Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27957 

slightly fewer hours per week but with 

little, if any, anticipated adverse impact 

upon the public. This location is 

currently open Monday through Friday, 

8 a.m. until 4:30 p.m. and the first 

Saturday of each month from 8:30 a.m. 

until 4:30 p.m. (42.5 hours per week, 

plus 8 extended hours per month). 

Proposed new hours would be Monday 

through Friday, 9 a.m. until 5 p.m. and 

on the first Saturday of each month, 9 

a.m. until 4:30 p.m. (40 hours per week, 

plus 7.5 extended hours per month). 

This change would result in a slight 

reduction of hours (2.5 hours per week, 

plus half an hour per month). 

Since October 2007, the New York 

regional archives has had an average of 

less than one visitor during the hour 

from 8 to 9 a.m. 

Date span Number of 

days open 

Number of 

days with no 

visitors before 

9 a.m. 

Average number of visitors 

between 8 and 

9 a.m. 

October 2006–September 2007 .................................................................................................. 259 53 1.5 

October 2007–September 2008 .................................................................................................. 264 79 0.9 

October 2008–February 2009 ..................................................................................................... 105 40 0.9 

Figure 1. Public Visitors at NARA’s New 

York Regional Archives, October 2006– 

February 2009. 

As seen in Figure 1, from October 

2007 through September 2008, New 

York had no visitors before 9 a.m. on 

just under 30 percent of the days open 

to the public. From October 2008 

through February 2009, there were no 

visitors before 9 a.m. on 38 percent of 

the days open to the public. As a result, 

we do not anticipate that opening one 

hour later will negatively impact public 

use. Visitors who do arrive before 9 a.m. 

usually are regular researchers who 

remain at the facility most of the day. 

We also believe that remaining open 

until 5 p.m. will benefit those who come 

to us later in the day. In many cases, 

these visitors arrive after 4 p.m. and 

have been sent to our offices by other 

Federal agencies. 

This proposed rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866 and has not been 

reviewed by the Office of Management 

and Budget (OMB). As required by the 

Regulatory Flexibility Act, it is hereby 

certified that this proposed rule will not 

have a significant impact on a 

substantial number of small entities 

because this rule applies to individual 

researchers. This proposed rule does not 

have any federalism implications. 

List of Subjects in 36 CFR Part 1253 

Archives and records. 

For the reasons set forth in the 

preamble, NARA proposes to amend 

part 1253 of title 36, Code of Federal 

Regulations, as follows: 

PART 1253—LOCATIONS OF 

RECORDS AND HOURS OF USE 

1. The authority citation for part 1253 

continues to read as follows: 

Authority: 44 U.S.C. 2104(a). 

2. Amend § 1253.7 by revising 

paragraphs (c) and (g) as follows: 

§ 1253.7 Regional Archives. 

* * * * * 

(c) NARA—Northeast Region (New 

York City) is located at 201 Varick 

Street, 12th Floor, New York, NY 

10014–4811 (entrance on Houston 

Street, between Varick and Hudson). 

The hours are 9 a.m. to 5 p.m., Monday 

through Friday. The telephone number 

is 212–401–1620 or Toll Free 1–866– 

840–1752. 

* * * * * 

(g) NARA—Central Plains Region 

(Kansas City) is located at 400 West 

Pershing Road, Kansas City, MO 64108. 

The hours are 8 a.m. to 4 p.m., Tuesday 

through Saturday. The telephone 

number is 816–268–8000. 

* * * * * 

Dated: June 1, 2009. 

Adrienne C. Thomas, 

Acting Archivist of the United States. 

[FR Doc. E9–14009 Filed 6–11–09; 8:45 am] 

BILLING CODE 7515–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2009–0221; FRL–8917–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Ohio; Redesignation of the 

Cleveland-Akron-Lorain Area to 

Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing several 

related actions affecting the ClevelandAkron-Lorain, Ohio 8-hour ozone 

nonattainment area. EPA is proposing to 

make a determination under the Clean 

Air Act (CAA) that the ClevelandAkron-Lorain nonattainment area has 

attained the 8-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). The Cleveland-Akron-Lorain 

area includes Ashtabula, Cuyahoga, 

Geauga, Lake, Lorain, Medina, Portage, 

and Summit Counties. This 

determination is based on qualityassured ambient air quality monitoring 

data for the 2006–2008 ozone seasons 

that demonstrate that the 8-hour ozone 

NAAQS has been attained in the area. 

EPA is also proposing to approve, as a 

revision to the Ohio State 

Implementation Plan (SIP), the State’s 

plan for maintaining the 8-hour ozone 

NAAQS through 2020 in the area. EPA 

is proposing to approve a request from 

the State of Ohio to redesignate the 

Cleveland-Akron-Lorain area to 

attainment of the 8-hour ozone NAAQS. 

The Ohio Environmental Protection 

Agency (Ohio EPA) submitted this 

request on March 17, 2009, and 

supplemented it on April 24, 2009. 

EPA is proposing to approve the 2002 

base year emissions inventory for the 

Cleveland-Akron-Lorain area as meeting 

the requirements of the CAA. If EPA’s 

determination that the area has attained 

the standard is made final, under the 

provisions of EPA’s ozone 

implementation rule, the requirement to 

submit certain planning SIPS related to 

attainment, including attainment 

demonstration requirements (the 

reasonably available control measure 

(RACM) requirement, the reasonable 

further progress (RFP) and attainment 

demonstration requirements, and the 

requirement for contingency measures) 

are not applicable to the area as long as 

it continues to attain the NAAQS and 

would cease to apply upon 

redesignation. EPA is proposing to 

approve Ohio’s 15 percent (15%) Rate of 

Progress (ROP) plan as meeting the 

requirements of the CAA for the 1-hour 

ozone standard. EPA is also proposing 

to approve a waiver, for the ClevelandAkron-Lorain area, from the oxides of 

nitrogen (NOX) requirements of section 

27958 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

182(f) of the CAA. Finally, EPA finds 

adequate and is proposing to approve 

the State’s 2012 and 2020 Motor Vehicle 

Emission Budgets (MVEBs) for the 

Cleveland-Akron-Lorain area. 

DATES: Comments must be received on 

or before July 13, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0221, by one of the 

following methods: 

I. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

II. E-mail: mooney.john@epa.gov. 

III. Fax: (312) 886–2551. 

IV. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

V. Hand delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, 18th floor, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0221. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I of 

this document, ‘‘What Should I 

Consider as I Prepare My Comments for 

EPA?’’ 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone 

Kathleen D’Agostino, Environmental 

Engineer, at (312) 886–1767 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

Table of Contents 

I. What Should I Consider as I Prepare My 

Comments for EPA? 

II. What Action Is EPA Proposing To Take? 

III. What Is the Background for These 

Actions? 

A. What Is the General Background 

Information? 

B. What Are the Impacts of the December 

22, 2006, and June 8, 2007, United States 

Court of Appeals Decisions Regarding 

EPA’s Phase 1 Implementation Rule? 

IV. What Are the Criteria for Redesignation? 

V. What Is the Effect of These Actions? 

VI. What Is EPA’s Analysis of the Request? 

A. Attainment Determination and 

Redesignation 

B. Adequacy of Ohio’s MVEBs 

C. 2002 Base Year Emissions Inventory 

D. 15% ROP Plan 

E. Section 182(f) NOX Exemption 

VII. What Action Is EPA Taking? 

VIII. Statutory and Executive Order Reviews 

I. What Should I Consider as I Prepare 

My Comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What Action Is EPA Proposing To 

Take? 

EPA is proposing to take several 

related actions. EPA is proposing to 

make a determination that the 

Cleveland-Akron-Lorain nonattainment 

area has attained the 8-hour ozone 

standard and that this area has met the 

requirements for redesignation under 

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

thus proposing to approve Ohio’s 

request to change the legal designation 

of the Cleveland-Akron-Lorain area from 

nonattainment to attainment for the 8- 

hour ozone NAAQS. EPA is also 

proposing to approve Ohio’s 

maintenance plan SIP revision for 

Cleveland-Akron-Lorain (such approval 

being one of the CAA criteria for 

redesignation to attainment status). The 

maintenance plan is designed to keep 

the Cleveland-Akron-Lorain area in 

attainment of the ozone NAAQS 

through 2020. EPA is proposing to 

approve the 2002 base year emissions 

inventory for the Cleveland-AkronLorain area as meeting the requirements 

of section 182(a)(1) of the CAA. EPA is 

proposing to approve a waiver from the 

requirement for NOX reasonably 

available control technology (RACT) 

rules in the Cleveland-Akron-Lorain 

area. EPA is also proposing to approve 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27959 

Ohio’s 15% ROP plan as meeting the 

requirements of section 182(b)(1) of the 

CAA for the 1-hour ozone standard. 

Additionally, if EPA’s proposal to 

determine that the area has attained the 

1997 8-hour NAAQS is finalized, 

pursuant to the provisions of 40 CFR 

51.918, the requirement to submit 

certain planning SIPs related to 

attainment (the RACM requirement of 

section 172(c)(1) of the CAA, the RFP 

and attainment demonstration 

requirements of sections 172(c)(2) and 

(6) and 182(b)(1) of the CAA, and the 

requirement for contingency measures 

of section 172(c)(9) of the CAA) are not 

applicable to the area as long as it 

continues to attain the NAAQS. (These 

requirements would cease to apply 

upon redesignation.) Finally, EPA is 

proposing to approve the newly 

established 2012 and 2020 MVEBs for 

the Cleveland-Akron-Lorain area. The 

adequacy comment period for the 

MVEBs began on February 18, 2009, 

with EPA’s posting of the availability of 

the submittal on EPA’s Adequacy Web 

site (at http://www.epa.gov/otaq/ 

stateresources/transconf/ 

adequacy.htm). The adequacy comment 

period for these MVEBs ended on March 

20, 2009. EPA did not receive any 

requests for this submittal, or adverse 

comments on this submittal during the 

adequacy comment period. In a letter 

dated March 20, 2009, EPA informed 

Ohio EPA that we had found the 2012 

and 2020 MVEBs to be adequate for use 

in transportation conformity analyses. 

Please see section VII.B. of this 

rulemaking, ‘‘Adequacy of Ohio’s 

MVEBs,’’ for further explanation on this 

process. Therefore, we find adequate, 

and are proposing to approve, the 

State’s 2012 and 2020 MVEBs for 

transportation conformity purposes. 

III. What Is the Background for These 

Actions? 

A. What Is the General Background 

Information? 

Ground-level ozone is not emitted 

directly by sources. Rather, emissions of 

NOX and volatile organic compounds 

(VOCs) react in the presence of sunlight 

to form ground-level ozone. NOX and 

VOCs are referred to as precursors of 

ozone. 

The CAA establishes a process for air 

quality management through the 

NAAQS. Before promulgation of the 8- 

hour standard, the ozone NAAQS was 

based on a 1-hour standard. On 

November 6, 1991 (56 FR 56693 and 

56813), the Cleveland-Akron-Lorain 

area was designated as a moderate 

nonattainment area under the 1-hour 

ozone NAAQS. The area was 

subsequently redesignated to attainment 

of the 1-hour standard on May 7, 1996 

(61 FR 20454). At the time EPA revoked 

the 1-hour ozone NAAQS, on June 15, 

2005, the Cleveland-Akron-Lorain area 

was designated as attainment under the 

1-hour ozone NAAQS. 

On July 18, 1997 (62 FR 38856), EPA 

promulgated an 8-hour ozone standard 

of 0.08 parts per million parts (ppm). On 

April 30, 2004 (69 FR 23857), EPA 

published a final rule designating and 

classifying areas under the 8-hour ozone 

NAAQS. These designations and 

classifications became effective June 15, 

2004. EPA designated as nonattainment 

any area that was violating the 8-hour 

ozone NAAQS based on the three most 

recent years of air quality data, 2001– 

2003. 

The CAA contains two sets of 

provisions, subpart 1 and subpart 2, that 

address planning and control 

requirements for nonattainment areas. 

(Both are found in Title I, part D, 42 

U.S.C. 7501–7509a and 7511–7511f, 

respectively.) Subpart 1 contains general 

requirements for nonattainment areas 

for any pollutant, including ozone, 

governed by a NAAQS. Subpart 2 

provides more specific requirements for 

ozone nonattainment areas. 

Under EPA’s implementation rule for 

the 1997 8-hour ozone standard, (69 FR 

23951 (April 30, 2004)), an area was 

classified under subpart 2 based on its 

8-hour ozone design value (i.e. the 

three-year average annual fourth-highest 

daily maximum 8-hour average ozone 

concentration), if it had a 1-hour design 

value at the time of designation at or 

above 0.121 ppm (the lowest 1-hour 

design value in Table 1 of subpart 2) (69 

FR 23954). All other areas were covered 

under subpart 1, based upon their 8- 

hour design values (69 FR 23958). The 

Cleveland-Akron-Lorain area was 

designated as a subpart 2, 8-hour ozone 

moderate nonattainment area by EPA on 

April 30, 2004 (69 FR 23857, 23926– 

23927) based on air quality monitoring 

data from 2001–2003 (69 FR 23860). 

40 CFR 50.10 and 40 CFR part 50, 

Appendix I provide that the 8-hour 

ozone standard is attained when the 

three-year average of the annual fourthhighest daily maximum 8-hour average 

ozone concentration is less than or 

equal to 0.08 ppm, when rounded. The 

data completeness requirement is met 

when the average percent of days with 

valid ambient monitoring data is greater 

than 90 percent, and no single year has 

less than 75 percent data completeness. 

See 40 CFR part 50, Appendix I, 2.3(d). 

On March 17, 2009, Ohio EPA 

requested that EPA redesignate the 

Cleveland-Akron-Lorain area to 

attainment for the 8-hour ozone 

standard. The State supplemented the 

submittal on April 24, 2009. The 

redesignation request included three 

years of complete, quality-assured data 

for the period of 2006 through 2008, 

indicating the 8-hour NAAQS for ozone, 

as promulgated in 1997, had been 

attained for the Cleveland-Akron-Lorain 

area. Under the CAA, nonattainment 

areas may be redesignated to attainment 

if sufficient complete, quality-assured 

data are available for the Administrator 

to determine that the area has attained 

the standard, and the area meets the 

other CAA redesignation requirements 

in section 107(d)(3)(E). 

On March 27, 2008 (73 FR 16436), 

EPA promulgated a revised 8-hour 

ozone standard of 0.075. EPA has not 

yet promulgated area designations for 

this standard. While both the 1997 and 

2008 8-hour ozone standards are 

currently in place, the actions addressed 

in this proposed rulemaking relate only 

to the 1997 8-hour ozone standard. 

B. What Are the Impacts of the 

December 22, 2006, and June 8, 2007, 

United States Court of Appeals 

Decisions Regarding EPA’s Phase 1 

Implementation Rule? 

1. Summary of Court Decision 

On December 22, 2006, in South 

Coast Air Quality Management Dist. v. 

EPA, the U.S. Court of Appeals for the 

District of Columbia Circuit vacated 

EPA’s Phase 1 Implementation Rule for 

the 8-hour Ozone Standard (69 FR 

23951, April 30, 2004). 472 F.3d 882 

(D.C. Cir. 2006). On June 8, 2007, in 

response to several petitions for 

rehearing, the D.C. Circuit Court 

clarified that the Phase 1 Rule was 

vacated only with regard to those parts 

of the rule that had been successfully 

challenged. Id., Docket No. 04 1201. 

Therefore, several provisions of the 

Phase 1 Rule remain effective: 

Provisions related to classifications for 

areas currently classified under subpart 

2 of Title I, part D, of the CAA as 8-hour 

nonattainment areas; the 8-hour 

attainment dates; and the timing for 

emissions reductions needed for 

attainment of the 8-hour ozone NAAQS. 

The June 8, 2007, decision also left 

intact the Court’s rejection of EPA’s 

reasons for implementing the 8-hour 

standard in certain nonattainment areas 

under subpart 1 in lieu of subpart 2. By 

limiting the vacatur, the Court let stand 

EPA’s revocation of the 1-hour standard 

and those anti-backsliding provisions of 

the Phase 1 Rule that had not been 

successfully challenged. The June 8, 

2007, decision reaffirmed the December 

22, 2006, decision that EPA had 

improperly failed to retain four 

27960 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

measures required for 1-hour 

nonattainment areas under the antibacksliding provisions of the 

regulations: (1) Nonattainment area New 

Source Review (NSR) requirements 

based on an area’s 1-hour nonattainment 

classification; (2) Section 185 penalty 

fees for 1-hour severe or extreme 

nonattainment areas; (3) measures to be 

implemented pursuant to section 

172(c)(9) or 182(c)(9) of the Act, on the 

contingency of an area not making 

reasonable further progress toward 

attainment of the 1-hour NAAQS, or for 

failure to attain that NAAQS; and (4) 

certain transportation conformity 

requirements for certain types of Federal 

actions. The June 8, 2007, decision 

clarified that the Court’s reference to 

conformity requirements was limited to 

requiring the continued use of 1-hour 

motor vehicle emissions budgets until 8- 

hour budgets were available for 8-hour 

conformity determinations. 

This section sets forth EPA’s views on 

the potential effect of the Court’s rulings 

on this proposed redesignation action. 

For the reasons set forth below, EPA 

does not believe that the Court’s rulings 

alter any requirements relevant to this 

redesignation action so as to preclude 

redesignation or prevent EPA from 

proposing or ultimately finalizing this 

redesignation. EPA believes that the 

Court’s December 22, 2006, and June 8, 

2007, decisions impose no impediment 

to moving forward with redesignation of 

this area to attainment, because even in 

light of the Court’s decisions, 

redesignation is appropriate under the 

relevant redesignation provisions of the 

CAA and longstanding policies 

regarding redesignation requests. 

2. Requirements Under the 8-Hour 

Standard 

With respect to the 8-hour standard, 

the Cleveland-Akron-Lorain area is 

classified under subpart 2. The June 8, 

2007, opinion clarifies that the Court 

did not vacate the Phase 1 Rule’s 

provisions with respect to 

classifications for areas under subpart 2. 

The Court’s decision therefore upholds 

EPA’s classifications for those areas 

classified under subpart 2 for the 8-hour 

ozone standard. 

3. Requirements Under the 1-Hour 

Standard 

With respect to the 1-hour standard 

requirements, the Cleveland-AkronLorain area was an Attainment area 

subject to a CAA section 175A 

maintenance plan under the 1-hour 

standard. The Court’s decisions do not 

impact redesignation requests for these 

types of areas, except to the extent that 

the Court, in its June 8, 2007, decision, 

clarified that for those areas with 1-hour 

motor vehicle emissions budgets in their 

maintenance plans, anti-backsliding 

requires that those 1-hour budgets must 

be used for 8-hour conformity 

determinations until replaced by 8-hour 

budgets. To meet this requirement, 

conformity determinations in such areas 

must comply with the applicable 

requirements of EPA’s conformity 

regulations at 40 CFR part 93. 

With respect to the three other antibacksliding provisions for the 1-hour 

standard that the Court found were not 

properly retained, the Cleveland-AkronLorain area is an attainment area subject 

to a maintenance plan for the 1-hour 

standard, and the NSR, contingency 

measures (pursuant to section 172(c)(9) 

or 182(c)(9)), and fee provision 

requirements no longer apply to an area 

that has been redesignated to attainment 

of the 1-hour standard. 

Thus the decision in South Coast 

should not alter requirements that 

would preclude EPA from proposing or 

finalizing the redesignation of this area. 

IV. What Are the Criteria for 

Redesignation? 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) allows for redesignation 

provided that: (1) The Administrator 

determines that the area has attained the 

applicable NAAQS; (2) the 

Administrator has fully approved the 

applicable implementation plan for the 

area under section 110(k); (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 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A; and, (5) the State containing such 

area has met all requirements applicable 

to the area under section 110 and part 

D. 

EPA provided guidance on 

redesignation in the General Preamble 

for the Implementation of Title I of the 

CAA Amendments of 1990 on April 16, 

1992 (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: 

‘‘Ozone and Carbon Monoxide Design 

Value Calculations,’’ Memorandum from 

William G. Laxton, Director Technical 

Support Division, June 18, 1990; 

‘‘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; 

‘‘Contingency Measures for Ozone and 

Carbon Monoxide (CO) Redesignations,’’ 

Memorandum from G. T. Helms, Chief, 

Ozone/Carbon Monoxide Programs Branch, 

June 1, 1992; 

‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ 

Memorandum from John Calcagni, Director, 

Air Quality Management Division, September 

4, 1992; 

‘‘State Implementation Plan (SIP) Actions 

Submitted in Response to Clean Air Act 

(ACT) Deadlines,’’ Memorandum from John 

Calcagni, Director, Air Quality Management 

Division, October 28, 1992; 

‘‘Technical Support Documents (TSD’s) for 

Redesignation Ozone and Carbon Monoxide 

(CO) Nonattainment Areas,’’ Memorandum 

from G. T. Helms, Chief, Ozone/Carbon 

Monoxide Programs Branch, August 17, 

1993; 

‘‘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; 

‘‘Use of Actual Emissions in Maintenance 

Demonstrations for Ozone and CO 

Nonattainment Areas,’’ Memorandum from 

D. Kent Berry, Acting Director, Air Quality 

Management Division, to Air Division 

Directors, Regions 1–10, November 30, 1993. 

‘‘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 

‘‘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. 

V. What Is the Effect of These Actions? 

Approval of the redesignation request 

would change the official designation of 

the area for the 8-hour ozone NAAQS 

found at 40 CFR part 81. It would also 

incorporate into the Ohio SIP a plan for 

maintaining the 8-hour ozone NAAQS 

through 2020. The maintenance plan 

includes contingency measures to 

remedy future violations of the 8-hour 

NAAQS. It also establishes MVEBs of 

46.64 and 31.48 tons per day (tpd) VOC 

and 95.89 and 42.75 tpd NOX for the 

years 2012 and 2020, respectively. 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27961 

VI. What Is EPA’s Analysis of the 

Request? 

A. Attainment Determination and 

Redesignation 

EPA is proposing to make a 

determination that the ClevelandAkron-Lorain area has attained the 8- 

hour ozone standard and that the area 

has met all other applicable section 

107(d)(3)(E) redesignation criteria. The 

basis for EPA’s determination is as 

follows: 

1. The Area Has Attained the 8-Hour 

Ozone NAAQS (Section 107(d)(3)(E)(i)) 

EPA is proposing to make a 

determination that the ClevelandAkron-Lorain area has attained the 8- 

hour ozone NAAQS. For ozone, an area 

may be considered to be attaining the 8- 

hour ozone NAAQS if there are no 

violations, as determined in accordance 

with 40 CFR 50.10 and part 50, 

Appendix I, based on three complete, 

consecutive calendar years of qualityassured air quality monitoring data. To 

attain this standard, the three-year 

average of the fourth-highest daily 

maximum 8-hour average ozone 

concentrations measured at each 

monitor within an area over each year 

must not exceed 0.08 ppm. Based on the 

rounding convention described in 40 

CFR part 50, Appendix I, the standard 

is attained if the design value is 0.084 

ppm or below. The data must be 

collected and quality-assured in 

accordance with 40 CFR part 58, and 

recorded in the Aerometric Information 

Retrieval System (AIRS). The monitors 

generally should have remained at the 

same location for the duration of the 

monitoring period required for 

demonstrating attainment. 

Ohio EPA submitted ozone 

monitoring data for the 2006 to 2008 

ozone seasons. Ohio EPA qualityassured the ambient monitoring data in 

accordance with 40 CFR 58.10, and 

recorded it in the AIRS database, thus 

making the data publicly available. The 

data meet the completeness criteria in 

40 CFR Part 50, Appendix I, which 

requires a minimum completeness of 75 

percent annually and 90 percent over 

each three year period. Monitoring data 

is presented in Table 1 below. 

TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATION AND THREE YEAR AVERAGES OF 4TH

HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS

County Monitor 

2006 

4th high 

(ppm) 

2007 

4th high 

(ppm) 

2008 

4th high 

(ppm) 

2006–2008 

average 

(ppm) 

Ashtabula ............................................ Conneaut 39–007–1001 ................................. 0.086 0.092 0.075 0.084 

Cuyahoga ........................................... Cleveland 39–035–0034 ................................. 0.074 0.080 0.081 0.078 

Berea 39–035–0064 ....................................... 0.068 0.083 0.072 0.074 

Mayfield 39–035–5002 ................................... 0.081 0.080 0.083 0.081 

Geauga ............................................... Cleveland 39–055–0004 ................................. 0.070 0.068 0.082 0.073 

Lake .................................................... Eastlake 39–085–0003 ................................... 0.083 0.074 0.078 0.078 

Painsville 39–085–3002 .................................. 0.075 0.079 0.076 0.076 

Lorain .................................................. Sheffield 39–093–0018 ................................... 0.069 0.078 0.075 0.074 

Medina ................................................ Cleveland 39–103–0003 ................................. 0.073 0.069 0.075 0.072 

Portage ............................................... Akron 39–133–1001 ....................................... 0.070 0.084 0.069 0.074 

Summit ................................................ Akron 39–153–0020 ....................................... 0.077 0.090 0.080 0.082 

In addition, as discussed below with 

respect to the maintenance plan, Ohio 

EPA has committed to continue to 

operate an EPA-approved monitoring 

network as necessary to demonstrate 

ongoing compliance with the NAAQS. 

Ohio EPA commits to continue 

monitoring ozone at the sites indicated 

in Table 1. Ohio EPA also commits to 

consult with EPA prior to making 

changes to the existing monitoring 

network, should changes become 

necessary in the future. Ohio EPA 

remains obligated to continue to quality 

assure monitoring data in accordance 

with 40 CFR part 58 and enter all data 

into the Air Quality System in 

accordance with Federal guidelines. In 

summary, EPA believes that the data 

submitted by Ohio provide an adequate 

demonstration that the ClevelandAkron-Lorain area has attained the 8- 

hour ozone NAAQS, and currently 

available data show that the area 

continues to attain the standard. Should 

the area violate the standard before the 

redesignation is finalized, EPA will not 

go forward with the redesignation. 

2. The Area Has Met All Applicable 

Requirements Under Section 110 and 

Part D; and the Area Has a Fully 

Approved SIP Under Section 110(k) 

(Sections 107(d)(3)(E)(v) and 

107(d)(3)(E)(ii)) 

We have determined that Ohio has 

met all currently applicable SIP 

requirements for purposes of 

redesignation for the Cleveland-AkronLorain area under section 110 of the 

CAA (general SIP requirements). We 

have also determined that the Ohio SIP 

meets all SIP requirements currently 

applicable for purposes of redesignation 

under part D of Title I of the CAA 

(requirements specific to subpart 1 

nonattainment areas), in accordance 

with section 107(d)(3)(E)(v). In addition, 

with the exception of the base year 

emissions inventory, certain VOC RACT 

regulations, and the section 182(f) NOX

exemption, we have determined that the 

Ohio SIP is fully approved with respect 

to all applicable requirements for 

purposes of redesignation, in 

accordance with section 107(d)(3)(E)(ii). 

As discussed below, in this action EPA 

is proposing to approve Ohio’s 2002 

base year emissions inventory and NOX

RACT waiver. In a separate action, EPA 

is proposing to approve Ohio’s VOC 

RACT submittal. 

In making these determinations, we 

have ascertained what SIP requirements 

are applicable to the area for purposes 

of redesignation, and have determined 

that the portions of the SIP meeting 

these requirements are fully approved 

under section 110(k) of the CAA. As 

discussed more fully below, SIPs must 

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 

27962 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

1On October 27, 1998 (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 EPA has developed rules governing the 

control of NOX emissions from Electric Generating 

Units (EGUs), major non-EGU industrial boilers, 

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). EPA approved Ohio’s rules as meeting 

Phase II of the NOX SIP call on February 4, 2008 

(73 FR 6427). 

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). 

Since EPA is proposing here to 

determine that the area has attained the 

1997 8-hour ozone standard, under 40 

CFR 51.918, if that determination is 

finalized, the requirements to submit 

certain planning SIPs related to 

attainment, including attainment 

demonstration requirements (the RACM 

requirement of section 172(c)(1) of the 

CAA, the RFP and attainment 

demonstration requirements of sections 

172(c)(2) and (6) and 182(b)(1) of the 

CAA, and the requirement for 

contingency measures of section 

172(c)(9) of the CAA) would not be 

applicable to the area as long as it 

continues to attain the NAAQS and 

would cease to apply upon 

redesignation. In addition, in the 

context of redesignations, EPA has 

interpreted requirements related to 

attainment as not applicable for 

purposes of redesignation. For example, 

in the General Preamble EPA stated that: 

[t]he section 172(c)(9) requirements are 

directed at ensuring RFP and attainment by 

the applicable date. These requirements no 

longer apply when an area has attained the 

standard and is eligible for redesignation. 

Furthermore, section 175A for maintenance 

plans * * * provides specific requirements 

for contingency measures that effectively 

supersede the requirements of section 

172(c)(9) for these areas. ‘‘General Preamble 

for the Interpretation of Title I of the Clean 

Air Act Amendments of 1990,’’ (General 

Preamble) 57 FR 13498, 13564 (April 16, 

1992). 

See also Calcagni memorandum at 6 

(‘‘The requirements for reasonable 

further progress and other measures 

needed for attainment will not apply for 

redesignations because they only have 

meaning for areas not attaining the 

standard.’’). 

a. The Cleveland-Akron-Lorain Area 

Has Met All Applicable Requirements 

Under Section 110 and Part D of the 

CAA for Purposes of Redesignation 

i. Section 110 General SIP Requirements 

Section 110(a) of Title I of the CAA 

contains the general requirements for a 

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

implementation plan submitted by a 

State must have been adopted by the 

State after reasonable public notice and 

hearing, and that, among other things, it 

includes enforceable emission 

limitations and other control measures, 

means or techniques necessary to meet 

the requirements of the CAA; provides 

for establishment and operation of 

appropriate devices, methods, systems 

and procedures necessary to monitor 

ambient air quality; provides for 

implementation of a source permit 

program to regulate the modification 

and construction of any stationary 

source within the areas covered by the 

plan; includes provisions for the 

implementation of part C, Prevention of 

Significant Deterioration (PSD) and part 

D, NSR permit programs; includes 

criteria for stationary source emission 

control measures, monitoring, and 

reporting; includes provisions for air 

quality modeling; and provides for 

public and local agency participation in 

planning and emission control rule 

development. 

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

requires that SIPs 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 air 

pollutants (NOX SIP Call 1 and Clean Air 

Interstate Rule (CAIR) (70 FR 25162, 

May 12 2005)). However, the section 

110(a)(2)(D) requirements for a State are 

not linked with a particular 

nonattainment area’s designation and 

classification. EPA believes that the 

requirements linked with a particular 

nonattainment area’s designation and 

classification are the relevant measures 

to evaluate in reviewing a redesignation 

request. The transport SIP submittal 

requirements, where applicable, 

continue to apply to a State regardless 

of the designation of any one particular 

area in the State. Thus, we believe that 

these requirements should not be 

construed to be applicable requirements 

for purposes of redesignation. 

Further, we believe that the other 

section 110 elements described above 

that are not connected with 

nonattainment plan submissions and 

not linked with an area’s attainment 

status are also not applicable 

requirements for purposes of 

redesignation. A State remains subject 

to these requirements after an area is 

redesignated to attainment. We 

conclude that only the section 110 and 

part D requirements which are linked 

with a particular area’s designation and 

classification are the relevant measures 

which we may consider in evaluating a 

redesignation request. This approach is 

consistent with EPA’s existing policy on 

applicability of conformity and 

oxygenated fuels requirements for 

redesignation purposes, as well as with 

section 184 ozone transport 

requirements. See Reading, 

Pennsylvania, proposed and final 

rulemakings (61 FR 53174–53176, 

October 10, 1996), (62 FR 24826, May 7, 

1997); Cleveland-Akron-Lorain, Ohio, 

final rulemaking (61 FR 20458, May 7, 

1996); and Tampa, Florida, final 

rulemaking (60 FR 62748, December 7, 

1995). See also the discussion on this 

issue in the Cincinnati, Ohio ozone 

redesignation (65 FR 37890, June 19, 

2000), and in 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. EPA has 

previously approved provisions of the 

Ohio SIP addressing section 110 

elements under the 1-hour ozone 

standard (40 CFR 52.1870). Further, in 

submittals dated December 5, 2007, and 

September 19, 2008, Ohio confirmed 

that the State continues to meet the 

section 110 requirements for the 8-hour 

ozone standard. EPA has not yet taken 

rulemaking action on these submittals; 

however, such approval is not necessary 

for redesignation. 

ii. Part D Requirements 

EPA has determined that, with the 

approval of the base year emissions 

inventory and the NOX waiver, 

discussed in section VII.C. of this 

rulemaking, and the VOC RACT 

submittal, discussed below under the 

heading ‘‘Subpart 2 Section 182(a) and 

(b) Requirements,’’ the Ohio SIP will 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27963 

meet the SIP requirements applicable 

for purposes of redesignation under part 

D of the CAA for the Cleveland-AkronLorain area. Under part D of the CAA, 

an area’s classification determines the 

requirements to which it will be subject. 

Subpart 1 of part D, found in sections 

172–176 of the CAA, sets forth the basic 

nonattainment requirements applicable 

to all nonattainment areas. Subpart 2 of 

part D, which includes section 182 of 

the CAA, establishes additional specific 

requirements depending on the area’s 

nonattainment classification. 

The Cleveland-Akron-Lorain area was 

classified as a moderate area under 

subpart 2; therefore the State must meet 

both the applicable requirements of 

subpart 1 and subpart 2 of part D. The 

applicable subpart 1 requirements are 

contained in sections 172(c)(1)–(9) and 

in section 176. The subpart 2 

requirements applicable to the 

Cleveland-Akron-Lorain area are 

contained in sections 182(a) and (b) 

(marginal and moderate nonattainment 

area requirements). 

Subpart 1 Section 172 Requirements. 

For purposes of evaluating this 

redesignation request, the applicable 

section 172 SIP requirements for the 

Cleveland-Akron-Lorain area are 

contained in sections 172(c)(1)–(9). A 

thorough discussion of the requirements 

contained in section 172 can be found 

in the General Preamble for 

Implementation of Title I (57 FR 13498, 

April 16, 1992). 

Section 172(c)(1) requires the plans 

for all nonattainment areas to provide 

for the implementation of all RACM as 

expeditiously as practicable. The EPA 

interprets this requirement to impose a 

duty on all nonattainment areas to 

consider all available control measures 

and to adopt and implement such 

measures as are reasonably available for 

implementation in the area as 

components of the areas attainment 

demonstration. Because attainment has 

been reached, no additional measures 

are needed to provide for attainment. 

The RFP requirement under section 

172(c)(2) is defined as progress that 

must be made toward attainment. This 

requirement is not relevant because the 

Cleveland-Akron-Lorain area has 

demonstrated monitored attainment of 

the ozone NAAQS (General Preamble, 

57 FR 13564). In addition, because the 

Cleveland-Akron-Lorain area has 

attained the ozone NAAQS and is no 

longer subject to an RFP requirement, 

the section 172(c)(9) contingency 

measures are not applicable. 

Section 172(c)(3) requires submission 

and approval of a comprehensive, 

accurate and current inventory of actual 

emissions. This requirement was 

superseded by the inventory 

requirement in section 182(a)(1). 

Section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

modified stationary sources to be 

allowed 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 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 Cleveland-AkronLorain 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 

Cleveland-Akron-Lorain area upon 

redesignation to attainment. 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). 

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

contain control measures necessary to 

provide for attainment of the standard. 

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. 

Subpart 1 Section 176 Conformity 

Requirements. 

Section 176(c) of the CAA requires 

States to establish criteria and 

procedures to ensure that Federallysupported or funded activities, 

including highway projects, conform to 

the air quality planning goals in the 

applicable SIPs. The requirement to 

determine conformity applies to 

transportation plans, programs and 

projects developed, funded or approved 

under Title 23 of the U.S. Code and the 

Federal Transit Act (transportation 

conformity) as well as to all other 

Federally-supported or funded projects 

(general conformity). State conformity 

revisions must be consistent with 

Federal conformity regulations relating 

to consultation, enforcement, and 

enforceability, which EPA promulgated 

pursuant to CAA requirements. 

EPA believes that it is reasonable to 

interpret the conformity SIP 

requirements as not applying for 

purposes of evaluating the redesignation 

request under section 107(d) for two 

reasons. First, the requirement to submit 

SIP revisions to comply with the 

conformity provisions of the CAA 

continues to apply to areas after 

redesignation to attainment since such 

areas would be subject to a section 175A 

maintenance plan. Second, EPA’s 

Federal conformity rules require the 

performance of conformity analyses in 

the absence of Federally-approved State 

rules. Therefore, because areas are 

subject to the conformity requirements 

regardless of whether they are 

redesignated to attainment and, because 

they must implement conformity under 

Federal rules if State rules are not yet 

approved, EPA believes it is reasonable 

to view these requirements as not 

applying for purposes of evaluating a 

redesignation request. See Wall v. EPA, 

265 F.3d 426 (6th Cir. 2001), upholding 

this interpretation. See also 60 FR 

62748, 62749–62750 (Dec. 7, 1995) 

(Tampa, Florida). 

EPA approved Ohio’s general and 

transportation conformity SIPs on 

March 11, 1996 (61 FR 9646), and May 

30, 2000 (65 FR 34395), respectively. 

Ohio has submitted onroad motor 

vehicle budgets for the ClevelandAkron-Lorain area of 46.64 and 31.48 

tpd VOC and 95.89 and 42.75 tpd NOX

for the years 2012 and 2020, 

respectively. The area must use the 

MVEBs from the maintenance plan in 

any conformity determination that is 

effective on or after the effective date of 

the maintenance plan approval. 

Subpart 2 Section 182(a) and (b) 

Requirements. 

As set forth in the September 4, 1992, 

and September 17, 1993, EPA guidance 

memoranda referenced in section IV of 

this action, ‘‘What Are the Criteria for 

Redesignation?,’’ only those 

requirements which came due prior to 

Ohio’s submittal of a request to 

designate the Cleveland-Akron-Lorain 

area must be fully approved into the SIP 

before or at the time EPA approves the 

redesignation of the area to attainment. 

These requirements are discussed 

below. 

Base Year Emissions Inventory. 

Section 182(a)(1) requires the 

27964 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

submission of a base year emissions 

inventory. As part of Ohio’s 

redesignation request for the ClevelandAkron-Lorain area, the State submitted 

a 2002 base year emissions inventory. 

As discussed below, EPA is proposing 

to approve the 2002 base year inventory 

that Ohio submitted with the 

redesignation request as meeting the 

section 182(a)(1) emissions inventory 

requirement. 

Emissions Statements. EPA approved 

Ohio’s emission statement SIP, as 

required by section 182(a)(3)(B), on 

October 13, 1994 (59 FR 51863). 

Reasonable Further Progress and 

Attainment Demonstration. On June 15, 

2007, and February 22, 2008, Ohio EPA 

submitted an attainment demonstration 

and reasonable further progress plans 

for the Cleveland-Akron-Lorain area as 

required by section 182(b)(1) of the 

CAA. In this submittal, Ohio EPA 

requested that EPA act on the 15% ROP 

plan that was originally submitted by 

Ohio to meet section 182(b)(1) 

requirements under the 1-hour ozone 

standard. Because attainment has been 

reached, section 182(b)(1) requirements 

are no longer considered to be 

applicable as long as the area continues 

to attain the standard. Nevertheless, as 

discussed below, EPA is proposing to 

approve Ohio’s 15% ROP plan as 

meeting the requirements of section 

182(b)(1) of the CAA for the 1-hour 

ozone standard. 

VOC RACT Requirements. Section 

182(b)(2) requires States with moderate 

nonattainment areas to implement 

RACT under section 172(c)(1) with 

respect to each of the following: (1) All 

sources covered by a Control 

Technology Guideline (CTG) document 

issued between November 15, 1990, and 

the date of attainment; (2) all sources 

covered by a CTG issued prior to 

November 15, 1990; and, (3) all other 

major non-CTG stationary sources. As 

required under the 1-hour ozone 

standard, Ohio submitted VOC RACT 

rules covering the second and third 

categories. The EPA approved these 

VOC RACT rules on April 25, 1996 (61 

FR 18255), September 7, 1994 (59 FR 

46182), and October 23, 1995 (60 FR 

54308). With respect to the first 

category, EPA issued CTGs for five 

source categories in September 2006 

and three additional source categories in 

September 2007. Areas classified as 

moderate and above were required to 

submit VOC RACT for the source 

categories covered by these CTGs, by 

September 2007, and September 2008, 

respectively. Ohio submitted a SIP 

revision to address these CTGs on 

March 23, 2009. On May 7, 2009 (74 FR 

21295), EPA proposed to approve Ohio’s 

RACT submittal. Full approval of Ohio’s 

RACT submittal is a prerequisite for 

approval of the redesignation of the 

Cleveland-Akron-Lorain area to 

attainment. 

NOX RACT. Section 182(f) establishes 

NOX requirements for ozone 

nonattainment areas. However, it 

provides that these requirements do not 

apply to an area if the Administrator 

determines that NOX reductions would 

not contribute to attainment. As 

discussed in section VI.E. below, we are 

proposing such a determination for the 

Cleveland-Akron-Lorain nonattainment 

area as requested by the State of Ohio. 

If the NOX waiver is approved as a final 

rule, the State of Ohio need have fully 

approved NOX control measures under 

section 182(f) for the Cleveland-AkronLorain area to be redesignated to 

attainment. 

Stage II Vapor Recovery. Section 

182(b)(3) requires States to submit Stage 

II rules no later than November 15, 

1992. The EPA partially approved and 

partially disapproved Ohio’s SIP 

revision for implementation of Stage II 

on October 20, 1994 (59 FR 52911). As 

stated in that rulemaking action, with 

the exception of paragraph 3745–21–09 

(DDD)(5), EPA considers Ohio’s Stage II 

program to fully satisfy the criteria set 

forth in the September 17, 1993, EPA 

guidance document for such programs 

entitled ‘‘Enforcement Guidance for 

Stage II Vehicle Refueling Control 

Programs.’’ Furthermore, the September 

17, 1993, guidance memorandum states 

that once onboard vapor recovery 

regulations are promulgated, the 

requirement for Stage II regulations no 

longer applies to moderate ozone 

nonattainment areas. The EPA 

promulgated onboard vapor recovery 

rules in February 1994. Therefore, 

pursuant to section 202(a)(6) of the 

CAA, Stage II regulations are no longer 

required. 

Vehicle Inspection and Maintenance 

(I/M). The EPA’s final I/M regulations in 

40 CFR part 85 require the States to 

submit a fully adopted I/M program by 

November 15, 1993. EPA approved 

Ohio’s enhanced I/M program (E– 

Check), on April 4, 1995 (60 FR 16989) 

and January 6, 1997 (62 FR 646). 

Thus, as discussed above, with 

approval of the base year inventory, the 

section 182(f) NOX exemption, and 

Ohio’s VOC RACT submittal, the 

Cleveland-Akron-Lorain area will satisfy 

the requirements applicable for 

purposes of redesignation under section 

110 and part D of the CAA. 

b. The Cleveland-Akron-Lorain Area 

Has a Fully Approved Applicable SIP 

for Purposes of Redesignation Under 

Section 110(k) of the CAA. 

If EPA finalizes approvals of the base 

year emissions inventory, Ohio’s VOC 

RACT submittal, and the section 182(f) 

NOX exemption, EPA will have fully 

approved the Ohio SIP for the 

Cleveland-Akron-Lorain area under 

section 110(k) of the CAA for all 

requirements applicable for purposes of 

redesignation. EPA may rely on prior 

SIP approvals in approving a 

redesignation request (See page three of 

the September 4, 1992, John Calcagni 

memorandum; Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–990 (6th 

Cir. 1998); Wall v. EPA, 265 F.3d 426 

(6th Cir. 2001)) plus any additional 

measures it may approve in conjunction 

with a redesignation action. See 68 FR 

25413, 25426 (May 12, 2003). Since the 

passage of the CAA of 1970, Ohio has 

adopted and submitted, and EPA has 

fully approved, provisions addressing 

the various required SIP elements 

applicable to the Cleveland-AkronLorain area under the 1-hour ozone 

standard. In this action, EPA is 

proposing to approve Ohio’s 2002 base 

year emissions inventory for the 

Cleveland-Akron-Lorain area as meeting 

the requirement of section 182(a)(1) of 

the CAA. EPA is also proposing to 

approve Ohio’s NOX waiver for the 

Cleveland-Akron-Lorain area. In a 

separate action, EPA is proposing to 

approve Ohio’s VOC RACT submission. 

No Cleveland-Akron-Lorain area SIP 

provisions are currently disapproved, 

conditionally approved, or partially 

approved. 

3. The Improvement in Air Quality Is 

Due to Permanent and Enforceable 

Reductions in Emissions Resulting From 

Implementation of the SIP and 

Applicable Federal Air Pollution 

Control Regulations and Other 

Permanent and Enforceable Reductions 

(Section 107(d)(3)(E)(iii)) 

EPA finds that Ohio has demonstrated 

that the observed air quality 

improvement in the Cleveland-AkronLorain area is due to permanent and 

enforceable reductions in emissions 

resulting from implementation of the 

SIP, Federal measures, and other Stateadopted measures. 

In making this demonstration, the 

State has calculated the change in 

emissions between 2002 and 2006. Ohio 

used the 2002 nonattainment area base 

year emissions inventory required under 

section 182(a)(1) of the CAA as the 

nonattainment inventory for 

redesignation purposes. The State 

developed an attainment inventory for 

2006, one of the years the ClevelandAkron-Lorain area monitored 

attainment. The reduction in emissions 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27965 

and the corresponding improvement in 

air quality over this time period can be 

attributed to a number of regulatory 

control measures that Cleveland-AkronLorain and upwind areas have 

implemented in recent years. 

a. Permanent and Enforceable 

Controls Implemented. 

The following is a discussion of 

permanent and enforceable measures 

that have been implemented in the 

areas: 

i. VOC Controls. Ohio adopted rules 

to limit VOC emissions from portable 

fuel containers and consumer and 

commercial products. 

ii. Automobile Inspection and 

Maintenance (I/M) program. Ohio 

operates an enhanced automobile 

inspection and maintenance program in 

the Cleveland-Akron-Lorain area. 

iii. Stationary Source NOX Rules. 

Ohio EPA developed rules governing 

the control of NOX emissions from 

Electric Generating Units (EGUs), major 

non-EGU industrial boilers, 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 fulfilling Phase II of the SIP call on 

February 4, 2008 (73 FR 6427). 

Beginning in 2004, this rule accounts for 

approximately a 31 percent reduction in 

statewide NOX emissions. 

iv. Federal Emission Control 

Measures. 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 National 

Low Emission Vehicle (NLEV) program, 

Tier 2 emission standards for vehicles, 

gasoline sulfur limits, low sulfur diesel 

fuel standards, and heavy-duty diesel 

engine standards. In addition, on June 

29, 2004 (69 FR 38958), EPA issued the 

Clean Air Non-road Diesel Rule, which 

phases in Tier 4 emissions standards 

over the 2008–2015 time period. 

v. Control Measures in Upwind Areas. 

On October 27, 1998 (63 FR 57356), EPA 

issued a NOX SIP call requiring the 

District of Columbia and 22 States to 

reduce emissions of NOX. The reduction 

in NOX emissions has resulted in lower 

concentrations of transported ozone 

entering the Cleveland-Akron-Lorain 

area. Emission reductions resulting from 

regulations developed in response to the 

NOX SIP call are permanent and 

enforceable. 

b. Emission Reductions. 

Ohio is using the 2002 base year 

inventory developed pursuant to section 

182(a)(1) of the CAA as the 

nonattainment inventory. In developing 

the 2002 base year inventory, Ohio EPA 

provided point and area source 

inventories to the Lake Michigan Air 

Directors Consortium (LADCO). The 

main purpose of LADCO is to provide 

technical assessments for and assistance 

to its member States on problems of air 

quality. LADCO’s primary geographic 

focus is the area encompassed by its 

member States (Illinois, Indiana, 

Michigan, Ohio and Wisconsin) and any 

areas which affect air quality in its 

member States. LADCO processed these 

inventories through the Emission 

Modeling System (EMS) to generate 

summer weekday emissions for VOC 

and NOX. The processed modeling 

inventories were used for the base year 

inventory. The point source data 

provided to LADCO is a combination of 

EPA’s EGU inventory and sourcespecific data reported to Ohio EPA for 

non-EGU sources. Area source 

emissions were estimated by Ohio EPA 

using published Emission Inventory 

Improvement Program methodologies or 

methodologies shared by other States. 

Ohio EPA documented the methodology 

used for each area source category. 

Nonroad mobile emissions were 

generated for LADCO using EPA’s 

National Mobile Inventory Model 

(NMIM), with the following exceptions: 

recreational motorboat populations and 

spatial surrogates were updated; 

emissions estimates were developed for 

commercial marine vessels, aircraft, and 

railroads (MAR), three nonroad 

categories not included in NMIM; and, 

onroad mobile emissions were 

calculated using the MOBILE6.2 

emissions model. 

Ohio is using 2006 for the attainment 

year inventory. Ohio EPA developed a 

2005 base year inventory, in 

conjunction with LADCO, using the 

methodology described above for base 

year 2002. With the exception of the 

onroad mobile sector, Ohio EPA used 

growth factors provided by LADCO to 

project this inventory to 2006. Onroad 

mobile emissions were calculated for 

2006 using the MOBILE6.2 emissions 

model. 

Using the inventories described 

above, Ohio’s submittal documents 

changes in VOC and NOX emissions 

from 2002 to 2006 for the ClevelandAkron-Lorain area. Emissions data are 

shown in Tables 3 through 5 below. 

TABLE 3—CLEVELAND-AKRON-LORAIN AREA VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 2002 (TPD) 

Point Area Nonroad Onroad Total 

VOC NOX VOC NOX VOC NOX VOC NOX VOC NOX

Ashtabula ..................................... 5.58 11.46 3.31 0.51 9.77 8.99 5.78 9.60 24.44 30.56 

Cuyahoga ..................................... 2.19 10.76 46.90 5.90 39.95 40.28 43.68 90.55 132.72 147.49 

Geauga ......................................... 0.00 0.00 8.26 0.44 3.98 2.07 3.62 6.80 15.86 9.31 

Lake .............................................. 0.49 72.36 9.01 0.97 13.35 8.27 8.20 17.65 31.05 99.25 

Lorain ........................................... 2.44 58.68 11.96 0.77 13.46 13.60 9.54 20.33 37.40 93.38 

Medina .......................................... 0.20 0.08 6.18 0.76 3.96 4.02 7.58 16.31 17.92 21.17 

Portage ......................................... 0.61 0.00 6.45 0.77 5.10 5.68 6.61 14.56 18.77 21.01 

Summit ......................................... 1.13 3.64 18.61 2.37 9.15 11.53 24.48 50.37 53.37 67.91 

Total ...................................... 12.64 156.98 110.68 12.49 98.72 94.44 109.49 226.17 331.53 490.08 

TABLE 4—CLEVELAND-AKRON-LORAIN VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2006 (TPD) 

Point Area Nonroad Onroad Total 

VOC NOX VOC NOX VOC NOX VOC NOX VOC NOX

Ashtabula ..................................... 0.94 4.52 5.89 0.85 9.19 8.71 4.00 7.01 20.02 21.09 

Cuyahoga ..................................... 3.68 13.56 44.14 13.83 40.62 36.61 27.64 64.40 116.08 128.40 

Geauga ......................................... 0.00 0.00 9.96 1.01 4.87 2.58 2.41 5.06 17.24 8.65 

27966 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

TABLE 4—CLEVELAND-AKRON-LORAIN VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2006 (TPD)—Continued 

Point Area Nonroad Onroad Total 

VOC NOX VOC NOX VOC NOX VOC NOX VOC NOX

Lake .............................................. 0.82 37.48 9.06 2.30 11.13 8.99 5.33 13.00 26.34 61.77 

Lorain ........................................... 3.18 27.31 11.45 2.66 13.03 12.84 6.17 14.88 33.83 57.69 

Medina .......................................... 0.79 0.26 7.40 1.57 5.29 5.02 5.05 12.32 18.53 19.17 

Portage ......................................... 0.95 0.22 6.19 1.52 7.49 6.25 4.30 10.79 18.93 18.78 

Summit ......................................... 1.27 3.23 18.17 5.51 12.36 11.33 14.18 34.28 45.98 54.35 

Total ...................................... 11.63 86.58 92.32 29.25 57.67 92.33 69.08 161.74 296.95 369.90 

TABLE 5—COMPARISON OF CLEVELAND-AKRON-LORAIN 2002 AND 2006 VOC AND NOX EMISSIONS (TPD) 

VOC NOX

2002 2006 Net change 

(2002–2006) 2002 2006 Net change (2002–2006) 

Point ......................................................... 12.64 11.63 ¥1.01 156.98 86.58 ¥70.40 

Area .......................................................... 110.68 92.32 ¥18.36 12.49 29.25 16.76 

Nonroad ................................................... 98.72 57.67 ¥41.05 94.44 92.33 ¥2.11 

Onroad ..................................................... 109.49 69.08 ¥40.41 226.17 161.74 ¥64.43 

Total .................................................. 331.53 296.95 ¥34.58 490.08 369.90 ¥120.18 

Table 5 shows that the ClevelandAkron-Lorain area reduced VOC 

emissions by 34.58 tpd and NOX

emissions by 120.18 tpd between 2002 

and 2006. Based on the information 

summarized above, Ohio has adequately 

demonstrated that the improvement in 

air quality is due to permanent and 

enforceable emissions reductions. 

4. The Area Has a Fully Approved 

Maintenance Plan Pursuant to Section 

175a of the CAA (Section 

107(d)(3)(E)(iv)) 

In conjunction with its request to 

redesignate the Cleveland-Akron-Lorain 

nonattainment area to attainment status, 

Ohio submitted a SIP revision to 

provide for the maintenance of the 8- 

hour ozone NAAQS in the area through 

2020. 

a. What Is Required in a Maintenance 

Plan? 

Section 175A of the CAA sets forth 

the required elements of a maintenance 

plan for areas seeking redesignation 

from nonattainment to attainment. 

Under section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least ten 

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 will 

continue to be maintained for ten years 

following the initial ten-year 

maintenance period. To address the 

possibility of future NAAQS violations, 

the maintenance plan must contain 

contingency measures with a schedule 

for implementation as EPA deems 

necessary to assure prompt correction of 

any future 8-hour ozone violations. 

The September 4, 1992, John Calcagni 

memorandum provides additional 

guidance on the content of a 

maintenance plan. The memorandum 

clarifies that an ozone maintenance plan 

should address the following items: The 

attainment VOC and NOX emissions 

inventories, a maintenance 

demonstration showing maintenance for 

the ten years of the maintenance period, 

a commitment to maintain the existing 

monitoring network, factors and 

procedures to be used for verification of 

continued attainment of the NAAQS, 

and a contingency plan to prevent or 

correct future violations of the NAAQS. 

b. Attainment Inventory. 

The Ohio EPA developed an 

emissions inventory for 2006, one of the 

years Ohio used to demonstrate 

monitored attainment of the 8-hour 

NAAQS, as described above. The 

attainment level of emissions is 

summarized in Table 4, above. 

c. Demonstration of Maintenance. 

Along with the redesignation request, 

Ohio submitted a revision to the 8-hour 

ozone SIP to include a maintenance 

plan for the Cleveland-Akron-Lorain 

area, in compliance with section 175A 

of the CAA. This demonstration shows 

maintenance of the 8-hour ozone 

standard through 2020 by assuring that 

current and future emissions of VOC 

and NOX for the Cleveland-AkronLorain 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 2012 and 2020 to 

demonstrate maintenance. Onroad 

emissions for 2012 and 2020 were 

calculated using the MOBILE6.2 

emissions model. Emissions estimates 

for the remaining source categories were 

based on future year inventories 

developed by LADCO for the years 2012 

and 2018. With the exception of MAR, 

nonroad emissions for these years were 

estimated using NMIM. MAR emissions 

were derived by applying growth and 

control factors to the 2005 inventory. 

Area source and point source emissions 

were derived by applying growth and 

control factors to the 2005 inventory. 

EGU emissions estimates assume no 

credit for implementation of CAIR in the 

area. To derive 2020 emissions 

estimates, Ohio EPA applied LADCO 

growth factors to the 2018 LADCO 

inventory. 

Ohio is in the process of revising its 

State rules for its Best Available 

Technology (BAT) minor source 

permitting program. As discussed 

above, a State can demonstrate 

maintenance of the standard by showing 

that future emissions of VOC and NOX

for the area remain at or below 

attainment year emission levels. Ohio 

EPA’s emissions projections for this 

maintenance plan assume no emissions 

benefits from implementation of the 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27967 

2There is more uncertainty about the use of SO2

allowances and future projections for SO2

emissions; thus, further review and discussion will 

be needed regarding the appropriateness of using 

these emission projections for future PM2.5 SIP 

approvals and redesignation requests. 

BAT program. The LADCO growth 

factors used to project future emissions 

were developed using techniques 

consistent among the LADCO States and 

assume implementation of no minor 

source permitting programs for any 

State, including Ohio. The emission 

projections show that Ohio EPA does 

not expect emissions in the ClevelandAkron-Lorain area to exceed the level of 

the 2006 attainment year inventory 

during the maintenance period. Ohio’s 

maintenance plan demonstrates that the 

area can maintain the standard through 

2020 applying standard growth factors 

and without the BAT program. EPA 

believes that Ohio has provided 

adequate demonstration of maintenance, 

and that any changes to the BAT 

program should not impact the 

Cleveland-Akron-Lorain area’s ability to 

attain or maintain the 1997 8-hour 

ozone NAAQS. Therefore, the issues 

associated with the BAT program are 

not being considered for purposes of 

this redesignation. Nothing in this rule 

or redesignation is intended to affect the 

SIP approvability or non-approvability 

of any revised Ohio BAT rules, and EPA 

will evaluate the approvability of such 

rules when Ohio submits them. 

Emissions data are shown in Table 6 

below. 

TABLE 6—CLEVELAND-AKRON-LORAIN AREA VOC AND NOX EMISSIONS FOR 2006, 2012 AND 2020 (TPD) 

VOC NOX

2006 2012 2020 

Net 

change 

2006– 

2012 

Net 

change 

2006– 

2020 

2006 2012 2020 

Net 

change 

2006– 

2012 

Net 

change 

2006– 

2020 

Point ......................................... 11.63 12.90 15.01 1.27 3.38 86.58 73.19 71.79 ¥13.39 ¥14.79 

Area .......................................... 112.26 96.18 92.63 ¥16.08 ¥19,63 29,25 29.58 29.71 0.33 0.46 

Nonroad .................................... 103.98 77.12 76.99 ¥26.86 ¥26.99 92.33 69.65 44.06 ¥22.68 ¥48.27 

Onroad ..................................... 69.08 40.56 27.38 ¥28.52 ¥41.70 161.74 83.36 37.66 ¥78.38 ¥124.08 

Total .................................. 296.95 226.76 212.01 ¥70.19 ¥84.94 369.90 255.78 183.22 ¥114.12 ¥186.68 

The emission projections show that 

Ohio EPA does not expect emissions in 

the Cleveland-Akron-Lorain area to 

exceed the level of the 2006 attainment 

year inventory during the maintenance 

period. In the Cleveland-Akron-Lorain 

area, Ohio EPA projects that VOC and 

NOX emissions will decrease by 84.94 

tpd and 186.68 tpd, respectively, 

between 2006 and 2020. 

In addition, LADCO performed a 

regional modeling analysis to address 

the effect of the recent court decision 

vacating CAIR. This analysis is 

documented in LADCO’s ‘‘Regional Air 

Quality Analyses for Ozone, PM2.5, and 

Regional Haze: Final Technical Support 

Document (Supplement), September 12, 

2008.’’ LADCO produced a base year 

inventory for 2005 and future year 

inventories for 2009, 2012, and 2018. To 

estimate future EGU NOX emissions 

without implementation of CAIR, 

LADCO projected 2007 EGU NOX

emissions for all States in the modeling 

domain based on Energy Information 

Administration growth rates by State 

(North American Electric Reliability 

Corporation (NERC) region) and fuel 

type for the years 2009, 2012 and 2018. 

The assumed 2007–2018 growth rates 

were 8.8% for Illinois, Iowa, Missouri 

and Wisconsin; 13.5% for Indiana, 

Kentucky, Michigan and Ohio; and 

15.1% for Minnesota. Emissions were 

adjusted by applying legally enforceable 

controls, e.g., consent decree or rule. 

EGU NOX emissions projections for the 

States of Illinois, Indiana, Michigan, 

Ohio, and Wisconsin are shown below 

in Table 7. The emission projections 

used for the modeling analysis do not 

account for certain relevant factors such 

as allowance trading and potential 

changes in operation of existing control 

devices. The NOX projections indicate 

that, due to the NOX SIP call, certain 

State rules, consent decrees resulting 

from enforcement cases, and ongoing 

implementation of a number of mobile 

source rules, EGU NOX is not expected 

to increase in Ohio or any of the States 

in the immediate region, and overall 

NOX emissions in Ohio and the nearby 

region are expected to decrease 

substantially between 2005 and 2020.2

Total NOX emissions projections are 

shown in Table 8, below. 

TABLE 7—EGU NOX EMISSIONS FOR THE STATES OF ILLINOIS, INDIANA, MICHIGAN, OHIO AND WISCONSIN (TPD) FOR

2007, 2009, 2012, AND 2018 

2007 2009 2012 2018 

EGU ................................................................................................................. 1,582 1,552 1,516 1,524 

TABLE 8—TOTAL NOX EMISSIONS FOR THE STATES OF ILLINOIS, INDIANA, MICHIGAN, OHIO AND WISCONSIN (TPD) FOR

THE YEARS 2005, 2009, 2012, AND 2018 

2005 2009 2012 2018 

Total NOX ........................................................................................................ 8,260 6,778 6,076 4,759

Given that 2007 is one of the years 

Ohio used to demonstrate monitored 

attainment of the 8-hour NAAQS, Table 

7 shows that EGU NOX emissions will 

remain below attainment levels through 

2018. If the rate of emissions increase 

27968 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

between 2012 and 2018 continues 

through 2020, EGU NOX emissions 

would still remain below attainment 

levels in 2020. Furthermore, as shown 

in Table 8, total NOX emissions clearly 

continue to decrease substantially 

throughout the maintenance period. 

Ozone modeling performed by 

LADCO using this emissions data 

supports the conclusion that the 

Cleveland-Akron-Lorain area will 

maintain the standard throughout the 

maintenance period. Peak modeled 

ozone levels in the area for 2009, 2012 

and 2018 are 0.084 ppm, 0.081 ppm, 

and 0.078 ppm, respectively. These 

projected ozone levels were modeled 

applying only legally enforceable 

controls; e.g., consent decrees, rules, the 

NOX SIP call, Federal motor vehicle 

control programs (FMVCP), etc. Because 

these programs will remain in place, 

emission levels, and therefore ozone 

levels, would not be expected to 

increase significantly between 2018 and 

2020. Given that projected emissions 

and modeled ozone levels continue to 

decrease substantially through 2018, it 

is reasonable to infer that a 2020 

modeling run would also show levels 

well below the 1997 8-hour ozone 

standard. 

As part of its maintenance plan, the 

State elected to include a ‘‘safety 

margin’’ for the area. 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 

which continues to demonstrate 

attainment of the standard. The 

attainment level of emissions is the 

level of emissions during one of the 

years in which the area met the NAAQS. 

The Cleveland-Akron-Lorain area 

attained the 8-hour ozone NAAQS 

during the 2006–2008 time period. Ohio 

used 2006 as the attainment level of 

emissions for the area. In the 

maintenance plan, Ohio EPA projected 

emission levels for 2020. For the 

Cleveland-Akron-Lorain area, the 

emissions from point, area, nonroad, 

and mobile sources in 2006 equaled 

296.85 tpd of VOC. Ohio EPA projected 

VOC emissions for the year 2020 to be 

212.01 tpd of VOC. The SIP submission 

demonstrates that the Cleveland-AkronLorain area will continue to maintain 

the standard with emissions at this 

level. The safety margin for VOC is 

calculated to be the difference between 

these amounts or, in this case, 84.946 

tpd of VOC for 2020. By this same 

method, 186.68 tpd (i.e., 369.90 tpd less 

183.22 tpd) is the safety margin for NOX

for 2020. The safety margin, or a portion 

thereof, can be allocated to any of the 

source categories, as long as the total 

attainment level of emissions is 

maintained. 

d. Monitoring Network. 

Ohio currently operates eleven ozone 

monitors in the Cleveland-Akron-Lorain 

area. Ohio EPA has committed to 

continue to operate these ozone 

monitors. Further, Ohio EPA commits to 

consult with EPA prior to making 

changes to the existing monitoring 

network, should changes become 

necessary in the future. Ohio EPA 

remains obligated to continue to quality 

assure monitoring data in accordance 

with 40 CFR part 58 and enter all data 

into the Air Quality System in 

accordance with Federal guidelines. 

e. Verification of Continued 

Attainment. 

Continued attainment of the ozone 

NAAQS in the Cleveland-Akron-Lorain 

area depends, in part, on the State’s 

efforts toward tracking indicators of 

continued attainment during the 

maintenance period. Ohio’s plan for 

verifying continued attainment of the 8- 

hour standard in the Cleveland-AkronLorain area consists of plans to continue 

ambient ozone monitoring in 

accordance with the requirements of 40 

CFR part 58. Ohio EPA will also 

continue to develop and submit 

periodic emission inventories as 

required by the Federal Consolidated 

Emissions Reporting Rule (67 FR 39602, 

June 10, 2002) to track future levels of 

emissions. 

f. Contingency Plan. 

The contingency plan provisions are 

designed to promptly correct or prevent 

a violation of the NAAQS that might 

occur after redesignation of an area to 

attainment. Section 175A of the CAA 

requires that a maintenance plan 

include such contingency measures as 

EPA deems necessary to assure that the 

State will promptly correct a violation 

of the NAAQS that occurs after 

redesignation. The maintenance plan 

should identify the contingency 

measures to be adopted, a schedule and 

procedure for adoption and 

implementation of the contingency 

measures, 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 adopted and 

implemented. The maintenance plan 

must include a requirement that the 

State will implement all measures with 

respect to control of the pollutant(s) that 

were contained in the SIP before 

redesignation of the area to attainment. 

See section 175A(d) of the CAA. 

As required by section 175A of the 

CAA, Ohio has adopted a contingency 

plan for the Cleveland-Akron-Lorain 

area to address possible future ozone air 

quality problems. The contingency plan 

adopted by Ohio has two levels of 

response, depending on whether a 

violation of the 8-hour ozone standard 

is only threatened (warning level 

response) or has occurred (action level 

response). 

A warning level response will be 

triggered when an annual fourth high 

monitored value of 0.088 ppm or higher 

is monitored within the maintenance 

area. A warning level response will 

consist of Ohio EPA 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. 

An action level response will be 

triggered when a two-year average 

fourth high value of 0.085 ppm is 

monitored within the maintenance area. 

A violation of the standard (a three-year 

average of the annual fourth-highest 

daily maximum 8-hour average ozone 

concentration of 0.085 ppm or greater) 

also triggers an action level response. 

When an action level response is 

triggered, Ohio EPA will determine 

what additional control measures are 

needed to assure future attainment of 

the ozone standard. Control measures 

selected will be implemented within 18 

months from the close of the ozone 

season that prompted the action level. 

Ohio EPA will also consider if 

significant new regulations not 

currently included as part of the 

maintenance provisions will be 

implemented in a timely manner and 

would thus constitute a response. 

Ohio EPA included the following list 

of potential contingency measures in the 

maintenance plan: 

i. Lower Reid vapor pressure gasoline 

program; 

ii. Tighten RACT on existing sources 

covered by CTGs issued in response to 

the 1990 CAA; 

iii. One or more transportation control 

measures sufficient to achieve at least 

half a percent reduction in actual area 

wide VOC emissions; 

iv. Alternative fuel and diesel retrofit 

programs for fleet vehicle operations; 

v. Require VOC or NOX emission 

offsets for new and modified major 

sources; 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27969 

vi. Require VOC or NOX emission 

offsets for new and modified minor 

sources; 

vii. Increase the ratio of emission 

offsets required for new sources; 

viii. Require VOC or NOX controls on 

new minor sources (less than 100 tpy); 

and 

ix. Adopt NOX RACT for existing 

combustion sources. 

g. Provisions for Future Updates of the 

Ozone Maintenance Plan. 

As required by section 175A(b) of the 

CAA, Ohio commits to submit to the 

EPA an updated ozone maintenance 

plan eight years after redesignation of 

the Cleveland-Akron-Lorain area to 

cover an additional ten-year period 

beyond the initial ten-year maintenance 

period. As required by section 175(A) of 

the CAA, Ohio has committed to retain 

the VOC and NOX control measures 

contained in the SIP prior to 

redesignation. 

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. The maintenance 

plan SIP revision submitted by Ohio for 

the Cleveland-Akron-Lorain area meets 

the requirements of section 175A of the 

CAA. 

B. Adequacy of Ohio’s MVEBs 

1. How Are MVEBs Developed and 

What Are the MVEBs for the ClevelandAkron-Lorain Area? 

Under the CAA, States are required to 

submit, at various times, control strategy 

SIP revisions and ozone maintenance 

plans for ozone nonattainment areas and 

for areas seeking redesignations to 

attainment of the ozone standard. These 

emission control strategy SIP revisions 

(e.g., reasonable further progress SIP 

and attainment demonstration SIP 

revisions) and ozone maintenance plans 

create MVEBs based on onroad mobile 

source emissions for criteria pollutants 

and/or their precursors to address 

pollution from cars and trucks. The 

MVEBs are the portions 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. 

Under 40 CFR part 93, a MVEB for an 

area seeking a redesignation to 

attainment is established for the last 

year of the maintenance plan. 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. 

Under section 176(c) of the CAA, new 

transportation projects, such as the 

construction of new highways, must 

‘‘conform’’ to (i.e., be consistent with) 

the part of the SIP that addresses 

emissions from cars and trucks. 

Conformity to the SIP means that 

transportation activities will not cause 

new air quality violations, worsen 

existing air quality violations, or delay 

timely attainment of the NAAQS. If a 

transportation plan does not conform, 

most new transportation projects that 

would expand the capacity of roadways 

cannot go forward. Regulations at 40 

CFR part 93 set forth EPA policy, 

criteria, and procedures for 

demonstrating and assuring conformity 

of such transportation activities to a SIP. 

When reviewing SIP revisions 

containing MVEBs, including 

attainment strategies, rate-of-progress 

plans, and maintenance plans, EPA 

must affirmatively find that the MVEBs 

are ‘‘adequate’’ for use in determining 

transportation conformity. Once EPA 

affirmatively finds the submitted 

MVEBs to be adequate for transportation 

conformity purposes, the MVEBs are 

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 the adequacy of MVEBs are 

set out in 40 CFR 93.118(e)(4). 

EPA’s process for determining 

adequacy of a MVEB consists of three 

basic steps: (1) Providing public 

notification of a SIP submission; (2) 

providing the public the opportunity to 

comment on the MVEB during a public 

comment period; and (3) EPA’s finding 

of adequacy. The process of determining 

the adequacy of submitted SIP MVEBs 

was initially outlined in EPA’s May 14, 

1999, guidance, ‘‘Conformity Guidance 

on Implementation of March 2, 1999, 

Conformity Court Decision.’’ This 

guidance was codified in the 

Transportation Conformity Rule 

Amendments for the ‘‘New 8-Hour 

Ozone and PM 2.5 National Ambient 

Air Quality Standards and 

Miscellaneous Revisions for Existing 

Areas; Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change,’’ 

published on July 1, 2004 (69 FR 

40004). EPA follows this guidance and 

rulemaking in making its adequacy 

determinations. 

The Cleveland-Akron-Lorain area’s 

maintenance plan contains new VOC 

and NOX MVEBs for the years 2012 and 

2020. The availability of the SIP 

submission with these 2012 and 2020 

MVEBs was announced for public 

comment on EPA’s Adequacy Web site 

on February 18, 2009 at: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/currsips.htm. The EPA public 

comment period on adequacy of the 

2012 and 2020 MVEBs for the 

Cleveland-Akron-Lorain area closed on 

March 20, 2009. No requests for this 

submittal or adverse comments on the 

submittal were received during the 

adequacy comment period. In a letter 

dated March 30, 2009, EPA informed 

Ohio EPA that we had found the 2012 

and 2020 MVEBs to be adequate for use 

in transportation conformity analyses. 

EPA, through this rulemaking, is 

proposing to approve the MVEBs for use 

to determine transportation conformity 

in the Cleveland-Akron-Lorain area 

because EPA has determined that the 

area can maintain attainment of the 8- 

hour ozone NAAQS for the relevant 

maintenance period with mobile source 

emissions at the levels of the MVEBs. 

Ohio EPA has determined the 2012 

MVEBs for the Cleveland-Akron-Lorain 

area to be 46.64 tpd for VOC and 95.89 

tpd for NOX. Ohio EPA has determined 

the 2020 MVEBs for the area to be 31.48 

tpd for VOC and 42.75 tpd for NOX. 

These MVEBs are consistent with the 

onroad mobile source VOC and NOX

emissions projected by Ohio EPA for 

2012 and 2020, as summarized in Table 

6 above. Ohio has demonstrated that the 

Cleveland-Akron-Lorain area can 

maintain the 8-hour ozone NAAQS with 

mobile source emissions of 46.64 tpd 

and 31.48 tpd of VOC and 95.89 tpd and 

42.75 tpd of NOX in 2012 and 2020, 

respectively, since emissions will 

remain under attainment year emission 

levels. 

2. 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 6, the Cleveland-AkronLorain area emissions are projected to 

have safety margins of 70.19 tpd for 

VOC and 114.12 tpd for NOX in 2012 

(the difference between the attainment 

year, 2006, emissions and the projected 

2012 emissions for all sources in the 

Cleveland-Akron-Lorain area). For 2020, 

the Cleveland-Akron-Lorain area 

emissions are projected to have safety 

margins of 84.94 tpd for VOC and 

186.68 tpd for NOX. Even if emissions 

reached the full level of the safety 

27970 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

margin, the counties would still 

demonstrate maintenance since 

emission levels would equal those in 

the attainment year. 

The MVEBs requested by Ohio EPA 

contain safety margins for mobile 

sources smaller than the allowable 

safety margins reflected in the total 

emissions for the Cleveland-AkronLorain area. The State is not requesting 

allocation of the entire available safety 

margins reflected in the demonstration 

of maintenance. Therefore, even though 

the State is requesting MVEBs that 

exceed the projected onroad mobile 

source emissions for 2012 and 2020 

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. 

C. 2002 Base Year Emissions Inventory 

As discussed above, section 182(a)(1) 

of the CAA requires areas classified as 

marginal and above to submit a base 

year emissions inventory. As part of 

Ohio’s redesignation request for the 

Cleveland-Akron-Lorain area, the State 

submitted a 2002 base year emissions 

inventory. This inventory is discussed 

above and summarized in Table 3. EPA 

is proposing to approve this 2002 base 

year inventory as meeting the section 

182(a)(1) emissions inventory 

requirement. 

D. 15% ROP Plan 

On June 15, 2007, and February 22, 

2008, Ohio EPA submitted an 

attainment demonstration and 

reasonable further progress plans for the 

Cleveland-Akron-Lorain area as 

required by section 182(b)(1) of the 

CAA. In those submittals, Ohio EPA 

requested that EPA act on the 15% ROP 

plan that was originally submitted by 

Ohio to meet section 182(b)(1) 

requirements under the 1-hour ozone 

standard. The 1-hour ozone 15% ROP 

plan was originally submitted on March 

14, 1994, and supplemented on June 9, 

1995. Because the area subsequently 

attained the 1-hour ozone standard, EPA 

redesignated the area on May 7, 1996 

and did not take action on the 15% ROP 

plan. 

As discussed in greater detail below, 

EPA has evaluated Ohio’s 15% ROP 

plan and has found it to be consistent 

with section 182(b)(1) of the CAA and 

EPA policy documents. Therefore, we 

are proposing to approve Ohio’s 15% 

plan as meeting the 182(b)(1) 

requirements for the Cleveland-AkronLorain area under the 1-hour ozone 

standard. Approval of Ohio’s 1-hour 

ozone 15% ROP plan is not required for 

purposes of the 8-hour redesignation. 

However, because the plan meets the 

requirements of the CAA and may be 

helpful in future implementation of 

ozone standards, we are acting on the 

State’s request to approve this plan. 

1. Review Criteria 

Section 182(b)(1) of the CAA requires 

that the ROP plan provide for a 15% 

reduction from baseline VOC emissions 

in the ozone nonattainment area, 

accounting for any growth in emissions 

after 1990. This emission reduction 

must be achieved within six years after 

the date of the enactment of the 1990 

Clean Air Act revisions (by November 

15, 1996). 

The CAA defines the baseline 

emissions to be the total amount of 

actual VOC emissions from all 

anthropogenic sources in the area 

during the calendar year of 1990, 

excluding emissions that would be 

eliminated under Federal Motor Vehicle 

Control Program (FMVCP) measures 

promulgated by the EPA by January 1, 

1990, and any gasoline Reid Vapor 

Pressure (RVP) regulations promulgated 

by EPA by November 15, 1990, or 

required to be promulgated under 

section 211 of the CAA. 

Section 182(b)(1) of the CAA allows 

emission reductions to be creditable 

except for the RVP and FMVCP 

emission reductions mentioned above, 

any emission reductions from measures 

resulting from EPA-required corrections 

to motor vehicle Inspection and 

Maintenance (I/M) programs required to 

be submitted immediately after 

enactment of the 1990 Clean Air Act 

revisions, and emission reductions 

resulting from EPA-required corrections 

to the State VOC RACT rules that were 

required by section 182(a)(2)(A) of the 

CAA concerning RACT fix-up 

requirements. In general, VOC emission 

reductions are creditable toward the 

ROP emission reduction requirement to 

the extent that they have actually 

occurred, as of six years after November 

15, 1990, resulting from the 

implementation of measures required 

under the applicable implementation 

plan, rules promulgated by the 

Administrator (EPA), or a permit issued 

under Title V of the CAA. 

2. Review of the 15% VOC-Only ROP 

Plan for the Cleveland-Akron-Lorain, 

OH 1-Hour Ozone Nonattainment Area 

a. Calculation of the Adjusted Base 

Year Inventory. 

The CAA specifies the emission 

baseline from which the 15% VOC-only 

reduction is calculated. This baseline 

value is termed the 1990 adjusted base 

year inventory. Section 182(b)(1)(D) of 

the CAA excludes from the baseline the 

emissions that would be eliminated by 

FMVCP regulations promulgated by 

January 1, 1990, and RVP regulations 

(55 FR 23666, June 11, 1990) 

promulgated by EPA prior to November 

15, 1990. 

The adjusted base year inventory is 

determined by starting with the 1990 

base year emission inventory, and then 

removing all biogenic emissions as well 

as emissions from sources located 

outside of the designated nonattainment 

boundary. (The 1990 base year 

emissions inventory was submitted to 

the EPA on March 14, 1994, at the same 

time that the 15% VOC-only ROP plan 

was submitted for the Cleveland-AkronLorain, OH 1-hour ozone nonattainment 

area.) The resulting inventory is termed 

the 1990 ROP base year inventory. The 

1990 ROP base year inventory is then 

adjusted by removing the expected 

FMVCP and RVP reductions to derive 

the adjusted base year inventory. These 

calculations are summarized in Table 7, 

below, and result in an adjusted base 

year inventory of 366.97 tpd VOC. 

b. Required VOC Emission 

Reductions. 

The 1990 adjusted base year inventory 

is multiplied by 0.15 to calculate 15% 

of the adjusted base year emissions. 

Therefore, to meet the ROP requirement, 

Ohio’s plan must provide for at least a 

55.05 tpd reduction in VOC emissions 

(366.97 tpd VOC multiplied by 0.15), in 

addition to the reduction needed to 

offset growth. 

As noted above, under section 

182(b)(1)(D) of the CAA, the following 

reductions are not creditable toward the 

ROP reductions: (1) FMVCP regulations 

promulgated by January 1, 1990; (2) RVP 

regulations promulgated by EPA before 

enactment of the 1990 Clean Air Act 

Amendments; (3) certain corrections to 

VOC RACT rules and; (4) corrections to 

basic automobile I/M programs. Thus, 

the total expected reductions are 

comprised of the reductions necessary 

to meet the ROP requirement and the 

expected emissions reductions from the 

four noncreditable programs. The total 

expected emissions reductions are 

171.87 tpd VOC (55.05 tpd + 109.06 tpd 

FMVCP & RVP reductions + 7.76 tpd 

RACT & I/M corrections reductions). 

The amount of reduction necessary to 

meet the contingency plan requirement 

is 3% of the adjusted base year 

inventory. Therefore, to meet the 

contingency requirement, the State’s 

plan must provide for at least 11.01 tpd 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27971 

reduction in VOC emissions (366.97 tpd 

VOC multiplied by 0.03). The 1996 

target level of VOC emissions is 304.16 

tpd, the 1990 ROP base year inventory 

minus the total expected emission 

reductions (476.03 tpd¥171.87 tpd). 

c. Projected Emission Inventory. 

Emission projections are needed to 

determine if the ROP requirements in 

the CAA are met. Growth factors are not 

included in the calculations of the 1990 

adjusted base year inventory or the 1996 

target level of emissions. Growth factors 

are needed, however, to project 

emissions to 1996 for the ROP 

demonstration as part of the ROP plan. 

Ohio calculated point source 

emissions growth based on earnings 

data obtained from the Bureau of 

Economic Analysis. Area source 

emissions were projected based on 

population, industrial employment, and 

State gasoline consumption growth. For 

mobile source emissions, a travel 

demand model was run to estimate 1996 

VMT. Total 1996 VOC emissions 

including growth were estimated to be 

373.00 tpd. 

d. Total VOC Emission Reductions 

Necessary To Meet the 15% VOC-Only 

ROP Requirement. 

The required VOC emissions 

reduction to meet the 15% ROP 

requirements is 68.84 tpd. This is the 

difference between the projected 1996 

emissions with growth and no 

additional controls, and the 1996 target 

level of emissions (373.00 tpd 

VOC¥304.16 tpd VOC). 

Provided in Table 9 is a summary of 

the results of the emissions calculations 

used to determine the required 15% 

VOC-only ROP plan reductions. 

TABLE 9—SUMMARY OF CALCULATIONS USED TO DETERMINE THE VOC REDUCTIONS NEEDED BY 1996 FOR THE

CLEVELAND-AKRON-LORAIN AREA TO MEET THE 15% VOC-ONLY ROP REDUCTION REQUIREMENT

VOC 

emissions 

(tpd) 

1990 Base Year Emissions Inventory ................................................................................................................................................. 681.00 

1990 ROP Base Year Emissions Inventory (nonattainment area anthropogenic only) ...................................................................... 476.03 

Noncreditable Emission Reductions from FMVCP and RVP .............................................................................................................. 109.06 

1990 Adjusted Base Year Inventory (1990 ROP Base Year Inventory minus RVP and FMVCP) .................................................... 366.97 

15% of Adjusted Base Year Emissions ............................................................................................................................................... 55.05 

Noncreditable Emission Reductions from Corrections to VOC RACT Rules and the Basic I/M Program ......................................... 7.76 

Total Expected Emission Reductions by 1996 (FMVCP & RVP + 15% + RACT & I/M corrections) ................................................. 171.87 

1996 Target Level of Emissions (1990 ROP Base Year Inventory minus total expected emission reductions by 1996) ................. 304.16 

Estimated 1996 Emissions (Anthropogenic), including growth ........................................................................................................... 373.00 

Required Reductions by 1996 to Meet the 15% ROP Requirements (Estimated 1996 emissions minus 1996 target level of emissions) ................................................................................................................................................................................................ 68.84 

3% Contingency Plan Reduction ......................................................................................................................................................... 11.01 

e. Control Measures. 

The control measures adopted by 

Ohio to achieve a 69.77 tpd reduction in 

VOC emissions are listed in Table 10, 

below. The table does not include any 

Federal measures used to reduce the 

mobile source emissions. These 

reductions are already accounted for in 

the MOBILE5a emissions model that, in 

combination with the projected VMT for 

the area, was used to estimate the future 

emissions for the area. 

TABLE 10—SUMMARY OF CONTROL MEASURES SELECTED BY THE STATE TO ACHIEVE THE 15% VOC-ONLY ROP 

REDUCTIONS FOR THE CLEVELAND-AKRON-LORAIN AREA

Control measure used to meet ROP 

VOC 

emissions 

reductions 

(tpd) 

Stage II gasoline vapor recovery ....................................................................................................................................................... 8 .43 

Enhanced I/M ..................................................................................................................................................................................... 37 .92 

NESHAP ............................................................................................................................................................................................ 3 .42 

Enforcement cases ............................................................................................................................................................................ 9 .79 

Architectural coatings ........................................................................................................................................................................ 6 .7 

Removal of 100 ton per year cutoff ................................................................................................................................................... 0 .69 

Transportation control measures ....................................................................................................................................................... 2 .82 

Total Emission Reductions ......................................................................................................................................................... 69 .77 

Contingency Emissions Reduction (lower RVP fuel) ........................................................................................................................ 13 .03 

Overall, Ohio’s ROP plan provides for 

a 69.77 tpd VOC emissions reduction, 

which meets the ROP requirements. The 

contingency plan provides for the 

necessary 3% emission reduction. 

E. Section 182(f) NOX Exemption 

Section 182(f) establishes NOX

emission control requirements for ozone 

nonattainment areas. It provides that 

these emission control requirements, 

however, do not apply to an area if the 

Administrator determines that NOX

emission reductions would not 

contribute to attainment of the ozone 

standard. EPA’s January 2005 

document, ‘‘Guidance on Limiting 

Nitrogen Oxides Requirements Related 

to 8-Hour Ozone Implementation,’’ 

provides guidance for demonstrating 

that further NOX reduction in an ozone 

nonattainment area will not contribute 

to ozone attainment. The guidance 

provides that three consecutive years of 

monitoring data showing attainment of 

27972 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

the standard without implementation of 

section 182(f) NOX provisions is 

adequate to demonstrate that 

‘‘additional reductions of oxides of 

nitrogen would not contribute to 

attainment * * *.’’ CAA section 

182(f)(1)(A). As described in the 

guidance document, approval of this 

type of NOX exemption is contingent on 

continued monitored attainment of the 

standard. 

On March 17, 2009, Ohio submitted a 

request for a waiver from the section 

182(f) NOX requirements for the 

Cleveland-Akron-Lorain area based on 

monitoring data for the years 2006–2008 

showing attainment of the 8-hour ozone 

standard in the area. Based on these 

data, EPA is proposing to approve 

Ohio’s request for an exemption from 

the section 182(f) NOX requirements in 

the Cleveland-Akron-Lorain area. Upon 

final approval of the NOX waiver, the 

Ohio EPA will not be required to adopt 

and implement NOX emission control 

regulations pursuant section 182(f) for 

Cleveland-Akron-Lorain area to qualify 

for redesignation. The waiver request 

notwithstanding, Ohio EPA submitted 

NOX RACT rules to EPA on January 3, 

2008, and has included NOX RACT in 

the list of contingency measures in the 

maintenance plan for the area. 

Furthermore, as discussed in section 

III.A. of this rule, EPA promulgated a 

tightened ozone standard on March 27, 

2008. Ohio has recommended that the 

Cleveland-Akron-Lorain area be 

designated nonattainment for this 

standard. Although EPA is proposing to 

determine that NOX reductions would 

not contribute to attainment of the 1997 

ozone standard because the area already 

attains that standard, EPA believes that 

NOX reductions may contribute to 

attainment of the 2008 standards. 

Indeed, while EPA proposes that Ohio 

need not adopt NOX RACT rules as a 

prerequisite for redesignation with 

respect to the 1997 standards, it would 

not prevent EPA in the future from 

determining that NOX RACT rules 

should be required in this area with 

respect to the 2008 standards. 

VII. What Action Is EPA Taking? 

EPA is proposing to make a 

determination that the ClevelandAkron-Lorain area has attained the 8- 

hour ozone NAAQS. EPA is also 

proposing to approve the maintenance 

plan SIP revision for the ClevelandAkron-Lorain area. EPA’s proposed 

approval of the maintenance plan is 

based on Ohio’s demonstration that the 

plan meets the requirements of section 

175A of the CAA, as described more 

fully above. After evaluating Ohio’s 

redesignation request, EPA has 

determined that it meets the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA. Therefore, EPA 

is proposing to approve the 

redesignation of the Cleveland-AkronLorain area from nonattainment to 

attainment for the 8-hour ozone 

NAAQS. The final approval of this 

redesignation request would change the 

official designation for the ClevelandAkron-Lorain area from nonattainment 

to attainment for the 8-hour ozone 

standard. EPA is also proposing to 

approve the 2002 base year emissions 

inventory for the Cleveland-AkronLorain area as meeting the requirements 

of section 182(a)(1) of the CAA. EPA is 

proposing to approve a waiver from the 

section 182(f) NOX emission control 

requirements in the Cleveland-AkronLorain area. EPA is also proposing to 

approve Ohio’s 15% ROP plan as 

meeting the requirements of section 

182(b)(1) of the CAA for the 1-hour 

ozone standard. If EPA’s determination 

of attainment is finalized, pursuant to 

40 CFR 51.918, certain SIP planning 

requirements related to attainment (the 

RACM requirement of section 172(c)(1) 

of the CAA, the RFP and attainment 

demonstration requirements of sections 

172(c)(2) and (6) and 182(b)(1) of the 

CAA, and the requirement for 

contingency measures of section 

172(c)(9) of the CAA) are not applicable 

to the area as long as it continues to 

attain the NAAQS. (These requirements 

would cease to apply upon 

redesignation.) Finally, EPA is 

proposing to approve the newlyestablished 2012 and 2020 MVEBs for 

the Cleveland-Akron-Lorain area. 

VIII. 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Volatile organic compounds. 

40 CFR Part 81 

Air pollution control, Environmental 

protection, National parks, Wilderness 

areas. 

Dated: June 4, 2009. 

Walter W. Kovalick, Jr., 

Acting Regional Administrator, Region 5. 

[FR Doc. E9–13853 Filed 6–11–09; 8:45 am] 

BILLING CODE 6560–50–P