[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Proposed Rules]
[Pages 31814-31826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14154]



[[Page 31814]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2019-0239; FRL-9995-66-Region 5]


Air Plan Approval; Ohio; Redesignation of the Columbus, Ohio Area 
to Attainment of the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to find 
that the Columbus, Ohio area is attaining the 2015 ozone National 
Ambient Air Quality Standard (NAAQS or standard) and to act in 
accordance with a request from the Ohio Environmental Protection Agency 
(Ohio EPA) to redesignate the area to attainment for the 2015 ozone 
NAAQS because the request meets the statutory requirements for 
redesignation under the Clean Air Act (CAA). The Columbus area includes 
Delaware, Fairfield, Franklin, and Licking Counties. Ohio EPA submitted 
this request on April 23, 2019. EPA is also proposing to approve, as a 
revision to the Ohio State Implementation Plan (SIP), the State's plan 
for maintaining the 2015 ozone NAAQS through 2030 in the Columbus area. 
Finally, EPA finds adequate and is proposing to approve Ohio's 2023 and 
2030 volatile organic compound (VOC) and oxides of nitrogen 
(NOX) Motor Vehicle Emission Budgets (MVEBs) for the 
Columbus area.

DATES: Comments must be received on or before August 2, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0239 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 (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 whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is EPA 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 Columbus area attained the 2015 8-hour ozone NAAQS?
    B. Has Ohio met all applicable requirements of section 110 and 
part D of the CAA for the Columbus area, and does Ohio have a fully 
approved SIP for the area under section 110(k) of the CAA?
    C. Are the air quality improvements in the Columbus area due to 
permanent and enforceable emission reductions?
    D. Does Ohio have a fully approvable ozone maintenance plan for 
the Columbus area?
V. Has the state adopted approvable motor vehicle emission budgets?
    A. Motor Vehicle Emission Budgets
    B. What is the status of EPA's adequacy determination for the 
proposed VOC and NOX MVEBs for the Columbus area?
    C. What is a safety margin?
VI. Proposed Actions
VII. Statutory and Executive Order Reviews

I. What is EPA proposing?

    EPA is proposing to take several related actions. EPA is proposing 
to determine that the Columbus nonattainment area is attaining the 2015 
ozone NAAQS, based on quality-assured and certified monitoring data for 
2016-2018 and that this area has met the requirements for redesignation 
under section 107(d)(3)(E) of the CAA. EPA is thus proposing to change 
the legal designation of the Columbus area from nonattainment to 
attainment for the 2015 ozone NAAQS. 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 
Columbus area in attainment of the 2015 ozone NAAQS through 2030. 
Finally, EPA finds adequate and is proposing to approve the newly-
established 2023 and 2030 MVEBs for the Columbus area. The comment 
period for the adequacy of the MVEBs began on May 2, 2019, with EPA's 
posting of the availability of the submittal on EPA's Adequacy website 
(at https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa). The comment 
period ended on June 1, 2019. EPA did not receive any requests for this 
submittal, or adverse comments on this adequacy submittal. In a letter 
dated June 5, 2019, EPA informed Ohio EPA that we found the 2023 and 
2030 MVEBs to be adequate for use in transportation conformity 
analyses. Please 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 Columbus area,'' for further explanation 
of this process. Based on the above, we find adequate, and are 
proposing to approve, the State's 2023 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 October 1, 2015, EPA promulgated a revised 8-hour ozone 
NAAQS of 0.070 parts per million (ppm). See 80 FR 65292 (October 26, 
2015). Under EPA's regulations at 40 CFR part 50, the 2015 ozone NAAQS 
is attained in an area when the 3-year average of the annual fourth 
highest daily maximum 8-hour average concentration is equal to or less 
than 0.070 ppm, when truncated after the thousandth decimal place, at 
all of the ozone monitoring sites in the area. See 40 CFR 50.19 and 
appendix U 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 3 years of quality 
assured ozone monitoring data. The Columbus area was designated as a 
marginal nonattainment area for the 2015 ozone NAAQS on June 4, 2018 
(83 FR 25776) (effective August 3, 2018).

III. What are the criteria for redesignation?

    Section 107(d)(3)(E) of the CAA allows redesignation of an area to

[[Page 31815]]

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;
    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; 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 Columbus area attained the 2015 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 2015 
ozone NAAQS if it meets the 2015 ozone NAAQS, as determined in 
accordance with 40 CFR 50.15 and appendix U of part 50, based on 3 
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 fourth-highest daily maximum 8-hour average 
ozone concentrations (ozone design values) at each monitor must not 
exceed 0.070 ppm. 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,\1\ 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 4 of appendix U to 40 CFR part 
50.
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    \1\ The ozone season is defined by state in 40 CFR 58 appendix 
D. The ozone season for Ohio is March-October. See, 80 FR 65292, 
65466-67 (October 26, 2015).
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    EPA has reviewed the available ozone monitoring data from 
monitoring sites in the Columbus area for the 2016-2018 period. These 
data have been quality assured, are recorded in the AQS, and have been 
certified. These data demonstrate that the Columbus area is attaining 
the 2015 ozone NAAQS. The annual fourth-highest 8-hour ozone 
concentrations and the 3-year average of these concentrations 
(monitoring site ozone design values) for each monitoring site are 
summarized in Table 1.

   Table 1--Annual Fourth High Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth High
                         Daily Maximum 8-Hour Ozone Concentrations for the Columbus Area
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                                                                                    Fourth high      2016-2018
             County                   Monitor          Year         % Observed         (ppm)       average (ppm)
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Delaware........................     39-041-0002            2016              98           0.067           0.064
                                                            2017              99           0.060
                                                            2018              99           0.066
Franklin........................     39-049-0029            2016              99           0.072           0.069
                                                            2017             100           0.070
                                                            2018             100           0.066

[[Page 31816]]

 
                                     39-049-0037            2016              97           0.067             N/A
                                                            2017              99           0.066
                                                            2018               *  ..............
                                     39-049-0081            2016             100           0.071           0.066
                                                            2017              99           0.064
                                                            2018             100           0.063
Licking.........................     39-089-0005            2016              99           0.067           0.064
                                                            2017             100           0.065
                                                            2018              99           0.061
                                     39-089-0008            2016  ..............  ..............             N/A
                                  ..............            2017              **  ..............
                                  ..............            2018              99           0.064
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* Site terminated effective 12/31/17. The 2014-2016 and 2015-2017 design values at the site were 0.066 and
  0.065, respectively.
** Site began operation 3/1/18.

    The Columbus area's 3-year ozone design value for 2016-2018 is 
0.069 ppm,\2\ which meets the 2015 ozone NAAQS. Therefore, in today's 
action, EPA proposes to determine that the Columbus area is attaining 
the 2015 ozone NAAQS.
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    \2\ The monitor ozone design value for the monitor with the 
highest 3-year averaged concentration.
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    EPA will not take final action to determine that the Columbus area 
is attaining the NAAQS nor to approve the redesignation of this area if 
the design value of a monitoring site in the area violates the NAAQS 
after proposal but prior to final approval of the redesignation. 
Preliminary 2019 data to date indicate that this area continues to 
attain the 2015 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 2015 ozone NAAQS.

B. Has Ohio met all applicable requirements of section 110 and part D 
of the CAA for the Columbus area, and does Ohio have a fully approved 
SIP for the area 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 finds that Ohio has met all 
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 2015 ozone NAAQS). Additionally, EPA finds 
that all applicable requirements of the Ohio SIP for the area have been 
fully approved under section 110(k) of the CAA. In making these 
determinations, EPA ascertained which CAA requirements are applicable 
to the Columbus 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 (see ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E) of the CAA. Under this interpretation, a state and the 
area it wishes to redesignate must meet the relevant CAA requirements 
that are due prior to the state's submittal of a complete redesignation 
request for the area. See also the September 17, 1993, Michael Shapiro 
memorandum and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of 
Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone NAAQS). 
Applicable requirements of the CAA that come due subsequent to the 
state's submittal of a complete request remain applicable until a 
redesignation to attainment is approved, but are not required as a 
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra 
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427 
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to 
attainment of the 1-hour ozone NAAQS).
    1. Ohio has met all applicable requirements of section 110 and part 
D of the CAA applicable to the Columbus 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 part C 
prevention of significant deterioration (PSD) and part D new source 
review (NSR) permit programs; (5) include provisions 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

[[Page 31817]]

air pollutants, e.g., 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, where applicable, continue to apply 
to a state regardless of the designation of any one particular area 
within the state. Thus, we believe these requirements are not 
applicable requirements for purposes of redesignation. See 65 FR 37890 
(June 15, 2000), 66 FR 50399 (October 19, 2001), 68 FR 25418, 25426-27 
(May 13, 2003).
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    \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).
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    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 
(i.e., 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.\4\
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    \4\ EPA has previously approved provisions of the Ohio SIP 
addressing section 110 elements under the 2008 ozone NAAQS (79 FR 
62019, October 16, 2014 and 83 FR 21719 May 10, 2018). In addition, 
on September 28, 2018, Ohio EPA submitted a SIP to meet the 
requirements of section 110 for the 2015 ozone NAAQS. The 
requirements of section 110(a)(2), however, are statewide 
requirements that are not linked to the 2015 ozone NAAQS 
nonattainment status of the Columbus area. Therefore, EPA concludes 
that these infrastructure requirements are not applicable 
requirements for purposes of review of the state's 2015 ozone NAAQS 
redesignation request.
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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 Columbus area was classified as marginal under subpart 2 for 
the 2015 ozone NAAQS. As such, the area is subject to the subpart 1 
requirements contained in section 172(c) and section 176. Similarly, 
the area is subject to 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. Subpart 1 Section 172 Requirements
    CAA Section 172(b) requires states to submit SIPs meeting the 
requirements of section 172(c) no later than 3 years from the date of 
the nonattainment designation. For the Columbus nonattainment area, 
SIPs required under CAA section 172 are due August 3, 2021. No 
requirements applicable for purposes of redesignation under part D 
became due prior to Ohio EPA's submission of the complete redesignation 
request, and, therefore, none are applicable to the area for purposes 
of redesignation.
    EPA has previously approved Ohio's NSR program on January 10, 2003 
(68 FR 1366) and February 25, 2010 (75 FR 8496). Nonetheless, EPA has 
determined that, since PSD requirements will apply after redesignation, 
areas being redesignated need not comply with the requirement that a 
NSR program be approved prior to redesignation, provided that the area 
demonstrates maintenance of the NAAQS without part D NSR. A more 
detailed rationale for this view is described in a memorandum from Mary 
Nichols, Assistant Administrator for Air and Radiation, dated October 
14, 1994, entitled, ``Part D New Source Review Requirements for Areas 
Requesting Redesignation to Attainment.'' Ohio has demonstrated that 
the Columbus area will be able to maintain the 2015 ozone NAAQS without 
part D NSR in effect; therefore, EPA concludes that the state need not 
have a fully approved part D NSR program prior to approval of the 
redesignation request. 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 program will become effective in the Columbus area 
upon redesignation to attainment. EPA approved Ohio's PSD program on 
January 22, 2003 (68 FR 2909) and February 25, 2010 (75 FR 8496).
ii. 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 \5\ 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

[[Page 31818]]

approved. See Wall v. EPA, 265 F.3d 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 Columbus area. See 80 FR 11133 (March 2, 2015).
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    \5\ 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.
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iii. Section 182(a) Requirements
    Section 182(a)(1) requires states to submit a comprehensive, 
accurate, and current inventory of actual emissions from sources of VOC 
and NOX emitted within the boundaries of the ozone 
nonattainment area within two years of designation. For the Columbus 
area, this submission is due August 3, 2020. Because it will become due 
after Ohio's submission of a complete redesignation request for the 
Columbus area, it is not an applicable requirement for purposes of 
redesignation.
    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 Columbus area is not subject to the section 
182(a)(2) RACT ``fix up'' requirement for the 2015 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 Columbus 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 2015 ozone NAAQS and the 
consideration of Ohio's redesignation request for this standard, the 
Columbus area is not subject to the section 182(a)(2)(B) requirement 
because the Columbus area was designated as nonattainment for the 2015 
ozone NAAQS after the enactment of the 1990 CAA amendments.
    Section 182(a)(2)(C), under the heading ``Corrections to the State 
implementation plans--Permit programs'' contains a requirement for 
states to submit NSR SIP revisions to meet the requirements of CAA 
sections 172(c)(5) and 173 within 2 years after the date of enactment 
of the 1990 CAA Amendments. For the purposes of the 2015 ozone NAAQS 
and the consideration of Ohio's redesignation request for this 
standard, the Columbus area is not subject to the section 182(a)(2)(C) 
requirement because the Columbus area was designated as nonattainment 
for the 2015 ozone NAAQS after the enactment of the 1990 CAA 
amendments.
    Section 182(a)(4) specifies the emission offset ratio for marginal 
areas but does not establish a SIP submission deadline. EPA's December 
6, 2018 implementation rule for the 2015 ozone NAAQS clarifies that 
nonattainment NSR permit program requirements applicable to the 2015 
NAAQS are due 3 years from the effective date of the nonattainment 
designation, i.e., August 3, 2021. See 83 FR 62998, 63001. This 
approach is based on the provision in CAA section 172(b) requiring the 
submission of plans or plan revisions ``no later than 3 years from the 
date of the nonattainment designation.'' Because this requirement will 
become due after Ohio's submission of a complete redesignation request 
for the Columbus area, it is not an applicable requirement for purposes 
of redesignation.
    While Ohio has not submitted a nonattainment NSR SIP revision to 
address the 2015 ozone NAAQS, Ohio currently has a fully-approved part 
D NSR program in place. In addition, EPA approved Ohio's PSD program on 
January 22, 2003 (68 FR 2909) and February 25, 2010 (75 FR 8496). As 
discussed above, Ohio has demonstrated that the Columbus area will be 
able to maintain the 2015 ozone NAAQS without part D NSR in effect; 
therefore, EPA concludes that the state need not have a fully approved 
part D NSR program prior to approval of the redesignation request. The 
state's PSD program will become effective in the Columbus 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 3 years. With regard to 
stationary source emission statements, this submission is due August 3, 
2020. Because it will become due after Ohio's submission of a complete 
redesignation request for the Columbus area, it is not an applicable 
requirement for purposes of redesignation.
    Therefore, EPA finds that the Columbus area has satisfied all 
applicable requirements for purposes of redesignation under section 110 
and part D of title I of the CAA.
    2. The Columbus area has a fully approved SIP for purposes of 
redesignation under section 110(k) of the CAA.
    At various times, Ohio has adopted and submitted, and EPA has 
approved, provisions addressing the various SIP elements applicable for 
the ozone NAAQS. As discussed above, EPA has fully approved the Ohio 
SIP for the Columbus area under section 110(k) for all requirements 
applicable for purposes of redesignation under the 2015 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), 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 Columbus area due to 
permanent and enforceable emission reductions?

    To redesignate 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 Columbus 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 2014 and 2016. 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 Columbus 
area and upwind areas have implemented in recent years. In addition, 
Ohio EPA provided an analysis to demonstrate the

[[Page 31819]]

improvement in air quality was not due to unusually favorable 
meteorology. Based on the information summarized below, EPA finds that 
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 
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 addressed 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 \6\ 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. On 
September 7, 2016, in response to the remand, EPA finalized an update 
to CSAPR requiring further reductions in NOX emissions from 
EGUs beginning in May 2017. This final rule was projected to result in 
a 20% reduction in ozone season NOX emissions from EGUs in 
the eastern United States, a reduction of 800,000 tons in 2017 compared 
to 2015 levels.
---------------------------------------------------------------------------

    \6\ EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. 
Cir. 2012).
---------------------------------------------------------------------------

    There are no EGUs in the Columbus area. However, the reduction in 
NOX emissions from the implementation of CSAPR results in 
lower concentration of transported ozone entering the Columbus area 
upon implementation of the phase 2 budgets in 2017 and throughout the 
maintenance period.
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 NOX and VOC emissions from 
light-duty vehicles and light-duty trucks by approximately 76 and 28%, 
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. As projected by these estimates 
and demonstrated in the onroad emission modeling for the Columbus area, 
much 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 reduces 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 particulate 
matter (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 onroad gasoline-powered 
heavy-duty vehicles. Finally, the rule lowers the sulfur content of 
gasoline to an annual average of 10 ppm by January 2017. As projected 
by these estimates and demonstrated in the onroad emission modeling for 
the Columbus 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.
    Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for 
onroad 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 
parts per million 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. 
Nationally, EPA estimated that by 2030 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 onroad emission 
modeling for the Columbus 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.
    Nonroad Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a 
rule adopting emissions standards for nonroad diesel engines and sulfur

[[Page 31820]]

reductions in nonroad 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 nonroad 
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 nonroad diesel engines by 
approximately 90%. As projected by these estimates and demonstrated in 
the nonroad emission modeling for the Columbus area, some of these 
emission reductions occurred by the attainment years and additional 
emission reductions will occur throughout the maintenance period.
    Nonroad 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. As projected by these 
estimates and demonstrated in the nonroad emission modeling for the 
Columbus area, some of these emission reductions occurred by the 
attainment years and additional emission reductions will occur 
throughout the maintenance period.
    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. 
As projected by these estimates and demonstrated in the nonroad 
emission modeling for the Columbus area, some of these emission 
reductions occurred by the attainment years and additional emission 
reductions will occur throughout the maintenance period.
    2. Emission reductions.
    Ohio is using a 2014 emissions inventory as the nonattainment year. 
This is appropriate because it was one of the years used to designate 
the area as nonattainment. Ohio is using 2016 as the attainment year, 
which is appropriate because it is one of the years in the 2016-2018 
period used to demonstrate attainment.
    Area and nonroad mobile emissions were collected from data 
available on EPA's Air Emissions Modeling website.\7\ Using Emissions 
Modeling platform 2011v6.3, Ohio EPA collected data for the 2011 
National Emissions Inventory (NEI) year, version 2011el, and the 2017 
projected inventory, version 2017ek. Tons per summer day (TPSD) 
emissions were then derived by dividing July emissions by the number of 
days in July. 2014 emissions were derived by interpolating between 2011 
and 2017 (2011el and 2017ek). 2016 emissions were assumed to be 
equivalent to the 2017 projected emissions (2017ek).
---------------------------------------------------------------------------

    \7\ https://www.epa.gov/air-emissions-modeling/2011-version-63-platform.
---------------------------------------------------------------------------

    Ohio EPA compiled 2014 and 2016 actual point source emissions from 
state inventory databases. TPSD emissions were then derived by applying 
a conversion factor to the annual emissions. The conversion factor was 
derived from the emissions modeling platform 2011v6.3 as the ratio of 
the average July day to annual emissions for the non-EGU sector.
    Onroad mobile source emissions were developed in conjunction with 
the Ohio EPA, the Ohio Department of Transportation, the Mid-Ohio 
Regional Planning Commission (MORPC), and the Licking County Area 
Transportation Study (LCATS) and were calculated from emission factors 
produced by EPA's Motor Vehicle Emission Simulator model, MOVES2014a, 
and data extracted from the region's travel-demand model.
    Using the inventories described above, Ohio's submittal documents 
changes in VOC and NOX emissions from 2014 to 2016 for the 
Columbus area. Emissions data are shown in Tables 2 through 6.

                     Table 2--Columbus Area NOX Emissions for Nonattainment Year 2014 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area           Nonroad         Onroad           Total
----------------------------------------------------------------------------------------------------------------
Delaware........................            0.07            2.45            3.30            7.01           12.83
Fairfield.......................            4.05            0.54            2.08            4.96           11.63
Franklin........................            1.48            9.04           11.53           45.89           67.94
Licking.........................            0.95            0.69            2.00            7.34           10.98
                                 -------------------------------------------------------------------------------
    Area Totals.................            6.55           12.72           18.91           65.20          103.38
----------------------------------------------------------------------------------------------------------------


                     Table 3--Columbus Area VOC Emissions for Nonattainment Year 2014 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area           Nonroad         Onroad           Total
----------------------------------------------------------------------------------------------------------------
Delaware........................            0.36            4.30            4.14            4.72           13.52
Fairfield.......................            0.59            4.61            1.44            3.84           10.48
Franklin........................            2.27           28.24           13.29           31.26           75.06
Licking.........................            0.70            6.46            2.59            4.80           14.55
                                 -------------------------------------------------------------------------------
    Area Totals.................            3.92           43.61           21.46           44.62          113.61
----------------------------------------------------------------------------------------------------------------


                      Table 4--Columbus Area NOX Emissions for Attainment Year 2016 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area           Nonroad         Onroad           Total
----------------------------------------------------------------------------------------------------------------
Delaware........................            0.10            2.30            2.49            5.59           10.48

[[Page 31821]]

 
Fairfield.......................            3.85            0.55            1.56            3.94            9.90
Franklin........................            1.34            8.90            8.37           36.51           55.12
Licking.........................            0.89            0.71            1.53            5.86            8.99
                                 -------------------------------------------------------------------------------
    Area Totals.................            6.18           12.46           13.95           51.90           84.49
----------------------------------------------------------------------------------------------------------------


                      Table 5--Columbus Area VOC Emissions for Attainment Year 2016 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area           Nonroad         Onroad           Total
----------------------------------------------------------------------------------------------------------------
Delaware........................            0.27            4.16            3.40            4.02           11.85
Fairfield.......................            0.55            4.53            1.19            2.84            9.11
Franklin........................            2.24           27.52           11.16           26.55           67.47
Licking.........................            0.62            6.36            2.11            4.09           13.18
                                 -------------------------------------------------------------------------------
    Area Totals.................            3.68           42.57           17.86           37.50          101.61
----------------------------------------------------------------------------------------------------------------


                               Table 6--Change in NOX and VOC Emissions in the Columbus Area Between 2014 and 2016 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                NOX                                             VOC
                                                         -----------------------------------------------------------------------------------------------
                                                                                            Net change                                      Net Change
                                                               2014            2016         (2014-2016)        2014            2016         (2014-2016)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................            6.55            6.18           -0.37            3.92            3.68           -0.24
Area....................................................           12.72           12.46           -0.26           43.61           42.57           -1.04
Nonroad.................................................           18.91           13.95           -4.96           21.46           17.86           -3.60
Onroad..................................................           65.20           51.90          -13.30           44.62           37.50           -7.12
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          103.38           84.49          -18.89          113.61          101.61          -12.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 6, NOX and VOC emissions in the 
Columbus area declined by 18.89 TPSD and 12.00 TPSD, respectively, 
between 2014 and 2016.
    3. Meteorology.
    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, an analysis was performed by 
Ohio EPA. Ohio analyzed the maximum fourth-high 8-hour ozone values for 
May, June, July, August, and September, for years 2000 to 2017.
    First, the maximum 8-hour ozone concentration at each monitor in 
the Columbus 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 2000-2017 period and the fourth-high 
8-hour ozone concentration. Given the similarity of ozone 
concentrations observed at each monitor and the regional nature of 
ozone formation, Ohio EPA conducted this analysis using the average 
fourth-high 8-hour ozone concentration from all monitors in the 
Columbus, OH area. 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 
over the 2000 to 2017 period, while average 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 Columbus area, and not unusually favorable summer temperatures.
    Finally, Ohio EPA analyzed the relationship between average 
summertime relative humidity and average fourth-high 8-hour ozone 
concentrations. The data did not show a correlation between relative 
humidity and ozone concentrations.
    As discussed above, Ohio identified numerous Federal rules that 
resulted in the reduction of VOC and NOX emissions from 2014 
to 2016. In addition, Ohio EPA's analyses of meteorological variables 
associated with ozone formation demonstrate that the improvement in air 
quality in the Columbus area between the year violations occurred and 
the year attainment was achieved is not due to unusually favorable 
meteorology. Therefore, EPA finds that Ohio has shown that the air 
quality improvements in the Columbus area are due to permanent and 
enforceable emissions reductions.

D. Does Ohio have a fully approvable ozone maintenance plan for the 
Columbus 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

[[Page 31822]]

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 
Columbus area to attainment for the 2015 ozone NAAQS, Ohio EPA 
submitted a SIP revision to provide for maintenance of the 2015 ozone 
NAAQS through 2030, more than 10 years after the expected effective 
date of the redesignation to attainment. As discussed below, EPA 
proposes to find that Ohio's ozone maintenance plan includes the 
necessary components and approve the maintenance plan as a revision of 
the Ohio SIP.
    1. Attainment inventory.
    EPA is proposing to determine that the Columbus area has attained 
the 2015 ozone NAAQS based on monitoring data for the period of 2016-
2018. Ohio EPA selected 2016 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 Columbus area that are sufficient to attain the 2015 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 Columbus area?
    Ohio has demonstrated maintenance of the 2015 ozone NAAQS through 
2030 by assuring that current and future emissions of VOC and 
NOX for the Columbus 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 2023 and 2030 to 
demonstrate maintenance. 2030 is more than 10 years after the expected 
effective date of the redesignation to attainment and 2023 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.
    Point, area and nonroad mobile emissions were collected from data 
available on EPA's Air Emissions Modeling website.\3\ Using Emissions 
Modeling platform 2011v6.3, Ohio EPA collected data for the 2023 and 
2028 projected inventories. Tons per summer day (TPSD) emissions were 
then derived by dividing July emissions by the number of days in July. 
For interim year 2023, version 2023el was used without modification 
except for adjustments to emissions for ten point sources, based on 
more recent source specific information. 2030 emissions were derived by 
extrapolating from version 2028el. As with the 2023 inventory, 
adjustments were made to the emissions for ten point sources based on 
more recent source specific information.
    Onroad mobile source emissions were developed through the combined 
effort of Ohio EPA, the Ohio Department of Transportation, MORPC, and 
LCAT and were calculated from emission factors produced by EPA's 
MOVES2014a model and data extracted from the region's travel-demand 
model. Emissions data are shown in Tables 7 through 11 below.

                  Table 7--Columbus Area NOX Emissions for Interim Maintenance Year 2023 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area           Nonroad         Onroad           Total
----------------------------------------------------------------------------------------------------------------
Delaware........................            0.08            1.97            1.73            2.80            6.58
Fairfield.......................            3.55            0.54            1.06            1.94            7.09
Franklin........................            1.08            8.88            5.96           17.84           33.76
Licking.........................            0.75            0.73            1.07            2.88            5.43
                                 -------------------------------------------------------------------------------
    Area Totals.................            5.46           12.12            9.82           25.46           52.86
----------------------------------------------------------------------------------------------------------------


                  Table 8--Columbus Area VOC Emissions for Interim Maintenance Year 2023 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area           Nonroad         Onroad           Total
----------------------------------------------------------------------------------------------------------------
Delaware........................            0.33            4.19            3.00            2.73           10.25
Fairfield.......................            0.53            4.37            1.14            1.90            7.94
Franklin........................            1.52           27.61           11.26           17.60           57.99
Licking.........................            0.41            5.94            1.84            2.70           10.89
                                 -------------------------------------------------------------------------------
    Area Totals.................            2.79           42.11           17.24           24.93           87.07
----------------------------------------------------------------------------------------------------------------


                      Table 9--Columbus Area NOX Emissions for Maintenance Year 2030 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area           Nonroad         Onroad           Total
----------------------------------------------------------------------------------------------------------------
Delaware........................            0.08            1.56            1.46            1.92            5.02
Fairfield.......................            3.55            0.53            0.85            2.70            7.63
Franklin........................            1.08            8.34            5.42           11.70           26.54
Licking.........................            0.75            0.73            0.87            1.92            4.27
                                 -------------------------------------------------------------------------------
    Area Totals.................            5.46           11.16            8.60           18.24           43.46
----------------------------------------------------------------------------------------------------------------


[[Page 31823]]


                     Table 10--Columbus Area VOC Emissions for Maintenance Year 2030 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area           Nonroad         Onroad           Total
----------------------------------------------------------------------------------------------------------------
Delaware........................            0.33            4.18            3.00            2.14            9.65
Fairfield.......................            0.53            4.37            1.20            1.78            7.88
Franklin........................            1.52           27.62           12.17           13.20           54.51
Licking.........................            0.41            5.95            1.84            2.04           10.24
                                 -------------------------------------------------------------------------------
    Area Totals.................            2.79           42.12           18.21           19.16           82.28
----------------------------------------------------------------------------------------------------------------


                               Table 11--Change in NOX and VOC Emissions in the Columbus Area Between 2016 and 2030 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          NOX                                                 VOC
                                                 -------------------------------------------------------------------------------------------------------
                                                                                          Net change                                          Net change
                                                      2016         2023         2030     (2016-2030)      2016         2023         2030     (2016-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...........................................         6.18         5.46         5.46        -0.72         3.68         2.79         2.79        -0.89
Area............................................        12.46        12.12        11.16        -1.30        42.57        42.11        42.12        -0.45
Nonroad.........................................        13.95         9.82         8.60        -5.35        17.86        17.24        18.21         0.35
Onroad..........................................        51.90        25.46        18.24       -33.66        37.50        24.93        19.16       -18.34
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................        84.49        52.86        43.46       -41.03       101.61        87.07        82.28       -19.33
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In summary, Ohio's maintenance demonstration for the Columbus area 
shows maintenance of the 2015 ozone NAAQS by providing emissions 
information to support the demonstration that future emissions of 
NOX and VOC will remain at or below 2016 emission levels 
when taking into account both future source growth and implementation 
of future controls. Table 11 shows NOX and VOC emissions in 
the Columbus area are projected to decrease by 41.03 TPSD and 19.33 
TPSD, respectively, between 2016 and 2030.
    3. Continued air quality monitoring.
    Ohio EPA has committed to continue to operate the ozone monitors 
listed in Table 1 above. 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 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 
Columbus 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 EPA will continue to 
operate the current ozone monitors located in the Columbus 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 EPA will 
continue to develop and submit to EPA updated emission inventories for 
all source categories at least once every 3 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). 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 contingency plan for the Columbus 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 
contingency plan for the Columbus 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 0.074 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

[[Page 31824]]

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 0.071 ppm or greater is monitored 
within the maintenance area. A violation of the 2015 ozone NAAQS 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 2015 ozone NAAQS. 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 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. In addition, as required 
by section 175A(b) of the CAA, Ohio EPA has committed to submit to EPA 
an updated ozone maintenance plan eight years after redesignation of 
the Columbus area to cover an additional ten years beyond the initial 
10-year maintenance period. Thus, EPA finds that the maintenance plan 
SIP revision submitted by Ohio EPA for the Columbus area meets the 
requirements of section 175A of the CAA and EPA proposes to approve it 
as a revision to the Ohio SIP.

V. Has the state adopted approvable motor vehicle emission budgets?

A. Motor Vehicle Emission Budgets

    Under section 176(c) of the CAA, new transportation plans, 
programs, or projects that receive Federal funding or support, such as 
the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the SIP. 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 EPA policy, 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 2015 ozone NAAQS in 
EPA's December 6, 2018 implementation rule (83 FR 62998). These control 
strategy SIPs (including reasonable further progress 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 onroad 
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, a 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 Columbus 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

[[Page 31825]]

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 earlier, Ohio's maintenance plan includes 
NOX and VOC MVEBs for the Columbus area for 2030 and 2023, 
the last year of the maintenance period and an interim year. EPA 
reviewed the VOC and NOX MVEBs through the adequacy process. 
Ohio's April 23, 2019 maintenance plan SIP submission, including the 
VOC and NOX MVEBs for the Columbus area was open for public 
comment on EPA's adequacy website on May 2, 2019, found at: https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa. The EPA public comment period on 
adequacy of the 2020 and 2030 MVEBs for the Columbus area closed on 
June 1, 2019. No comments on the adequacy submittal were received 
during the comment period. The submitted maintenance plan, which 
included the MVEBs, was endorsed by the Governor's designee and was 
subject to a state 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 2015 ozone 
NAAQS.

                                                      Table 12--MVEBs for the Columbus area (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Attainment
                                             year 2016    2023 estimated    2023 mobile                   2030 estimated    2030 mobile
                                              onroad          onroad       safety margin    2023 MVEBs        onroad       safety margin    2030 MVEBs
                                             emissions       emissions      allocation                       emissions      allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC.....................................           37.50           24.93            3.74           28.67           19.16            2.87           22.03
NOX.....................................           51.90           25.46            3.82           29.28           18.24            2.74           20.98
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 12, the 2023 and 2030 MVEBs exceed the estimated 
2023 and 2030 onroad 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 
Columbus area can maintain the 2015 ozone NAAQS with mobile source 
emissions at or below 28.67 TPSD and 22.03 TPSD of VOC and 29.28 TPSD 
and 20.98 TPSD of NOX in 2023 and 2030, respectively, since 
despite partial allocation of the safety margin, emissions will remain 
under attainment year emission levels. EPA finds adequate and is 
proposing to approve the MVEBs for use to determine transportation 
conformity in the Columbus area, because EPA has determined that the 
area can maintain attainment of the 2015 ozone NAAQS 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 Columbus area are projected to have safety margins of 
41.03 TPSD for NOX and 19.33 TPSD for VOC in 2030 (the 
difference between the attainment year, 2016, emissions and the 
projected 2030 emissions for all sources in the Columbus area). 
Similarly, there is a safety margin of 31.63 TPSD for NOX 
and 14.54 TPSD for VOC in 2023. Even if emissions exceeded projected 
levels by the full amount 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 2023, Ohio 
is allocating 3.74 TPSD and 3.82 TPSD of the VOC and NOX 
safety margins, respectively. In 2030, Ohio is allocating 2.87 TPSD and 
2.74 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 2023 and 2030 safety margins. Therefore, even though the 
State is requesting MVEBs that exceed the projected onroad mobile 
source emissions for 2023 and 2030 contained in the demonstration of 
maintenance, the permissible level of onroad mobile source emissions 
that can be considered for transportation conformity purposes is well 
within the safety margins of the ozone maintenance demonstration. 
Further, once allocated to mobile sources, these safety margins will 
not be available for use by other sources.

VI. Proposed Actions

    EPA is proposing to determine that the Columbus nonattainment is 
attaining the 2015 ozone NAAQS, based on quality-assured and certified 
monitoring data for 2016-2018 and the area has met the requirements for 
redesignation under section 107(d)(3)(E) of the CAA. EPA is thus 
proposing to change the legal designation of the Columbus area from 
nonattainment to attainment for the 2015 ozone NAAQS. 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 Columbus area in attainment of the 2015 ozone NAAQS through 2030. 
Finally, EPA finds adequate and is proposing to approve the newly-
established 2023 and 2030 MVEBs for the Columbus 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,

[[Page 31826]]

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted 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, 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 national ambient air quality standards 
in tribal lands.

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: June 13, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019-14154 Filed 7-2-19; 8:45 am]
 BILLING CODE 6560-50-P


