[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Proposed Rules]
[Pages 70554-70558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24487]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0388; FRL-10016-08-Region 5]


Air Plan Approval; Ohio; Base Year Emission Inventories and 
Emissions Statement Rule Certification for 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 
approve, under the Clean Air Act (CAA), a revision to the State 
Implementation Plan (SIP) submitted by the Ohio Environmental 
Protection Agency on July 24, 2020. The CAA establishes emission 
inventory requirements for all ozone nonattainment areas. The revision 
will address the emission inventory requirements for the Cleveland, 
Ohio (OH) nonattainment area and the Ohio portion of the Cincinnati, 
Ohio-Kentucky (Cincinnati) ozone nonattainment area, as designated 
under the 2015 ozone National Ambient Air Quality Standard (NAAQS or 
standard). Also, EPA is proposing to approve Ohio's certification that 
its stationary annual emissions statement regulation, which has been 
previously approved by EPA under a prior ozone standard, satisfies the 
CAA emissions statement rule requirement for the Cleveland and 
Cincinnati nonattainment areas under the 2015 ozone NAAQS.

DATES: Comments must be received on or before December 7, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0388 at http://www.regulations.gov or via email to 
blakley.pamela@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

[[Page 70555]]

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 disclosure 
of which 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: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, hatten.charles@epa.gov. The 
EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding Federal holidays and facility closures due to COVID-
19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. The 2015 Ozone NAAQS Emissions Inventory and Emissions Statement 
Rule Requirements

    On October 26, 2015, EPA promulgated a revised 8-hour ozone NAAQS 
of 0.070 parts per million (ppm). See 80 FR 65292. The Cleveland and 
Cincinnati areas were designated as marginal nonattainment areas for 
the 2015 ozone NAAQS. See 83 FR 25776 (August 3, 2018). The Cleveland 
nonattainment area includes Cuyahoga, Geauga, Lake, Lorain, Medina, 
Portage, and Summit Counties. The Cincinnati nonattainment area 
includes Butler, Clermont, Hamilton, and Warren Counties.

A. Emission Inventories

    CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and 
7511a(a)(1), require states to develop and submit, as a SIP revision, 
emission inventories for all areas designated as nonattainment for any 
NAAQS. An emission inventory for ozone is an estimation of actual 
emissions of air pollutants that contribute to the formation of ozone 
in an area. Ozone is a gas that is formed by the reaction of volatile 
organic compounds (VOC) and oxides of nitrogen (NOX) in the 
atmosphere in the presence of sunlight (VOC and NOX are 
referred to as ozone precursors). Therefore, an emission inventory for 
ozone focuses on the emissions of VOC and NOX. VOC is 
emitted by many types of sources, including power plants, industrial 
sources, on-road and off-road mobile sources, smaller stationary 
sources collectively referred to as area sources, and biogenic sources. 
NOX is primarily emitted by combustion sources, both 
stationary and mobile.
    Emission inventories provide emissions data for a variety of air 
quality planning tasks, including establishing baseline emission levels 
(anthropogenic [manmade] emissions associated with ozone standard 
violations), calculating emission reduction targets needed to attain 
the NAAQS and to achieve reasonable further progress (RFP) toward 
attainment of the ozone standard (not required in the areas considered 
here), determining emission inputs for ozone air quality modeling 
analyses, and tracking emissions over time to determine progress toward 
achieving air quality and emission reduction goals. For the 2015 ozone 
NAAQS, states should submit ozone season day emission estimates for an 
inventory calendar year to be consistent with the baseline year for RFP 
plan as required by 40 CFR 51.1310(b). For the RFP baseline year for 
the 2015 ozone NAAQS under 40 CFR 51.1310(b) states may use a calendar 
year for the most recently available complete triennial (3-year cycle) 
emissions inventory (40 CFR 51, subpart A) preceding the year of the 
area's effective date of designation as a nonattainment area. (83 FR 
63034-63035, December 6, 2018).\1\ States are required to submit 
estimates of VOC and NOX emissions for four general classes 
of anthropogenic sources: Stationary point sources; area sources; on-
road mobile sources; and off-road mobile sources.
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    \1\ The RFP requirements specified in CAA section 182(b)(1) 
shall apply to all area's designated nonattainment for ozone 
classified Moderate or higher.
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B. Emissions Statement Rules

    Section 182(a)(3)(B) of the CAA requires states with ozone 
nonattainment areas to submit revisions to their SIP to require the 
owner or operator of each stationary source of NOX or VOC to 
provide the state with an annual statement documenting the actual 
emissions of NOX and VOC from their source. This requirement 
applies to each stationary source emitting greater than or equal to 25 
tons per year of VOC or NOX in an ozone nonattainment area.
    Many states have adopted these emissions statement rules for a 
prior ozone NAAQS that cover all the state's nonattainment areas and 
relevant classes and categories of sources. For these states, EPA is 
accepting certifications that their previously adopted emissions 
statement rules remain in place and are adequate to meet the emissions 
statement rule requirement under the 2015 ozone standard. (83 FR 
63002).

II. Ohio's Emission Inventories

    On July 24, 2020, Ohio submitted a SIP revision addressing the 
emissions inventory requirement of CAA section 182(a)(1). Ohio provided 
documentation of a 2014 NOX and VOC base year emissions 
inventory requirement for the Cleveland and Cincinnati ozone 
nonattainment areas. Ohio selected 2014 because this was one of the 
three years of ozone data indicating a violation of the ozone standard 
that were used to designate the areas as nonattainment for the 2015 
ozone NAAQS. 83 FR 25778, 25779. In addition, the 2014 base year 
emissions inventory was the most recent comprehensive, accurate, and 
quality assured triennial emissions inventory in the National Emissions 
Inventory (NEI) database, available at the time the state began 
preparing the emissions inventory submittal for the Cleveland and 
Cincinnati areas.\2\ Tables 1 and 2 summarize the 2014 NOX 
and VOC emissions for Cleveland and Cincinnati areas in tons of 
emissions per ozone season day.\3\
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    \2\ The Cleveland and Cincinnati areas are currently classified 
as marginal nonattainment areas for the 2015 NAAQS and are therefore 
not subject to the reasonable further progress (RFP) requirement. If 
one or both areas are reclassified as moderate, the area(s) would 
become subject to the RFP provisions and Ohio would be required to 
replace the 2014 base year emissions inventory with a 2017 base year 
emissions inventory in accordance with the 2015 ozone NAAQS 
Implementation Rule, 83 FR 62998, 63004.
    \3\ The ozone season is the portion of the year in which high 
ozone concentrations may be expected in a given area.

[[Page 70556]]



                                  Table 1--2014 Ozone Season Day NOX Emissions
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                                                         2014 Ozone season day NOX emissions (tons/day)
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                  County/NAA                                Non-EGU                                    Total NOX
                                                 EGU \1\     point       Area     Non-road    Onroad
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Butler........................................       0.39      10.83       2.28       4.28      12.40      30.18
Clermont......................................      48.30       0.01       1.14       2.29       6.64      58.38
Hamilton......................................      20.47       4.84       6.82       8.44      30.37      70.94
Warren........................................       0.00       0.92       1.16       3.25       7.72      13.05
Cincinnati NAA................................      69.16      16.60      11.40      18.26      57.13     172.55
Cuyahoga......................................       0.82       9.64      12.42      22.51      33.32      78.71
Geauga........................................       0.00       0.02       0.75       1.88       2.49       5.14
Lake..........................................       5.46       1.83       3.90       6.26       6.51      23.96
Lorain........................................      10.88       1.38       4.07       7.51       7.89      31.73
Medina........................................       0.00       0.22       1.46       3.23       5.40      10.31
Portage.......................................       0.00       0.33       2.40       2.96       6.07      11.76
Summit........................................       0.00       1.66       4.96       6.84      17.78      31.24
Cleveland NAA.................................      17.16      15.08      29.96      51.19      79.46     192.85
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\1\ Electric Generating Units (EGU).


                                  Table 2--2014 Ozone Season Day VOC Emissions
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                                                         2014 Ozone season day VOC emissions (tons/day)
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                  County/NAA                                Non-EGU
                                                   EGU       point       Area     Non-road    Onroad   Total VOC
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Butler........................................       0.02       2.97      13.36       3.41       7.22      26.98
Clermont......................................       0.27       0.40       6.50       2.39       4.01      13.57
Hamilton......................................       0.34       2.05      31.30       8.61      14.51      56.81
Warren........................................       0.00       0.51       9.02       2.74       3.93      16.20
Cincinnati NAA................................       0.63       5.93      60.18      17.15      29.67     113.56
Cuyahoga......................................       0.01       3.14      42.66      32.24      14.38      92.43
Geauga........................................       0.00       0.09       4.27       4.66       1.34      10.36
Lake..........................................       0.04       0.81       9.91      10.58       2.94      24.28
Lorain........................................       0.17       1.90       8.88      11.81       3.57      26.33
Medina........................................       0.00       0.55       6.83       4.84       2.36      14.58
Portage.......................................       0.00       1.14       7.29       6.68       2.33      17.44
Summit........................................       0.00       1.16      19.63       9.40       6.89      37.08
Cleveland NAA.................................       0.22       8.79      99.47      80.21      33.81     222.50
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A. Base Year Emissions Inventory

    Ohio estimated NOX and VOC emissions for all source 
categories by county for the Cleveland and Cincinnati ozone 
nonattainment areas. Emissions for these counties were totaled by 
source category for each ozone nonattainment area. To develop the 
NOX and VOC emissions inventories, Ohio used the annual 
emissions data contained in EPA's 2014 National Emissions Inventory 
(2014 NEI.v2) database. To document the derivation of these emissions 
data, Ohio included EPA's ``Technical Support Document (TSD) 
Preparation of Emissions Inventories for the Version 7.1 Emissions 
Modeling Platform'' (August 2018) in the July 24, 2020, submittal. All 
annual NOX and VOC emissions data collected from the 2014 v2 
NEI were temporally allocated to ozone season day by using temporal 
files found in EPA's 2014v2 Air Emissions Modeling Platform (2014fd), 
https://www.epa.gov/air-emissions-modeling/2014-version-71-platform. 
Ozone season day emissions were derived by applying a separate 
conversion factor to the annual emissions for each source category by 
pollutant and nonattainment area.

B. How did the State develop the emission inventories?

    For point sources (EGUs and non-EGUs), Ohio calculates and stores 
emissions data annually in the state's STARS database. Under the 
authority of Ohio Administrative Code (OAC) 3745-15-03, Ohio requires 
regulated stationary sources in the ozone nonattainment areas to submit 
emission inventory statements annually. These reports contain detailed 
source type-specific or annual source unit-specific and seasonal actual 
emissions for all source units in a facility. The point source data for 
2014 base year emissions inventory were submitted through EPA's bridge 
tool for submission to the Emissions Inventory System (EIS) Gateway for 
the 2014 NEI. Ohio provided a detailed list of EGU and non-EGU point 
sources included the 2014 base year emissions inventory by county, 
facility ID, unit ID, with their respective NOX and VOC 
emissions within appendices A and B of their July 24, 2020, submittal.
    For area source emissions, Ohio relied on a variety of state 
specific data to estimate emissions based on EPA's procedures and 
guidance for the 2014 base year emissions inventory. Area sources are 
spread over wide areas with no distinct discharge points or are 
comprised of a large number of small point sources that are difficult 
to describe separately and whose emissions are not well characterized 
(e.g., heating furnaces in individual homes, architectural surface 
coating, automobile refueling, dry cleaning, etc.).
    To develop an accurate and complete area source inventory, Ohio 
used EPA's

[[Page 70557]]

default data to describe activity levels or emissions when no state 
specific data was available. Ohio implemented quality control and 
quality assurance (QA) measures throughout the development of this 
inventory, with the help of EPA's Nonpoint Method Advisory committee. 
The emission data Ohio collected were submitted through the EIS Gateway 
using EPA's bridge tool for submission into NEI. The quality control 
and QA of nonpoint data was primarily an ad-hoc process led by EPA. 
This process included comparing 2014 estimates to previous NEI cycles, 
gap-filling for missing pollutants, and evaluating outliers. In 
addition, for some source categories that have already been reported in 
the point source inventory, Ohio used EPA's ''Point to Nonpoint 
Crosswalk'' tool, which describes the similarities between point Source 
Classification Codes (SCCs) and nonpoint SCCs to help avoid double 
counting emissions.
    Ohio has provided a detailed list of the area sources included in 
the 2014 base year emissions inventory by SCC and county, with their 
respective NOX and VOC emissions in appendix C, including a 
discussion how the emissions were derived for each source category 
within their July 24, 2020, submittal.
    The nonroad mobile source emissions in the 2014 NEI were developed 
by the EPA using the 2014 NEI the Motor Vehicle Emissions Simulator 
(MOVES-2014a). Ohio did not provide state specific data for the 
development of nonroad emissions. In appendix D, Ohio provides a list 
of the nonroad sources included in the 2014 base year emissions 
inventory by SCC and county, with their respective NOX and 
VOC emissions.
    On-road mobile source emissions in the 2014 NEI were developed by 
the EPA using the MOVES-2014a. The state specific data was retrieved 
from the Ohio Department of Transportation, local metropolitan planning 
organizations (MPOs), and the Ohio Bureau of Motor Vehicles.
    Most of the QA for on-road mobile emissions was processed through 
tools built into MOVES. Additionally, just like the point and nonpoint 
inventories, QA was performed when the data was submitted to the EIS 
Gateway. In appendix E, of the July 24, 2020, submittal, Ohio has 
documented on-road emissions by SCC and county.
    The data provided by the Ohio Department of Transportation 
accounted for Highway Performance Monitoring System Vehicle Type Year 
and Road Type Distribution. Alternate Vehicle and Fuel Technology, 
Average Speed Distribution, and Month, Day and Hour Vehicle Miles 
Traveled Fractions were also provided by the Ohio Department of 
Transportation along with MPOs. The Ohio Bureau of Motor Vehicles 
provided Source Type Age Distribution and Source Type Year for all 
counties and for source types 11 (motorcycles), 21 (passenger cars), 31 
(passenger trucks) and 32 (light commercial trucks) only. For the 
remaining source types, EPA defaults were used.
    Most of the QA for on-road mobile emissions was processed through 
tools built into MOVES. Additionally, just like the point and nonpoint 
inventories, QA was performed when the data was submitted to the EIS 
Gateway. In appendix E, of the July 24, 2020, submittal, Ohio has 
documented on-road emissions by SCC and county.

III. Ohio's Emissions Statement Rule

    Section 182(a)(3)(B) of the CAA requires states to include 
regulations in the SIP to require sources (source facilities) to submit 
annual statements characterizing sources of NOX and VOC 
emission within the source facilities and to report actual 
NOX and VOC emissions for these sources. Ohio confirmed in 
the July 24, 2020, submittal that their existing emissions reporting 
rule at OAC 3745-24, approved in Ohio's SIP remains in place and 
adequate to meet the CAA section 182(a)(3)(B) emissions statement 
requirement for the 2015 ozone standard. EPA approved this rule into 
the Ohio SIP on September 27, 2007 (72 FR 54844). This rule 
specifically requires all regulated source facilities in the ozone 
nonattainment areas that emit greater than or equal to 25 tons/year of 
NOX or VOC during the reporting year to submit annual 
emissions statements. Ohio included a copy of rule OAC 3745-24 in the 
July 24, 2020, submission. See appendices, F1-F4.
    On May 18, 2020, Ohio notified the public of the 30-day period the 
opportunity for comment, with respect to the requested SIP revision on 
Ohio's Department of Air Pollution Control website at: https://epa.ohio.gov/dapc/sip/2015. No comments were received, and no public 
hearing was requested.

IV. EPA's Evaluation

A. Emissions Inventory

    EPA has reviewed Ohio's July 24, 2020 requested SIP revision for 
consistency with sections 172(c)(3) CAA and 182(a)(1) of the CAA, and 
EPA's emission inventory requirements. In particular, EPA has reviewed 
the techniques used by Ohio to derive and quality assure the emission 
estimates. Ohio documented the procedures used to estimate the 
emissions for each of the major source types. The documentation of the 
emission estimation procedures is very thorough and is adequate for us 
to determine that Ohio followed acceptable procedures to estimate the 
emissions.
    Ohio developed a QA plan and followed this plan during various 
phases of the emissions estimation and documentation process to quality 
assure the emissions for completeness and accuracy. These QA procedures 
were summarized in the documentation describing how the emissions 
totals were developed. EPA has determined that the QA procedures are 
complete, adequate and acceptable. EPA proposes to find that Ohio has 
developed approvable inventories of NOX and VOC emissions 
for the Cleveland and Cincinnati ozone nonattainment areas.

B. Emissions Statement Rule

    EPA approved Ohio's emissions statement rule, OAC 3745-24, into the 
Ohio SIP on September 27, 2007 (72 FR 54844), and it is currently being 
implemented. The rule requires sources of NOX and VOC in the 
Cleveland and Cincinnati ozone nonattainment areas to annually report 
these emissions to the state if the sources emit NOX and VOC 
equaling or exceeding 25 tons per year. EPA finds this acceptable and 
proposes to find that Ohio's emissions statement rule OAC 3745-24 meets 
the requirements of CAA section 182(a)(3)(B).

V. What action is EPA taking?

    We are proposing to approve Ohio's SIP revision submitted to 
address the ozone-related emission inventory requirements for the 
Cleveland and Cincinnati ozone nonattainment areas for the 2015 ozone 
NAAQS. The emission inventories we are approving into the SIP are 
specified in Tables 1 and 2, shown above. We are proposing to approve 
the emission inventories because they contain comprehensive, accurate, 
and current inventories of actual emissions for all relevant sources in 
accordance with CAA sections 172(c)(3) and 182(a), and because Ohio 
adopted the emission inventories after providing for reasonable public 
notice and opportunity for a public hearing. Finally, we are also 
confirming that Ohio has acceptable and enforceable stationary annual 
emission statement regulations for the 2015 ozone standard.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission

[[Page 70558]]

that complies with the provisions of the CAA and applicable Federal 
regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria of the CAA. Accordingly, this action merely approves 
state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, 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, 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: October 30, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-24487 Filed 11-4-20; 8:45 am]
BILLING CODE 6560-50-P


