[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Proposed Rules]
[Pages 77666-77678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22140]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2006-0046; FRL-8261-6]
Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designations of Areas for Air Quality Planning
Purposes; Ohio; Redesignation of Belmont County to Attainment of the 8-
Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On June 20, 2006, the Ohio Environmental Protection Agency
(Ohio EPA), submitted a request for EPA approval of redesignation of
Belmont County (the Ohio portion of the Wheeling, West Virginia-Ohio
(WV-OH) bi-state ozone nonattainment area) to attainment of the 8-hour
ozone National Ambient Air Quality Standard (NAAQS) and a request for
EPA approval of an ozone maintenance plan for Belmont County as a
revision to the Ohio State Implementation Plan (SIP). On August 24,
2006, the State submitted public hearing records for the ozone
redesignation request and ozone maintenance plan. On December 4, 2006,
the State submitted a clarification of its intent to implement
contingency measures in the event of an ozone standard violation in the
Wheeling, WV-OH area subsequent to the redesignation of this area to
attainment of the ozone standard. EPA is proposing to approve Ohio's
request and corresponding SIP revision. EPA is also proposing to
approve the Volatile Organic Compounds (VOC) and Nitrogen Oxides
(NOX) Motor Vehicle Emission Budgets (MVEBs) for Belmont
County, as supported by the ozone maintenance plan for this County, for
purposes of conformity determinations.
DATES: Comments must be received on or before January 26, 2007. Submit
your comments, identified by Docket ID No. EPA-R05-OAR-2006-0046, by
one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: [email protected].
Fax: (312) 886-5824.
Mail: John M. Mooney, Chief, Criteria Pollutant Section,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois. Such deliveries
are only accepted during the Regional Office's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office's official hours of operation
are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0046. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI, or otherwise protected, through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters and any form of
encryption, and should be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hardcopy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hardcopy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
It is recommended that you telephone Edward Doty, Environmental
Scientist, at (312) 886-6057, before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
Criteria Pollutant Section, Air Programs Branch (AR-18), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6057, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA. This supplementary
[[Page 77667]]
information section is arranged as follows:
I. What Action is EPA Proposing to Take?
II. What Is the Background for These Actions?
III. What Are the Criteria for Redesignation to Attainment?
IV. What Are EPA's Analyses of the State's Requests and What Are the
Bases for EPA's Proposed Actions?
V. Has Ohio Adopted Acceptable Motor Vehicle Emissions Budgets for
the End Year of the Ozone Maintenance Plans Which Can Be Used To
Support Conformity Determinations?
VI. What Are the Effects of EPA's Proposed Actions?
VII. Statutory and Executive Order Reviews
I. What Action is EPA Proposing to Take?
We are proposing to take several related actions for Belmont
County, Ohio. First, we are proposing to determine that Belmont County
has attained the 8-hour ozone NAAQS and that Belmont County and the
State of Ohio have met the requirements for redesignation to attainment
of the 8-hour ozone NAAQS under section 107(d)(3)(E) of the CAA. We
are, therefore, proposing to approve the June 20, 2006 and August 24,
2006 requests from the State of Ohio to change the designation of
Belmont County from nonattainment to attainment of the 8-hour ozone
NAAQS.\1\
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\1\ A separate proposed rule from EPA addresses a request from
the State of West Virginia to redesignate Marshall and Ohio
Counties, West Virginia to attainment of the 8-hour ozone NAAQS. See
71 FR 57894, October 2, 2006.
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Second, we are proposing to approve Ohio's ozone maintenance plan
for Belmont County as a revision to the Ohio SIP. The maintenance plan
is designed to keep Belmont County and, in conjunction with a West
Virginia ozone maintenance plan for Marshall and Ohio Counties, the
entire Wheeling, WV-OH area in attainment of the 8-hour ozone NAAQS for
the next 12 years, through 2018. As supported by and consistent with
the ozone maintenance plan, we are also proposing to approve the 2018
VOC and NOX MVEBs for Belmont County for conformity
determination purposes.
II. What is the Background for These Actions?
EPA has determined that ground-level ozone is detrimental to human
health. On July 18, 1997, EPA promulgated an 8-hour ozone NAAQS (62 FR
38856) of 0.08 parts per million parts of air (0.08 ppm) (80 parts per
billion (ppb)).\2\ This 8-hour ozone standard replaced a prior 1-hour
ozone NAAQS, which was promulgated on February 8, 1979 (44 FR 8202) and
revoked on June 15, 2005.
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\2\ This standard is violated in an area when any ozone monitor
in the area (or in its impacted downwind environs) records 8-hour
ozone concentrations with a three-year average of the annual fourth-
highest daily maximum 8-hour ozone concentrations equaling or
exceeding 85 ppb.
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Ground-level ozone is not emitted directly by sources. Rather,
emitted NOX and VOC react in the presence of sunlight to
form ground-level ozone along with other secondary compounds.
NOX and VOC are referred to as ``ozone precursors.''
The CAA required EPA to designate as nonattainment any area that
violated the 8-hour ozone NAAQS. Ozone data for the three most recent
years at the time when the 8-hour ozone designations were initially
established (2001-2003) were considered to establish the ozone
designations. The Federal Register notice making these designations was
signed on April 15, 2004, and was published on April 30, 2004 (69 FR
23857).
The CAA contains two sets of provisions--subpart 1 and subpart 2--
that address planning and emission control requirements for
nonattainment areas. (Both are found in title I, part D of the CAA.)
Subpart 1 contains general, less prescriptive requirements for
nonattainment areas for any pollutant governed by a NAAQS, and applies
to all nonattainment areas. Subpart 2 contains more specific
requirements for certain ozone nonattainment areas, and applies to
ozone nonattainment areas classified under section 181 of the CAA.
In the April 30, 2004 designation rulemaking, EPA divided 8-hour
ozone nonattainment areas into the categories of subpart 1
nonattainment (``basic'' nonattainment) and subpart 2 nonattainment
(``classified'' nonattainment) based on their 8-hour ozone design
values (i.e., on the three-year average of the annual fourth-highest
daily maximum 8-hour ozone concentrations at the worst-case monitoring
sites in the designated areas) and on their 1-hour ozone design values
(i.e., on the fourth-highest daily maximum 1-hour ozone concentrations
over the three-year period at the worst-case monitoring sites in the
designated areas).\3\ 8-hour ozone nonattainment areas with 1-hour
ozone design values equaling or exceeding 121 ppb were designated as
subpart 2, classified nonattainment areas. Classification of the
subpart 2 nonattainment areas were based on the levels of the monitored
8-hour ozone design values for each nonattainment area. All other 8-
hour nonattainment areas were designated as subpart 1, basic
nonattainment areas, which have no area-specific classifications.
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\3\ The 8-hour ozone design value and the 1-hour ozone design
value for each area were not necessarily recorded at the same
monitoring site. The worst-case monitoring site for each ozone
concentration averaging time was considered for each area.
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Emission control requirements for classified nonattainment areas
are linked to area classifications. Areas with more serious ozone
pollution problems are subject to more prescribed requirements. The
requirements are designed to bring areas into attainment by their
specified attainment dates, which also depend on the area
classifications. For example, marginal nonattainment areas are subject
to the fewest mandated control requirements and have the earliest
attainment deadline. Whereas, severe nonattainment areas are required
to meet more mandated emission controls, including tighter restrictions
on the sizes of existing VOC and NOX sources required to
install emission controls and tighter restrictions on mandated emission
controls and offsetting of new sources, and have a later attainment
deadline. In contrast, the attainment deadline for basic nonattainment
areas does not depend on the magnitude of the area 8-hour ozone design
values.
Under EPA regulations at 40 CFR part 50, the 8-hour ozone standard
is attained when the three-year average of the annual fourth-highest
daily maximum 8-hour average ozone concentrations is less than or equal
to 0.08 ppm (i.e., less than or equal to 0.084 ppm or 84 ppb based on
data rounding conventions specified in appendix I of 40 CFR part 50)
over the most recent three-year period at all monitors in an area and
in its impacted downwind environs. (See 69 FR 23857 (April 30, 2004)
for further information.) Such supporting data must meet a minimum data
completeness requirement. The completeness requirement (specified in
appendix I of 40 CFR part 50) for ozone data supporting a determination
of attainment and a redesignation to attainment is met when the annual
average percent of days with valid ambient monitoring data is greater
than 90 percent for the ozone seasons during the three-year period,
with no single year with less than 75 percent data completeness during
the ozone season.
In the April 30, 2004 designation/classification rulemaking, the
Wheeling, WV-OH area, including Belmont County, was designated as
subpart 1 nonattainment for the 8-hour ozone standard. The designation
was based on ozone data collected during the 2001-2003 period.
[[Page 77668]]
On June 20, 2006, the State of Ohio requested redesignation of
Belmont County to attainment of the 8-hour ozone NAAQS based on ozone
data collected in these Counties during the 2003-2005 period. On August
24, 2006, the State of Ohio completed the ozone redesignation request
by submitting documentation of the public hearing conducted by the
State for the redesignation request and ozone maintenance plan. All
information contained in the State's June 20, 2006 ozone redesignation
request submittal was unchanged through the State's public review
process (summarized in the August 24, 2006 submittal). On December 4,
2006, the State submitted a clarification to the State's ozone
maintenance plan, indicating that the State is committed to implement
contingency emission control measures in the event of a violation of
the 8-hour ozone standard subsequent to the redesignation of Belmont
County and the Wheeling, WV-OH area to attainment of the 8-hour ozone
NAAQS.
Note that the State of West Virginia has also submitted an ozone
redesignation request for the West Virginia portion of the Wheeling,
WV-OH area (for Marshall and Ohio Counties). The West Virginia ozone
redesignation request is being addressed through a separate rulemaking
process. EPA published a notice of proposed rulemaking on the West
Virginia request on October 2, 2006 (71 FR 57894).
III. What Are the Criteria for Redesignation to Attainment?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation to attainment provided that:
(1) The Administrator determines that the area has attained the
applicable NAAQS based on current air quality data; (2) the
Administrator has fully approved an applicable state 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 emission reductions resulting from
implementation of the applicable SIP, Federal air pollution control
regulations, and other permanent and enforceable emission reductions;
(4) the Administrator has fully approved a maintenance plan for the
area meeting the requirements of section 175A of the CAA; and (5) the
state containing the area has met all requirements applicable to the
area under section 110 and part D of the CAA.
EPA provided guidance on redesignations in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990 on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070). EPA provided further guidance on processing
redesignation requests in the following documents:
``Ozone and Carbon Monoxide Design Value Calculations,'' Memorandum
from Bill Laxton, June 18, 1990;
``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;
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992;
``State Implementation Plan (SIP) Actions Submitted in Response to
Clean Air Act (Act) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSD's) for Redesignation of Ozone
and Carbon Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
``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;
``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;
``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,
``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 Are EPA's Analyses of the State's Requests and What Are the
Bases for EPA's Proposed Actions?
EPA is proposing to: (1) Determine that Belmont County has attained
the 8-hour ozone standard and approve the redesignation of this County
to attainment of the 8-hour ozone NAAQS; and (2) approve the ozone
maintenance plan for this County and the VOC and NOX MVEBs
supported by the ozone maintenance plan. The bases for our proposed
determination and approvals are as follows:
1. Belmont County and the Wheeling, WV-OH Area Have Attained the 8-Hour
Ozone NAAQS
For ozone, as noted above, an area may be considered to be
attaining the 8-hour ozone NAAQS if there are no violations of the
NAAQS, as determined in accordance with 40 CFR 50.10 and 40 CFR part 50
appendix I based on the most recent three complete, consecutive
calendar years of quality-assured air quality monitoring data at all
monitoring sites in the area and in its impacted downwind environs. To
attain this standard, the average of the annual fourth-high daily
maximum 8-hour average ozone concentrations measured and recorded at
each monitor (the monitoring site's ozone design value) within the area
and in its impacted downwind environs over the most recent three-year
period must not exceed the ozone standard. Based on the ozone data
rounding convention described in 40 CFR part 50 appendix I, the 8-hour
ozone standard is attained if the area's ozone design value \4\ is
0.084 ppm (84 ppb) or less. The data must be collected and quality-
assured in accordance with 40 CFR part 50, and must be recorded in
EPA's Air Quality System (AQS).
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\4\ The worst-case monitoring site-specific ozone design value
in the area or in its impacted downwind environs.
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As part of the June 20, 2006 ozone redesignation request, the Ohio
EPA submitted ozone monitoring data indicating the top four daily
maximum 8-hour ozone concentrations for each monitoring site in the
Wheeling, WV-OH area during the 2002-2005 period. These ozone
concentrations are part of the quality-assured ozone data collected in
this area and recorded in the AQS. The annual fourth-high 8-hour daily
maximum concentrations for each year during the 2002-2005 period, along
[[Page 77669]]
with the three-year averages,\5\ are summarized in Table 1.
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\5\ Three-year averages are specified for the last year of each
three-year period.
Table 1.--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations in Parts Per Million (ppm)
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Percent Fourth-high Three-year
Site ID County Address Year observations concentration average
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54-069-0007............................ Ohio (WV)................. Northern Panhandle........ 2002 100 0.097 NA
54-069-0007............................ Ohio (WV)................. Northern Panhandle........ 2003 99 0.076 NA
54-069-0009............................ Ohio (WV)................. Wheeling EPA.............. 2004 100 0.063 0.079
54-069-0010............................ Ohio (WV)................. Warwood Water Plant....... 2005 100 0.089 0.076
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It is noted that the ozone monitor for this area was moved several
times during the three-year attainment period. While the monitor was
relocated twice after 2003, the monitoring site remained within five
miles of its original location in 2003. Statistical analysis of data
submitted by the State of West Virginia, which was conducted by EPA
during the review of the West Virginia ozone redesignation request, led
to the conclusion that the various ozone monitoring sites can be
treated as one and that, collectively, the three monitoring sites have
maintained the integrity of the conclusions drawn concerning the three-
year averages of the fourth-high daily maximum 8-hour ozone
concentrations. (See the Technical Support Document prepared for the
review of the West Virginia ozone redesignation request available at
EPA's Region III Air Division office. Also see 71 FR 57894, October 2,
2006.)
The monitored ozone concentrations for 2002-2004 show that the
entire Wheeling, WV-OH area has attained the 8-hour ozone standard with
a current (2003-2005) ozone design value of 0.076 ppm. The data
collected at the Ohio County, West Virginia monitoring sites satisfy
the CAA requirement that the ozone standard must be attained at all
sites in the ozone nonattainment area. The three-year ozone design
value for the nonattainment area is less than 0.085 ppm.
West Virginia has committed to continue ozone monitoring in this
area as part of the State's ozone maintenance plan (see 71 FR 57897,
October 2, 2006). Since the State of Ohio does not conduct ozone
monitoring in this area, but relies on the State of West Virginia for
this purpose, the commitment of West Virginia to continue monitoring in
this area meets the redesignation requirement, in accordance with 40
CFR part 58, that ozone monitoring will be continued to assure
continued attainment of the 8-hour ozone standard.
We believe that the ozone monitoring data submitted by the State of
West Virginia provide an adequate demonstration that the Wheeling, WV-
OH area has attained the 8-hour ozone NAAQS. Therefore, we propose to
determine that Belmont County, Ohio, as part of the Wheeling, WV-OH
area, has attained the 8-hour ozone NAAQS.
Please note that available, non-quality assured data for 2006 show
that this area continues to attain the 8-hour ozone standard through
2006.
2. Belmont County and the State of Ohio Have Met All Applicable
Requirements Under Section 110 and Part D of the CAA and This Area Has
a Fully Approved SIP Under Section 110(k) of the CAA
We have determined that Belmont County and the State of Ohio have
met all currently applicable SIP requirements for Belmont County under
section 110 of the CAA (general SIP requirements). We have determined
that the Ohio SIP meets the currently applicable SIP requirements under
subpart 1 part D of title I of the CAA (requirements specific to basic
ozone nonattainment areas). See section 107(d)(3)(E)(v) of the CAA. In
addition, we have determined that all applicable requirements are
approved in the Ohio SIP. See section 107(d)(3)(E)(ii) of the CAA. In
making these determinations, we determined the CAA requirements which
are applicable to Belmont County, and determined that the applicable
portions of the SIP meeting these requirements are fully approved under
section 110(k) of the CAA. We note that SIPs must be fully approved
only with respect to currently applicable requirements of the CAA,
which in this case are those CAA requirements applicable to Belmont
County at the time the State submitted a complete ozone redesignation
request for this area, on August 24, 2006.
a. Belmont County Has Met All Applicable Requirements Under Section 110
and Part D 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. To qualify for redesignation of an area to
attainment under this interpretation, the state and the area must meet
the relevant CAA requirements that apply at the time of the State's
submittal of a complete redesignation request for the area. See also
the September 17, 1993 Michael Shapiro memorandum, and 66 FR 12459,
12465-12466 (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 redesignation request remain applicable until a
redesignation of the area to attainment of the standard is approved,
but are not required as prerequisites 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).
General SIP requirements: Section 110(a) of title I of the CAA
contains the general requirements for a SIP, which include: enforceable
emission limitations and other control measures, means, or techniques;
provisions for the establishment and operation of appropriate devices
necessary to collect data on ambient air quality; and programs to
enforce the emission limitations. General SIP elements and requirements
are delineated in section 110(a)(2) of title I, part A of the CAA.
These requirements and SIP elements include, but are not limited to,
the
[[Page 77670]]
following: (a) Submittal of a SIP that has been adopted by the State
after reasonable public notice and a hearing; (b) provisions for
establishment and operation of appropriate procedures needed to monitor
ambient air quality; (c) implementation of a source permit program; (d)
provisions for the implementation of part C requirements (Prevention of
Significant Deterioration (PSD)) and part D requirements (New Source
Review (NSR)) for new sources or major source modifications; (e)
criteria for stationary source emission control measures, monitoring,
and reporting; (f) provisions for air quality modeling; and (g)
provisions for public and local agency participation.
SIP requirements and elements are discussed in the following EPA
documents: ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992; ``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; and ``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, September 17,
1993. See also other guidance documents listed above.
Section 110(a)(2)(D) of the CAA requires SIPs to contain certain
measures to prevent sources in a state from significantly contributing
to air quality problems in another state. To implement this provision,
EPA required states to establish programs to address transport of air
pollutants (NOX SIP call and Clean Air Interstate Rule
(CAIR)). EPA has also found, generally, that states have not submitted
SIPs under section 110(a)(1) of the CAA to meet the interstate
transport requirements of section 110(a)(2)(D)(i) of the CAA (70 FR
21147, April 25, 2005). However, the section 110(a)(2)(D) requirements
for a state are not linked with a particular nonattainment area's
classification. EPA believes that the requirements linked with a
particular nonattainment area's classification are the relevant
measures to evaluate when reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the state.
We believe that these requirements should not be construed to be
applicable requirements for purposes of redesignation. Further, we
believe that the other section 110 elements described above that are
not connected with nonattainment plan submissions and that are not
linked with an area's attainment status are also not applicable
requirements for purposes of redesignation. A state remains subject to
these requirements after an area is redesignated to attainment. We
conclude that only the section 110 and part D requirements which are
linked with an area's designation and classification are the relevant
measures for evaluating this aspect of a redesignation request. This
approach is consistent with EPA's policy on applicability of conformity
and oxygenated fuels requirements for redesignation purposes, 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 on
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 believe that section 110 elements not linked to the area's
nonattainment status are not applicable for purposes of redesignation.
Nonetheless, we also note that EPA has previously approved provisions
in the Ohio SIP addressing section 110 elements under the 1-hour ozone
standard. We have analyzed the Ohio SIP as codified in 40 CFR part 52,
subpart KK and have determined that it is consistent with the
requirements of section 110(a)(2) of the CAA. The SIP, which has been
adopted after reasonable public notice and hearing, contains
enforceable emission limitations; requires monitoring, compiling, and
analyzing ambient air quality data; requires preconstruction review of
new major stationary sources and major modifications of existing
sources; provisions for adequate funding, staff, and associated
resources necessary to implement its requirements; requires stationary
source emissions monitoring and reporting; and otherwise satisfies the
applicable requirements of section 110(a)(2).
Part D SIP requirements: EPA has determined that the Ohio SIP meets
applicable SIP requirements under part D of the CAA. Under part D, an
area's classification (subpart 1, marginal, moderate, serious, severe,
and extreme) indicates the requirements to which it will be subject.
Subpart 1 of part D, found in sections 172-176 of the CAA, sets forth
the basic nonattainment area plan requirements applicable to all
nonattainment areas. Subpart 2 of part D, found in section 182 of the
CAA, establishes additional specific requirements depending on the
area's nonattainment classification.
Part D, subpart 1 requirements: For purposes of evaluating this
redesignation request, the applicable subpart 1 part D requirements for
all nonattainment areas are contained in sections 172(c)(1)-(9) and
176. A thorough discussion of the requirements of section 172 can be
found in the General Preamble for Implementation of Title I (57 FR
13498). See also 68 FR 4852-4853, a notice of proposed rulemaking for
an ozone redesignation for the St. Louis area, for a discussion of
section 172 requirements.
No requirements under part D of the CAA came due for Belmont County
prior to the State's submittal (August 24, 2006) of a complete ozone
redesignation request for this area. For example, the requirement for
an ozone attainment demonstration, as contained in section 172(c)(1),
is not yet applicable, nor are the requirements for Reasonably
Available Control Measures (RACM) and Reasonably Available Control
Technology (RACT) (section 172(c)(1)), Reasonable Further Progress
(RFP) (section 172(c)(2)), and attainment plan and RFP contingency
measures (section 172(c)(9)). Therefore, none of the part D
requirements are applicable to Belmont County for purposes of
redesignation.
Section 176 conformity requirements: Section 176(c) of the CAA
requires states to establish criteria and procedures to ensure that
Federally-supported or funded activities, including highway projects,
conform to the air planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects developed, funded, or approved under Title 23
U.S.C. and the Federal Transit Act (transportation conformity) as well
as to all other Federally-supported or funded projects (general
conformity). State conformity SIP revisions must be consistent with
Federal conformity regulations that the CAA required the EPA to
promulgate.
As with other 8-hour ozone nonattainment area requirements, EPA
believes that the conformity requirements do not apply for purposes of
evaluating the ozone redesignation request under section 107(d) of the
[[Page 77671]]
CAA. Further support for this view lies in the fact that state
conformity rules are still required after redesignation of areas to
attainment of a NAAQS and Federal conformity rules apply where state
rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir.
2001). See also 60 FR 62748 (December 7, 1995) (Tampa, Florida).
Part D new source review requirements: EPA has determined that
areas being redesignated need not comply with the requirement that a
New Source Review (NSR) program be approved prior to redesignation,
provided that the area demonstrates maintenance of the standard without
part D NSR, since Prevention of Significant Deterioration (PSD)
requirements will apply after redesignation. 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 Belmont
County will be able to maintain the 8-hour ozone standard without part
D NSR in effect, and therefore, we conclude 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
Belmont County upon redesignation to attainment. 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); Grand Rapids, Michigan (61 FR
31834-31837, June 21, 1996).
We conclude that Belmont County and the State of Ohio have
satisfied all applicable requirements under section 110 and part D of
the CAA to the extent that these requirements apply for purposes of
reviewing the State's ozone redesignation request for this area.
b. Belmont County Has a Fully Approved Applicable SIP Under Section
110(k) of the CAA
EPA has fully approved the Ohio SIP for Belmont County under
section 110(k) of the CAA for all applicable requirements. EPA may rely
on prior SIP approvals in approving a redesignation request (See the
September 4, 1992 John Calcagni memorandum, page 3, Southwestern
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-990 (6th
Cir. 1998), Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)) plus any
additional measures it may approve in conjunction with a redesignation
action. See 68 FR 25426 (May 12, 2003). Since the passage of the CAA of
1970, Ohio has adopted and submitted, and EPA has fully approved,
provisions addressing the various required SIP elements applicable to
Belmont County for purposes of redesignation. No Belmont County SIP
provisions are currently disapproved, conditionally approved, or
partially approved. As indicated above, EPA believes that the section
110 elements not connected with nonattainment plan submissions and not
linked to the area's nonattainment status are not applicable
requirements for purposes of reviewing of the State's redesignation
request. EPA has also noted that it may conclude that the section 110
SIP submission approved under the 1-hour standard will be adequate for
purposes of attaining and maintaining the 8-hour standard. EPA also
believes that since the part D requirements did not become due prior to
Ohio's submission of a final, complete redesignation request for
Belmont County, they also are not applicable requirements for purposes
of redesignation.
3. The Air Quality Improvement in the Wheeling, WV-OH Area Is Due to
Permanent and Enforceable Reductions in Emissions Resulting From
Implementation of the SIP, Federal Air Pollution Control Regulations,
and Other Permanent and Enforceable Emission Reductions
In making this demonstration, the States of West Virginia \6\ and
Ohio have documented changes in VOC and NOX emissions from
all anthropogenic (man-made or man-based) sources in the Wheeling, WV-
OH area occurring between 2002, an ozone standard violation year, and
2004, one of the years in which the Wheeling, WV-OH area has recorded
attainment of the 8-hour ozone standard. The States have also discussed
permanent and enforceable emission reductions that have occurred
elsewhere in the States and in other upwind areas that have contributed
to the air quality improvement in the Wheeling, WV-OH area. Table 2
summarizes the VOC and NOX emissions totals from the
anthropogenic sources in 2002 and 2004 for the Wheeling, WV-OH area.
From the table, it can be seen that VOC emissions have essentially
remained constant between 2002 and 2004, whereas NOX
emissions have significantly declined between 2002 and 2004.
---------------------------------------------------------------------------
\6\ West Virginia submitted a separate ozone redesignation
request for its portion of the Wheeling, WV-OH area. The West
Virginia redesignation request is addressed in a separate EPA
proposed rule. West Virginia did supply emissions data for the
Wheeling area to the State of Ohio for inclusion in Ohio's ozone
request.
---------------------------------------------------------------------------
The States of Ohio and West Virginia conclude that the differences
in the 2002 and 2004 emissions are due primarily to the implementation
of permanent and enforceable emission control requirements. The States
have asserted that these emission reductions along with those occurring
elsewhere in the two States and in other upwind areas have led to the
observed improvement in air quality in the Wheeling, WV-OH area.
Table 2.--Total Anthropogenic VOC and NOX Emissions for 2002 and 2004 in the Wheeling, WV-OH Area
[tons per day]
----------------------------------------------------------------------------------------------------------------
County Point Area Non-road Mobile Total
----------------------------------------------------------------------------------------------------------------
2002 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Belmont County, Ohio..................................... 0.2 4.1 1.0 4.2 9.5
Marshall and Ohio Counties, West Virginia................ 3.0 14.8 2.3 3.4 23.5
------------------------------------------------------
2002 Total........................................... 3.2 18.9 3.3 7.6 33.0
----------------------------------------------------------------------------------------------------------------
2004 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Belmont County, Ohio..................................... 0.2 4.0 0.9 3.5 8.6
[[Page 77672]]
Marshall and Ohio Counties, West Virginia................ 3.0 15.4 2.3 2.8 23.5
------------------------------------------------------
2004 Total........................................... 3.2 19.4 3.2 6.3 32.1
Difference (2002-2004) \7\....................... 0.0 -0.5 0.1 1.3 0.9
----------------------------------------------------------------------------------------------------------------
2002 Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Belmont County, Ohio..................................... 31.8 0.3 3.0 7.4 42.5
Marshall and Ohio Counties, West Virginia................ 152.2 3.4 5.6 5.4 166.6
------------------------------------------------------
2002 Total........................................... 174.0 3.7 8.6 15.8 209.1
----------------------------------------------------------------------------------------------------------------
2004 Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Belmont County, Ohio..................................... 28.7 0.3 2.9 6.3 38.2
Marshall and Ohio Counties, West Virginia................ 85.8 3.4 7.3 4.7 101.2
------------------------------------------------------
2004 Total........................................... 114.5 3.7 10.2 11.0 139.4
Difference (2002-2004)........................... 59.5 0.0 -1.6 4.8 69.7
----------------------------------------------------------------------------------------------------------------
The significant decline in NOX emissions in this area
between 2002 and 2004 occurred primarily at Electric Generating Units
(EGU) and at large industrial boilers as the result of the
implementation of the States' NOX emission control rules
(resulting from the implementation of EPA's NOX SIP call and
acid rain emission controls under title IV of the CAA). Besides the
NOX emission reductions occurring within the nonattainment
area itself, the implementation of the States' NOX control
rules have reduced NOX emission throughout both Ohio and
West Virginia. The additional statewide emission reductions have
contributed to attainment of the 8-hour ozone standard in the Wheeling,
WV-OH area.
---------------------------------------------------------------------------
\7\ Positive differences indicate a decrease in emissions over
time from 2002 to 2004. Negative differences indicate emissions were
increasing over time, primarily as the result of emission changes
from source growth exceeding the impacts of implemented emission
controls.
---------------------------------------------------------------------------
We concur with the State of Ohio that NOX emissions have
been significantly lowered in the Wheeling, WV-OH area and throughout
the States of Ohio and West Virginia. We also concur with the State
that these emission reductions have contributed to attainment of the 8-
hour ozone standard in the Wheeling, WV-OH area. Therefore, the State
of Ohio has met this criteria for redesignation of Belmont County to
attainment of the 8-hour ozone standard.
Besides implementation of the NOX emission control rules
and despite the general lack of decreasing emissions for VOC (the data
imply that existing VOC control measures are reducing VOC emission at
current rates that are generally keeping pace with new source growth),
additional emission controls are being implemented in the Wheeling, WV-
OH area which will also contribute to attainment and maintenance of the
8-hour ozone standard. The State of Ohio notes that, in the mid-1990's,
the State promulgated statewide rules requiring Reasonably Available
Control Techniques (RACT) for significant new sources of VOC emissions.
The RACT rules have been implemented for significant new sources
locating in Ohio subsequent to the State adoption of the rules.
Additional implemented, or soon to be implemented, emission control
rules include several Federal rules: (1) Tier II emission standards for
vehicles and gasoline sulfur standards (promulgated by EPA in February
2000 and currently being implemented); (2) heavy-duty diesel engine
emission control rules (promulgated by the EPA in July 2000 and
currently being implemented; and (3) clean air non-road diesel rule
(promulgated by the EPA in May 2004 and currently being phased in
through 2009). All of these rules have contributed to reducing VOC and
NOX emissions throughout the States of Ohio and West
Virginia and will contribute to future emission reductions in these
States.
The State of Ohio commits to continuing the existing VOC and
NOX emission controls after the Wheeling, WV-OH area is
redesignated to attainment of the 8-hour ozone standard.
4. Belmont County Has a Fully Approvable Ozone Maintenance Plan
Pursuant to Section 175A of the CAA
In conjunction with its request to redesignate Belmont County to
attainment of the ozone NAAQS, Ohio submitted a SIP revision request to
provide for maintenance of the 8-hour ozone NAAQS in Belmont County and
in the entire Wheeling, WV-OH area through 2018, exceeding the minimum
10 year maintenance period required by the CAA.
a. What Is Required in an Ozone Maintenance Plan?
Section 175A of the CAA sets forth the required elements of air
quality maintenance plans for areas seeking redesignation from
nonattainment to attainment of a NAAQS. Under section 175A, a
maintenance plan must demonstrate continued attainment of the
applicable NAAQS for at least 10 years after the Administrator approves
the redesignation to attainment. Eight years after the redesignation,
the State must submit a revised maintenance plan which demonstrates
that maintenance of the standard will continue for 10 years following
the initial 10 year maintenance period. To address the possibility of
future NAAQS violations, the maintenance plan must contain such
contingency measures, with a schedule for implementation, as EPA deems
necessary, to assure prompt correction of any future NAAQS violations.
The September 4, 1992 John Calcagni memorandum provides additional
guidance on the content of maintenance plans. An ozone maintenance plan
should, at minimum, address the
[[Page 77673]]
following items: (1) The attainment VOC and NOX emissions
inventories; (2) a maintenance demonstration showing maintenance for
the first 10 years of the maintenance period; (3) a commitment to
maintain the existing monitoring network; (4) factors and procedures to
be used for verification of continued attainment; and (5) a contingency
plan to prevent and/or correct a future violation of the NAAQS.
b. What Are the Attainment Emission Inventories for Belmont County?
Ohio EPA prepared comprehensive VOC and NOX emission
inventories for Belmont County, including EGU and non-EGU point
(significant stationary sources), other (area) (smaller and widely-
distributed stationary sources), Marine, Aircraft, and Rail mobile
(MAR), mobile on-road, and mobile non-road sources for 2002 (the base
year). To develop the attainment year (2004) and projected maintenance
years (2009 and 2018) emissions, the Ohio EPA projected the 2002
emissions applying various source category-specific growth factors and
emission control factors.
The State has thoroughly documented how the 2002 base year
emissions were derived. The following summarizes the procedures and
sources of data used by the Ohio EPA to derive the base year emissions.
i. Point Sources. The primary source of point source information
was facility-specific information collected annually by the State for
sources covered by Title V source permits. This information includes
emissions, process rates, operating schedules, emissions control data,
and other relevant information. The State also used emissions data
provided by EPA's EGU emission inventory, maintained to support the
NOX SIP call emissions trading program and the acid rain
control program. The sources included in the 2002 point source
inventory were identified using Ohio's Title V STARS database. The
emissions included in this database are facility-reported actual
emissions.
Ohio EPA defines point source process emissions as those which
occur at an identifiable stationary stack or vent. Point source
emissions not emitted from discrete stacks or vents are defined to be
fugitive emissions. Facility-specific fugitive emissions are also
reported by each Title V facility and stored in the Title V STARS
database.
Point source emissions included in the 2002 base year emissions
inventory were provided to the Lake Michigan Air Directors Consortium
(LADCO) in National Emissions Inventory Input Format (NIF) 3.0 format.
LADCO imported and processed the NIF files in the Emissions Modeling
System (EMS) and applied temporal and spatial profiles to calculate
July weekday emissions rates. The Belmont County emissions derived from
this set of emissions data were split into EGU emissions and non-EGU
emissions for inclusion in the base year emissions inventory used to
support the Belmont County ozone redesignation request.
ii. Area (Other) Sources. Area sources are those sources which are
generally small, numerous, and have not been inventoried as specific
point, mobile, or biogenic sources. The emissions for these sources are
calculated and grouped by source type and are estimated using various
surrogates, such as population, estimates of employees in various
occupational groups and facility-types, etc. The area source emissions
are typically defined at the county level.
To estimate the area source emissions, Ohio EPA has either used
published Emission Inventory Improvement Program (EIIP) emissions
estimation methodologies or other methodologies typically used by other
states. Area source categories include: Various stationary combustion
sources (not including the EGU sources included in the point source
portion of the emissions inventory); human cremation; agricultural
pesticides; architectural surface coatings; auto body refinishing;
consumer and commercial solvents; degreasing and solvent cleaning (not
included in point source emissions); fuel marketing; graphic arts (the
emissions from the smaller facilities not included in the Title V STARS
database); hospital sterilizers; small industry surface coating; small
industry rubber and plastics coating; landfills; portable fuel
containers; traffic markings; and Privately Owned Treatment Works
(POTWs). The State has documented the data sources and emission factors
or calculation procedures used for each of these area source
categories.
iii. Non-Road Mobile Sources. The non-road mobile source emissions
inventory was generated regionally by running EPA's National Mobile
Inventory Model (NMIM). The output of the NMIM was converted to the NIF
format and submitted to LADCO for processing in the EMS to obtain
spatially and temporally allocated emissions for a July weekday. The
basic non-road algorithm for calculating emissions in NMIM uses base
year equipment populations, average load factors, available engine
powers, activity hours and emission factors to calculate the emissions.
To address concerns about the accuracy of NMIM for some source
categories, LADCO contracted with two consulting companies to review
the base data and make recommended changes.
iv. Marine, Aircraft, and Rail (MAR) Sources. Due to the
significance of the emissions from these source types, the Ohio EPA has
decided to treat these source categories separately from other non-road
mobile sources. The MAR emissions include emissions from commercial
marine, aircraft, and locomotive sources.
Commercial marine vessels consist of several different categories
of vessel types. For each vessel type, there are unique engine types,
emission rates, and activity data sets. The emissions inventory
documentation lists the vessel types and activity data sources by
vessel type, along with the special distribution of each vessel type.
Locomotive activity was divided into various rail categories: Class
I operations; Class II/III operations; passenger trains; consumer
lines; and yard operations. Since Class I operations are expected to be
the most significant rail operations in most areas, including Belmont
County, operators of Class I operations were queried for activity and
emissions-related information for each railroad line. Class I activity
levels were provided by county in terms of ton-miles of freight
movement and estimated fuel consumption. This approach provided for
more specific estimates of emissions by railroad line. Class II/III
emissions were based on national fuel consumption and per employee fuel
consumption estimates. The number of employees in each county was used
to allocate the fuel consumption to each county and, therefore, the
emissions to each county. The passenger train estimates were based on
information provided by AMTRAK on the weekly schedule of train
operation, and the emissions were based on an assumption of 2.35
gallons of fuel use per train-mile of travel. No commuter lines or yard
operations exist in Belmont County.
EPA provided the aircraft emission estimates based on Federal
Aviation Administration (FAA) published Landing and Take-Off (LTO)
rates by engine type for each airline and major airport in the State of
Ohio. The LTO-engine information was combined with engine type-specific
emission factors developed by the International Civil Aviation
Organization (ICAO), and, through use of an FAA Emissions and
Dispersion Modeling System (EDMS), emissions were assigned to each
county in the State, including Belmont County.
[[Page 77674]]
LADCO processed all of the MAR emissions data through the EMS to
calculate July 2002 weekday emissions for VOC and NOX.
v. On-Road Mobile Sources. A regional transportation model operated
by the Belmont, Ohio, Marshall Regional Council Metropolitan Planning
Organization (Bel-O-Mar), West Virginia Department of Transportation
(WVDOT), and Ohio Department of Transportation (Ohio DOT) was used to
estimate traffic levels, vehicle age and type distributions, vehicle
speeds, and other emissions-related vehicle parameters for the roadways
in Belmont County and elsewhere in the Wheeling, WV-OH area. This
vehicle travel information, along with the MOBILE 6.2 vehicle emission
factor model, was used to estimate mobile source VOC and NOX
emissions for Belmont County and the entire Wheeling, WV-OH area.
vi. Projected Emissions for the Attainment Year. Ambient air
quality data showed that the Wheeling, WV-OH area met the 8-hour ozone
NAAQS in 2004. Ohio EPA used point source growth data provided by
individual point source facilities along with other source category
growth estimates and emission control estimates to estimate 2004 VOC
and NOX emissions for Belmont County. The State of West
Virginia estimated 2004 VOC and NOX emissions for the
remainder of the Wheeling, WV-OH area. The estimated 2004 emissions
have been compared to the 2002 emissions to demonstrate the basis for
the improved air quality in the Wheeling, WV-OH area. See Table 2 above
for the 2004 attainment level emissions.
c. Demonstration of Maintenance
To demonstrate maintenance of the attainment of the 8-hour ozone
standard for at least 10 years following the redesignation of the
Wheeling, WV-OH area to attainment of the 8-hour ozone NAAQS, the State
of Ohio and the State of West Virginia projected the VOC and
NOX emissions in the Wheeling, WV-OH area for the years of
2009 and 2018. For Belmont County, Ohio EPA used source growth
estimates provided by LADCO along with mobile source growth estimates
generated using the regional transportation model and MOBILE 6.2 to
project the Belmont County VOC and NOX emissions. The
methods used by the State of West Virginia are described in West
Virginia's ozone redesignation request (reviewed in a separate EPA
proposed rule. See 71 FR 57894, October 2, 2006). Note that 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)
and 68 FR 25430-25432 (May 12, 2003).
Table 3 summarizes the VOC emissions projected to occur in Belmont
County, Ohio and in Marshall and Ohio Counties, West Virginia during
the demonstrated ozone maintenance period. Similarly, Table 4
summarizes the NOX emissions projected to occur in the same
area during the demonstrated ozone maintenance period. The State of
Ohio and the State of West Virginia chose 2018 as a projection year to
meet the 10-year maintenance demonstration requirement, allowing
several years for EPA to complete the redesignation rulemaking process.
The States also chose 2009 as an interim year to demonstrate that VOC
and NOX emissions will remain below the attainment year
levels throughout the 10-year maintenance period.
Table 3.--Projected VOC Emissions in the Wheeling, WV-OH Area
[tons/day]
----------------------------------------------------------------------------------------------------------------
2004 2018
Source sector attainment 2009 interim maintenance Safety margin
----------------------------------------------------------------------------------------------------------------
Belmont County VOC Emissions
----------------------------------------------------------------------------------------------------------------
EGU Point....................................... 0.17 0.12 0.17
Non-EGU Point................................... 0.03 0.03 0.04
Area (Other).................................... 4.03 3.85 3.86
Non-Road Mobile................................. 0.88 0.76 0.56
On-Road Mobile.................................. 3.52 *2.60 *1.52
Marine-Air-Railroad............................. 0.05 0.05 0.5
---------------------------------------------------------------
Total Belmont County........................ 8.68 7.41 6.20 **2.48
----------------------------------------------------------------------------------------------------------------
Marshall and Ohio Counties, West Virginia VOC Emissions
----------------------------------------------------------------------------------------------------------------
EGU Point....................................... 0.5 0.7 0.7
Non-EGU Point................................... 2.5 2.1 2.6
Area (Other).................................... 15.4 7.3 8.4
Non-Road Mobile (MAR included).................. 2.3 2.1 1.8
On-Road Mobile.................................. 2.81 2.22 1.24
---------------------------------------------------------------
Total Marshall and Ohio Counties............ 23.51 14.42 14.74 **8.77
---------------------------------------------------------------
Total Wheeling, WV-OH....................... 32.19 21.83 20.94
----------------------------------------------------------------------------------------------------------------
* Includes 15 percent mobile source budget increase as a safety margin. Actual projected 2018 on-road mobile
source VOC emissions in Belmont County are 1.32 tons per day.
** Difference between 2004 attainment year emissions and 2018 maintenance year emissions.
[[Page 77675]]
Table 4.--Projected NOX Emissions in the Wheeling, WV-OH Area
[tons/day]
----------------------------------------------------------------------------------------------------------------
2004 2009 2018 Safety
Source sector attainment interim maintenance margin
----------------------------------------------------------------------------------------------------------------
Belmont County NOX Emissions
----------------------------------------------------------------------------------------------------------------
EGU Point................................................... 28.61 20.96 18.85
Non-EGU Point............................................... 0.08 0.08 0.08
Area (Other)................................................ 0.29 0.36 0.38
Non-Road Mobile............................................. 1.35 1.16 0.63
On-Road Mobile.............................................. 6.29 \*\ 4.69 \*\ 1.91
Marine-Air-Railroad......................................... 1.54 1.38 1.28
---------------------------------------------------
Total Belmont County.................................... 38.16 28.63 23.13 **15.03
----------------------------------------------------------------------------------------------------------------
Marshall and Ohio Counties, West Virginia NOX Emissions
----------------------------------------------------------------------------------------------------------------
EGU Point................................................... 73.20 51.1 14.9
Non-EGU Point............................................... 12.6 10.6 11.3
Area (Other)................................................ 3.4 1.8 2.0
Non-Road Mobile (MAR included).............................. 7.3 5.2 4.6
On-Road Mobile.............................................. 4.67 3.75 1.47
---------------------------------------------------
Total Marshall and Ohio Counties........................ 101.47 72.45 34.27 \* *\ 67.20
---------------------------------------------------
Total Wheeling, WV-OH................................... 139.63 101.08 57.40 ...........
----------------------------------------------------------------------------------------------------------------
\*\ Includes 15 percent mobile source budget increase as a safety margin. Actual projected 2018 on-road mobile
source NOX emissions in Belmont County are 1.66 tons per day.
**Difference between 2004 attainment year emissions and 2018 maintenance year emissions.
The Ohio EPA also notes that the State's EGU NOX
emissions control rules stemming from EPA's NOX SIP call and
Clean Air Interstate Rule (CAIR), to be implemented beyond 2006, will
further lower NOX emissions in upwind areas, resulting in
decreased ozone and ozone precursor transport into Belmont County and
the Wheeling, WV-OH area. This will also support maintenance of the
ozone standard in this area.
The emission projections for Belmont County and the Wheeling, WV-OH
area as a whole coupled with the expected impacts of the States' EGU
NOX rules and CAIR led to the conclusion that Belmont County
and the Wheeling, WV-OH area should maintain the 8-hour ozone NAAQS
throughout the required 10-year maintenance period and through 2018.
The projected decreases in local VOC and local and regional
NOX emissions indicate that peak ozone levels in the
Wheeling, WV-OH area may actually further decline during the
maintenance period.
Based on the comparison of the projected emissions and the
attainment year emissions, we conclude that Ohio EPA has successfully
demonstrated that the 8-hour ozone standard should be maintained in
Belmont County and in the Wheeling, WV-OH area. We believe that this is
especially likely given the expected impacts of the NOX SIP
call and CAIR. As noted by Ohio EPA, this conclusion is further
supported by the fact that other states in the eastern portion of the
United States are also expected to further reduce regional
NOX emissions through implementation of their ozone
NOX emission control rules for EGUs and other NOX
sources through the implementation of the NOX SIP call and
CAIR.
d. Contingency Plan
The contingency plan provisions of the CAA are designed to result
in prompt correction or prevention of violations of the NAAQS that
might occur after redesignation of an area to attainment of the NAAQS.
Section 175A of the CAA requires that a maintenance plan include such
contingency measures as EPA deems necessary to assure that the State
will promptly correct a violation of the NAAQS that might occur after
redesignation. The maintenance plan must identify the contingency
measures to be considered for possible adoption, a schedule and
procedure for adoption and implementation of the selected contingency
measures, 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 adopted and implemented. The
maintenance plan must include a requirement that the State will
implement all measures with respect to control of the pollutant(s) that
were included in the SIP before the redesignation of the area to
attainment. See section 175A(d) of the CAA.
As required by section 175A of the CAA, Ohio has adopted a
contingency plan to address a possible future ozone air quality problem
in the Wheeling, WV-OH area. The contingency plan has two levels of
actions/responses depending on whether a violation of the 8-hour ozone
standard is only threatened (Warning Level Response) or has actually
occurred or appears to be very imminent (Action Level Response).
A Warning Level Response will be triggered whenever an annual (1-
year) fourth-high monitored 8-hour ozone concentration of 88 ppb occurs
within the ozone maintenance area (within the Wheeling, WV-OH) area. A
Warning Level Response will consist of a study to determine whether the
ozone value indicates a trend toward higher ozone concentrations 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 taking into
consideration ease and timing for implementation, as well as economic
and social consideration, will be selected for possible adoption.
Implementation of necessary controls in response to a Warning Level
Response triggering will take place as expeditiously as possible, but
in no event later than 12 months from the conclusion of the most recent
ozone season (September 30).
[[Page 77676]]
An Action Level Response will be triggered whenever a two-year
averaged annual fourth-high monitored 8-hour ozone concentration of 85
ppb occurs within the maintenance area or whenever a violation of the
8-hour ozone standard is actually monitored in the maintenance area. An
Action Level Response will also be triggered if a violation of the 8-
hour ozone standard is monitored in the Wheeling, WV-OH area. In the
event that an Action Level Response is triggered and is not due to an
exceptional event, malfunction, or noncompliance with a source permit
condition or rule requirement, Ohio EPA will determine the additional
emission control measures needed to assure future attainment of the
ozone NAAQS. Emission control measures that can be implemented in a
short time will be selected in order to be in place within 18 months
from the close of the ozone season that prompted the Action Level
Response. Any new emission control measure that is selected for
implementation will be given a public review. If a new emission control
measure is already promulgated and scheduled to be implemented at the
Federal or State level and that emission control measure is determined
to be sufficient to address the upward trend in peak ozone
concentrations, additional local measures may be unnecessary. Ohio EPA
will submit to the EPA an analysis to demonstrate that the proposed
emission control measures are adequate to reverse the upward trend in
peak ozone concentrations and to maintain the 8-hour ozone standard in
the Wheeling, WV-OH area. The selection of emission control measures
will be based on cost-effectiveness, emission reduction potential,
economic and social considerations, or other factors that the Ohio EPA
and West Virginia Department of Environmental Protection (WVDEP) deem
to be appropriate. Selected emission control measures will be subjected
to public review and the States will seek public input prior to
selecting new emission control measures.
The State of Ohio ozone redesignation request lists the following
possible emission control measures as contingency measures in the ozone
maintenance portion of the State's submittal:
Extension of Reasonably Available Control Techniques
(RACT) requirements to include source categories previously excluded.
New VOC RACT rules could be adopted for the following source
categories:
[ssbox] Consumer products
[ssbox] Architectural and industrial maintenance coatings
[ssbox] Stage I gasoline dispensing facilities (including pressure
valves)
[ssbox] Automobile refinishing
[ssbox] Cold cleaner degreasers
[ssbox] Portable fuel containers
[ssbox] Synthetic organic compound manufacturing
[ssbox] Organic compound batch processes
[ssbox] Wood products manufacturing
[ssbox] Industrial wastewater
[ssbox] Aerospace industry
[ssbox] Ship building
[ssbox] Bakeries
[ssbox] Plastic parts coating
[ssbox] Volatile organic liquid storage
[ssbox] Industrial solvent cleaning
[ssbox] Offset lithography
[ssbox] Industrial surface coating; and
[ssbox] Other sources with VOC emissions greater than 50 tons per
year;
Revision of new source permitting requirements to require
more stringent emissions control technology and/or greater emissions
offsets;
NOX RACT, with the following being potential
source categories covered by such RACT requirements:
[ssbox] EGUs
[ssbox] Asphalt batching plants
[ssbox] Industrial/commercial and institutional boilers
[ssbox] Process heaters
[ssbox] Internal combustion engines
[ssbox] Combustion turbines
[ssbox] Other sources with NOX emissions exceeding 100
tons per year;
Regulations to establish plant-wide emission caps
(potentially with emission trading provisions);
Stage II vapor recovery regulations for gasoline service
stations; and,
Establishment of a Public Awareness/Ozone Action Days
Program, focusing on increasing the public's understanding of air
quality issues in the region and on increasing support for actions to
improve the air quality, resulting in reduced emissions on days with
the potential for high ozone concentrations.
One or more of these regulatory revisions would be selected within
three (3) months after verification of a monitored ozone standard
violation. For each regulatory revision selected, a draft rule will be
developed within six (6) months of selection. The State will file the
rule as an emergency rule, which will be become effective within 42
days after filing and fully implemented within six (6) months after
adoption. Rules will be filed as legislative rules for permanent
authorization by the Legislature during the following legislative
session. This approach means that less than 18 months should elapse
from the time a violation of the standard occurs until the appropriate
control measure(s) is fully in place. No contingency measure, however,
will be implemented without the State providing the opportunity for
full public participation and review.
e. Provisions for a Future Update of the Ozone Maintenance Plan
As required by section 175A(b) of the CAA, the State commits to
submit to the EPA an update of the ozone maintenance plan eight years
after redesignation of Belmont County to attainment of the 8-hour ozone
NAAQS. The updated maintenance plan will provide for maintenance of the
8-hour ozone standard in Belmont County and the Wheeling, WV-OH area
for an additional 10 years beyond the period covered by the initial
ozone maintenance plan.
We consider Ohio's ozone maintenance demonstration and contingency
plan to be acceptable.
V. Has Ohio Adopted Acceptable Motor Vehicle Emissions Budgets for the
End Year of the Ozone Maintenance Plans Which Can Be Used To Support
Conformity Determinations?
A. How Are the Motor Vehicle Emission Budgets Developed and What Are
the Motor Vehicle Emission Budgets for Belmont County?
Under the CAA, states are required to submit, at various times, SIP
revisions and ozone maintenance plans for applicable areas (for ozone
nonattainment areas and for areas seeking redesignations to attainment
of the ozone standard or revising existing ozone maintenance plans).
These emission control SIP revisions (e.g. reasonable further progress
and attainment demonstration SIP revisions), including ozone
maintenance plans, must create MVEBs based on on-road mobile source
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 of the ozone NAAQS.
Under 40 CFR part 93, MVEBs for an area seeking a redesignation to
attainment of the NAAQS are established for the last year of the
maintenance plan (for the maintenance demonstration year). The MVEBs
serve as ceilings on mobile source emissions from an area's planned
transportation system and are used to test planned transportation
system changes or projects to assure compliance with the emission
limits assumed in the SIP. The MVEB concept is further explained in the
preamble to the November 24, 1993 transportation conformity rule (58 FR
[[Page 77677]]
62188). The preamble also describes how to establish the MVEBs in the
SIP and how to revise the MVEBs if needed.
Under section 176(c) of the CAA, new transportation projects, such
as the construction of new highways, must ``conform'' to (i.e., be
consistent with) the part of the SIP that addresses emissions from
cars, trucks, and other on-roadway vehicles. Conformity to the SIP
means that transportation activities will not cause new air quality
standard violations, or delay timely attainment of the NAAQS. If a
transportation plan does not conform, most new transportation projects
that would expand the capacity of the roadways cannot go forward.
Regulations at 40 CFR part 93 set forth EPA's policy, criteria, and
procedures for demonstrating and assuring conformity of transportation
activities to a SIP.
When reviewing SIP revisions containing MVEBs, including attainment
strategies, rate-of-progress plans, and maintenance plans, EPA must
affirmatively find that the MVEBs are ``adequate'' for use in
determining transportation conformity. Once EPA affirmatively finds the
submitted MVEBs to be adequate for transportation conformity purposes,
the MVEBs are used by state and Federal agencies in determining whether
proposed transportation projects conform to the SIPs as required by
section 176(c) of the CAA. EPA's substantive criteria for determining
the adequacy of MVEBs are specified in 40 CFR 93.118(e)(4).
EPA's process of determining adequacy of MVEBs consists of three
basic steps: (1) Providing public notification of a SIP submission; (2)
providing the public the opportunity to comment on the MVEBs during a
public comment period; and (3) finally making a finding of adequacy.
The process of determining the adequacy of submitted SIP MVEBs was
initially outlined in EPA's May 14, 1999 guidance, ``Conformity
Guidance on Implementation of March 2, 1999, Conformity Court
Decision.'' This guidance was finalized in the Transportation
Conformity Rule Amendments for the ``New 8-Hour Ozone and PM2.5
National Ambient Air Quality Standards and Miscellaneous Rule
Amendments--Response to Court Decision and Additional Rule Change''
published on July 1, 2004 (69 FR 40004). EPA follows this guidance and
rulemaking in making its adequacy determinations.
The Transportation Conformity Rule, in 40 CFR 93.118(f), provides
for adequacy findings through two mechanisms. First, 40 CFR
93.118(f)(1) provides for posting a notice to the EPA conformity Web
site at: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm
and providing a 30-day public comment period. Second, a mechanism is
described in 40 CFR 93.118(f)(2) which provides that EPA can review the
adequacy of an implementation plan submission simultaneously with its
review of the implementation plan itself. In this notice, EPA is
reviewing the adequacy of the Belmont County motor vehicle emission
budgets as part of the review and proposal on the overall ozone
maintenance plan. The State of Ohio had previously requested parallel
processing and the expediency of this review process is best suited to
following the 40 CFR 93.118(f)(2) mechanism.
The Belmont County ozone maintenance plan contains VOC and
NOX MVEBs for 2018. EPA has reviewed the submittal and the
proposed VOC and NOX MVEBs for Belmont County, and finds
that the MVEBs meet the adequacy criteria in the Transportation
Conformity Rule. The 30-day comment period for the adequacy period will
be the same as the 30-day comment period for the proposed approval of
the MVEBs and ozone maintenance plan. Any and all comments on the
adequacy or approvability of the MVEBs should be submitted during the
comment period stated in the DATES section of this notice.
EPA, through this rulemaking, is proposing to approve the MVEBs for
use to determine transportation conformity in Belmont County because
EPA has determined that the budgets are consistent with the control
measures and future emissions projected in the SIP and that Belmont
County and the Wheeling, WV-OH area can maintain attainment of the 8-
hour ozone NAAQS for the relevant required 10-year period with mobile
source emissions at the levels of the MVEBs. Ohio EPA has determined
the 2018 MVEBs for Belmont County to be 1.52 tons per day for VOC and
1.91 tons per day for NOX. It should be noted that these
MVEBs exceed the on-road mobile source VOC and NOX emissions
projected by the Ohio EPA for 2018, but do match the on-road mobile
source emissions for 2018 summarized in Tables 3 and 4 above. Through
discussions with all organizations involved in transportation planning
for Belmont County, Ohio EPA decided to include 15 percent safety
margins in the MVEBs to provide for mobile source growth not
anticipated in the projected 2018 emissions. Ohio EPA has demonstrated
that Belmont County and the Wheeling, WV-OH area can maintain the 8-
hour ozone NAAQS with mobile source emissions at the levels of the
MVEBs since total source emissions with the increased mobile source
emissions will remain under the attainment year levels.
B. 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 for a future maintenance
year. As noted in Tables 3 and 4 above, Belmont County VOC and
NOX emissions are projected to have safety margins of 2.48
tons per day for VOC and 15.03 tons per day for NOX in 2018
(the differences between the 2004, attainment year, and 2018 VOC and
NOX emissions for all sources in Belmont County).
The MVEBs requested by Ohio EPA contain safety margins (selected by
the State) significantly smaller than the safety margins reflected in
the total emissions for Belmont County. The State is not requesting
allocation of the entire available safety margins actually reflected in
the demonstration of maintenance. Therefore, even though the State is
requesting MVEBs that exceed the projected on-road mobile source
emissions for 2018 contained in the demonstration of maintenance, the
increase in on-road mobile source emissions that can be considered for
transportation conformity purposes is well within the safety margins of
the ozone maintenance demonstration.
C. Are the MVEBs Approvable?
The VOC and NOX MVEBs for Belmont County are approvable
because they maintain the total emissions for Belmont County at or
below the attainment year emission inventory levels, as required by the
transportation conformity regulations.
VI. What Are the Effects of EPA's Proposed Actions?
Approval of the redesignation request would change the official
designation of the Belmont County for the 8-hour ozone NAAQS, found at
40 CFR part 81, from nonattainment to attainment. It would also
incorporate into the Ohio SIP a plan for maintaining the ozone NAAQS
through 2018. The maintenance plan includes contingency measures to
remedy possible future violations of the 8-hour ozone NAAQS, and
establishes MVEBs of 1.52 tons per day for VOC and 1.91 tons per day
for NOX.
[[Page 77678]]
VII. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, September 30, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Paperwork Reduction Act
This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
Regulatory Flexibility Act
This proposed action merely proposes to approve state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rule proposes to approve pre-existing requirements
under state law and does not impose any additional enforceable duty
beyond that required by state law, it 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).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely proposes to approve a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant regulatory action,'' this
action is also not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001).
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impractical. In
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Absent a
prior existing requirement for the state to use voluntary consensus
standards, EPA has no authority to disapprove a SIP submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA
do not apply.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: December 19, 2006.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E6-22140 Filed 12-26-06; 8:45 am]
BILLING CODE 6560-50-P