[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Rules and Regulations]
[Pages 12591-12595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05273]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0658; FRL-9943-46-Region 5]
Air Plan Approval; Ohio; Base Year Emission Inventories for the
2008 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), a State Implementation Plan (SIP) revision
submitted by the Ohio Environmental Protection Agency (OEPA) on July
18, 2014, to address emission inventory requirements for the Cleveland-
Akron-Lorain, Ohio (OH) and Columbus, OH ozone nonattainment areas and
for the Ohio portion of the Cincinnati, Ohio-Kentucky-Indiana ozone
nonattainment area under the 2008 ozone National Ambient Air Quality
Standard (NAAQS or standard). The CAA requires emission inventories for
all ozone nonattainment areas. The emission inventories contained in
Ohio's July 18, 2014, submission meet this CAA requirement. EPA is also
confirming that the state of Ohio has acceptable stationary source
annual emission statement regulations, which have been previously
approved by EPA.
DATES: This direct final rule will be effective May 9, 2016, unless EPA
receives adverse comments by April 11, 2016. If adverse comments are
received by EPA, EPA will publish a timely withdrawal of the direct
final rule in the Federal Register informing the public that the rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0658 at http://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to
[[Page 12592]]
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: Edward Doty, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), 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 EPA. This supplementary information
section is arranged as follows:
I. The 2008 Ozone NAAQS and Emission Inventory Requirements
II. Ohio's Emission Inventories
A. Base Year
B. How did the State develop the emission inventories?
C. Source Emission Statements
III. EPA's Evaluation
A. Did the state adequately document the derivation of the
emission estimates?
B. Did the State quality assure the emission estimates?
C. Did the State provide for public review of the requested SIP
revision?
IV. Final Action
V. Statutory and Executive Order Reviews
I. The 2008 Ozone NAAQS and Emission Inventory Requirements
On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). The
Cleveland-Akron-Lorain, Columbus, and Cincinnati areas were designated
as marginal nonattainment areas for the 2008 ozone NAAQS. See 77 FR
30088 (May 21, 2012). The Cleveland-Akron-Lorain nonattainment area
includes Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage,
and Summit Counties. The Columbus nonattainment area includes Delaware,
Fairfield, Franklin, Knox, Licking, and Madison Counties. The Ohio
portion of the Cincinnati nonattainment area includes Butler, Clermont,
Clinton, Hamilton, and Warren Counties.
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 SIP revisions,
emission inventories for all areas designated as nonattainment for any
NAAQS, including the ozone 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 pollution 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.\1\ NOX is primarily emitted
by combustion sources, both stationary and mobile.
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\1\ Biogenic emissions are produced by living organisms and are
typically not included in the base year emission inventories, but
are considered in ozone modeling analyses, which must consider all
emissions in a modeled area.
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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 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. As stated above, the CAA
requires the states to submit emission inventories for areas designated
as nonattainment for ozone. For the 2008 ozone NAAQS, EPA has
recommended that states submit typical summer day emission estimates
for 2011 (78 FR 34178, 34190, June 6, 2013). However, EPA also allows
states to submit base year emissions for other years during a recent
ozone standard violation period. 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.
II. Ohio's Emission Inventories
On July 18, 2014, Ohio submitted a SIP revision addressing the VOC
and NOX emission inventory requirement for the Cleveland-
Akron-Lorain and Columbus ozone nonattainment areas and for the Ohio
portion of the Cincinnati ozone nonattainment area. Tables 1, 2, and 3
summarize the 2008 VOC and NOX emissions for these three
areas for a typical summer day (reflective of the summer period, when
the highest ozone concentrations are expected in these nonattainment
areas). The following acronyms are used in the emissions tables:
Electric Generating Units (EGU); and Commercial Marine-Airplanes-
Railroads (MAR).\2\
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\2\ MAR sources are not covered by the off-road mobile source
emissions model used by the state. Ohio has relied on MAR emissions
calculated and supplied through contractors, as discussed elsewhere
in this rulemaking.
Table 1--Cleveland Area 2008 Emission Inventory
[tons per day]
------------------------------------------------------------------------
Source type VOC NOX
------------------------------------------------------------------------
Non-EGU Point........................... 19.97 16.31
EGU Point............................... 0.20 65.47
Area.................................... 96.81 12.71
On-Road Mobile.......................... 106.55 209.68
Off-Road Mobile......................... 142.40 70.86
MAR..................................... 1.24 25.65
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Totals.............................. 367.17 400.69
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Table 2--Columbus Area 2008 Emission Inventory
[tons per day]
------------------------------------------------------------------------
Source type VOC NOX
------------------------------------------------------------------------
Non-EGU Point........................... 2.73 7.56
EGU Point............................... 0.00 0.00
Area.................................... 57.78 6.02
On-Road Mobile.......................... 123.41 231.72
Off-Road Mobile......................... 38.06 40.72
MAR..................................... 0.37 6.79
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Totals.............................. 222.35 292.81
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Table 3--Cincinnati Area \3\ 2008 Emission Inventory
(tons per day)
------------------------------------------------------------------------
Source Type VOC NOX
------------------------------------------------------------------------
Non-EGU Point........................... 5.76 24.33
EGU Point............................... 0.81 99.35
Area.................................... 54.25 7.17
On-Road Mobile.......................... 57.79 105.98
Off-Road Mobile......................... 34.59 34.34
MAR..................................... 0.42 9.29
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Totals.............................. 153.62 280.46
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A. Base Year
OEPA chose 2008 as the base year for these emission inventories.
Although EPA recommends the use of 2011 as the base year, as noted
above, EPA also allows the consideration of other base years. OEPA
chose 2008 because this is one of the three years, 2008 through 2010,
of ozone data indicating violation of the ozone standard that were used
to designate the three areas as nonattainment for the 2008 ozone
standard.
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\3\ Ohio portion only.
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B. How did the State develop the emission inventories?
OEPA estimated VOC and NOX emissions for each county in
the Cleveland-Akron-Lorain and Columbus ozone nonattainment areas and
for the Ohio portion of the Cincinnati ozone nonattainment area.
Emissions for the counties were totaled by source category for each
ozone nonattainment area. To develop the VOC and NOX
emission inventories, OEPA used the procedures summarized below.
The primary source of emissions data for non-EGU point sources was
source-reported 2008 Emission Inventory Statements (EISs). Under the
authority of Ohio Administrative Code (OAC) 3756-15-03, OEPA requires
regulated stationary sources in the ozone nonattainment areas to submit
EISs annually. An EIS contains detailed source type-specific or source
unit-specific annual and seasonal actual emissions for all source units
in a facility. The EIS data for all applicable facilities were used to
calculate annual and summer day county-specific point source emissions.
Because they are determinative, only the summer day emissions are
summarized here.
EGU point source emissions were obtained from EPA's Clean Air
Markets Division (CAMD). CAMD collects and processes EGU emissions
nationally.
For all point sources, OEPA has provided a detailed list of major
point source facilities and their associated annual and summer day VOC
and NOX emissions within appendices C and D of their July
18, 2014, submittal.
For the area source emissions, OEPA relied on source type-specific
emissions and emission factors provided by the Eastern Regional
Technical Advisory Committee (ERTAC). Ohio and other states formed
ERTAC to provide technical assistance in the analysis of air pollution.
ERTAC defined the emission inventory source categories and derived the
emission factors for each source category. ERTAC also derived the
county-specific source activity levels for 2008 and provided these data
to participating states.\4\ For some source categories, OEPA developed
alternate methodologies, and/or subtracted point source emissions to
avoid double-counting of emissions. In addition, some national
emissions data obtained from EPA were allocated to county-specific
emission levels based on local-to-national ratios of source activity
levels.
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\4\ The county-specific area source emissions by source category
were determined by multiplying the source category emission factor
by the county-specific activity level.
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In appendix F of the July 18, 2014, submittal, OEPA has documented
area source emissions by Source Category Code (SCC) and county. In the
July 18, 2014, submittal, OEPA has provided a detailed discussion of
how the emissions were derived for each source category.
On-road mobile source emissions were estimated using EPA's Motor
Vehicle Emission Simulator 2010b (MOVES2010b) model and Vehicle Miles
Travelled (VMT) data supplied by the Cleveland, Columbus, and
Cincinnati metropolitan planning organizations (MPOs). The MOVES2010b
model was run using area-specific input data, where available, and
national average default data where area-specific data were not
available. The MPOs' VMT data were derived for a typical summer day.
Appendix G of the July 18, 2014, submittal thoroughly documents the
calculation and spatial allocation of the on-road mobile source
emissions.
Off-road mobile source emissions were estimated using EPA's
National Mobile Inventory Model (NMIM). The emission estimates were
processed through the Consolidated Community Emissions Processing Tool
(CONCEPT) to spatially allocate the emissions to the county levels.
Because NMIM does not address MAR emissions, MAR emissions were
[[Page 12594]]
separately estimated through contractor studies. These emission
estimates were derived using county-specific activity levels and EPA-
supplied emission factors. The calculated emissions were spatially
allocated using CONCEPT.
OEPA applied standardized, EPA-recommended procedures and data
completeness checks to quality assure (QA) (to assure data accuracy)
and quality check (QC) (to assure data completeness) the emission
calculations.
C. Source Emission Statements
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 VOC and NOX
emission within the source facilities and to report actual VOC and
NOX emissions for these sources. As noted above, OEPA has
authority under OAC 3745-15-03 to require NOX and VOC EIS
submittals for regulated source facilities in the ozone nonattainment
areas that emit greater than or equal to 25 tons/year of VOC or
NOX during the reporting year. The EPA approved this rule
into the Ohio SIP on September 27, 2007 (72 FR 54844). OEPA confirmed
in the July 18, 2014, submittal that this approved SIP regulation
remains in place and remains enforceable for the 2008 ozone standard.
III. EPA's Evaluation
EPA has reviewed Ohio's July 18, 2014, requested SIP revision for
consistency with CAA and EPA emission inventory requirements. In
particular, EPA has reviewed the techniques used by OEPA to derive and
quality assure the emission estimates. EPA has also determined whether
Ohio has provided the public with the opportunity to review and comment
on the development of the emission estimates and the confirmation that
source facility emission statements are required for the 2008 ozone
standard and whether the state has addressed all public comments.
A. Did the State adequately document the derivation of the emission
estimates?
OEPA 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.
B. Did the State quality assure the emission estimates?
OEPA developed a quality assurance plan and followed this plan
during various phases of the emissions estimation and documentation
process to QA and QC the emissions for completeness and accuracy. These
quality assurance procedures were summarized in the documentation
describing how the emissions totals were developed. The quality
assurance procedures have been determined to be adequate and
acceptable. We conclude that Ohio has developed inventories of VOC and
NOX emissions that are comprehensive and complete.
C. Did the State provide for public review of the requested SIP
revision?
OEPA notified the public of the opportunity for comment both in
newspapers and on OEPA's Web site. A public hearing was held on June
24, 2014. No comments on the emission inventories were received.
IV. Final Action
We are approving an Ohio SIP revision submitted to address the
ozone-related emission inventory requirements for the Cleveland-Akron-
Lorain, Columbus, and Ohio portion of the Cincinnati ozone
nonattainment areas for the 2008 ozone NAAQS. The emission inventories
we are approving into the SIP are specified in Tables 1, 2, and 3
above. We are approving 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 a public hearing. Finally,
we are also confirming that Ohio has acceptable and enforceable
stationary annual emission statement regulations for the 2008 ozone
standard.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective May 9, 2016
without further notice unless we receive relevant adverse written
comments by April 11, 2016. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that, if EPA receives adverse comment on
an amendment, paragraph, or section of this rule and if that provision
may be severed from the remainder of the rule, EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment. If we do not receive any comments, this action will be
effective May 9, 2016.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because
[[Page 12595]]
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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 9, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 22, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.1885 is amended by adding paragraph (mm) to read as
follows:
Sec. 52.1885 Control Strategy: Ozone.
* * * * *
(mm) On July 18, 2014, Ohio submitted 2008 volatile organic
compounds and oxides of nitrogen emission inventories for the
Cleveland-Akron-Lorain and Columbus ozone nonattainment areas and for
the Ohio portion of the Cincinnati, Ohio-Kentucky-Indiana ozone
nonattainment areas as revisions to the Ohio state implementation plan.
The documented emission inventories are approved as a revision of the
state's implementation plan, meeting emission inventory requirements
for the 2008 ozone national ambient air quality standard.
[FR Doc. 2016-05273 Filed 3-9-16; 8:45 am]
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