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60 FR 22337
| Summary of VOC Emissions (tons/day) | ||||||
|---|---|---|---|---|---|---|
| 1990 Base | 1993 Attain | 1996 Proj. | 1999 Proj. | 2002 Proj. | 2005 Proj. | |
| Point | 70.9 | 72.8 | 74.9 | 77.0 | 79.2 | 81.4 |
| Area | 69.0 | 69.8 | 70.7 | 71.4 | 72.3 | 73.1 |
| Mobile | 125.8 | 85.3 | 67.1 | 49.6 | 41.6 | 36.8 |
| Totals | 265.7 | 227.9 | 212.7 | 198.0 | 193.1 | 191.3 |
| Summary of CO Emissions (tons/day) | ||||||
| Point | 88.6 | 88.5 | 88.3 | 88.2 | 88.1 | 87.9 |
| Area | 319.4 | 323.8 | 328.6 | 333.4 | 338.6 | 343.8 |
| Mobile | 793.2 | 629.5 | 529.0 | 325.7 | 263.9 | 226.0 |
| Totals | 1201.2 | 1041.8 | 945.9 | 747.3 | 690.6 | 657.7 |
| Summary of NOx Emissions (tons/day) | ||||||
| Point | 280.0 | 279.4 | 279.0 | 278.6 | 278.3 | 277.6 |
| Area | 29.8 | 30.3 | 30.9 | 31.4 | 32.1 | 32.2 |
| Mobile | 130.7 | 115.6 | 101.3 | 84.4 | 72.0 | 65.5 |
| Totals | 440.5 | 425.3 | 411.2 | 394.4 | 382.4 | 375.3 |
The OEPA is revising the base year emission inventory numbers in response to comments made by USEPA. Although the revisions will change the base year and projected year emission totals, the changes are not expected to affect the results of the maintenance demonstration. The revised base year, attainment year, and projected emissions will be presented in the final rule.
Emission Projections
Projections of stationary source emissions through year 2005 were developed based on data provided by the Bureau of Economic Analysis (BEA), United States Department of Commerce, showing manufacturing earnings by industry. An annual growth factor was derived from this data and that growth factor was used to determine future year inventories. The base year inventory was developed through reports submitted by facilities with actual combined VOC emissions of 10 tons per year or more. The 1990 base year inventory reflects tons per typical summer day emissions as well as an 80 percent rule effectiveness assumption.
The area source emissions inventory includes sources too small to be handled individually in the point source inventory. The emissions in the area source inventory were reported in tons per typical summer day.
Projections of area source emissions for most source categories was based on population data supplied by the Ohio Data Users Center: Ohio Department of Development. Some source categories (such as degreasing operations, construction and industrial equipment, and auto painting/traffic lines) used industrial employment, from BEA data, as the growth indicator. State gasoline consumption was used as a growth indicator to project emissions from gasoline distribution.
Mobile source emissions inventories were generated by applying the emissions factors from USEPA's Mobile5A emissions model to the projected Vehicle Miles Travelled (VMT) in the Cincinnati area counties. The VMTs for the 1990 base year were based on the TRANPLAN model, which utilizes actual traffic counting. Forecasts of VMTs to the year 2005 relied on the development of future highway networks, future forecasts of socio-economic data, and travel patterns in the Cincinnati area. VMTs are projected to increase 17 percent by the year 2005 from the 1990 base year. The VOC and NOx emissions projected for the year 2005 in the table presented earlier are for purposes of transportation conformity.
Runs of Mobile5A for the years 1990, 1993, 1996, 2000, and 2005 were conducted using the following input file categories: hourly temperature data, hourly hot/cold start percentage by roadway type, hourly vehicle mix by roadway type, hourly directional splits by roadway type, summer factors by roadway type, and speed by roadway type. Several programs account for the significant reductions in mobile emissions predicted through the year 2005. These programs, which are Federally approved or in the process of being approved, include the enhanced inspection and maintenance, State II vapor recover, on-board vapor recovery, FMVCP, and lower fuel volatility. Incorporation of enhanced inspection and maintenance into the Mobile5A modeling is initiated in 1996. The Stage II vapor recovery system (VRS) is fully implemented in 1995, while the on-board vapor recovery system begins in 1998. The on-board vapor recovery system applies to the four possible vehicle types; light duty gas, light duty truck 1 and 2, and heavy duty gas.
Monitoring Network.
There are currently eleven monitors measuring ozone in the Cincinnati area, as described above. Three are operated by the State of Kentucky. Seven of the eight monitors located in the Cincinnati area are operated by the Cincinnati Department of Environmental Services. The remaining monitor is operated by the Southwest District Office of the OEPA. The Cincinnati Department of Environmental Services has committed to continue operating and maintaining its ozone monitoring network consistent with the Federal and State monitoring guidelines in order to continue to verify the attainment status of the area.
Contingency Plan
The contingency plan for the Cincinnati area contains three major components: Attainment tracking, contingency measures to be implemented in the event that a violation of the ozone NAAQS occurs in the Ohio/Kentucky Cincinnati region, and a mechanism with which to trigger the implementation of the contingency measures.
Two methods of attainment tracking will be utilized: (1) air quality monitoring using the existing ozone monitoring network, and (2) inventory updates on a regular schedule. Stationary, mobile, and area source inventories will be updated at a minimum of once every three years beginning with 1996. Area emission inventories will be updated using revised census data. Mobile source emission inventories will be updated using new VMT estimates and any new USEPA mobile emission models. Annual progress reports will summarize available VOC emissions data.
The contingency measures to be considered for implementation are listed below.
1. Lower Reid Vapor Pressure for gasoline
2. Reformulated gasoline program
3. Broader geographic coverage of existing regulations
4. Application of RACT on sources covered by new control technology guidelines issued in response to the 1990 Act Amendments
5. Application of RACT to smaller existing sources
6. Implementation of one or more transportation control measures sufficient to achieve at least a 0.5 percent reduction in actual areawide VOC emissions. The transportation control measures to be considered would include: (1) Trip reductions programs, including but not limited to employer-based transportation management programs, areawide rideshare programs, work schedule change, and telecommuting; (2) transit improvements; (3) traffic flow improvements; and (4) other measures
7. Alternative fuel programs for fleet vehicle operations
8. Controls on consumer products consistent with those adopted elsewhere in the United States
9. VOC offsets for new or modified major sources
10. VOC offsets for new or modified minor sources
11. Increased ratio of VOC offsets required for new sources
12. Requirement of VOC controls on new minor sources.
Selection of one or more of the contingency measures will be based on various considerations including cost-effectiveness, VOC reduction potential, economic and social consideration, and other factors the State determines to be appropriate.
Consideration and selection of one or more of the contingency measures will take place in the event the ozone NAAQS is violated. Initially, the State will conduct an analysis to determine the level of control measures needed to asssure expedient future attainment. If a subsequent violation of the ozone NAAQS occurs after implementation of the VOC control measures, NOx RACT will be activated. Contingency measures will be implemented according to the following schedule:
Activity Completion time after triggering event
Verify a violation has occurred. 1 month.
Identify VOC plan and submit schedule for implementation. 3 months.
Implement VOC control program. 12 months.
Completion time second triggering event/post VOC control plan
Verify a violation has occurred. 1 month.
Submit schedule for implementation of NOx RACT. 3 months.
Implement NOx RACT. 18 months.
Reformulated gasoline and low RVP gasoline would not be able to be implemented as contingency measures by the State of Ohio unless the State first requested and received from USEPA a waiver of federal preemption under section 211(c)(4) of the CAA. However, in light of the State's listing of other potential contingency measures nd the State's commitment to implement contingency measures within 12 months of a violation, the identification of reformulated gasoline and low RVP gasoline does not detract from the approvability of the contingency plan.
The Ohio submittal adequately addresses the five basic components which comprise a maintenance plan (attainment inventory, maintenance demonstration, monitoring network, verification of continued attainment, and a contingency plan) and therefore, satisfies the maintenance plan requirement in section 107(d)(3)(E)(iv).
E. The Area Must Have Met All Applicable Requirements Under Section 110 and Part D
Section 107(d)(3)(E) requires that, for an area to be redesignated, an area must have met all applicable requirements under section 110 and Part D. The USEPA interprets section 107(d)(3)(E)(v) to mean that for a redesignation to be approved, the State must have met all requirements that applied to the subject area prior to or at the time of the submission of a complete redesignation request. Requirements of the Act that come due subsequently continue to be applicable to the area at those later dates (see section 175A(c)) and, if the redesignation of the area is disapproved, the State remains obligated to fulfill those requirements.
Section 110: General Requirements for Implementation Plans
Section 110(a)(2) of Title I of the CAAA lists the elements to be included in each SIP after adoption by the State and reasonable notice and public hearing. The elements include, but are not limited to, provisions for establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor ambient air quality; implementation of a permit program, provisions for Part C (PSD) and D (NSR) permit programs, criteria for stationary source emission control measures, monitoring, and reporting, provisions for modeling, and provisions for public and local agency participation. For purposes of redesignation, the Cincinnati area SIP was reviewed to ensure that all requirements under the amended Act were satisfied. USEPA has determined that the Cincinnati area SIP is consistent with the requirements of section 110 of the amended Act.
Part D: General Provisions for Nonattainment Areas
Before the Cincinnati area may be redesignated to attainment, it must have fulfilled the applicable requirements of part D. Under part D, an area's classification determines the requirements to which it is subject. Subpart 1 of part D sets forth the basic nonattainment requirements applicable to all nonattainment areas. Subpart 2 of part D establishes additional requirements for nonattainment areas classified under table 1 of section 181(a). As described in the General Preamble for the Implementation of Title 1, specific requirements of subpart 2 may override subpart 1's general provisions (57 FR 13501 (April 16, 1992)). The Cincinnati area was classified as moderate. Therefore, in order to be redesignated, the State must meet the applicable requirements of subpart 1 of part D-specifically sections 172(c) and 176, as well as the applicable requirements of subpart 2 of part D.
Section 172(c) Requirements
The State redesignation request for Cincinnati has satisfied all of the relevant submittal requirements under section 172(c) necessary for the area to be redesignated to attainment. Some components have not yet completed regulatory review. Approval of all required SIP revisions is necessary before the redesignation request can be approved. The reasonable further progress (RFP) requirement under section 172(c)(2) is defined as progress that must be made toward attainment. This requirement is not relevant because the Cincinnati area has already demonstrated monitored attainment of the ozone NAAQS.
Section 172(c)(3) requires submission and approval of a comprehensive, accurate, and current inventory of actual emissions. The State has submitted such an inventory under section 182(a)(1). It is currently being reviewed for approvability.
Section 172(c)(5) requires permits for the construction and operation of new and modified major stationary sources anywhere in the nonattainment area. The USEPA has determined that areas being redesignated need not comply with the requirement that a New Source Review (NSR) program be approved prior to redesignation provided that the area demonstrates maintenance of the standard without part D NSR in effect. The 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". The State of Ohio has demonstrated that the Cincinnati area will be able to maintain the standard without part D NSR in effect, and, therefore, the State need not have a fully approved part D NSR program prior to approval of the redesignation request for Cincinnati. The State's Prevention of Significant Deterioration (PSD) program will become effective in the Cincinnati area upon redesignation to attainment.
Subpart 2 Section 182 Requirements
The Cincinnati area is classified moderate nonattainment; therefore, part D, subpart 2, section 182(b) requirements apply. In accordance with guidance presented in the Shapiro memorandum, the requirements which came due prior to the submission of the request to redesignate the Cincinnati area must be fully approved into the SIP before the request to redesignate the area to attainment can be approved. Those requirements are discussed below:
(a) 1990 Base Year Inventory
The 1990 base year emission inventory was due on November 15, 1992. It was submitted to USEPA on March 14, 1994. USEPA is currently reviewing the base year inventory.
(b) Emission Statements
The emission statements SIP was due on November 15, 1992. It was submitted to the USEPA on March 18, 1994. The USEPA approved this SIP revision through a direct final rulemaking action published on October 13, 1994 (59 FR 51863). This approval became effective on December 12, 1994.
(c) 15% Plan
The 15% Rate of Progress plan for VOC reductions was required to be submitted by November 15, 1993, and, therefore, is applicable to the Cincinnati Moderate Nonattainment area. The 15% plan was submitted to USEPA on March 14, 1994, and is currently under review. This plan must be approved before a redesignation to attainment can be finalized.
(d) RACT Requirements
SIP revisions requiring RACT for three classes of VOC sources are required under section 182(b)(2). The categories are:
(i) All sources covered by a CTG document issued between November 15, 1990 and the date of attainment. The USEPA has issued a CTG document in which it lists 11 CTG's that are planned to be issued in accordance with section 183. The USEPA has also promulgated a CTG document entitled "Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry", August 1993. However, the Cincinnati redesignation request was submitted before the November 15, 1994 (57 FR 18070), due date for RACT rule submission for the 11 CTG's and the March 23, 1995 (59 FR 13717), due date for the more recent CTG. Therefore, this requirement is not applicable.
(ii) All sources covered by a Control Technology Guideline (CTG) issued prior to November 15, 1990. The State has stated that it has adopted rules requiring RACT for sources for which a CTG has been issued.
(iii) All other major non-CTG stationary sources. The non-CTG rules were due by November 15, 1992, and apply to the Ohio submittal. The USEPA is currently reviewing non-CTG rules submitted by Ohio.
(e) Stage II Vapor Recovery
Section 182(b)(3) requires States to submit Stage II rules no later than November 15, 1992. The Ohio Stage II rules were submitted as a SIP revision on June 7, 1993. On October 20, 1994, the USEPA partially approved and partially disapproved Ohio's SIP revision for implementation of Stage II (58 FR 52911). As stated in that rulemaking action, with the exception of paragraph 3745-21-09 (DDD)(5), USEPA considers Ohio's Stage II program to fully satisfy the criteria set forth in the USEPA guidance document for such programs entitled "Enforcement Guidance for Stage II Vehicle Refueling Control Programs." Only those Stage II provisions previously approved by USEPA are part of the Cincinnati area maintenance plan.
The Shapiro Memorandum states that once onboard regulations (FMVCP) are promulgated, the Stage II regulations are no longer applicable for moderate ozone nonattainment areas. The USEPA promulgated onboard rules in February 1994; therefore, pursuant to section 202(a)(6) of the CAAA, Stage II is no longer required. However, the State has opted to include reductions in VOCs from the Stage II program as part of the maintenance plan and the 15% Rate of Progress plan.
(f) Vehicle Inspection and Maintenance (I/M)
The USEPA's final I/M regulations in 40 CFR Part 85 require the State to submit to the USEPA a fully adopted I/M program by November 15, 1993. Ohio submitted the I/M rules on May 26, 1994. USEPA published a direct final approval of the rules on April 4, 1995. If the notice is not withdrawn due to adverse comments, the rules will become effective on June 3, 1995.
The legislation authorizing the State to establish an I/M program also allows the option of implementation of an enhanced I/M program into an area's maintenance plan. The State is including enhanced I/M as a part of the maintenance plan and 15% plan for the counties of Butler, Clermont, Hamilton, and Warren. Consequently, approval of the Cincinnati area redesignation request is contingent upon USEPA final approval of the I/M regulation. A withdrawal of the direct final rulemaking for I/M would affect the approval of the Cincinnati redesignation.
(g) 1.15 to 1.0 Offset
Section 182(b)(5) requires all major new sources or modifications in a moderate nonattainment area to achieve offsetting reductions of VOCs at a ratio of at least 1.15 to 1.0. The Mary Nichols memorandum states, under certain circumstances, that areas being redesignated need not comply with the requirement that a NSR program be approved prior to redesignation. As the State has demonstrated that maintenance can be maintained without NSR offsets in effect, the State need not have a fully approved NSR program for the Cincinnati area to be redesignated. Upon redesignation to attainment, the sources will become subject to PSD requirements and offsets will no longer apply. Emissions will continue to be tracked on an annual basis.
(h) NOx Requirement
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. The Administrator has proposed such a determination for the Cincinnati nonattainment area as requested by the State of Ohio (60 FR 3361). If the NOx waiver is approved as a final rule, the State of Ohio need not impose the NOx control measures in section 182(f) for the Cincinnati area to be redesignated. However, if the NOx waiver is not approved, the NOx requirements must be met for the area to be redesignated from nonattainment to attainment. If a violation is monitored in the Cincinnati area (including the counties of Butler, Hamilton, Warren, Clermont, and Clinton in Ohio and Boone, Campbell, and Kenton in Kentucky), Ohio has committed to adopt and implement NOx RACT rules as a contingency measure to be implemented upon a violation of the ozone NAAQS which occurs after initial contingency measures are in place.
Review of Clinton County Redesignation Request
Clinton County, located to the northeast of the City of Cincinnati, is classified as a transitional area because it was designated nonattainment prior to enactment and did not have a monitored ozone violation between the period starting January 1, 1987 and ending December 31, 1989. The OEPA must demonstrate that the Clinton County portion of the submittal meets the five redesignation requirements specifically identified in Section 107(d)(3)(E). The requirements are listed below.
A. The Area Must Have Attained the Ozone NAAQS
Monitoring data was submitted for Clinton County for the years 1977 through 1994. The monitor recorded 5 exceedances of the ozone NAAQS in 1983 and single exceedances in the years 1988, 1989, and 1993. The data is available in AIRS and adequately demonstrates that Clinton County is attaining the NAAQS.
B. The Area Must Have a Fully Approved State Implementation Plan (SIP) Under Section 110(k)
Clinton County is a transitional area and therefore is only required to submit an emissions inventory as a SIP revision. This rulemaking is proposing approval of the emissions inventory as part of the maintenance plan and redesignation request for Clinton County. The Calcagni memorandum allows approval action on the SIP elements and the redesignation request to occur simultaneously. Therefore, the area has satisfied this requirement.
C. The Improvement in Air Quality Must Be Due to Permanent and Enforceable Reductions in Emissions Resulting From the SIP, Federal Measures and Other Permanent and Enforceable Reductions
The State has shown that in Clinton County, actual total VOC emissions were reduced by about 2 tons per day from 1990 to 1993; due exclusively to mobile source emission reductions. The mobile emission reductions were the result of the lower fuel volatility program and the FMVCP. Both of these programs are Federally enforceable and permanent.
D. The Area Must Have a Fully Approved Maintenance Plan Meeting the Requirements of Section 175(A)
The OEPA has met the applicable requirements by submitting a maintenance plan consisting of emission inventories for area, point, and mobile sources of VOC, NOx, and CO. The maintenance plan also consists of a contingency plan with specific contingency measures to be implemented in accordance with a specified schedule.
The contingency measures and schedule presented in Section II.D. above also apply to Clinton County. Additionally, a monitored violation in Clinton County would trigger contingency measures in the counties comprising the Cincinnati moderate nonattainment area.
E. The Area Must Have Met All Applicable Requirements Under Section 110 and Part D
The USEPA has interpreted section 107(d)(3)(E)(ii) to mean that the applicable requirements that an area must satisfy before it can be redesignated are the requirements under section 110 (regarding general provisions in a SIP) and under Part D (regarding the requirements for nonattainment area plans) that were due before the request was submitted. The General Preamble details the requirements for transitional areas. Those requirements and their applicability to Clinton County are presented below.
(1) RACT/Reasonably Available Control Measure (RACM)
In order to satisfy this requirement, transitional areas must show that any RACT deficiencies regarding enforceability of an existing rule are corrected. Clinton County was not included in the post 1987 SIP call letters issued by USEPA to OEPA (dated May 26, 1988, and November 8, 1989) and therefore was never cited as having RACT deficiencies. Thus, Clinton County has satisfied this requirement.
(2) Attainment Demonstration
Section 182(a)(4) specifically exempts marginal areas from any attainment demonstration requirement. In accordance with the General Preamble, this exemption is also reasonably applied to transitional areas since such areas are not violating the standard. Therefore, Clinton County is not subject to this requirement.
(3) RFP
Clinton County is already in attainment. This requirement is not applicable.
(4) Emissions Inventory
An emissions inventory is required under section 172(c)(3). Clinton County submitted an emissions inventory for VOC's, NOx, and CO. The inventory was used to develop a maintenance plan under section 175(A).
Emission inventories are supplied for Clinton County for the years 1990 to 2005. The attainment year is considered to be 1993. The mobile source emissions were determined using the MOBILE5A model. The emission factors calculated by the model were multiplied by the area VMT's. Area source emissions were estimated using growth indicators as recommended by USEPA. These indicators included population growth, industrial activity, and gasoline consumption. There are no major point sources of VOC, NOx, or CO in Clinton County. The reduction in mobile source emissions from the 1990 base year to the 1993 attainment year are attributed to the implementation of two federal programs: Lower fuel volatility and the FMVCP. The following table shows the Clinton County inventory figures.
| Summary of VOC Emissions (tons/day) | ||||||
|---|---|---|---|---|---|---|
| 1990 Base | 1993 Attain | 1996 Proj. | 1999 Proj. | 2002 Proj. | 2005 Proj. | |
| Point | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 |
| Area | 11.3 | 11.33 | 11.36 | 11.39 | 11.42 | 11.45 |
| Mobile | 5.04 | 3.27 | 2.82 | 2.80 | 2.31 | 2.04 |
| Totals | 16.34 | 14.60 | 14. | 14.19 | 13.73 | 13.49 |
| Summary of CO Emissions (tons/day) | ||||||
| Point | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 |
| Area | 24.2 | 24.3 | 24.4 | 24.5 | 24.7 | 24.8 |
| Mobile | 29.2 | 20.1 | 17.3 | 16.9 | 14.4 | 13.3 |
| Totals | 53.4 | 44.4 | 41.7 | 41.4 | 39.1 | 38.1 |
| Summary of NOx Emissions (tons/day) | ||||||
| Point | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 |
| Area | 1.62 | 1.63 | 1.64 | 1.64 | 1.65 | 1.66 |
| Mobile | 4.80 | 4.19 | 3.69 | 3.65 | 3.13 | 2.73 |
| Totals | 6.42 | 5.82 | 5.33 | 5.29 | 4.78 | 4.39 |
(5) New Source Review Section 172(c)(5) requires permits for the construction and operation of new and modified major stationary sources anywhere in the nonattainment area. The USEPA has determined that areas being redesignated need not comply with the requirement that a New Source Review (NSR) program be approved prior to redesignation provided that the area demonstrates maintenance of the standard without part D NSR in effect. The 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". The State of Ohio has demonstrated that Clinton County will be able to maintain the standard without part D NSR in effect, and, therefore, the State need not have a fully approved part D NSR program prior to approval of the redesignation request for Cincinnati. The State's Prevention of Significant Deterioration (PSD) program will become effective in Clinton County upon redesignation to attainment.
(6) Monitoring
Nonattainment areas must meet the applicable monitoring requirements of section 110(a)(2). Clinton County has met the monitoring requirement by conducting ambient air monitoring to verify the attainment status of the area and by making the data available in AIRS.
(7) Contingency Measures
The contingency measures presented in Section II.D. above also apply to Clinton County. Additionally, a monitored violation in Clinton County would trigger contingency measures in the counties comprising the Cincinnati moderate nonattainment area.
The Clinton County portion of the OEPA submittal demonstrates that: (i) The area has attained the NAAQS; (ii) the SIP has been fully approved under section 110(k); (iii) the improvement in air quality is due to permanent and enforceable measures; (iv) the maintenance plan meets the requirements of section 175(A); and (v) the area has met all applicable requirements under section 110 and Part D. Therefore, the OEPA has demonstrated that Clinton County satisfies the CAAA requirements for redesignating a nonattainment area to attainment.
Transport of Ozone Precursors to Downwind Areas
Preliminary modeling results utilizing USEPA's regional oxidant model (ROM) indicate that ozone precursor emissions from various States west of the ozone transport region (OTR) in the northeastern United States contribute to increases in ozone concentrations in the OTR. The State of Ohio has provided documentation that VOC and NOx emissions in the Cincinnati nonattainment area are predicted to remain below attainment levels for the next ten years. Should emissions exceed attainment levels, the contingency plan will be triggered. In addition, eight years after redesignation to attainment, Ohio is required to submit a revision to the maintenance plan which demonstrates that the NAAQS will be maintained until the year 2015. The USEPA is currently developing policy which will address long range impacts of ozone transport. The USEPA is working with the States and other organizations to design and complete studies which consider upwind sources and quantify their impacts. The USEPA intends to address the transport issue through Section 110 based on a domain-wide modeling analysis.
III. Proposed Rulemaking Action and Solicitation of Public Comment
The State of Ohio has met the submission requirements of the CAAA for revising the Ohio ozone SIP. The USEPA is proposing approval of the redesignation of the Cincinnati moderate nonattainment area, consisting of the counties of Butler, Warren, Clermont, and Hamilton, to attainment for ozone. In addition, USEPA is proposing approval of the redesignation to attainment for Clinton County. The USEPA is also proposing approval of the maintenance plan for each area into the ozone SIP. As noted earlier, final approval of the Cincinnati area request is contingent upon full approval of the required VOC RACT rules, Ohio's I/M SIP revision, the 15% Rate of Progress Plan, Cincinnati's base-year emissions inventory, and the NOx waiver for Cincinnati.
Public comments are solicited on USEPA's proposed rulemaking action. Public comments received by June 5, 1995 will be considered in the development of USEPA's final rulemaking action.
Nothing in this action should be construed as permitting, allowing or establishing a precedent for any future request for revision to any SIP. Each request for revision to any SIP shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.
This action has been classified as a Table 2 action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant Administrator for Air and Radiation. The Office of Management and Budget has exempted this regulatory action from Executive Order 12866 review.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities (5 U.S.C. 603 and 604). Alternatively, USEPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.
SIP approvals under section 110 and subchapter I, Part D of the CAA do not create any new requirements, but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not impose any new requirements, I certify that it does not have a significant impact on any small entities affected. Moreover, due to the nature of the federal-state relationship under the CAA, preparation of a regulatory flexibility analysis would constitute federal inquiry into the economic reasonableness of State action. The CAA forbids USEPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
Under sections 202, 203, and 205 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995, USEPA must undertake various actions in association with proposed or final rules that include a Federal mandate that may result in estimated costs of $ 100 million or more to the private sector, or to State, local, or tribal governments in the aggregate.
Through submission of the State implementation plan or plan revisions approved in this action, the State and any affected local or tribal governments have elected to adopt the program provided for under section 175A of the Clean Air Act. The rules and commitments being proposed for approval in this action may bind State, local, and tribal governments to perform certain actions and also may ultimately lead to the private sector being required to perform certain duties. To the extent that the rules and commitments being proposed for approval by this action will impose or lead to the imposition of any mandate upon the State, local, or tribal governments either as the owner or operator of a source or as a regulator, or would impose or lead to the imposition of any mandate upon the private sector, EPA's action will impose no new requirements; such sources are already subject to these requirements under State law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action. The USEPA has also determined that this action does not include a mandate that may result in estimated costs of $100 million or more to State, local, or tribal governments in the aggregate or to the private sector.
List of Subjects
40 CFR Part 52
Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Air pollution control.
Authority: 42 U.S.C. 7401-7671q.
Dated: April 21, 1995.
Valdas V. Adamkus, Regional Administrator.
[FR Doc. 95-11035 Filed 5-4-95; 8:45 am]
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