 2017. Ohio set 2023 emissions to the most recent 
available (2021).
     CF2 (Cuyahoga Falls 2): This is a new facility which began 
operation after 2017. Ohio set 2023 emissions to the most recent 
available (2021).
    Ohio also considered the potential impact that the proposed 
Transport Federal Implementation Plan (FIP) \18\ would have on EGUs in 
2023. Ohio determined that the only operating EGU in the Cleveland 
nonattainment area that would be subject to the FIP is the West Lorain 
Plant (Facility ID 0247080487). Ohio's assessment of West Lorain's 
recent operations is that minimal changes in NOX emissions 
are anticipated as a result of the FIP. Finally, Ohio considered the 
impact of recent revisions to the NOX RACT rules in the 
Cleveland nonattainment area, which removed the exemption for EGUs. 
Ohio has determined that the RACT revisions will have little to no 
impact on EGU emissions in the Cleveland area.
---------------------------------------------------------------------------

    \18\ 87 FR 20036, April 6, 2022. EPA finalized the transport FIP 
on June 5, 2023, 88 FR 36654.
---------------------------------------------------------------------------

    Ohio projected 2023 emissions for non-EGUs by determining the 
annual rate of rate of change from the 2016v2 platform between 2016 and 
2023 (by facility) and applying that annual rate of change to the 2017 
emissions. Ohio reviewed the 2016v2 platform Technical Support Document 
to evaluate the methodology used to project 2023 from 2016 and 
determined it is still appropriate for projections from 2017. Ohio 
further evaluated the specific projection factors for each of the NAICS 
categories that comprise 80% of the 2023 projected NOX and 
VOC emissions in the nonattainment area, along with the resultant 
emission projections for each facility in those NAICS categories. Ohio 
does not have any information to suggest that the 2016v2 projection 
methodology is not appropriate for these sources in Ohio except where 
the emissions were adjusted as described below. Ohio also searched for 
any new non-EGUs with reported emissions after 2017 and reviewed recent 
permitting actions for any Title V or synthetic minor facilities that 
have been permitted but have not yet begun reporting emissions.
    Ohio made the following adjustments to the non-EGU inventory.
     Ohio set 2023 emissions for several sources to zero due to 
the permanent shut down of the facility or individual units after 2017.
     Ohio added new facilities which began operation after 2017 
to the inventory and set 2023 projected emissions to the most recently 
available emissions (2021).
     An annual rate of change from the 2016v2 platform was not 
available for two sources, so Ohio used the most recently available 
emissions estimates (2021).
     Facilities which did not report emissions or reported zero 
emissions in 2017 but reported emissions since 2017 were added to the 
inventory. In some cases, the facility may have been idled and later 
resumed operation. In other cases, the facility may have been operating 
but was not required to report detailed emissions (including smaller 
sources such as those without a title V permit). In those cases, the 
exact base year (2017) emissions are unknown, and Ohio assumed them to 
be to be zero for conservatism. Ohio set 2023 projected emissions to 
most recently available emissions (2021).
     Emissions for two additional facilities were adjusted. For 
the Medical Center Company (Facility ID 1318003059), coal-fired boilers 
B003 and B004 were permanently shut down in 2017. Therefore, the 2016v2 
projection factors which are based on coal use are not appropriate for 
projection from 2017. Ohio conducted a review of recent emissions and 
set 2023 emissions to most recently available emissions (2021). For 
Automated Packaging Systems (Facility ID 1667080055), VOC controls were 
updated in 2019. Ohio conducted a review of recent emissions and set 
2023 emissions to most recently available emissions (2021).
    Ohio considered the impact of recent revisions to the 
NOX RACT rules in the Cleveland nonattainment area. Because 
NOX RACT has been in place in the Cleveland nonattainment 
area for many years and the recent rule revisions are expected to yield 
only minor emissions reductions, Ohio is not adjusting 2023 emissions 
to account for the recent rule revisions. As any changes would be a 
decrease in emissions, not quantifying

[[Page 288]]

them in this inventory results in a conservative estimate of future 
year emissions.
    Ohio collected 2023 projected emissions for nonpoint sources from 
the 2023fj projection of the 2016v2 emissions modeling platform. These 
files provided annual data which Ohio converted to ozone season day 
emissions using the conversion factors described in section II.A.2. of 
this preamble. Ohio determined it is appropriate to use the 2023 
projections from the 2016v2 emissions modeling platform for the 
nonpoint sector because emissions for most portions of the nonpoint 
sector started with 2017 NEI emissions and were adjusted (backcasted) 
to better represent the year 2016. Therefore, the foundation of the 
2023 projections in the 2016v2 inventory is 2017 data and it is 
appropriate for use in this inventory. There are two exceptions to the 
2017 foundation for the nonpoint sector of the 2016v2 platform: 
solvents and rail. As discussed in Ohio's submittal, Ohio has examined 
the base year emissions and projections for these categories and 
determined that using the 2016v2-based 2023 projections is reasonable 
and conservative.
    Ohio calculated 2023 projected emissions for nonroad sources by 
determining the annual rate of change from the 2016v2 platform between 
2016 and 2023 and applying that annual rate of change to the 2017 
emissions. Ohio determined it was appropriate to apply the annual rate 
of change determined from the 2016v2 platform because the nonroad 
emissions in the Cleveland nonattainment area in the 2016v2 and 2017gb 
inventories are very similar and the methodology used to project 2023 
from 2016 would still be appropriate for projections from 2017.
    2023 onroad emissions were developed by the NOACA, AMATS, and ODOT, 
in consultation with Ohio EPA and EPA, from emission factors produced 
by MOVES3 and data produced by the region's updated travel-demand 
model.
    Biogenic emissions are not included in the RFP inventory in 
accordance with EPA's ``May 2017 Emissions Inventory Guidance for 
Implementation of Ozone and Particulate Matter National Ambient Air 
Quality Standards (NAAQS) and Regional Haze Regulations.''
    2023 ozone season day emissions of NOX and VOCs for each 
county by sector are shown in tables 3 and 4, below.

                                    Table 3--Cleveland NOX Emissions for 2023
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
              County                    EGU        Non-EGU      Nonpoint      Onroad      Nonroad       Total
----------------------------------------------------------------------------------------------------------------
Cuyahoga..........................         0.00         7.03         6.80        13.96         8.58        36.37
Geauga............................         0.00         0.02         0.27         1.25         1.24         2.78
Lake..............................         0.05         1.94         2.59         2.54         3.08        10.20
Lorain............................         0.62         1.03         2.64         3.12         2.94        10.35
Medina............................         0.01         0.24         0.90         2.47         1.38         5.00
Portage...........................         0.00         0.30         1.73         1.80         1.70         5.53
Summit............................         0.02         0.71         2.53         5.92         2.89        12.07
                                   -----------------------------------------------------------------------------
    Total.........................         0.69        11.26        17.47        31.06        21.81        82.29
----------------------------------------------------------------------------------------------------------------

                                    Table 4--Cleveland VOC Emissions for 2023
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
              County                    EGU        Non-EGU      Nonpoint      Onroad      Nonroad       Total
----------------------------------------------------------------------------------------------------------------
Cuyahoga..........................         0.00         3.30        41.11         8.12        10.13        62.66
Geauga............................         0.00         0.12         3.75         0.73         1.99         6.59
Lake..............................         0.00         0.97         8.49         1.60         2.94        14.00
Lorain............................         0.11         0.82         8.89         2.01         3.21        15.04
Medina............................         0.00         0.43         7.48         1.54         1.56        11.01
Portage...........................         0.00         1.29         7.02         1.39         3.56        13.26
Summit............................         0.03         0.89        18.37         4.28         4.03        27.60
                                   -----------------------------------------------------------------------------
    Total.........................         0.14         7.81        95.12        19.67        27.42       150.16
----------------------------------------------------------------------------------------------------------------

15% RFP Demonstration
    Ohio demonstrated that the Cleveland area has achieved 15% RFP over 
the 6-year attainment planning period entirely through NOX 
and/or VOC emissions reductions in the onroad sector attributable to 
EPA's existing Federal regulations for onroad mobile sources. EPA 
mobile source regulations currently being implemented across the 
country include: passenger vehicle, SUV, and light duty truck emissions 
and fuel standards; light-duty truck and medium-duty passenger vehicle 
evaporative standards; heavy-duty highway compression engine standards; 
heavy-duty spark ignition engine standards; motorcycle emission 
standards; Mobile Source Air Toxics fuel formulation standards, 
passenger vehicle emission standards, and portable container emission 
standards.\19\ The emission reductions due to implementation of these 
Federal rules within the Cleveland Moderate nonattainment area are 
reflected in future emission projections with EPA's MOVES3 model. Ohio 
projected mobile source activity to the RFP forecast year 2023. This 
analysis demonstrated a decrease in ozone precursor emissions from 2017 
to 2023. The estimated emissions reductions are therefore not due to 
reductions in source activity, but to the implementation of control 
measures. These Federal control measures are permanent and enforceable 
and are implemented in the nonattainment area.
---------------------------------------------------------------------------

    \19\ 40 CFR parts 59, 80, 85, 86, and 600.

---------------------------------------------------------------------------

[[Page 289]]

    Table 5 shows the calculations Ohio used to determine that onroad 
mobile source emissions reductions meet the 15% RFP requirement.

                                          Table 5--15% RFP Calculations
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
             Description                       Formula                    VOC                      NOX
----------------------------------------------------------------------------------------------------------------
A. 2017 base year inventory..........  .......................  188.27.................  106.38.
B. RFP reductions totaling 15% (VOC%   .......................  3%.....................  12%.
 + NOX% = 15).
C. RFP emissions reductions required   A*B....................  5.65...................  12.77.
 between 2017 & 2023.
D. RFP Target Level for 2023.........  A-C....................  182.62.................  93.61.
E. Reductions between 2017 and 2023    .......................  10.26..................  19.16.
 Federal onroad regulations.
F. Adjustments to reductions Safety    .......................  2.95...................  4.66.
 margin (Allocated to mobile source
 budget).
G. Creditable reduction..............  E-F....................  7.31...................  14.50.
H. Compare creditable reductions to    G>C....................  Yes....................  Yes.
 RFP reduction requirements to
 determine if at least 15% reduction
 is achieved.
I. 2023 Projected Emissions..........  .......................  150.16.................  82.29.
N. Compare RFP target with 2017        I>D?...................  Yes....................  Yes.
 projected emissions to determine if
 RFP requirements are met.
----------------------------------------------------------------------------------------------------------------

    Ohio has documented other measures that could have been used in the 
RFP plan but is relying exclusively on emissions reductions in the 
onroad sector attributable to Federal onroad programs to demonstrate 
15% RFP. While Ohio is not relying on the following emission reductions 
to demonstrate RFP, they add to the weight of evidence confirming that 
the RFP requirement has been met.
     Emission reductions of 6.39 tpd of VOC and 3.48 tpd 
NOX were calculated in the nonroad sector. While reductions 
in the nonroad sector are likely due to Federal control programs, they 
cannot be readily linked to specific control measures due to the 
methodology used to develop the 2023 projections.
     Emission reductions of 0.53 tpd of VOC and 3.12 tpd of 
NOX can be attributed to the permanent shutdown of various 
point sources. Ohio has not included these source shutdowns in the RFP 
demonstration to reserve these emissions reductions for future use as 
offsets or for other needs.
     A reduction of up to 2.72 tpd of VOC emissions in the 
Cleveland area is estimated to result from strengthening the Consumer 
Products rules in OAC Chapter 3745-112. This rule was approved into the 
SIP effective August 9, 2023.\20\ Ohio did not rely on these reductions 
for the RFP demonstration as they are difficult to accurately quantify.
---------------------------------------------------------------------------

    \20\ 88 FR 43440, July 10, 2023.
---------------------------------------------------------------------------

3. Evaluation of Ohio's 15% RFP Plan
    EPA has reviewed Ohio's 15% RFP plan for consistency with sections 
172(c)(2) and 182(b)(1) of the CAA and 40 CFR 51.1310. The selection of 
2017 as the base year comports with the RFP baseline year requirements 
set forth in the SIP Requirements Rule and codified at 40 CFR 
51.1310(b). EPA has reviewed the techniques used by Ohio to derive and 
quality assure the 2017 and 2023 emission estimates. Ohio documented 
the procedures used to estimate the emissions for each of the major 
source types. The documentation of the emission estimation procedures 
is thorough and adequate to determine that Ohio followed acceptable 
procedures to estimate the emissions. Ohio has demonstrated that 
emission reductions attributable to Federal onroad regulations are 
permanent and enforceable and will result in at least 15% RFP in the 
Cleveland area over the 6-year attainment planning period beginning 
with the 2017 base year. Thus, EPA is proposing to approve Ohio's 15% 
RFP plan for the Cleveland area for the 2015 ozone NAAQS.

C. Motor Vehicle Emission Budgets

1. Background
    Under section 176(c) of the CAA, 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 before they receive Federal funding or approval. 
Conformity to the SIP means that transportation activities will not 
cause or contribute to any new air quality violations, increase the 
frequency or severity of any existing air quality problems, or delay 
timely attainment or any required interim emissions reductions or any 
other milestones. Regulations at 40 CFR part 93 subpart A set forth EPA 
policy, criteria, and procedures for demonstrating and ensuring 
conformity of transportation activities to a SIP.
    Transportation conformity is a requirement for nonattainment and 
maintenance areas, as defined in 40 CFR 93.101. The budget in a State's 
SIP serves as a ceiling on emissions from an area's planned 
transportation system (see definition of ``motor vehicle emissions 
budget'' in 40 CFR 93.101 and how the term is used in 40 CFR 93.109 and 
93.118).
    When reviewing submitted SIPs containing budgets, EPA reviews the 
budgets for adequacy. Once EPA affirmatively finds the submitted budget 
is adequate for transportation conformity purposes, that budget must be 
used by State and Federal agencies in determining whether proposed 
transportation projects conform to the SIP as required by section 
176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a budget are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy is 
found in 40 CFR 93.118(f) and consists of three basic steps: public 
notification of a SIP submission, a public comment period, and EPA's 
adequacy finding. The regulations that allow EPA to begin an adequacy 
review through an NPRM in the Federal Register are found in 40 CFR 
93.118(f)(2). This proposal notifies the public that EPA has received a 
SIP submission with budgets that EPA will review for adequacy and 
begins the public comment period. Comments must be submitted to the 
docket for this proposal by the close of the comment period on this 
proposal.
2. VOC and NOX Budgets for the Cleveland Area
    The RFP plan includes VOC and NOX budgets for the 
Cleveland area for 2023, the milestone year for RFP. EPA invites the 
public to comment on the adequacy of these budgets as well as on its 
proposed approval of the budgets and on other actions EPA is proposing 
in this action.

[[Page 290]]

    As discussed in sections II.A.2. and II.B.2. of this preamble, 
NOACA, AMATS and ODOT, in consultation with Ohio EPA and EPA, prepared 
motor vehicle emissions inventories for 2017 and 2023 for the purpose 
of setting budgets for the year 2023. These inventories were developed 
using up-to-date assumptions about vehicles mile traveled (VMT), 
socioeconomic variables, fuels used, weather inputs, other planning 
assumptions, and the latest approved motor vehicle emissions model at 
the time Ohio began to prepare the SIP submission, which was MOVES3. 
Total onroad emissions in the Cleveland area are shown in table 7.

          Table 7--Total Onroad Emissions in the Cleveland Area
------------------------------------------------------------------------
                                            2017              2023
------------------------------------------------------------------------
NOX (tpd)...........................             50.22             31.06
VOC (tpd)...........................             29.93             19.67
VMT (miles/year)....................    24,189,140,727    25,427,478,685
------------------------------------------------------------------------

    Table 8 identifies Ohio's 2023 budgets. The budgets, agreed upon as 
part of the interagency consultation process, include the emission 
estimates calculated for 2023 with an additional 15% safety margin 
allocated to those estimates to accommodate future variations in travel 
demand models and VMT forecast. A State can add a safety margin to a 
budget based on the transportation conformity regulation at 40 CFR 
93.124(a).

                       Table 8--Budgets for the Cleveland OH 2015 Ozone Nonattainment Area
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                                                               2023 mobile
                                                           2023 estimated     safety margin    2023 total mobile
                                                             emissions          allocation           budget
----------------------------------------------------------------------------------------------------------------
NOX (tpd)..............................................              31.06               4.66              35.71
VOC (tpd)..............................................              19.67               2.95              22.62
----------------------------------------------------------------------------------------------------------------

3. Evaluation of the VOC and NOX Budgets for the Cleveland 
Area
    The VOC and NOX budgets for the Cleveland area were 
developed as part of an interagency consultation process which includes 
Federal, State, and local agencies. The budgets were clearly identified 
and precisely quantified. Ohio has demonstrated that the Cleveland area 
can meet the 15% RFP requirement with mobile source emissions of 35.71 
tpd of NOx and 22.62 tpd of VOC in 2023 because, as shown in Table 6, 
despite partial allocation of the RFP plan surplus reductions, 
emissions will remain under 2023 RFP target levels. EPA is thus 
proposing to approve the 2023 VOC and NOX budgets for use in 
determining transportation conformity in the Cleveland area under the 
2015 ozone NAAQS.

D. Motor Vehicle Inspection and Maintenance (I/M) Program

1. Background
    CAA section 182(b)(4) requires States with ozone nonattainment 
areas classified as Moderate to implement a Basic motor vehicle I/M 
program. The goal of I/M programs is to identify and repair high-
emitting vehicles to improve air quality in areas that are not 
attaining the NAAQS.\21\ The CAA generally requires I/M programs for 
areas across the country that meet certain criteria, such as air 
quality status, population, and/or geographic location. The CAA also 
directed EPA to establish minimum performance standards for Basic and 
Enhanced I/M programs. States have flexibility to design their own 
programs if they can show that their program is as effective as the 
model program used in the respective performance standard. EPA's 
requirements for Basic and Enhanced I/M programs are found in 40 CFR 
part 51, subpart S.
---------------------------------------------------------------------------

    \21\ For more information, see Overview of Vehicle Inspection 
and Maintenance (I/M) Programs (EPA-420-F-21-067, October 2021) at 
https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1013CC0.pdf.
---------------------------------------------------------------------------

    The Cleveland area was required to adopt a Basic I/M program under 
the 1-hour ozone NAAQS. EPA fully approved Ohio's I/M program on April 
4, 1995, 60 FR 16989, and approved revisions to the program on January 
6, 1997, 62 FR 646.
2. Ohio's I/M Certification
    Consistent with the I/M regulations, a State with an existing I/M 
program would need to conduct and submit a performance standard 
modeling analysis as well as make any necessary program revisions as 
part of their Moderate area SIP submission to ensure that their I/M 
program is operating at or above the Basic I/M performance standard 
level for the 2015 ozone NAAQS. When certifying that an existing I/M 
program meets applicable I/M requirements for a new NAAQS, it is 
necessary that the State ensures that an I/M program reflects the I/M 
rule's required elements for a Basic or Enhanced I/M program and the 
applicable classification for the new ozone NAAQS. If an I/M program 
for a previous NAAQS contains the required elements for a new NAAQS 
(e.g., such as onroad mobile source testing for an Enhanced I/M 
program), then the State may determine through the performance standard 
modeling analysis that an existing SIP-approved program would meet the 
applicable performance standard for purposes of the 2015 ozone NAAQS 
without modification.
    Ohio EPA is certifying that the existing SIP-approved I/M program 
meets the Basic I/M program requirements of CAA section 182(b)(4) for 
the Cleveland Moderate nonattainment area under the 2015 ozone NAAQS. 
The requirements for Ohio's I/M program are found in Ohio 
Administrative Code 3745-26 I/M Program Rules and Regulations. Ohio's 
I/M program requires on-board diagnostic testing of gasoline-fueled and 
diesel-fueled motor vehicles up to 10,000 pounds gross vehicle weight 
rating (GVWR) that are between four and 25 model years (MY) old. The I/
M program also implements an emissions control device inspection 
through visual inspection for the presence of catalytic

[[Page 291]]

converter(s) and other major emissions control equipment.
    In addition, Ohio EPA submitted an I/M performance standard 
modeling analysis demonstrating that Ohio's current motor vehicle I/M 
program exceeds the level of EPA's Enhanced performance standard for 
areas designated and classified under the 8-hour ozone standard, as 
specified in 40 CFR 51.351(i). Ohio conducted the modeling analysis 
using EPA's mobile source emissions model, MOVES3.0.2, which was the 
latest model version at the time the analysis was started. This 
modeling was conducted for analysis year 2023 in accordance with EPA's 
technical guidance: ``Performance Standard Modeling for New and 
Existing Vehicle Inspection and Maintenance (I/M) Programs Using the 
MOVES Mobile Source Emissions Model'', EPA-420-B-22-034, October 
2022,\22\ (October 2022 Performance Standard Modeling Guidance). The 
performance standard modeling analysis involves a comparison of 
emission reductions from EPA's model program specified in 40 CFR 
51.351(i) and Ohio's actual program in the seven counties of Cuyahoga, 
Geauga, Lake, Lorain, Medina, Portage, and Summit. In all cases, the 
analysis shows that the emission reductions from Ohio's actual I/M 
program exceed the emission reductions modeled for the benchmark 
program of both the Basic and Enhanced I/M performance standards.
---------------------------------------------------------------------------

    \22\ https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1015S5C.pdf
---------------------------------------------------------------------------

3. Evaluation of Ohio's I/M Certification
    As a Moderate area for the 2015 ozone NAAQS, Cleveland is only 
required to implement a Basic I/M program. However, the Cleveland area 
continues to implement the Enhanced I/M program adopted into the area's 
SIP under the 1-hour ozone NAAQS. EPA's October 2022 Performance 
Modeling Guidance addresses the situation where a State may need to 
demonstrate that an area's current Enhanced I/M program satisfies the 
Basic I/M SIP requirement. ``[I]t is reasonable to presume that if an 
I/M program meets the Enhanced performance standard, then it would also 
meet the Basic performance standard so long as the analysis years are 
appropriate for the two 8-hour ozone standards in question.'' \23\ The 
guidance goes on to identify the attainment date as the appropriate 
analysis year for areas that have been reclassified.\24\
---------------------------------------------------------------------------

    \23\ October 2022 Performance Standard Modeling Guidance, p. 10.
    \24\ Ibid.
---------------------------------------------------------------------------

    Cleveland's Moderate attainment date is August 3, 2024. However, 
because that date falls in the middle of the ozone season, 2023 is the 
year that will be used to determine whether the area achieves 
attainment by the attainment date. Therefore, Ohio appropriately chose 
2023 as the analysis year to be consistent with the year in which 
attainment would be determined.
    To demonstrate that an I/M program meets the Enhanced performance 
standard, the actual I/M program must achieve the same or lower 
emissions levels of NOX and VOCs as the Federal model 
Enhanced program to within 0.02 gpm.

     Table 9--Summary of I/M Performance Standard Evaluation for the Cleveland 2015 Ozone Nonattainment Area
----------------------------------------------------------------------------------------------------------------
                                                                            I/M VOC
                                                         I/M VOC          performance      Does existing program
           Pollutant               OH I/M program      performance          standard       meet I/M performance
                                 VOC emission rate       standard        benchmark plus          standard?
                                                        benchmark            buffer
----------------------------------------------------------------------------------------------------------------
VOC............................             0.2442             0.2444             0.2644  Yes.
NOX............................             0.1502             0.1504             0.1704  Yes.
----------------------------------------------------------------------------------------------------------------

    As shown in table 9, the emission reductions from Ohio's actual I/M 
program shows Ohio's program performs better than the Enhanced 
performance standard of 40 CFR 51.351(i). Ohio conducted the 
performance modeling analysis using the most recent version of EPA's 
mobile source emissions model, MOVES3.0.2, in accordance with EPA's 
October 2022 Performance Modeling Guidance. Therefore, since Ohio's 
current I/M program meets the applicable I/M performance requirements 
in all areas in which the program is implemented and also meets the 
Basic I/M requirements of CAA section 182(b)(4), we are proposing to 
approve Ohio's I/M program SIP element for the Cleveland Moderate 
nonattainment area under the 2015 ozone NAAQS.

E. NNSR Review

1. Background
    NNSR is a preconstruction review permit program that applies to new 
major stationary sources or major modifications at existing sources 
within a nonattainment area and is required under CAA sections 
172(c)(5) and 173. NNSR permit program requirements were adopted for 
the 2015 ozone NAAQS at 40 CFR 51.1314 as part of the 2015 SIP 
Requirements Rule. The minimum SIP requirements for NNSR permitting 
programs for the 2015 ozone NAAQS are contained in 40 CFR 51.165. The 
SIP for each ozone nonattainment area must contain NNSR provisions 
that: (1) set major source thresholds for NOX and VOC 
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2); (2) classify 
physical changes as a major source if the change would constitute a 
major source by itself pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); (3) 
consider any significant net emissions increase of NOX as a 
significant net emissions increase for ozone pursuant to 40 CFR 
51.165(a)(1)(v)(E); (4) consider any increase of VOC emissions in 
Extreme ozone nonattainment areas as a significant net emissions 
increase and a major modification for ozone pursuant to 40 CFR 
51.165(a)(1)(v)(F); (5) set significant emissions rates for VOC and 
NOX as ozone precursors pursuant to 40 CFR 
51.165(a)(1)(x)(A)-(C) and (E); (6) contain provisions for emissions 
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2); (7) 
provide that the requirements applicable to VOC also apply to 
NOX pursuant to 40 CFR 51.165(a)(8); (8) set offset ratios 
for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(ii)-(iv); 
and (9) require public participation procedures compliant with 40 CFR 
51.165(i).
2. Ohio's NNSR Certification
    Ohio EPA is certifying that the existing NNSR program meets the 
NNSR requirements of CAA section

[[Page 292]]

182(a)(2)(C) and (b)(5) for the Cleveland area under the 2015 ozone 
NAAQS. Ohio has a longstanding and fully implemented NNSR program. This 
is addressed in OAC Chapter 3745-31. The Chapter includes provisions 
for the Prevention of Significant Deterioration (PSD) permitting 
program in OAC rules 3745-31-01 to 3745-31-20 and NNSR program in rules 
3745-31-21 to 3745-31-27. Ohio's PSD program was conditionally approved 
on October 10, 2001, 66 FR 51570, and received final approval on 
January 22, 2003, 68 FR 2909. Ohio's NNSR program was granted limited 
approval on September 8, 1993, 58 FR 47211, and received final approval 
on January 10, 2003, 68 FR 1366. On February 25, 2010, 75 FR 8496, EPA 
approved revisions to Ohio's PSD and NNSR rules which were adopted to 
implement revisions to the Federal PSD and NNSR regulations in 40 CFR 
parts 51 and 52, which became effective on March 3, 2003,\25\ commonly 
referred to as ``NSR Reform'' regulations.
---------------------------------------------------------------------------

    \25\ 67 FR 80186 (December 31, 2002).
---------------------------------------------------------------------------

    Additionally, Ohio is certifying that the emission offset ratios 
established in OAC rule 3745-31-26 are consistent with the emission 
offset ratio requirements established in the CAA based on ozone 
nonattainment classifications. Specifically, Ohio rule 3745-31-26 
establishes an offset ratio of 1.15 to 1 for moderate areas, as 
required by CAA section 182(b)(5).
3. Evaluation of Ohio's NNSR Certification
    Table 10 below provides the sections of Ohio's NNSR rule 
corresponding to the relevant requirements at 40 CFR 51.165. Each 
requirement identified in Ohio's certification has not been revised 
since EPA last approved it. Table 9 lists the specific provisions of 
Ohio's NNSR rules that address the required elements of the Federal 
NNSR rules:

                   Table 10--NNSR SIP Rules Comparison
------------------------------------------------------------------------
              Federal rule                          Ohio rule
------------------------------------------------------------------------
40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv)..  R. 3745-31-01(M)(5)(a)(i),
                                          (ii), (iii), (iv).
40 CFR 51.165(a)(1)(iv)(A)(2)(i)-(vi)..  3745-31-01(M)(5)(a) and (c).
40 CFR 51.165(a)(1)(iv)(A)(3)..........  R. 3745-31-01(M)(5)(e).
40 CFR 51.165 (a)(1)(iv)(B)............  R. 3745-31-01(M)(5)(c).
40 CFR 51.165(a)(1)(v)(B)..............  R. 3745-31-01(M)(3)(b).
40 CFR 51.165 (a)(1)(v)(E).............  R. 3745-31-01(M)(3)(b).
40 CFR 51.165(a)(1)(v)(F)..............  N/A.
40 CFR 51.165(a)(1)(x)(A)..............  R. 3745-31-01(S)(5).
40 CFR 51.165(a)(1)(x)(B)..............  N/A (applicable to areas
                                          classified as Serious or
                                          Severe).
40 CFR 51.165(a)(1)(x)(C)..............  R. 3745-31-01(S)(5) (only for
                                          40 tpy threshold, which
                                          addresses areas classified as
                                          moderate).
40 CFR 51.165(a)(1)(x)(E)..............  N/A (applicable to areas
                                          classified as extreme).
40 CFR 51.165 (a)(1)(xxxvii)(C)(1).....  R. 3745-31-01(R)(5)(a)(iii)(a).
40 CFR 51.165(a)(3)(ii)(C)(1)(i)-(ii)..  R. 3745-31-24(F)(1)(a), (b).
40 CFR 51.165(a)(3)(ii)(C)(2)(i)-(ii)..  R. 3745-31-24(F)(2).
40 CFR 51.165(a)(8) \26\...............  R. 3745-31-01(M)(5)(a), (c)
                                         R. 3745-31-01(S)(5).
40 CFR 51.165(a)(9)(ii)(A)-(E).........  R. 3745-31-26(C)(2), (3), (4),
                                          (5), (6).
40 CFR 51.165(a)(9)(iii)...............  N/A.
40 CFR 51.165(a)(9)(iv)................  R. 3745-31-26(C)(1).
40 CFR 51.165(a)(12)...................  N/A (Ohio has no nonattainment
                                          areas for the 2008 ozone
                                          NAAQS).
------------------------------------------------------------------------

    EPA has reviewed Ohio's approved NNSR rules and is proposing to 
approve Ohio's certification submittal because we find that the current 
SIP-approved NNSR program satisfies all the NNSR program requirements 
currently applicable to the Cleveland area for the 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \26\ Ohio's rule does not fully address the NOx waiver 
provision; however, it is not applicable to this action as the 
Cleveland area does not have a NOX waiver.
---------------------------------------------------------------------------

III. Environmental Justice Considerations

    Ohio used EPA's environmental justice (EJ) screening and mapping 
tool, EJScreen, to identify areas in the Cleveland nonattainment area 
with potentially overburdened communities and assess whether the 
Cleveland attainment plan would exacerbate existing pollution exposure 
or burdens for those communities. Because ozone is a regional 
pollutant, Ohio EPA screened the Cleveland area at two levels. Ohio EPA 
first screened each of the seven counties in the nonattainment area to 
identify potentially overburdened communities. Then Ohio screened and 
reviewed data for a 5-kilometer radius around the two violating ozone 
monitors, Eastlake monitor (39-085-003) in Lake County and District 6 
monitor (39-035-0034) in Cuyahoga County.
    Consistent with EPA's September 2019 EJScreen Technical 
Documentation,\27\ Ohio EPA is using the criterion of one or more EJ 
indexes at or above the 80th percentile nationally to screen for 
potentially overburdened communities. The countywide screenings showed 
no EJ indexes above the 80th percentile in Geauga, Medina, and Lake 
Counties; one EJ index above the 80th percentile in Loraine, Portage, 
and Summit Counties (EJ Index for Wastewater Discharge), and two EJ 
indexes above the 80th percentile in Cuyahoga County (EJ Indexes for 
Wastewater Discharge and Hazardous Waste Proximity). The results of the 
evaluation of the areas in a 5-kilometer radius around the two 
violating monitors helped to identify a potentially overburdened 
community on a more local scale. While the radius around the Eastlake 
monitor did not show any indicators of being in a potentially 
overburdened area, the area around the second monitor, District 6, did. 
The EJ screening of the area around District 6 showed the area to be in 
the 71st or higher percentile in every EJ index category, with seven EJ 
indexes above the 80th percentile. The area also ranks above the 
national average in every socioeconomic indicator.
---------------------------------------------------------------------------

    \27\ https://www.epa.gov/sites/default/files/2017-09/documents/2017_ejscreen_technical_document.pdf.

---------------------------------------------------------------------------

[[Page 293]]

    While Ohio's screening process identified potentially overburdened 
communities in the Cleveland nonattainment area, ozone is a regional 
pollutant. Elevated levels of ambient ozone are the result of secondary 
urban scale atmospheric formation involving emissions from ubiquitous 
sources of ozone precursors (VOC and NOX) including motor 
vehicles, large and small industrial processes, and consumer products 
which result in more regional scale impacts further down wind. 
Therefore, Ohio has worked to develop ozone-related control strategies 
that most effectively reduce emissions that contribute to elevated 
ozone levels. Reducing ozone levels will protect all segments of the 
general population, including the health of the identified potentially 
overburdened communities. Ohio identified one attainment plan element 
that may be of additional benefit locally: Ohio's recently strengthened 
NOX RACT rules (which will be addressed in a separate 
rulemaking action). Several emission sources upwind of the potentially 
overburdened community around the District 6 monitor will be subject to 
these rules and be required to comply with more stringent 
NOX limits or to submit a study to establish a RACT level of 
controls at the facility. In addition, Ohio EPA has worked to identify 
and reach out to community organizations in potentially overburdened 
communities in the Cleveland nonattainment area.
    As explained in the ``EJ Legal Tools to Advance Environmental 
Justice'' 2022 document, the CAA provides States with the discretion to 
consider EJ in developing rules and measures related to ozone 
attainment planning. In this instance, Ohio EPA exercised this 
discretion, as is described above in summary. In reviewing Ohio EPA's 
analysis, EPA defers to the Ohio EPA's reasonable exercise of its 
discretion in considering EJ in this way. EPA is taking proposed action 
to approve the SIP revision because we find that it meets the 
applicable requirements pursuant to the CAA and relevant implementing 
regulations. EPA also finds that Ohio EPA's consideration of EJ 
analyses in this context is reasonable. EPA encourages air agencies 
generally to evaluate EJ considerations of their actions and carefully 
consider impacts to communities. The EJ analyses submitted by the air 
agency were considered but were not the basis for EPA's decision making 
and the SIP met the minimum applicable requirements, as explained 
above.

IV. Proposed Action

    EPA is proposing to approve revisions to Ohio's SIP pursuant to 
section 110 and part D of the CAA and EPA's regulations, because Ohio's 
December 21, 2022, attainment plan submission satisfies the base year 
emissions inventory, the RFP demonstration including associated motor 
vehicle emissions budgets, I/M, and NNSR requirements of the CAA for 
the Cleveland area for the 2015 ozone NAAQS. EPA is also initiating the 
adequacy process for the 2023 motor vehicle emissions budgets for the 
Cleveland area included in this SIP submission.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993), and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian Tribe has 
demonstrated that a Tribe has jurisdiction. In those areas of Indian 
country, the rule does not have Tribal implications and will not impose 
substantial direct costs on Tribal governments or preempt Tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with EJ concerns to the 
greatest extent practicable and permitted by law. Executive Order 14096 
(Revitalizing Our Nation's Commitment to Environmental Justice for All, 
88 FR 25251, April 26, 2023) builds on and supplements E.O. 12898 and 
defines EJ as, among other things, the just treatment and meaningful 
involvement of all people, regardless of income, race, color, national 
origin, Tribal affiliation, or disability in agency decision-making and 
other Federal activities that affect human health and the environment.
    The Ohio EPA evaluated EJ considerations as part of its SIP 
submittal given that the CAA and applicable implementing regulations 
neither prohibit nor require an evaluation. EPA's evaluation of the 
Ohio EPA's EJ considerations is described in section III of this 
preamble titled, ``Environmental Justice Considerations.'' The analysis 
was done for the purpose of providing additional context and 
information about this rulemaking to the public, not as a basis of the 
action. EPA is taking action under the CAA on bases independent of the 
Ohio EPA's evaluation of EJ. Due to the nature of the action being 
taken here, this action is expected to have a neutral to positive 
impact on the air quality of the affected area. In addition, there is 
no information in the record upon which this decision is based that is 
inconsistent with the stated goal of E.O. 12898/14096 of achieving EJ 
for communities with EJ concerns.

List of Subjects in 40 CFR Part 52

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

[[Page 294]]

    Dated: December 19, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-30717 Filed 1-2-25; 8:45 am]
BILLING CODE 6560-50-P
```