[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Proposed Rules]
[Pages 32678-32682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14246]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0216; FRL-9996-09-Region 5]


Air Plan Approval; Ohio; Second Maintenance Plan for 1997 Ozone 
NAAQS; Dayton-Springfield

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve under the Clean Air Act (CAA), as a revision to the Ohio State 
Implementation Plan (SIP), the State's plan for maintaining the 1997 
ozone National Ambient Air Quality Standard (NAAQS or standard) through 
2028 in the Dayton-Springfield area. The Dayton-Springfield area 
consists of Clark, Greene, Miami and Montgomery Counties. The Ohio 
Environmental Protection Agency (Ohio EPA) submitted this SIP revision 
to EPA on April 12, 2019.

DATES: Comments must be received on or before August 8, 2019.

ADDRESSES: Submit your comments, identified by Docket No. EPA-EPA-R05-
OAR-2019-0216 at https://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 (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, 
dagostino.kathleen@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we'', 
``us'', and ``our'' refer to the EPA.

Table of Contents

I. Summary of EPA's Proposed Action
II. Background
III. EPA's Evaluation of Ohio's SIP Submittal
    A. Second Maintenance Plan
    B. Transportation Conformity
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Summary of EPA's Proposed Action

    EPA is proposing to approve, as a revision to the Ohio SIP, an 
updated 1997 ozone NAAQS maintenance plan for the Dayton-Springfield 
area. The maintenance plan is designed to keep the Dayton-Springfield 
area in attainment of the 1997 ozone NAAQS through 2028.

II. Background

    Ground-level ozone is formed when oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) react in the 
presence of sunlight. These two pollutants are referred to as ozone 
precursors. Scientific evidence indicates that adverse public health 
effects occur following exposure to ozone.
    In 1979, under section 109 of the Clean Air Act (CAA), EPA 
established primary and secondary NAAQS for ozone at 0.12 parts per 
million (ppm), averaged over a 1-hour period. 44 FR 8202 (February 8, 
1979). On July 18, 1997, EPA revised the primary and secondary NAAQS 
for ozone to set the acceptable level of ozone in the ambient air at 
0.08 ppm, averaged over an 8-hour period. 62 FR 38856 (July 18, 
1997).\1\ EPA set the 8-hour ozone NAAQS based on scientific evidence 
demonstrating that ozone causes adverse health effects at lower 
concentrations and over longer periods of time than was understood when 
the pre-existing 1-hour ozone NAAQS was set.
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    \1\ In March 2008, EPA completed another review of the primary 
and secondary ozone standards and tightened them further by lowering 
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 
Additionally, in October 2015, EPA completed a review of the primary 
and secondary ozone standards and tightened them by lowering the 
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
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    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the nation as attaining or not 
attaining the NAAQS. On April 15, 2004 (69 FR 23857), EPA designated 
the Dayton-Springfield as nonattainment for the 1997 ozone NAAQS, and 
the designations became effective on June 15, 2004. Under the CAA, 
states are also required to adopt and submit SIPs to implement, 
maintain, and enforce the NAAQS in designated nonattainment areas and 
throughout the state.
    When a nonattainment area has three years of complete, certified 
air quality data that has been determined to attain the 1997 ozone 
NAAQS, and the area has met other required criteria described in 
section 107(d)(3)(E) of the CAA, the state can submit to EPA a request 
to be redesignated to attainment, referred to as a ``maintenance 
area''.\2\
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    \2\ Section 107(d)(3)(E) of the CAA sets out the requirements 
for redesignation. They include attainment of the NAAQS, full 
approval under section 110(k) of the applicable SIP, determination 
that improvement in air quality is a result of permanent and 
enforceable reductions in emissions, demonstration that the state 
has met all applicable section 110 and part D requirements, and a 
fully approved maintenance plan under CAA section 175A.
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    One of the criteria for redesignation is to have an approved 
maintenance plan under CAA section 175A. The maintenance plan must 
demonstrate that the area will continue to maintain the standard for 
the period extending 10 years after redesignation, and it must contain 
such additional measures as necessary to ensure maintenance and

[[Page 32679]]

such contingency provisions as necessary to assure that violations of 
the standard will be promptly corrected. At the end of the eighth year 
after the effective date of the redesignation, the state must also 
submit a second maintenance plan to ensure ongoing maintenance of the 
standard for an additional 10 years. CAA section 175A.
    EPA has published long-standing guidance for states on developing 
maintenance plans.\3\ The Calcagni Memorandum provides that states may 
generally demonstrate maintenance by either performing air quality 
modeling to show that the future mix of sources and emission rates will 
not cause a violation of the NAAQS or by showing that future emissions 
of a pollutant and its precursors will not exceed the level of 
emissions during a year when the area was attaining the NAAQS (i.e., 
attainment year inventory). See Calcagni Memorandum at 9.
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    \3\ ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (the ``Calcagni 
Memorandum'').
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    On November 6, 2006, Ohio EPA submitted to EPA a request to 
redesignate the Dayton-Springfield area to attainment for the 1997 
ozone NAAQS.\4\ This submittal included, as a revision to the Ohio SIP, 
a plan to provide for maintenance of the 1997 ozone NAAQS in the 
Dayton-Springfield area through 2018. EPA approved the Dayton-
Springfield area maintenance plan and redesignated the area to 
attainment for the 1997 ozone NAAQS on August 13, 2007 (72 FR 
45169).\5\
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    \4\ Ohio EPA supplemented this submittal on November 6, 2006, 
December 4, 2006, December 13, 2006, January 11, 2007, March 9, 
2007, March 27, 2007 and May 31, 2007.
    \5\ On February 11, 2013, Ohio EPA submitted a revision to the 
original maintenance plan, replacing onroad emissions estimates and 
MVEBs derived using the MOBILE6.2 model with onroad emissions 
estimates and MVEBs derived using the MOVES2010a model. EPA approved 
this revision to Ohio's SIP on October 24, 2013 (78 FR 63388).
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    Under CAA section 175A(b), states must submit a revision to the 
first maintenance plan eight years after redesignation to provide for 
maintenance of the NAAQS for ten additional years following the end of 
the first 10-year period. EPA's final implementation rule for the 2008 
ozone NAAQS revoked the 1997 ozone NAAQS and provided that one 
consequence of revocation was that areas that had been redesignated to 
attainment (i.e., maintenance areas) for the 1997 standard no longer 
needed to submit second 10-year maintenance plans under CAA section 
175A(b).\6\ However, in South Coast Air Quality Management District v. 
EPA \7\ (South Coast II), the D.C. Circuit vacated EPA's interpretation 
that, because of the revocation of the 1997 ozone standard, second 
maintenance plans were not required for ``orphan maintenance areas,'' 
i.e., areas that had been redesignated to attainment for the 1997 NAAQS 
and were designated attainment for the 2008 ozone NAAQS. Thus, states 
with these ``orphan maintenance areas'' under the 1997 ozone NAAQS must 
submit maintenance plans for the second maintenance period. 
Accordingly, on April 12, 2019, Ohio submitted a second maintenance 
plan for the Dayton-Springfield area that shows that the area is 
expected to remain in attainment of the 1997 ozone NAAQS through 2028, 
i.e., through the end of the full 20-year maintenance period.
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    \6\ See 80 FR 12315 (March 6, 2015).
    \7\ 882 F.3d 1138 (D.C. Cir. 2018).
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III. EPA's Evaluation of Ohio's SIP Submittal

A. Second Maintenance Plan

    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.
    On April 12, 2019, Ohio EPA submitted, as a SIP revision, a plan to 
provide for maintenance of the 1997 ozone standard in the Dayton-
Springfield area through 2028, more than 20 years after the effective 
date of the redesignation to attainment. As discussed below, EPA finds 
that Ohio's second maintenance plan includes the necessary components 
and proposes approve the maintenance plan as a revision to the Ohio 
SIP.
1. Attainment Inventory
    The CAA section 175A maintenance plan approved by EPA for the first 
10-year period included an attainment inventory for the Dayton-
Springfield area that reflects typical summer day VOC and 
NOX emissions in 2005. This inventory is summarized in Table 
1 below.

     Table 1--Dayton-Springfield Area Typical Summer Day VOC and NOX
        Emissions for Attainment Year 2005 in Tons per Day (tpd)
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             Source category                    VOC             NOX
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Nonroad.................................           12.16           84.66
Onroad..................................           55.37           20.24
Point...................................            3.45           36.64
Area....................................           46.23            4.65
                                         -------------------------------
    Total...............................          115.21          146.19
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    In addition, because the Dayton-Springfield area continued to 
monitor attainment of the 1997 ozone NAAQS in 2014, this is also an 
appropriate year to use for an attainment year inventory. Ohio EPA is 
using 2014 summer day emissions from EPA 2014 version 7.0 modeling 
platform as the basis for the attainment inventory presented in Table

[[Page 32680]]

2 below.\8\ These data are based on the most recently available 
National Emissions Inventory (2014 NEI version 2).
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    \8\ The inventory documentation for this platform can be found 
here: https://www.epa.gov/air-emissions-modeling/2014-version-70-platform.

     Table 2--Dayton-Springfield Area Typical Summer Day VOC and NOX
                Emissions for Attainment Year 2014 (tpd)
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             Source category                    VOC             NOX
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Nonroad.................................            8.99           10.18
Onroad..................................           19.64           37.51
Point...................................            2.24            4.25
Area....................................           34.14            7.18
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    Total...............................           65.01           59.12
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2. Maintenance Demonstration
    Ohio EPA is demonstrating maintenance through 2028 by showing that 
future emissions of VOC and NOX for the Dayton-Springfield 
area remain at or below attainment year emission levels. 2028 is an 
appropriate maintenance year because it is more than 10 years beyond 
the first 10-year maintenance period. The 2028 emissions inventory is 
projected from the EPA 2011 version 6.3 modeling platform.\9\ The 
relevant inventory scenario names are ``2014fd'' and ``2028el.'' The 
2028 scenario was used to support past air quality modeling to support 
the regional haze program. The 2028 summer day emissions inventory for 
the Dayton-Springfield, OH area is summarized in Table 3 below. Table 4 
documents changes in NOX and VOC emissions in the Dayton-
Springfield area between 2005, 2014 and 2028.
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    \9\ The inventory documentation for this platform can be found 
here: https://www.epa.gov/air-emissions-modeling/2011-version-63-platform.

     Table 3--Dayton-Springfield Area Typical Summer Day VOC and NOX
                Emissions for Maintenance Year 2028 (tpd)
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             Source category                    VOC             NOX
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Nonroad.................................            7.64            4.57
Onroad..................................            6.09           11.36
Point...................................            2.65            6.39
Area....................................           24.73           10.39
                                         -------------------------------
    Total...............................           41.11           32.71
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                 Table 4--Change in Typical Summer Day VOC and NOX Emissions in the Dayton-Springfield Area Between 2005, 2014, and 2028
                                                                          [tpd]
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                                                           VOC                                                           NOX
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       Source category                                             Net Change   Net Change                                       Net Change   Net Change
                                 2005        2014        2028     (2005-2028)  (2014-2028)     2005        2014        2028     (2005-2028)  (2014-2028)
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Nonroad.....................       12.16        8.99        7.64        -4.52        -1.35       84.66       10.18        4.57       -80.09        -5.61
Onroad......................       55.37       19.64        6.09       -49.28       -13.55       20.24       37.51       11.36        -8.88       -26.15
Point.......................        3.45        2.24        2.65        -0.80         0.41       36.64        4.25        6.39       -30.25         2.14
Area........................       46.23       34.14       24.73       -21.50        -9.41        4.65        7.18       10.39         5.74         3.21
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    Total...................      115.21       65.01       41.11       -74.10       -23.90      146.19       59.12       32.71      -113.48       -26.41
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    In summary, the maintenance demonstration for the Dayton-
Springfield area shows maintenance of the 1997 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. Table 4 shows VOC and NOX 
emissions in the Dayton-Springfield area are projected to decrease by 
23.90 tpd and 26.41 tpd, respectively, between 2014 and 2028.
3. Continued Air Quality Monitoring
    Ohio EPA has committed to continue to operate an approved ozone 
monitoring network in the Dayton-Springfield, OH area. Ohio EPA has 
committed to consult with EPA prior to making changes to the existing 
monitoring network should changes become necessary in the future. Ohio 
EPA remains obligated to meet monitoring requirements and continue to 
quality assure monitoring data in accordance with 40 CFR part 58, and 
to enter all data into the Air Quality System (AQS) in accordance with 
Federal guidelines.
4. Verification of Continued Attainment
    The State of Ohio has confirmed that it has the legal authority to 
enforce and implement the requirements of the maintenance plan for the 
Dayton-Springfield area. This includes the

[[Page 32681]]

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 EPA has committed to 
continue to operate an approved ozone monitoring network in the Dayton-
Springfield, OH area. Ohio will not discontinue operation, relocate, or 
otherwise change the existing ozone monitoring network other than 
through revisions in the network approved by EPA.
    In addition, to track future levels of emissions, Ohio EPA has 
committed to continue to develop and submit to EPA updated emission 
inventories for all source categories at least once every three years, 
consistent with the requirements of 40 CFR part 51, subpart A, and in 
40 CFR 51.122. The Consolidated Emissions Reporting Rule (CERR) was 
promulgated by EPA on June 10, 2002 (67 FR 39602). The CERR was 
replaced by the Annual Emissions Reporting Requirements (AERR) on 
December 17, 2008 (73 FR 76539).
5. Contingency Plan
    Section 175A of the CAA requires that the state must adopt a 
maintenance plan, as a SIP revision, that includes such contingency 
measures as EPA deems necessary to assure that the state will promptly 
correct a violation of the NAAQS that occurs after redesignation of the 
area to attainment of the NAAQS. The maintenance plan must identify: 
The contingency measures to be considered and, if needed for 
maintenance, adopted and implemented; a schedule and procedure for 
adoption and implementation; and, a time limit for action by the state. 
The state should also identify specific indicators to be used to 
determine when the contingency measures need to be considered, adopted, 
and implemented. The maintenance plan must include a commitment that 
the state will implement all measures with respect to the control of 
the pollutant that were contained in the SIP before redesignation of 
the area to attainment in accordance with section 175A(d) of the CAA.
    As required by section 175A of the CAA, Ohio has adopted a 
contingency plan for the Dayton-Springfield area to address possible 
future ozone air quality problems. The contingency plan adopted by Ohio 
has two levels of response, a warning level response and an action 
level response.
    In Ohio's plan, a warning level response will be triggered when an 
annual fourth high monitored value of 0.088 ppm or higher is monitored 
within the maintenance area. A warning level response will consist of 
Ohio EPA conducting a study to determine whether the ozone value 
indicates a trend toward higher ozone values or whether emissions 
appear to be increasing. The study will evaluate whether the trend, if 
any, is likely to continue and, if so, the control measures necessary 
to reverse the trend. The study will consider ease and timing of 
implementation as well as economic and social impacts. Implementation 
of necessary controls in response to a warning level response trigger 
will take place within 12 months from the conclusion of the most recent 
ozone season.
    In Ohio's plan, an action level response is triggered when a two-
year average fourth high value of 0.084 ppm or greater is monitored 
within the maintenance area. A violation of the 1997 ozone standard 
within the maintenance area also triggers an action level response. In 
the event that the action level is triggered and is not found to be due 
to an exceptional event, malfunction, or noncompliance with a permit 
condition or rule requirement, 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. Adopt VOC reasonably available control technology (RACT) on 
existing sources covered by EPA Control Technique Guidelines issued 
after the 1990 CAA.
    2. Apply VOC RACT to smaller existing sources.
    3. One or more transportation control measures sufficient to 
achieve at least half a percent reduction in actual area wide VOC 
emissions. Transportation measures will be selected from the following, 
based upon the factors listed above after consultation with affected 
local governments:
    a. Trip reduction programs, including, but not limited to, 
employer-based transportation management plans, area wide rideshare 
programs, work schedule changes, and telecommuting;
    b. traffic flow and transit improvements; and
    c. other new or innovative transportation measures not yet in 
widespread use that affected local governments deem appropriate.
    4. Alternative fuel and diesel retrofit programs for fleet vehicle 
operations.
    5. Require VOC or NOX emission offsets for new and 
modified major sources.
    6. Increase the ratio of emission offsets required for new sources.
    7. Require VOC or NOX controls on new minor sources 
(less than 100 tons).
    8. Adopt NOX RACT for existing combustion sources.
    9. High volume, low pressure coating application requirements for 
autobody facilities.
    10. Requirements for cold cleaner degreaser operations (low vapor 
pressure solvents).
    To qualify as a contingency measure, emissions reductions from that 
measure must not be factored into the emissions projections used in the 
maintenance plan.
    EPA has concluded that Ohio's maintenance plan adequately addresses 
the five basic components of a maintenance plan: Attainment inventory, 
maintenance demonstration, monitoring network, verification of 
continued attainment, and a contingency plan. Thus, EPA finds that the 
maintenance plan SIP revision submitted by Ohio EPA for the Dayton-
Springfield area meets the requirements of section 175A of the CAA and 
proposed to approve it as a revision to the Ohio SIP.

B. Transportation Conformity

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's 
conformity rule at 40 CFR part 93 requires that transportation plans, 
programs and projects conform to SIPs and establish the criteria and 
procedures for determining whether they conform. The conformity rule 
generally requires a demonstration that emissions from the Regional 
Transportation Plan (RTP) and the Transportation Improvement Program 
(TIP) are consistent with the motor vehicle emissions budget (MVEB) 
contained in the control strategy SIP

[[Page 32682]]

revision or maintenance plan (40 CFR 93.101, 93.118, and 93.124). A 
MVEB is defined as ``that portion of the total allowable emissions 
defined in the submitted or approved control strategy implementation 
plan revision or maintenance plan for a certain date for the purpose of 
meeting reasonable further progress milestones or demonstrating 
attainment or maintenance of the NAAQS, for any criteria pollutant or 
its precursors, allocated to highway and transit vehicle use and 
emissions'' (40 CFR 93.101).
    The South Coast II court decision upheld EPA's revocation of the 
1997 ozone NAAQS, which was effective on April 6, 2015. EPA's current 
transportation conformity regulation requires a regional emissions 
analysis only during the time period beginning one year after a 
nonattainment designation for a particular NAAQS until the effective 
date of revocation of that NAAQS (40 CFR 93.109(c)). Therefore, 
pursuant to the conformity regulation, a regional emissions analysis 
using MVEBs is not required for conformity determinations for the 1997 
ozone NAAQS because that NAAQS has been revoked (80 FR 12264). As no 
regional emissions analysis is required for the Dayton-Springfield 
area, transportation conformity for the 1997 ozone NAAQS can be 
demonstrated by an MPO and DOT for transportation plans and TIPs by 
showing that the remaining criteria contained in Table 1 in 40 CFR 
93.109, and 40 CFR 93.108 have been met.

IV. Proposed Action

    Under sections 110(k) and 175A of the CAA and for the reasons set 
forth above, and based on Ohio's representations and commitments set 
forth above, EPA is proposing to approve the Dayton-Springfield area 
second maintenance plan for the 1997 ozone NAAQS, submitted by Ohio EPA 
on April 12, 2019, as a revision to the Ohio SIP. The second 
maintenance plan is designed to keep the Dayton-Springfield area in 
attainment of the 1997 ozone NAAQS through 2028.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because it is not a significant regulatory 
action under Executive Order 12866;
     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 disproportionate human health or environmental effects with 
practical, appropriate, 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, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: June 20, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-14246 Filed 7-8-19; 8:45 am]
 BILLING CODE 6560-50-P


