
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Proposed Rules]
[Pages 71444-71457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24914]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, and 81

[EPA-R05-OAR-2016-0396; FRL-9954-22-Region 5]


Air Plan Approval; Ohio; Redesignation of the Cleveland Area to 
Attainment of the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a July 6, 2016, request from the Ohio

[[Page 71445]]

Environmental Protection Agency (Ohio EPA) to redesignate the 
Cleveland-Akron-Lorain, Ohio area (Cleveland area) to attainment of the 
2008 ozone National Ambient Air Quality Standard (NAAQS or standard), 
because the request meets the statutory requirements for redesignation 
under the Clean Air Act (CAA). The Cleveland area includes Ashtabula, 
Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit counties. 
EPA is also proposing to approve, as a revision to the Ohio State 
Implementation Plan (SIP), Ohio's plan for maintaining the 2008 ozone 
standard through 2030 in the Cleveland area. Finally, EPA finds 
adequate and is proposing to approve Ohio's 2020 and 2030 Motor Vehicle 
Emission Budgets (MVEBs) for the Cleveland area.

DATES: Comments must be received on or before November 16, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0396 at http://www.regulations.gov or via email to 
Aburano.Douglas@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (e.g., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6832, 
Liljegren.Jennifer@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:

I. What are the actions EPA is proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Ohio's redesignation request?
    A. Has the Cleveland area attained the 2008 8-hour ozone NAAQS?
    B. Has Ohio met all applicable requirements of section 110 and 
part D of the CAA for the Cleveland area, and does the Cleveland 
area have a fully approved SIP under section 110(k) of the CAA?
    1. Ohio Has Met All Applicable Requirements of Section 110 and 
Part D of the CAA Applicable to the Cleveland Area for Purposes of 
Redesignation
    2. The Cleveland Area Has a Fully Approved SIP for Purposes of 
Redesignation Under Section 110(k) of the CAA
    C. Are the air quality improvements in the Cleveland area due to 
permanent and enforceable emission reductions?
    1. Permanent and Enforceable Emission Controls Implemented
    2. Emission Reductions
    3. Meteorology
    D. Does Ohio have a fully approvable ozone maintenance plan for 
the Cleveland area?
    1. Attainment Inventory
    2. Has the state documented maintenance of the ozone standard in 
the Cleveland area?
    3. Continued Air Quality Monitoring
    4. Verification of Continued Attainment
    5. What is the maintenance plan for the Cleveland area?
V. Has the state adopted approvable Motor Vehicle Emission Budgets 
(MVEBs)?
    A. MVEBs
    B. What is the status of EPA's adequacy determination for the 
proposed VOC and NOX MVEBs for the Cleveland area?
    C. What is a safety margin?
VI. Proposed Actions
VII. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing?

    EPA is proposing to take several related actions. EPA is proposing 
to approve Ohio EPA's request to change the legal designation of the 
Cleveland area from nonattainment to attainment of the 2008 ozone 
standard. EPA is also proposing to approve, as a revision to the Ohio 
SIP, the state's maintenance plan (such approval being one of the CAA 
criteria for redesignation to attainment status) for the area. The 
maintenance plan is designed to keep the Cleveland area in attainment 
of the 2008 ozone NAAQS through 2030. Finally, EPA finds adequate and 
is proposing to approve the newly-established 2020 and 2030 MVEBs for 
the Cleveland area. The adequacy comment period for the MVEBs began on 
July 22, 2016, 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 August 22, 2016. EPA did not receive any adverse comments on 
this submittal during the adequacy comment period. In a letter dated 
August 23, 2016, EPA informed Ohio EPA that we found the 2020 and 2030 
MVEBs to be adequate for use in transportation conformity analyses. See 
section V. B. of this rulemaking, ``What is the status of EPA's 
adequacy determination for the proposed VOC and NOX MVEBs 
for the Cleveland area?'' for further explanation of this process. We 
find adequate, and are proposing to approve, the State's 2020 and 2030 
MVEBs for transportation conformity purposes.

II. What is the background for these actions?

    EPA has determined that ground-level ozone is detrimental to human 
health. On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS 
of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). 
Under EPA's regulations at 40 CFR part 50, the 2008 ozone NAAQS is 
attained in an area when the 3-year average of the annual 4th high 
daily maximum 8-hour average ozone concentrations is equal to or less 
than 0.075 ppm when truncated after the thousandth decimal place at all 
of the ozone monitoring sites in the area. See 40 CFR 50.15 and 
appendix P to 40 CFR part 50.
    Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B) 
of the CAA requires EPA to designate as nonattainment any areas that 
are violating the NAAQS, based on the most recent three years of 
quality-assured ozone monitoring data. The Cleveland area was 
designated as a marginal nonattainment area for the 2008 ozone NAAQS on 
May 21, 2012 (77 FR 30088) (effective July 20, 2012).
    In a final implementation rule for the 2008 ozone NAAQS (SIP 
Requirements Rule),\1\ EPA established ozone standard

[[Page 71446]]

attainment dates based on table 1 of section 181(a) of the CAA. This 
established an attainment date three years after the July 20, 2012, 
effective designation date for areas classified as marginal 
nonattainment for the 2008 ozone NAAQS. Therefore, the attainment date 
for the Cleveland area was July 20, 2015. On May 4, 2016 (81 FR 26697), 
based on EPA's evaluation and determination that the Cleveland area 
failed to attain the NAAQS by July 20, 2015, but met the attainment 
date extension criteria of CAA section 181(a)(5), EPA granted the 
Cleveland area a 1-year extension of the applicable marginal area 
attainment date from July 20, 2015, to July 20, 2016.
---------------------------------------------------------------------------

    \1\ The rule, titled ``Implementation of the 2008 National 
Ambient Air Quality Standards for Ozone: State Implementation Plan 
Requirements'' and published at 80 FR 12264 (March 6, 2015), 
addresses nonattainment area SIP requirements for the 2008 ozone 
NAAQS, including requirements pertaining to attainment 
demonstrations, reasonable further progress (RFP), reasonably 
available control technology (RACT), reasonably available control 
measures (RACM), new source review (NSR), emission inventories, and 
the timing requirements for SIP submissions and compliance with 
emission control measures in the SIP. This rule also addresses the 
revocation of the 1997 ozone NAAQS and the anti-backsliding 
requirements that apply when the 1997 ozone NAAQS is revoked.
---------------------------------------------------------------------------

III. What are the criteria for redesignation?

    Section 107(d)(3)(E) of the CAA allows redesignation of an area to 
attainment of the NAAQS provided that: (1) The Administrator (EPA) 
determines that the area has attained the NAAQS; (2) the Administrator 
has fully approved the applicable implementation plan for the area 
under section 110(k) of the CAA; (3) the Administrator determines that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP, applicable Federal air pollutant control regulations, and other 
permanent and enforceable emission reductions; (4) the Administrator 
has fully approved a maintenance plan for the area as meeting the 
requirements of section 175A of the CAA; and (5) the state containing 
the area has met all requirements applicable to the area for the 
purposes of redesignation under section 110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignations in the 
General Preamble for the Implementation of Title I of the CAA 
Amendments of 1990 (57 FR 13498) and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in the following documents:

    1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, Director, Technical Support Division, 
June 18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (the ``Calcagni 
memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John 
Calcagni, Director, Air Quality Management Division, October 28, 
1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum 
from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, 
August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) 
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993 (the ``Shapiro memorandum'');
    8. ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary 
D. Nichols, Assistant Administrator for Air and Radiation, October 
14, 1994 (the ``Nichols memorandum''); and
    10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 
10, 1995.

IV. What is EPA's analysis of Ohio's redesignation request?

A. Has the Cleveland area attained the 2008 8-hour ozone NAAQS?

    For redesignation of a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2008 
ozone NAAQS if it meets the 2008 ozone NAAQS, as determined in 
accordance with 40 CFR 50.15 and appendix P of part 50, based on three 
complete, consecutive calendar years of quality-assured air quality 
data for all monitoring sites in the area. To attain the NAAQS, the 3-
year average of the annual 4th high daily maximum 8-hour average ozone 
concentrations (ozone design values) at each monitor must not exceed 
0.075 ppm when truncated after the thousandth decimal place. The air 
quality data must be collected and quality-assured in accordance with 
40 CFR part 58 and recorded in EPA's Air Quality System (AQS). Ambient 
air quality monitoring data for the 3-year period must also meet data 
completeness requirements. An ozone design value is valid if daily 
maximum 8-hour average concentrations are available for at least 90% of 
the days within the ozone monitoring seasons,\2\ on average, for the 3-
year period, with a minimum data completeness of 75% during the ozone 
monitoring season of any year during the 3-year period. See section 2.3 
of appendix P to 40 CFR part 50.
---------------------------------------------------------------------------

    \2\ The ozone season is defined by state in 40 CFR 58 appendix 
D. For the 2012-2014 and 2013-2015 time periods, the ozone season 
for Ohio was April-October. Beginning in 2016, the ozone season for 
Ohio is now March-October. See, 80 FR 65292, 65466-67 (October 26, 
2015).
---------------------------------------------------------------------------

    On May 4, 2016 (81 FR 26697), based on EPA's evaluation and 
determination that the Cleveland area failed to attain the NAAQS by 
July 20, 2015, but met the attainment date extension criteria of CAA 
section 181(a)(5), EPA granted the Cleveland area a 1-year extension of 
the applicable Marginal area attainment date from July 20, 2015, to 
July 20, 2016. On June 27, 2016 (81 FR 41444), in accordance with 
section 181(b)(2)(A) of the CAA and the provisions of the SIP 
Requirements Rule (40 CFR 51.1103), EPA made a determination that the 
Cleveland area attained the standard by its July 20, 2016 attainment 
date based upon three years of complete, quality-assured and certified 
data for the 2013-2015 time period. These data are summarized in Table 
1, below.

[[Page 71447]]



 Table 1--Annual 4th High Daily Maximum 8-Hour Average Ozone Concentrations and 3-Year Averages of the 4th High
                    Daily Maximum 8-Hour Average Ozone Concentrations for the Cleveland Area
----------------------------------------------------------------------------------------------------------------
                                                  2013  4th high  2014  4th high  2015  4th high     2013-2015
            County                   Monitor           (ppm)           (ppm)           (ppm)      average  (ppm)
----------------------------------------------------------------------------------------------------------------
Ashtabula.....................       39-007-1001              70              69              70              69
Cuyahoga......................       39-035-0034              69              71              67              69
                                     39-035-0060              57              66              63              62
                                     39-035-0064              64              59              66              63
                                     39-035-5002              65              61              72              66
Geauga........................       39-055-0004              65              65              73              67
Lake..........................       39-085-0003              70              75              74              73
                                     39-085-0007              68              62              70              66
Lorain........................       39-093-0018              60              67              62              63
Medina........................       39-103-0004              65              64              63              64
Portage.......................       39-133-1001              58              61              64              61
Summit........................       39-153-0020              60              58              65              61
----------------------------------------------------------------------------------------------------------------

    EPA will not take final action to approve the redesignation of this 
area if the design value of a monitoring site in the area exceeds the 
NAAQS after proposal but prior to final approval of the redesignation. 
Preliminary 2016 data indicate that this area continues to attain the 
2008 ozone NAAQS. As discussed in section IV.D.3. below, Ohio EPA has 
committed to continue monitoring ozone in this area to verify 
maintenance of the ozone standard.

B. Has Ohio met all applicable requirements of section 110 and part D 
of the CAA for the Cleveland area, and does the Cleveland area have a 
fully approved SIP under section 110(k) of the CAA?

    As criteria for redesignation of an area from nonattainment to 
attainment of a NAAQS, the CAA requires EPA to determine that the state 
has met all applicable requirements under section 110 and part D of 
title I of the CAA (see section 107(d)(3)(E)(v) of the CAA) and that 
the state has a fully approved SIP under section 110(k) of the CAA (see 
section 107(d)(3)(E)(ii) of the CAA). EPA proposes to find that Ohio 
has a fully approved SIP under section 110(k) of the CAA. Additionally, 
EPA proposes to find that the Ohio SIP satisfies the criterion that it 
meets applicable SIP requirements, for purposes of redesignation, under 
section 110 and part D of title I of the CAA (requirements specific to 
nonattainment areas for the 2008 ozone NAAQS). In making these proposed 
determinations, EPA ascertained which CAA requirements are applicable 
to the Cleveland area and the Ohio SIP and, if applicable, whether the 
required Ohio SIP elements are fully approved under section 110(k) and 
part D of the CAA. As discussed more fully below, SIPs must be fully 
approved only with respect to currently applicable requirements of the 
CAA.
    The September 4, 1992, Calcagni memorandum describes EPA's 
interpretation of section 107(d)(3)(E) of the CAA. Under this 
interpretation, a state and the area it wishes to redesignate must meet 
the relevant CAA requirements that are due prior to the state's 
submittal of a complete redesignation request for the area. See also 
the Shapiro memorandum and 60 FR 12459, 12465-66 (March 7, 1995) 
(redesignation of Detroit-Ann Arbor, Michigan to attainment of the 1-
hour ozone NAAQS). Applicable requirements of the CAA that come due 
subsequent to the state's submittal of a complete request remain 
applicable until a redesignation to attainment is approved, but are not 
required as a prerequisite to redesignation. See section 175A(c) of the 
CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 
25424, 25427 (May 12, 2003) (redesignation of the St. Louis/East St. 
Louis area to attainment of the 1-hour ozone NAAQS).
1. Ohio Has Met All Applicable Requirements of Section 110 and Part D 
of the CAA Applicable to the Cleveland Area for Purposes of 
Redesignation
a. Section 110 General Requirements for Implementation Plans
    Section 110(a)(2) of the CAA delineates the general requirements 
for a SIP. Section 110(a)(2) provides that the SIP must have been 
adopted by the state after reasonable public notice and hearing, and 
that, among other things, it must: (1) include enforceable emission 
limitations and other control measures, means or techniques necessary 
to meet the requirements of the CAA; (2) provide for establishment and 
operation of appropriate devices, methods, systems and procedures 
necessary to monitor ambient air quality; (3) provide for 
implementation of a source permit program to regulate the modification 
and construction of stationary sources within the areas covered by the 
plan; (4) include provisions for the implementation of CAA title I part 
C Prevention of Significant Deterioration (PSD) and part D 
nonattainment New Source Review (NSR) permit programs; (5) include 
criteria for stationary source emission control measures, monitoring, 
and reporting; (6) include provisions for air quality modeling; and, 
(7) provide for public and local agency participation in planning and 
emission control rule development.
    Section 110(a)(2)(D) of the CAA requires SIPs to contain measures 
to prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address transport of 
certain air pollutants, e.g., Oxides of Nitrogen (NOX) SIP 
call.\3\ However, like many of the 110(a)(2) requirements, the section 
110(a)(2)(D) SIP requirements are not linked with a particular area's 
ozone designation and classification. EPA concludes that the SIP 
requirements linked with the area's ozone designation and 
classification are the relevant measures to evaluate when reviewing a 
redesignation request for the area. The section 110(a)(2)(D) 
requirements,

[[Page 71448]]

where applicable, continue to apply to a state regardless of the 
designation of any one particular area within the state. Thus, we have 
determined these requirements are not applicable requirements for 
purposes of redesignation. See 65 FR 37890 (June 19, 2000), 68 FR 
25418, 25426-27 (May 12, 2003).
---------------------------------------------------------------------------

    \3\ On October 27, 1992 (63 FR 57356), EPA issued a 
NOX ``SIP call'' requiring the District of Columbia and 
22 states to reduce emissions of NOX in order to reduce 
the transport of ozone and ozone precursors. In compliance with 
EPA's NOX SIP call, Ohio developed rules governing the 
control of NOX emissions from Electric Generating Units 
(EGUs), major non-EGU industrial boilers and turbines, and major 
cement kilns. EPA approved Ohio's rules as fulfilling Phase I of the 
NOX SIP Call on August 5, 2003 (68 FR 46089) and June 27, 
2005 (70 FR 36845), and as meeting Phase II of the NOX 
SIP Call on February 4, 2008 (73 FR 6427).
---------------------------------------------------------------------------

    In addition, EPA believes that other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's ozone attainment status are not applicable requirements for 
purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated to attainment of the 2008 
ozone NAAQS. The section 110 and part D requirements which are linked 
with a particular area's designation and classification are the 
relevant measures to evaluate in reviewing a redesignation request. 
This approach is consistent with EPA's existing policy on applicability 
(e.g., for redesignations) of conformity and oxygenated fuels 
requirements, as well as with section 184 ozone transport requirements. 
See Reading, Pennsylvania proposed and final rulemakings, 61 FR 53174-
53176 (October 10, 1996) and 62 FR 24826 (May 7, 1997); Cleveland-
Akron-Loraine, Ohio final rulemaking, 61 FR 20458 (May 7, 1996); and 
Tampa, Florida final rulemaking, 60 FR 62748 (December 7, 1995). See 
also the discussion of this issue in the Cincinnati, Ohio ozone 
redesignation (65 FR 37890, June 19, 2000), and the Pittsburgh, 
Pennsylvania ozone redesignation (66 FR 50399, October 19, 2001).
    We have reviewed Ohio's SIP and have concluded that it meets the 
general SIP requirements under section 110 of the CAA, to the extent 
those requirements are applicable for purposes of redesignation. On 
October 16, 2014 (79 FR 62019), EPA approved elements of the SIP 
submitted by Ohio to meet the requirements of section 110 for the 2008 
ozone standard. The requirements of section 110(a)(2), however, are 
statewide requirements that are not linked to the 2008 ozone standard 
nonattainment status of the Cleveland area. Therefore, EPA concludes 
that these infrastructure requirements are not applicable requirements 
for purposes of review of the state's 2008 ozone standard redesignation 
request.
b. Part D Requirements
    Section 172(c) of the CAA sets forth the basic requirements of air 
quality plans for states with nonattainment areas that are required to 
submit them pursuant to section 172(b). Subpart 2 of part D, which 
includes section 182 of the CAA, establishes specific requirements for 
ozone nonattainment areas depending on the areas' nonattainment 
classifications.
    The Cleveland area was classified as marginal nonattainment under 
subpart 2 for the 2008 ozone NAAQS. As such, the area is subject to the 
subpart 1 requirements contained in section 172(c) and section 176 and 
the subpart 2 requirements contained in section 182(a) (marginal 
nonattainment area requirements). A thorough discussion of the 
requirements contained in section 172(c) and 182 can be found in the 
General Preamble for Implementation of Title I (57 FR 13498).
i. Part D Subpart 1 Section 172 Requirements
    As provided in subpart 2, for marginal ozone nonattainment areas 
such as the Cleveland area, the specific requirements of section 182(a) 
apply in lieu of the attainment planning requirements that would 
otherwise apply under section 172(c), including the attainment 
demonstration and reasonably available control measures (RACM) under 
section 172(c)(1), reasonable further progress (RFP) under section 
172(c)(2), and contingency measures under section 172(c)(9). 42 U.S.C. 
7511a(a).
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. This 
requirement is superseded by the inventory requirement in section 
182(a)(1) discussed below.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources in an 
area, and section 172(c)(5) requires source permits for the 
construction and operation of new and modified major stationary sources 
anywhere in the nonattainment area. EPA approved Ohio's NSR program on 
January 10, 2003 (68 FR 1366) and February 25, 2010 (75 FR 8496). 
However, EPA has determined that, since PSD NSR requirements will apply 
after redesignation, areas being redesignated need not comply with the 
requirement that a nonattainment NSR program be approved prior to 
redesignation, provided that the area demonstrates maintenance of the 
NAAQS without part D nonattainment NSR. A more detailed rationale for 
this determination is described in the Nichols memorandum. Ohio has 
demonstrated that the Cleveland area will be able to maintain the 
standard without part D nonattainment NSR in effect; therefore, EPA 
concludes that the state need not have a fully approved part D 
nonattainment NSR program prior to approval of the redesignation 
request. See rulemakings for Detroit, Michigan (60 FR 12467-12468, 
March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470, 
May 7, 1996); Louisville, Kentucky (66 FR 53665, October 23, 2001); and 
Grand Rapids, Michigan (61 FR 31834-31837, June 21, 1996). Ohio's PSD 
NSR program will become effective in the Cleveland area upon 
redesignation to attainment.
    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the NAAQS. Because attainment 
has been reached, no additional measures are needed to provide for 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we have determined the 
Ohio SIP meets the requirements of section 110(a)(2) for purposes of 
redesignation.
ii. Part A Section 176 Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs and projects that are developed, funded or approved under 
title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement and enforceability 
that EPA promulgated pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \4\ as not applying 
for purposes of evaluating a redesignation request under section 107(d) 
because state conformity rules are still required after redesignation 
and Federal conformity rules apply where state conformity rules have 
not been approved. See Wall v. EPA, 265 F.3d

[[Page 71449]]

426 (6th Cir. 2001) (upholding this interpretation); see also 60 FR 
62748 (December 7, 1995) (redesignation of Tampa, Florida). 
Nonetheless, Ohio has an approved conformity SIP for the Cleveland 
area. See 80 FR 11133 (March 2, 2015).
---------------------------------------------------------------------------

    \4\ CAA section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain Federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from SIPs requiring the development of Motor 
Vehicle Emission Budgets (MVEBs), such as control strategy SIPs and 
maintenance plans.
---------------------------------------------------------------------------

iii. Part D Subpart 2 Section 182(a) Requirements
    Section 182(a)(1) requires states to submit a comprehensive, 
accurate, and current inventory of actual emissions from sources of 
volatile organic compounds (VOC) and NOX emitted within the 
boundaries of the ozone nonattainment area. Ohio submitted a 2008 base 
year emissions inventory for the Cleveland area on July 18, 2014. EPA 
approved this emissions inventory as a revision to the Ohio SIP on 
March 10, 2016 (81 FR 12591).
    Under section 182(a)(2)(A), states with ozone nonattainment areas 
that were designated prior to the enactment of the 1990 CAA amendments 
were required to submit, within six months of classification, all rules 
and corrections to existing VOC reasonably available control technology 
(RACT) rules that were required under section 172(b)(3) prior to the 
1990 CAA amendments. The Cleveland area is not subject to the section 
182(a)(2) RACT ``fix up'' requirement for the 2008 ozone NAAQS because 
it was designated as nonattainment for this standard after the 
enactment of the 1990 CAA amendments and because Ohio complied with 
this requirement for the Cleveland area under the prior 1-hour ozone 
NAAQS. See 59 FR 23796 (May 9, 1994) and 60 FR 15235 (March 23, 1995).
    Section 182(a)(2)(B) requires each state with a marginal ozone 
nonattainment area that implemented or was required to implement a 
vehicle inspection and maintenance (I/M) program prior to the 1990 CAA 
amendments to submit a SIP revision for an I/M program no less 
stringent than that required prior to the 1990 CAA amendments or 
already in the SIP at the time of the CAA amendments, whichever is more 
stringent. For the purposes of the 2008 ozone standard and the 
consideration of Ohio's redesignation request for this standard, the 
Cleveland area is not subject to the section 182(a)(2)(B) requirement 
because the Cleveland area was designated as nonattainment for the 2008 
ozone standard after the enactment of the 1990 CAA amendments. However, 
the Cleveland area established an I/M program under the 1-hour ozone 
standard. EPA approved Ohio's enhanced I/M program (E-Check), on April 
4, 1995 (60 FR 16989) and January 6, 1997 (62 FR 646). The E-Check 
program continues to be implemented in the Cleveland area.
    Regarding the source permitting and offset requirements of section 
182(a)(2)(C) and section 182(a)(4), EPA approved Ohio's NSR program on 
January 22, 2003 (68 FR 2909) and February 25, 2010 (75 FR 8496). 
However, as discussed above, Ohio has demonstrated that the Cleveland 
area will be able to maintain the standard without part D nonattainment 
NSR in effect; therefore, EPA concludes that the state need not have a 
fully approved part D nonattainment NSR program prior to approval of 
the redesignation request. The state's PSD NSR program will become 
effective in the Cleveland area upon redesignation to attainment.
    Section 182(a)(3) requires states to submit periodic emission 
inventories and a revision to the SIP to require the owners or 
operators of stationary sources to annually submit emission statements 
documenting actual VOC and NOX emissions. As discussed below 
in section IV.D.4. of this proposed rule, Ohio will continue to update 
its emissions inventory at least once every three years. With regard to 
stationary source emission statements, EPA approved Ohio's emission 
statement rule on September 27, 2007 (72 FR 54844). On July 18, 2014, 
Ohio certified that this approved SIP regulation remains in place and 
remains enforceable for the 2008 ozone standard. EPA approved Ohio's 
certification on March 10, 2016 (81 FR 12591).
    The Cleveland area has satisfied all applicable requirements for 
purposes of redesignation under section 110 and part D of title I of 
the CAA.
2. The Cleveland Area Has a Fully Approved SIP for Purposes of 
Redesignation Under Section 110(k) of the CAA
    Ohio has adopted and submitted and EPA has approved at various 
times, provisions addressing the various SIP elements applicable for 
the ozone NAAQS. As discussed above, EPA has fully approved the Ohio 
SIP for the Cleveland area under section 110(k) for all requirements 
applicable for purposes of redesignation under the 2008 ozone NAAQS. 
EPA may rely on prior SIP approvals in approving a redesignation 
request (see the Calcagni memorandum at page 3; Southwestern 
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-990 (6th 
Cir. 1998); Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), plus any 
additional measures it may approve in conjunction with a redesignation 
action (see 68 FR 25426 (May 12, 2003) and citations therein).

C. Are the air quality improvements in the Cleveland area due to 
permanent and enforceable emission reductions?

    To support the redesignation of an area from nonattainment to 
attainment, section 107(d)(3)(E)(iii) of the CAA requires EPA to 
determine that the air quality improvement in the area is due to 
permanent and enforceable reductions in emissions resulting from the 
implementation of the SIP and applicable Federal air pollution control 
regulations and other permanent and enforceable emission reductions. 
EPA has determined that Ohio has demonstrated that that the observed 
ozone air quality improvement in the Cleveland area is due to permanent 
and enforceable reductions in VOC and NOX emissions 
resulting from state measures adopted into the SIP and Federal 
measures.
    In making this demonstration, the state has calculated the change 
in emissions between 2011 and 2014. The reduction in emissions and the 
corresponding improvement in air quality over this time period can be 
attributed to a number of regulatory control measures that the 
Cleveland area and upwind areas have implemented in recent years. In 
addition, Ohio EPA provided an analysis to demonstrate the improvement 
in air quality was not due to unusually favorable meteorology. Based on 
the information summarized below, Ohio has adequately demonstrated that 
the improvement in air quality is due to permanent and enforceable 
emissions reductions.
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
    Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule 
(CSAPR). CAIR created regional cap-and-trade programs to reduce sulfur 
dioxide (SO2) and NOX emissions in 27 eastern 
states, including Ohio, that contributed to downwind nonattainment and 
maintenance of the 1997 ozone NAAQS and the 1997 fine particulate 
matter (PM2.5) NAAQS. See 70 FR 25162 (May 12, 2005). EPA 
approved Ohio's CAIR regulations into the Ohio SIP on February 1, 2008 
(73 FR 6034), and September 25, 2009 (74 FR 48857). In 2008, the United 
States Court of Appeals for the District of Columbia Circuit (D.C. 
Circuit) initially vacated CAIR, North Carolina v. EPA, 531 F.3d 896 
(D.C. Cir. 2008), but ultimately remanded the rule to EPA without 
vacatur to preserve the environmental benefits provided by CAIR, North

[[Page 71450]]

Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 
2011 (76 FR 48208), acting on the D.C. Circuit's remand, EPA 
promulgated CSAPR to replace CAIR and thus to address the interstate 
transport of emissions contributing to nonattainment and interfering 
with maintenance of the two air quality standards covered by CAIR as 
well as the 2006 PM2.5 NAAQS. CSAPR requires substantial 
reductions of SO2 and NOX emissions from electric 
generating units (EGUs) in 28 states in the Eastern United States.
    The D.C. Circuit's initial vacatur of CSAPR \5\ was reversed by the 
United States Supreme Court on April 29, 2014, and the case was 
remanded to the D.C. Circuit to resolve remaining issues in accordance 
with the high court's ruling. EPA v. EME Homer City Generation, L.P., 
134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in 
most respects, but invalidated without vacating some of the CSAPR 
budgets as to a number of states. EME Homer City Generation, L.P. v. 
EPA, 795 F.3d 118 (D.C. Cir. 2015). The remanded budgets include the 
Phase 2 NOX ozone season emissions budgets for Ohio. This 
litigation ultimately delayed implementation of CSAPR for three years, 
from January 1, 2012, when CSAPR's cap-and-trade programs were 
originally scheduled to replace the CAIR cap-and-trade programs, to 
January 1, 2015. Thus, while the rule's Phase 2 budgets were originally 
promulgated to begin on January 1, 2014, they are now scheduled to 
begin on January 1, 2017. CSAPR will continue to operate under the 
existing emissions budgets until EPA addresses the D.C. Circuit's 
remand.
---------------------------------------------------------------------------

    \5\ EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. 
Cir. 2012).
---------------------------------------------------------------------------

    EPA is proposing to approve the redesignation of the Cleveland area 
without relying on the Ohio CSAPR Phase 2 ozone season NOX 
emissions budget as an emission control measure having led to 
attainment of the 2008 ozone NAAQS or contributing to maintenance of 
that standard. In so doing, we are proposing to determine that the D.C. 
Circuit's invalidation of the Ohio CSAPR Phase 2 ozone season 
NOX emissions budget does not bar today's proposed 
redesignation.
    The improvement in ozone air quality in the Cleveland area from 
2011 (a year when the design value for the area was above the NAAQS) to 
2014 (a year when the design value was below the NAAQS) with respect to 
EGUs includes changes at several facilities which resulted in 
NOX emissions reductions. The Cleveland Electric 
Illuminating Co., Eastlake Plant in Lake County permanently shut down 
in April of 2015. Prior to the shutdown, EGU NOX emissions 
had dropped from 27.27 tons per summer day (TPSD) to 5.48 TPSD (2011 to 
2014). The First Energy Generation, LLC Lake Shore facility in Cuyahoga 
County permanently shut down in April of 2015. Prior to the shutdown, 
EGU NOX emissions had dropped in Cuyahoga County from 2.83 
TPSD to 1.10 TPSD (2011 to 2014). The First Energy Generation, LLC 
Ashtabula Plant in Ashtabula County shut down coal fired boilers in 
April of 2015 and December of 2015. Prior to the shutdown, EGU 
NOX emissions in Ashtabula County had dropped from 4.21 TPSD 
to 1.26 TPSD (2011 to 2014). Even greater reductions than predicted 
will be achieved in these areas due to the shutdown of these 
facilities.
b. 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 following.
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. On February 10, 2000(65 FR 6698), EPA promulgated Tier 2 
motor vehicle emission standards and gasoline sulfur control 
requirements. These emission control requirements result in lower VOC 
and NOX emissions from new cars and light duty trucks, 
including sport utility vehicles. With respect to fuels, this rule 
required refiners and importers of gasoline to meet lower standards for 
sulfur in gasoline, which were phased in between 2004 and 2006. By 
2006, refiners were required to meet a 30 ppm average sulfur level, 
with a maximum cap of 80 ppm. This reduction in fuel sulfur content 
ensures the effectiveness of low emission-control technologies. The 
Tier 2 tailpipe standards established in this rule were phased in for 
new vehicles between 2004 and 2009. EPA estimates that, when fully 
implemented, this rule will cut emissions from light-duty vehicles and 
light-duty trucks by approximately 76 and 28% for NOX and 
VOC, respectively. NOX and VOC reductions from medium-duty 
passenger vehicles included as part of the Tier 2 vehicle program are 
estimated to be approximately 37,000 and 9,500 tons per year, 
respectively, when fully implemented. In addition, EPA estimates that 
beginning in 2007, a reduction of 30,000 tons per year of 
NOX will result from the benefits of sulfur control on 
heavy-duty gasoline vehicles. Some of these emission reductions 
occurred by the attainment years and additional emission reductions 
will occur throughout the maintenance period, as older vehicles are 
replaced with newer, compliant model years.
    Tier 3 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3 
motor vehicle emission and fuel standards to reduce both tailpipe and 
evaporative emissions and to further reduce the sulfur content in 
fuels. The rule will be phased in between 2017 and 2025. Tier 3 sets 
new tailpipe standards for the sum of VOC and NOX and for 
particulate matter. The VOC and NOX tailpipe standards for 
light-duty vehicles represent approximately an 80% reduction from 
today's fleet average and a 70% reduction in per-vehicle PM standards. 
Heavy-duty tailpipe standards represent about a 60% reduction in both 
fleet average VOC and NOX and per-vehicle PM standards. The 
evaporative emissions requirements in the rule will result in 
approximately a 50% reduction from current standards and apply to all 
light-duty and on-road gasoline-powered heavy-duty vehicles. Finally, 
the rule lowers the sulfur content of gasoline to an annual average of 
10 ppm by January 2017. While these reductions did not aid the area in 
attaining the standard, emission reductions will occur during the 
maintenance period.
    Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for 
on-highway heavy-duty diesel engines that includes standards limiting 
the sulfur content of diesel fuel. Emissions standards for 
NOX, VOC, and PM were phased in between model years 2007 and 
2010. In addition, the rule reduced the highway diesel fuel sulfur 
content to 15 ppm by 2007, leading to additional reductions in 
combustion NOX and VOC emissions. EPA has estimated future 
year emission reductions due to implementation of this rule. 
Nationally, EPA estimated that 2015 NOX and VOC emissions 
would decrease by 1,260,000 tons and 54,000 tons, respectively. In 2030 
EPA estimated that NOX and VOC emissions will decrease by 
2,570,000 tons and 115,000 tons, respectively. As projected by these 
estimates and demonstrated in the on-road emission modeling for the 
Cleveland area, some of these emission reductions occurred by the 
attainment years and additional emission reductions will occur 
throughout the maintenance period as older vehicles are replaced with 
newer, compliant model years.
    Non-road Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a 
rule

[[Page 71451]]

adopting emissions standards for non-road diesel engines and sulfur 
reductions in non-road diesel fuel. This rule applies to diesel engines 
used primarily in construction, agricultural, and industrial 
applications. Emission standards are phased in for 2008 through 2015 
model years based on engine size. The SO2 limits for non-
road diesel fuels were phased in from 2007 through 2012. EPA estimates 
that when fully implemented, compliance with this rule will cut 
NOX emissions from these non-road diesel engines by 
approximately 90%. Some of these emission reductions occurred by the 
attainment years and additional emission reductions will occur 
throughout the maintenance period.
    Non-road Spark-Ignition Engines and Recreational Engine Standards. 
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for 
large spark-ignition engines such as those used in forklifts and 
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and 
recreational marine diesel engines. These emission standards are phased 
in from model year 2004 through 2012. When fully implemented, EPA 
estimates an overall 72% reduction in VOC emissions from these engines 
and an 80% reduction in NOX emissions. Some of these 
emission reductions occurred by the attainment years and additional 
emission reductions will occur throughout the maintenance period.
    National Emission Standards for Hazardous Air Pollutants (NESHAP) 
for Reciprocating Internal Combustion Engines. On March 3, 2010 (75 FR 
9648) with amendments finalized on January 14, 2013 (78 FR 6674), EPA 
issued a rule to reduce hazardous air pollutants from existing diesel 
powered stationary reciprocating internal combustion engines, also 
known as compression ignition engines. EPA estimates that, as a result 
of this rule, NOX and VOC emissions from these engines will 
be reduced by approximately 9,600 and 36,000 tons per year, 
respectively.
    Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR 
22896) EPA issued emission standards for marine compression-ignition 
engines at or above 30 liters per cylinder. Tier 2 emission standards 
apply beginning in 2011, and are expected to result in a 15 to 25% 
reduction in NOX emissions from these engines. Final Tier 3 
emission standards apply beginning in 2016 and are expected to result 
in approximately an 80% reduction in NOX from these engines. 
Some of these emission reductions occurred by the attainment years and 
additional emission reductions will occur throughout the maintenance 
period.
    Oil and Natural Gas Industry Standards. On August 16, 2012 (77 FR 
49490) EPA finalized several rules that apply to the oil and natural 
gas sector. These rules set standards for natural gas wells that are 
hydraulically fractured along with several other sources in the oil and 
natural gas sector. EPA estimates that, as a result of these rules, VOC 
emissions will be reduced in this source sector by 190,000 to 290,000 
tons annually.
2. Emission Reductions
    Ohio is using a 2011 inventory as the nonattainment base year. 
Area, non-road mobile, airport related emissions (AIR), and point 
source emissions (EGUs and non-EGUs) were collected from the Ozone 
NAAQS Implementation Modeling platform (2011v6.1). For 2011, this 
represents actual data Ohio reported to EPA for the 2011 National 
Emissions inventory (NEI). Because emissions from state inventory 
databases, the NEI, and the Ozone NAAQS Emissions Modeling platform are 
annual totals, tons per summer day were derived according to EPA's 
April 29, 2002 guidance document entitled ``Temporal Allocation of 
Annual Emissions Using EMCH Temporal Profiles'' using the temporal 
allocation references accompanying the 2011v6.1 modeling inventory 
files. On-road mobile source emissions were developed in conjunction 
with the Ohio EPA, the Ohio Department of Transportation, the Akron 
Metropolitan Area Transportation Study (AMATS), and the Northeast Ohio 
Areawide Coordinating Agency (NOACA) and were calculated from emission 
factors produced by EPA's Motor Vehicle Emission Simulator (MOVES) 
model and data extracted from the region's travel-demand model.
    For the attainment inventory, Ohio is using 2014, one of the years 
the Cleveland area monitored attainment of the 2008 ozone standard. 
Because the 2014 NEI inventory was not available at the time Ohio EPA 
was compiling the redesignation request, the state was unable to use 
the 2014 NEI inventory directly. For area, non-road mobile, and AIR, 
2014 emissions were derived by interpolating between 2011 and 2018 
Ozone NAAQS Emissions Modeling platform inventories. The point source 
sector for the 2014 inventory was developed using actual 2014 point 
source emissions reported to the state database, which serve as the 
basis for the point source emissions reported to EPA for the NEI. 
Summer day inventories were derived for these sectors using the 
methodology described above. Finally, on-road mobile source emissions 
were developed using the same methodology described above for the 2011 
inventory.
    Using the inventories described above, Ohio's submittal documents 
changes in VOC and NOX emissions from 2011 to 2014 for the 
Cleveland area. Emissions data are shown in Tables 2 through 6.

                                        Table 2--Cleveland Area NOX Emissions for Nonattainment Year 2011 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR          Non-road          Area           On-road          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ashtabula...............................................            4.95            0.00            2.89            4.02            6.35           18.21
Cuyahoga................................................           10.45            1.67           18.83           13.78           50.73           95.46
Geauga..................................................            0.02            0.00            1.66            0.87            7.46           10.01
Lake....................................................           29.21            0.01            4.83            4.25           11.97           50.27
Lorain..................................................           14.57            0.01            6.17            5.04           14.11           39.90
Medina..................................................            0.20            0.02            2.95            1.98           14.59           19.74
Portage.................................................            0.28            0.00            2.66            3.11            9.96           16.01
Summit..................................................            1.59            0.33            6.30            5.34           29.19           42.75
                                                         -----------------------------------------------------------------------------------------------
    Area Totals.........................................           61.27            2.04           46.29           38.39          144.36          292.35
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 71452]]


                                        Table 3--Cleveland Area VOC Emissions for Nonattainment Year 2011 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR          Non-road          Area           On-road          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ashtabula...............................................            7.10            0.00            7.35            3.81            2.88           21.14
Cuyahoga................................................            2.81            0.41           24.86           33.36           27.04           88.48
Geauga..................................................            0.04            0.00            3.34            4.14            4.76           12.28
Lake....................................................            1.05            0.01            8.22            6.41            5.94           21.63
Lorain..................................................            2.60            0.02            8.96            7.54            7.80           26.92
Medina..................................................            0.64            0.04            3.60            5.23            5.41           14.92
Portage.................................................            0.91            0.00            4.90            5.92            4.48           16.21
Summit..................................................            1.22            0.09            7.33           14.44           13.61           36.69
                                                         -----------------------------------------------------------------------------------------------
    Area Totals.........................................           16.37            0.57           68.56           80.85           71.92          238.27
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                          Table 4--Cleveland Area NOX Emissions for Attainment Year 2014 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR          Non-road          Area           On-road          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ashtabula...............................................            2.00            0.00            5.95            3.82            4.22           15.99
Cuyahoga................................................            8.50            1.80           21.03           13.60           31.72           76.65
Geauga..................................................            0.02            0.00            2.89            0.90            3.73            7.54
Lake....................................................            7.29            0.01            6.66            4.12            8.05           26.13
Lorain..................................................           12.14            0.01            7.40            4.83           10.29           34.67
Medina..................................................            0.21            0.02            3.07            1.93           10.33           15.56
Portage.................................................            0.32            0.00            4.14            2.98            6.77           14.21
Summit..................................................            1.33            0.36            6.25            5.28           19.45           32.67
                                                         -----------------------------------------------------------------------------------------------
    Area Totals.........................................           31.81            2.20           57.39           37.01           94.56          222.97
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                          Table 5--Cleveland Area VOC Emissions for Attainment Year 2014 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR          Non-road          Area           On-road          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ashtabula...............................................            6.69            0.00            2.51            3.75            2.09           15.04
Cuyahoga................................................            2.74            0.43           15.42           32.55           17.84           68.98
Geauga..................................................            0.08            0.00            1.32            4.05            2.03            7.48
Lake....................................................            1.06            0.01            4.14            6.30            4.30           15.81
Lorain..................................................            2.05            0.02            5.13            7.37            5.69           20.26
Medina..................................................            0.52            0.04            2.33            5.14            3.95           11.98
Portage.................................................            1.12            0.00            2.12            5.82            3.38           12.44
Summit..................................................            1.04            0.10            4.90           14.19           10.07           30.30
                                                         -----------------------------------------------------------------------------------------------
    Area Totals.........................................           15.30            0.60           37.87           79.17           49.35          182.29
--------------------------------------------------------------------------------------------------------------------------------------------------------


                               Table 6--Change in NOX and VOC Emissions in the Cleveland Area Between 2011 and 2014 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                NOX                                             VOC
                                                         -----------------------------------------------------------------------------------------------
                                                                                            Net change                                      Net change
                                                               2011            2014         (2011-2014)        2011            2014         (2011-2014)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           61.27           31.81          -29.46           16.37           15.30           -1.07
AIR.....................................................            2.04            2.20            0.16            0.57            0.60            0.03
Non-road................................................           46.29           57.39           11.10           68.56           37.87          -30.69
Area....................................................           38.39           37.01           -1.38           80.85           79.17           -1.68
On-road.................................................          144.36           94.56          -49.80           71.92           49.35          -22.57
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          292.35          222.97          -69.38          238.27          182.29          -55.98
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 6, the Cleveland area reduced NOX and 
VOC emissions by 69.38 TPSD and 55.98 TPSD, respectively, between 2011 
and 2014.
3. Meteorology
    Ohio EPA performed an analysis to further support Ohio's 
demonstration that the improvement in air quality between the year 
violations occurred and the year attainment was achieved is due to 
permanent and enforceable emission reductions and not unusually 
favorable meteorology. Ohio EPA analyzed the maximum 4th high 8-hour 
average ozone values for May, June, July, August, and September for 
years 2000 to 2015. First, the maximum 8-hour average ozone 
concentration at each monitor in the Cleveland area was compared to the 
number of days where the maximum temperature was greater than or equal 
to 80 [deg]F. While there is a clear trend in decreasing ozone 
concentrations at all monitors, there is no such trend in the 
temperature data.
    Ohio EPA also examined the relationship between the average summer 
temperature for each year of the 2000-2015 period and the 4th

[[Page 71453]]

maximum 8-hour average ozone concentration. While there is some 
correlation between average summer temperatures and ozone 
concentrations, this correlation does not exist over the study period. 
The linear regression lines for each data set demonstrate that the 
average summer temperatures have increased, while ozone concentrations 
have decreased. Because the correlation between temperature and ozone 
formation is well established, these data suggest that reductions in 
precursors are responsible for the reductions in ozone concentrations 
in the Cleveland area and not unusually favorable summer temperatures.
    Finally, Ohio EPA analyzed the relationship between average 
summertime relative humidity and average 4th maximum 8-hour average 
ozone concentrations. The data did not show a correlation between 
relative humidity and ozone concentrations.
    Ohio EPA's analyses of meteorological variables associated with 
ozone formation further support Ohio's demonstration that the 
improvement in air quality in the Cleveland area between the year 
violations occurred and the year attainment was achieved is due to 
permanent and enforceable emission reductions and not on unusually 
favorable meteorology.

D. Does Ohio have a fully approvable ozone maintenance plan for the 
Cleveland area?

    As one of the criteria for redesignation to attainment, section 
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has 
a fully approved maintenance plan pursuant to section 175A of the CAA. 
Section 175A of the CAA sets forth the elements of a maintenance plan 
for areas seeking redesignation from nonattainment to attainment. Under 
section 175A, the maintenance plan must demonstrate continued 
attainment of the NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment of the NAAQS will continue for an 
additional 10 years beyond the initial 10 year maintenance period. To 
address the possibility of future NAAQS violations, the maintenance 
plan must contain contingency measures, as EPA deems necessary, to 
assure prompt correction of the future NAAQS violation.
    The Calcagni memorandum provides further guidance on the content of 
a maintenance plan, explaining that a maintenance plan should address 
five elements: (1) An attainment emission inventory; (2) a maintenance 
demonstration; (3) a commitment for continued air quality monitoring; 
(4) a process for verification of continued attainment; and (5) a 
contingency plan. In conjunction with its request to redesignate the 
Cleveland area to attainment for the 2008 ozone standard, Ohio 
submitted a SIP revision to provide for the maintenance of the 2008 
ozone standard through 2030, more than 10 years after the expected 
effective date of the redesignation to attainment. As discussed more 
fully below, EPA proposes to find that Ohio's ozone maintenance plan 
includes the necessary components, and EPA is proposing to approve the 
maintenance plan as a revision of the Ohio SIP.
1. Attainment Inventory
    EPA has determined that the Cleveland area attained the 2008 ozone 
NAAQS based on monitoring data for the period of 2013-2015 (81 FR 
41444). Ohio selected 2014 as the attainment emissions inventory year 
to establish attainment emission levels for VOC and NOX. The 
attainment emissions inventory identifies the levels of emissions in 
the Cleveland area that are sufficient to attain the 2008 ozone NAAQS. 
The derivation of the attainment year emissions was discussed above in 
section IV.C.2. of this proposed rule. The attainment level emissions, 
by source category, are summarized in tables 4 and 5 above.
2. Has the state documented maintenance of the ozone standard in the 
Cleveland area?
    Ohio has demonstrated maintenance of the 2008 ozone standard 
through 2030 by assuring that current and future emissions of VOC and 
NOX for the Cleveland 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 2020 and 2030 to 
demonstrate maintenance. 2030 is more than 10 years after the expected 
effective date of the redesignation to attainment and 2020 was selected 
to demonstrate that emissions are not expected to spike in the interim 
between the attainment year and the final maintenance year. The 
emissions inventories were developed as described below.
    To develop the 2020 and 2030 inventories, the state collected data 
from the Ozone NAAQS Emissions Modeling platform (2011v6.1) inventories 
for years 2011, 2018 and 2025. 2020 emissions for area, non-road 
mobile, AIR, and point source sectors were derived by interpolating 
between 2018 and 2025. 2030 emissions for area, non-road mobile, AIR, 
and point source sectors were derived using the TREND function in 
Excel. If the trend function resulted in a negative value the emissions 
were assumed not to change. Summer day inventories were derived for 
these sectors using the methodology described in section IV.C.2. above. 
Finally, on-road mobile source emissions were developed using the same 
methodology described in section IV.C.2. above for the 2011 inventory. 
Emissions data are shown in Tables 7 through 11 below.

                                Table 7--Cleveland Area Projected NOX Emissions for Interim Maintenance Year 2020 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR          Non-road          Area           On-road          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ashtabula...............................................            1.03            0.00            1.95            3.40            2.28            8.66
Cuyahoga................................................            6.46            2.10           11.00           13.10           17.65           50.31
Geauga..................................................            0.03            0.00            0.90            0.94            2.20            4.07
Lake....................................................            4.93            0.01            3.20            3.82            4.71           16.67
Lorain..................................................            1.95            0.01            3.70            4.35            5.76           15.77
Medina..................................................            0.21            0.02            1.50            1.82            5.85            9.40
Portage.................................................            0.29            0.00            1.39            2.69            3.93            8.30
Summit..................................................            0.75            0.44            3.13            5.08           11.15           20.55
                                                         -----------------------------------------------------------------------------------------------
    Area Totals.........................................           15.65            2.58           26.77           35.20           53.53          133.73
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 71454]]


                                Table 8--Cleveland Area Projected VOC Emissions for Interim Maintenance Year 2020 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR          Non-road          Area           On-road          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ashtabula...............................................            7.07            0.00            4.01            3.66            1.38           16.12
Cuyahoga................................................            2.57            0.49           16.66           31.56           12.18           63.46
Geauga..................................................            0.04            0.00            2.37            3.94            1.45            7.80
Lake....................................................            0.66            0.01            4.56            6.15            2.85           14.23
Lorain..................................................            2.50            0.02            5.36            7.14            3.79           18.81
Medina..................................................            0.62            0.04            2.45            5.03            2.78           10.92
Portage.................................................            0.91            0.00            3.18            5.69            2.39           12.17
Summit..................................................            1.14            0.11            5.09           13.87            6.96           27.17
                                                         -----------------------------------------------------------------------------------------------
    Area Totals.........................................           15.51            0.67           43.68           77.04           33.78          170.68
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                    Table 9--Cleveland Area Projected NOX Emissions for Maintenance Year 2030 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR          Non-road          Area           On-road          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ashtabula...............................................            1.42            0.00            1.36            2.67            1.56            7.01
Cuyahoga................................................            6.06            2.68            7.66           12.03           12.01           40.44
Geauga..................................................            0.03            0.00            0.61            0.95            1.59            3.18
Lake....................................................            4.95            0.01            2.36            3.24            3.25           13.81
Lorain..................................................            1.96            0.01            2.40            3.49            3.86           11.72
Medina..................................................            0.28            0.02            0.79            1.58            4.30            6.97
Portage.................................................            0.29            0.00            0.79            2.15            2.90            6.13
Summit..................................................            0.77            0.58            1.86            4.66            8.62           16.49
                                                         -----------------------------------------------------------------------------------------------
    Area Totals.........................................           15.76            3.30           17.83           30.77           38.09          105.75
--------------------------------------------------------------------------------------------------------------------------------------------------------


                Table 10--Cleveland Area Projected VOC Emissions for Maintenance Year 2030 (TPSD)
----------------------------------------------------------------------------------------------------------------
              County                   Point         AIR        Non-road       Area       On-road       Total
----------------------------------------------------------------------------------------------------------------
Ashtabula.........................         7.15         0.01         2.18         3.58         1.06        13.98
Cuyahoga..........................         2.49         0.60        14.86        30.93         9.37        58.25
Geauga............................         0.04         0.00         2.13         3.87         1.11         7.15
Lake..............................         0.65         0.01         2.77         6.06         2.15        11.64
Lorain............................         2.50         0.03         3.78         6.95         2.86        16.10
Medina............................         0.63         0.04         2.11         4.97         2.22         9.97
Portage...........................         0.89         0.00         2.52         5.61         2.00        11.02
Summit............................         1.10         0.13         4.80        13.62         6.01        25.68
                                   -----------------------------------------------------------------------------
    Area Totals...................        15.47         0.82        35.15        75.59        26.78       153.81
----------------------------------------------------------------------------------------------------------------


                         Table 11--Projected Change in NOX and VOC Emissions in the Cleveland Area Between 2014 and 2030 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          NOX                                                 VOC
                                                 -------------------------------------------------------------------------------------------------------
                                                                                          Net change                                          Net change
                                                      2014         2020         2030     (2014-2030)      2014         2020         2030     (2014-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...........................................        31.81        15.65        15.76       -16.05        15.30        15.51        15.47         0.17
AIR.............................................         2.20         2.58         3.30         1.10         0.60         0.67         0.82         0.22
Non-road........................................        57.39        26.77        17.83       -39.56        37.87        43.68        35.15        -2.72
Area............................................        37.01        35.20        30.77        -6.24        79.17        77.04        75.59        -3.58
Onroad..........................................        94.56        53.53        38.09       -56.47        49.35        33.78        26.78       -22.57
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................       222.97       133.73       105.75      -117.22       182.29       170.68       153.81       -28.48
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In summary, the maintenance demonstration for the Cleveland area 
shows maintenance of the 2008 ozone standard by providing emissions 
information to support the demonstration that future emissions of 
NOX and VOC will remain at or below 2014 emission levels 
when taking into account both future source growth and implementation 
of future controls. In the Cleveland area, NOX and VOC 
emissions are projected to decrease by 117.22 TPSD and 28.48 TPSD, 
respectively, between 2014 and 2030.
3. Continued Air Quality Monitoring
    Ohio has committed to continue to operate the ozone monitors listed 
in Table 1 above. Ohio has committed to consult with EPA prior to 
making changes to the existing monitoring network should changes become 
necessary in the future. Ohio remains

[[Page 71455]]

obligated to meet monitoring requirements and to continue to perform 
quality assurance of monitoring data in accordance with 40 CFR part 58 
and to enter all data into the AQS in accordance with Federal 
guidelines.
4. Verification of Continued Attainment
    The State of Ohio has certified that it has the legal authority to 
enforce and implement the requirements of the maintenance plan for the 
Cleveland area. This includes the authority to adopt, implement, and 
enforce any subsequent emission control measures determined to be 
necessary to correct future ozone attainment problems.
    Verification of continued attainment is accomplished through 
operation of the ambient ozone monitoring network and the periodic 
update of the area's emissions inventory. Ohio will continue to operate 
the current ozone monitors located in the Cleveland area. There are no 
plans to discontinue operation, relocate, or otherwise change the 
existing ozone monitoring network other than through revisions in the 
network approved by the EPA.
    In addition, to track future levels of emissions, Ohio will 
continue to develop and submit to EPA updated emission inventories for 
all source categories at least once every three years, consistent with 
the requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.102. 
The Consolidated Emissions Reporting Rule (CERR) was promulgated by EPA 
on June 10, 2002 (67 FR 39602). The CERR was replaced by the Air 
Emissions Reporting Requirements (AERR) on December 17, 2008 (73 FR 
76539). The most recent triennial inventory for Ohio was compiled for 
2014. Point source facilities covered by Ohio's emission statement 
rule, Ohio Administrative Code, Chapter 3745-24, will continue to 
submit VOC and NOX emissions on an annual basis.
5. What is the maintenance plan for the Cleveland area?
    Section 175A of the CAA requires that the state must adopt a 
maintenance plan, as a SIP revision, that includes such contingency 
measures as EPA deems necessary to assure that the state will promptly 
correct a violation of the NAAQS that occurs after redesignation of the 
area to attainment of the NAAQS. The maintenance plan must identify: 
The contingency measures to be considered and, if needed for 
maintenance, adopted and implemented; a schedule and procedure for 
adoption and implementation; and, a time limit for action by the state. 
The state should also identify specific indicators to be used to 
determine when the contingency measures need to be considered, adopted, 
and implemented. The maintenance plan must include a commitment that 
the state will implement all measures with respect to the control of 
the pollutant that were contained in the SIP before redesignation of 
the area to attainment in accordance with section 175A(d) of the CAA.
    As required by section 175A of the CAA, Ohio has adopted a 
maintenance plan for the Cleveland area including contingency measures 
to address possible future ozone air quality problems. The specific 
indicators adopted by Ohio to be used to determine when the contingency 
measures need to be considered have two levels of response, a warning 
level response and an action level response.
    In Ohio's plan, a warning level response will be triggered when an 
annual 4th high 8-hour average ozone monitored value of 0.079 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 10 months from 
the conclusion of the most recent ozone season.
    In Ohio's plan, an action level response is triggered when a two-
year average of the annual 4th high 8-hour average ozone concentrations 
is 0.076 ppm or greater is monitored within the maintenance area. A 
violation of the standard within the maintenance area also triggers an 
action level response. When an action level response is triggered, Ohio 
EPA, in conjunction with the metropolitan planning organization or 
regional council of governments, will determine what additional control 
measures are needed to assure future attainment of the ozone standard. 
Control measures selected will be adopted and implemented within 18 
months from the close of the ozone season that prompted the action 
level. Ohio EPA may 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 an adequate 
contingency measure response.
    Ohio EPA included the following list of potential contingency 
measures in its maintenance plan:
    1. Tighten VOC RACT on existing sources covered by EPA Control 
Technique Guidelines issued after the 1990 CAA.
    2. Apply VOC RACT to smaller existing sources.
    3. One or more transportation control measures sufficient to 
achieve at least half a percent reduction in actual area-wide VOC 
emissions. Transportation measures will be selected from the following, 
based upon the factors listed above, after consultation with affected 
local governments:
    a. Trip reduction programs, including, but not limited to, 
employer-based transportation management plans, area wide rideshare 
programs, work schedule changes, and telecommuting;
    b. traffic flow and transit improvements; and
    c. other new or innovative transportation measures, not yet in 
widespread use, that affected local governments deem appropriate.
    4. Alternative fuel and diesel retrofit programs for fleet vehicle 
operations.
    5. Require VOC or NOX emission offsets for new and 
modified major sources.
    6. Increase the ratio of emission offsets required for new sources.
    7. Require VOC or NOX controls on new minor sources 
(less than 100 tons).
    8. Adopt additional NOX RACT for existing combustion 
sources.
    EPA finds 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 contingency measures. In addition, as 
required by section 175A(b) of the CAA, Ohio has committed to submit to 
EPA an updated ozone maintenance plan eight years after redesignation 
of the Cleveland area to cover an additional ten years beyond the 
initial 10 year maintenance period. Thus, EPA proposes to find that the 
maintenance plan SIP revision submitted by Ohio for the Cleveland area 
meets the requirements of section 175A of the CAA.

V. Has the state adopted approvable Motor Vehicle Emission Budgets 
(MVBEs)?

A. MVEBs

    Under section 176(c) of the CAA, new transportation plans, 
programs, or projects that receive Federal funding or

[[Page 71456]]

support, such as the construction of new highways, must ``conform'' to 
(i.e., be consistent with) the SIP. Conformity to the SIP means that 
transportation activities will not cause new air quality violations, 
worsen existing air quality problems, or delay timely attainment of the 
NAAQS or interim air quality milestones. Regulations at 40 CFR part 93 
set forth criteria and procedures for demonstrating and assuring 
conformity of transportation activities to a SIP. Transportation 
conformity is a requirement for nonattainment and maintenance areas. 
Maintenance areas are areas that were previously nonattainment for a 
particular NAAQS, but that have been redesignated to attainment with an 
approved maintenance plan for the NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs for nonattainment areas and maintenance plans for 
areas seeking redesignations to attainment of the ozone standard and 
maintenance areas. See the SIP requirements for the 2008 ozone standard 
in EPA's March 6, 2015 implementation rule (80 FR 12264). These control 
strategy SIPs (including RFP plans and attainment plans) and 
maintenance plans must include MVEBs for criteria pollutants, including 
ozone, and their precursor pollutants (VOC and NOX for 
ozone) to address pollution from on-road transportation sources. The 
MVEBs are the portion of the total allowable emissions that are 
allocated to highway and transit vehicle use that, together with 
emissions from other sources in the area, will provide for attainment 
or maintenance. See 40 CFR 93.101.
    Under 40 CFR part 93, an MVEB for an area seeking a redesignation 
to attainment must be established, at minimum, for the last year of the 
maintenance plan. A state may adopt MVEBs for other years as well. The 
MVEB serves as a ceiling on emissions from an area's planned 
transportation system. The MVEB concept is further explained in the 
preamble to the November 24, 1993, Transportation Conformity Rule (58 
FR 62188). The preamble also describes how to establish the MVEB in the 
SIP and how to revise the MVEB, if needed, subsequent to initially 
establishing a MVEB in the SIP.

B. What is the status of EPA's adequacy determination for the proposed 
VOC and NOX MVEBs for the Cleveland area?

    When reviewing submitted control strategy SIPs or maintenance plans 
containing MVEBs, EPA must affirmatively find that the MVEBs contained 
therein are adequate for use in determining transportation conformity. 
Once EPA affirmatively finds that the submitted MVEBs are adequate for 
transportation purposes, the MVEBs must be used by state and Federal 
agencies in determining whether proposed transportation projects 
conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: Public notification of a SIP submission; 
provision for a public comment period; and EPA's adequacy 
determination. This process for determining the adequacy of submitted 
MVEBs for transportation conformity purposes was initially outlined in 
EPA's May 14, 1999, guidance, ``Conformity Guidance on Implementation 
of March 2, 1999, Conformity Court Decision.'' EPA adopted regulations 
to codify the adequacy process in the Transportation Conformity Rule 
Amendments for the ``New 8-Hour Ozone and PM2.5 National 
Ambient Air Quality Standards and Miscellaneous Revisions for Existing 
Areas; Transportation Conformity Rule Amendments--Response to Court 
Decision and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). 
Additional information on the adequacy process for transportation 
conformity purposes is available in the proposed rule titled, 
``Transportation Conformity Rule Amendments: Response to Court Decision 
and Additional Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed above, Ohio's maintenance plan includes NOX 
and VOC MVEBs for the Cleveland area for 2030 and 2020, the last year 
of the maintenance period and the interim year, respectively. EPA 
reviewed the VOC and NOX MVEBs through the adequacy process. 
Ohio's April 21, 2016, maintenance plan SIP submission, including the 
Cleveland area VOC and NOX MVEBs was open for public comment 
on EPA's adequacy Web site on July 22, 2016, found at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public 
comment period on adequacy of the 2020 and 2030 MVEBs for the Cleveland 
area closed on August 22, 2016. No comments on the submittal were 
received during the adequacy comment period. The submitted maintenance 
plan, which included the MVEBs, was endorsed by the Director of the 
Ohio EPA and was subject to a state public hearing held on June 27, 
2016, in Cleveland, Ohio. Ohio EPA received no comments during this 
public hearing. The MVEBS were developed as part of an interagency 
consultation process which includes Federal, state, and local agencies. 
The MVEBS were clearly identified and precisely quantified. These 
MVEBs, when considered together with all other emissions sources, are 
consistent with maintenance of the 2008 ozone standard.

                                                      Table 12--MVEBs for the Cleveland Area, TPSD
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Attainment         2020                                            2030
                                           year 2014 on-  Estimated  on-    2020 Mobile                    Estimated on-    2030 Mobile
                                               road            road        safety margin    2020 MVEBs         road        safety margin    2030 MVEBs
                                             emissions       emissions      allocation                       emissions      allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC.....................................           49.35           33.78            5.07           38.85           26.78            4.02           30.80
NOX.....................................           94.56           53.53            8.03           61.56           38.10            5.72           43.82
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 12, the 2020 and 2030 MVEBs exceed the estimated 
2020 and 2030 on-road sector emissions. In an effort to accommodate 
future variations in travel demand models and vehicle miles traveled 
forecast, Ohio EPA allocated a portion of the safety margin (described 
further below) to the mobile sector. Ohio has demonstrated that the 
Cleveland area can maintain the 2008 ozone NAAQS with mobile source 
emissions in the area of 38.85 TPSD and 30.80 TPSD of VOC and 61.56 
TPSD and 43.82 TPSD of NOX in 2020 and 2030, respectively, 
since despite partial allocation of the safety margin, emissions will 
remain under attainment year emission levels. EPA, has found adequate 
and is proposing to approve the MVEBs for use to determine 
transportation conformity in the Cleveland area, because EPA has 
determined that the area can maintain attainment of the 2008 ozone 
NAAQS

[[Page 71457]]

for the relevant maintenance period with mobile source emissions at the 
levels of the MVEBs.

C. 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 11, the 
emissions in the Cleveland area are projected to have safety margins of 
117.22 TPSD for NOX and 28.48 TPSD for VOC in 2030 (the 
total net change between the attainment year, 2014, emissions and the 
projected 2030 emissions for all sources in the Cleveland area). 
Similarly, there is a safety margin of 89.24 TPSD for NOX 
and 11.61 TPSD for VOC in 2020. Even if emissions reached the full 
level of the safety margin, the counties would still demonstrate 
maintenance since emission levels would equal those in the attainment 
year.
    As shown in Table 12 above, Ohio is allocating a portion of that 
safety margin to the mobile source sector. Specifically, in 2020, Ohio 
is allocating 5.07 TPSD and 8.03 TPSD of the VOC and NOX 
safety margins, respectively. In 2030, Ohio is allocating 4.02 TPSD and 
5.72 TPSD of the VOC and NOX safety margins, respectively. 
Ohio EPA is not requesting allocation to the MVEBs of the entire 
available safety margins reflected in the demonstration of maintenance. 
In fact, the amount allocated to the MVEBs represents only a small 
portion of the 2020 and 2030 safety margins. Therefore, even though the 
State is requesting MVEBs that exceed the projected on-road mobile 
source emissions for 2020 and 2030 contained in the demonstration of 
maintenance, the increase in on-road mobile source emissions that can 
be considered for transportation conformity purposes is well within the 
safety margins of the ozone maintenance demonstration. Further, once 
allocated to mobile sources, these safety margins will not be available 
for use by other sources.

VI. Proposed Actions

    EPA is proposing to determine that the Cleveland 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 area from nonattainment to attainment for 
the 2008 ozone standard. EPA is also proposing to approve, as a 
revision to the Ohio SIP, the state's maintenance plan for the area. 
The maintenance plan is designed to keep the Cleveland area in 
attainment of the 2008 ozone NAAQS through 2030. Finally, EPA finds 
adequate and is proposing to approve the newly-established 2020 and 
2030 MVEBs for the Cleveland area.

VII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (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 CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, this rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because 
redesignation is an action that affects the status of a geographical 
area and does not impose any new regulatory requirements on tribes, 
impact any existing sources of air pollution on tribal lands, nor 
impair the maintenance of ozone NAAQS in tribal lands.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

    Dated: October 5, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-24914 Filed 10-14-16; 8:45 am]
 BILLING CODE P


