[Federal Register: February 26, 2010 (Volume 75, Number 38)]
[Proposed Rules]
[Page 8871-8888]
[DOCID:fr26fe10-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2009-0928; EPA-R05-OAR-2010-0046; FRL-9116-7]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Ohio; Indiana;
Redesignation of the Ohio and Indiana Portions of the Cincinnati-
Hamilton Area to Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the requests of Ohio and Indiana
to redesignate the Ohio and Indiana portions of the Cincinnati-
Hamilton, OH-KY-IN 8-hour ozone nonattainment area, ``the Cincinnati-
Hamilton area,'' to attainment for that standard, because these
requests meet the statutory requirements for redesignation under the
Clean Air Act (CAA). The Ohio Environmental Protection Agency (Ohio
EPA) and the Indiana Department of Environmental Management (IDEM)
submitted these requests on December 14, 2009, and January 21, 2010,
respectively. (EPA will address the Kentucky portion of the Cincinnati-
Hamilton area in a separate rulemaking action.)
    These proposed approvals involve several related actions. EPA is
proposing to determine that the Cincinnati-Hamilton area has attained
the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The
Cincinnati-Hamilton area includes Butler, Clermont, Clinton, Hamilton,
and Warren Counties in Ohio, Lawrenceburg Township in Dearborn County,
Indiana, and Boone, Campbell, and Kenton Counties in Kentucky. This
determination is based on three years of complete, quality-assured
ambient air quality monitoring data for the 2007-2009 ozone seasons
that demonstrate that the 8-hour ozone NAAQS has been attained in the
area. EPA is also proposing to approve, as revisions to the Ohio and
Indiana State Implementation Plans (SIPs), the States' plans for
maintaining the 8-hour ozone NAAQS through 2020 in the area.
    EPA is proposing to approve the 2002 base year emissions inventory
submitted by IDEM on June 13, 2007, as meeting the base year emissions
inventory requirement of the CAA for the Indiana portion of the
Cincinnati-Hamilton area. EPA is proposing to approve the 2005 base
year emissions inventory submitted by Ohio EPA as part of its
redesignation request as meeting the base year emissions inventory
requirements of the CAA for the Ohio portion of the Cincinnati-Hamilton
area. Finally, EPA finds adequate and is proposing to approve the
States' 2015 and 2020 Motor Vehicle Emission Budgets (MVEBs) for the
Ohio and Indiana portion of the Cincinnati-Hamilton area.

DATES: Comments must be received on or before March 29, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0928 and EPA-R05-OAR-2010-0046, by one of the following
methods:
    1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Genevieve Damico, Acting Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand delivery: Genevieve Damico, Acting Chief, Criteria
Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604. Such deliveries are only accepted during the Regional
Office normal hours of operation, and special arrangements should be
made for deliveries of boxed information. The Regional Office official
hours of business 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-
2009-0928 and EPA-R05-OAR-2010-0046. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at http://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 http://
www.regulations.gov or e-mail. The http://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 http://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, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to section I of this document, ``What Should I Consider as
I Prepare My Comments for EPA?''
    Docket: All documents in the docket are listed in the http://
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 hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy 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. We recommend that you telephone Kathleen D'Agostino,
Environmental Engineer, at<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

Table of Contents

I. What Should I Consider as I Prepare My Comments for EPA?
II. What Action Is EPA Proposing To Take?
III. What Is the Background for These Actions?
    A. What Is the General Background Information?
    B. What Are the Impacts of the December 22, 2006, and June 8,
2007, United States Court of Appeals Decisions Regarding EPA's Phase
1 Implementation Rule?
IV. What Are the Criteria for Redesignation?
V. What Is the Effect of These Actions?
VI. What Is EPA's Analysis of the Request?
    A. Attainment Determination and Redesignation
    B. Adequacy of the MVEBs
    C. 2005 Base Year Emissions Inventory for the Ohio Portion of
the Cincinnati-Hamilton Area
    D. 2002 Base Year Emissions Inventory for the Indiana Portion of
the Cincinnati-Hamilton Area
VII. What Action Is EPA Taking?
VIII. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. What Action Is EPA Proposing To Take?

    EPA is proposing to take several related actions. EPA is proposing
to determine that the Cincinnati-Hamilton nonattainment area has
attained the 1997 8-hour ozone standard and that the Ohio and Indiana
portions of this area have met the requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is thus proposing to approve
requests from Ohio EPA and IDEM to change the legal designation of the
Ohio and Indiana portions of the Cincinnati-Hamilton area from
nonattainment to attainment for the 8-hour ozone NAAQS. EPA is also
proposing to approve, as revisions to the Ohio and Indiana SIPs, the
States' maintenance plans (such approval being one of the CAA criteria
for redesignation to attainment status). The maintenance plans are
designed to keep the Cincinnati-Hamilton area in attainment of the
ozone NAAQS through 2020. EPA is proposing to approve the 2005 base
year emissions inventory for the Ohio portion of the Cincinnati-
Hamilton area, and the 2002 base year emissions inventory for Dearborn
County, Indiana, as meeting the requirements of section 172(c)(3) of
the CAA. If EPA's determination of attainment is finalized, under the
provisions of 40 CFR 51.918, the requirement to submit certain planning
SIPs related to attainment (the Reasonably Available Control Measure
(RACM) requirement of section 172(c)(1) of the CAA, the Reasonable
Further Progress (RFP) and attainment demonstration requirements of
sections 172(c)(2) and (6) of the CAA, and the requirement for
contingency measures of section 172(c)(9) of the CAA) are not
applicable to the area as long as it continues to attain the NAAQS and
would cease to be applicable upon redesignation. In addition, as set
forth in more detail below, in the context of redesignations, EPA has
interpreted requirements related to attainment as not applicable for
purposes of redesignation. Finally, EPA finds adequate and is proposing
to approve the newly established 2015 and 2020 MVEBs for the Ohio and
Indiana portion of the Cincinnati-Hamilton area. The adequacy comment
period for the MVEBs began on December 10, 2009, with EPA's posting of
the availability of the submittal on EPA's Adequacy Web site (at http:/
/www.epa.gov/otaq/stateresources/transconf/adequacy.htm). The adequacy
comment period for these MVEBs ended on January 11, 2010. EPA did not
receive any requests for this submittal, or adverse comments on this
submittal during the adequacy comment period. In letters dated January
14, 2010, EPA informed Ohio EPA and IDEM that we had found the 2015 and
2020 MVEBs to be adequate for use in transportation conformity
analyses. Please see section VI. B. of this rulemaking, ``Adequacy of
the MVEBs,'' for further explanation of

this process. Therefore, we find adequate, and are proposing to
approve, the States' 2015 and 2020 MVEBs for transportation conformity
purposes.

III. What Is the Background for These Actions?

A. What Is the General Background Information?

    Ground-level ozone is not emitted directly by sources. Rather,
emissions of nitrogen oxides (NOX) and volatile organic
compounds (VOCs) react in the presence of sunlight to form ground-level
ozone. NOX and VOCs are referred to as precursors of ozone.
    The CAA establishes a process for air quality management through
the NAAQS. Before promulgation of the 8-hour standard, the ozone NAAQS
was based on a 1-hour standard. On November 6, 1991 (56 FR 56693 and
56813), the Cincinnati-Hamilton area was designated as a moderate
nonattainment area under the 1-hour ozone NAAQS. Dearborn County,
Indiana, was not included as part of the Cincinnati-Hamilton area, and
was designated as attainment/unclassifiable under the 1-hour standard.
The Ohio portion of the Cincinnati-Hamilton area was subsequently
redesignated to attainment of the 1-hour standard effective June 14,
2005. (See 70 FR 35946, published June 21, 2005). This attainment
designation was thus in effect at the time EPA revoked the 1-hour ozone
NAAQS, on June 15, 2005.
    On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone
standard of 0.08 parts per million parts (ppm). On April 30, 2004 (69
FR 23857), EPA published a final rule designating and classifying areas
under the 8-hour ozone NAAQS. These designations and classifications
became effective June 15, 2004. EPA designated as nonattainment any
area that was violating the 8-hour ozone NAAQS based on the three most
recent years of air quality data, 2001-2003.
    The CAA contains two sets of provisions, subpart 1 and subpart 2,
that address planning and control requirements for nonattainment areas.
(Both are found in Title I, part D, of the CAA; 42 U.S.C. 7501-7509a
and 7511-7511f, respectively.) Subpart 1 contains general requirements
for nonattainment areas for any pollutant, including ozone, governed by
a NAAQS. Subpart 2 provides more specific requirements for ozone
nonattainment areas.
    Under EPA's implementation rule for the 1997 8-hour ozone standard,
(69 FR 23951 (April 30, 2004)), an area was classified under subpart 2
based on its 8-hour ozone design value (i.e. the three-year average
annual fourth-highest daily maximum 8-hour average ozone
concentration), if it had a 1-hour design value at the time of
designation at or above 0.121 ppm (the lowest 1-hour design value in
Table 1 of subpart 2) (69 FR 23954). All other areas were covered under
subpart 1, based upon their 8-hour design values (69 FR 23958). The
Cincinnati-Hamilton area was designated as a subpart 1, 8-hour ozone
nonattainment area by EPA on April 30, 2004 (69 FR 23857, 23900, 23905,
and 23926), based on air quality monitoring data from 2001-2003 (69 FR
23860).
    40 CFR 50.10 and 40 CFR part 50, Appendix I provide that the 8-hour
ozone standard is attained when the three-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentration is less
than or equal to 0.08 ppm, when rounded. The data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than 90%, and no single year has less than
75% data completeness. See 40 CFR part 50, Appendix I, 2.3(d).
    The Ohio EPA and IDEM submitted requests to redesignate the Ohio
and Indiana portions of the Cincinnati-Hamilton area to attainment for
the 8-hour ozone standard on December 14, 2009, and January 21, 2010,
respectively. The redesignation requests included three years of
complete, quality-assured data for the period of 2007 through 2009,
indicating the 8-hour NAAQS for ozone, as promulgated in 1997, had been
attained for the Cincinnati-Hamilton area. Under the CAA, nonattainment
areas may be redesignated to attainment if sufficient complete,
quality-assured data are available for the Administrator to determine
that the area has attained the standard, and the area meets the other
CAA redesignation requirements in section 107(d)(3)(E).
    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm. In May 2008, States, environmental groups
and industry groups filed petitions with the DC Circuit Court of
Appeals for review of the 2008 ozone standards. In March 2009, the
court granted EPA's request to stay the litigation so EPA could review
the standards and determine whether they should be reconsidered. On
September 16, 2009, we announced that we are reconsidering our 2008
decision setting national standards for ground-level ozone. The
designation process for that standard has been stayed. On January 6,
2010, EPA proposed to set the level of the primary 8-hour ozone
standard within the range of 0.060 to 0.070 ppm, rather than at 0.075
ppm. We expect by August 2010 to have completed our reconsideration of
the standard and also expect that thereafter we will proceed with
designations. The actions addressed in today's proposed rulemaking
relate only to the 1997 8-hour ozone standard.

 B. What Are the Impacts of the December 22, 2006, and June 8, 2007,
United States Court of Appeals Decisions Regarding EPA's Phase 1
Implementation Rule?

1. Summary of Court Decision
    On December 22, 2006, in South Coast Air Quality Management Dist.
v. EPA, the U.S. Court of Appeals for the District of Columbia Circuit
vacated EPA's Phase 1 Implementation Rule for the 8-hour Ozone Standard
(69 FR 23951, April 30, 2004). 472 F.3d 882 (D.C. Cir. 2006). On June
8, 2007, in response to several petitions for rehearing, the DC Circuit
Court clarified that the Phase 1 Rule was vacated only with regard to
those parts of the rule that had been successfully challenged. Id.,
Docket No. 04 1201. Therefore, several provisions of the Phase 1 Rule
remain effective: Provisions related to classifications for areas
currently classified under subpart 2 of Title I, part D, of the CAA as
8-hour nonattainment areas; the 8-hour attainment dates; and the timing
for emissions reductions needed for attainment of the 8-hour ozone
NAAQS. The June 8, 2007, decision also left intact the Court's
rejection of EPA's reasons for implementing the 8-hour standard in
certain nonattainment areas under subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand EPA's revocation of the 1-
hour standard and those anti-backsliding provisions of the Phase 1 Rule
that had not been successfully challenged. The June 8, 2007, decision
reaffirmed the December 22, 2006, decision that EPA had improperly
failed to retain four measures required for 1-hour nonattainment areas
under the anti-backsliding provisions of the regulations: (1)
Nonattainment area New Source Review (NSR) requirements based on an
area's 1-hour nonattainment classification; (2) section 185 penalty
fees for 1-hour severe or extreme nonattainment areas; (3) measures to
be implemented pursuant to section 172(c)(9) or 182(c)(9) of the CAA,
on the contingency of an area not making reasonable further progress
toward attainment of the 1-hour NAAQS, or for failure to attain that
NAAQS; and (4) certain transportation conformity requirements for
certain types of Federal actions. The June 8, 2007, decision

clarified that the Court's reference to conformity requirements was
limited to requiring the continued use of 1-hour motor vehicle
emissions budgets until 8-hour budgets were available for 8-hour
conformity determinations.
    This section sets forth EPA's views on the potential effect of the
Court's rulings on this proposed redesignation action. For the reasons
set forth below, EPA does not believe that the Court's rulings alter
any requirements relevant to this redesignation action so as to
preclude redesignation or prevent EPA from proposing or ultimately
finalizing this redesignation. EPA believes that the Court's December
22, 2006, and June 8, 2007, decisions impose no impediment to moving
forward with redesignation of this area to attainment, because even in
light of the Court's decisions, redesignation is appropriate under the
relevant redesignation provisions of the CAA and longstanding policies
regarding redesignation requests.
2. Requirements Under the 8-Hour Standard
    With respect to the 8-hour standard, the Court's ruling rejected
EPA's reasons for classifying areas under subpart 1 for the 8-hour
standard, and remanded that matter to the Agency. In its January 16,
2009, proposed rulemaking in response to the South Coast decision, EPA
has proposed to classify Cincinnati-Hamilton under subpart 2 as a
moderate area. 74 FR 2936, 2944. If EPA finalizes this rulemaking, the
requirements under subpart 2 will become applicable when they are due,
a deadline that EPA has proposed to be one year after the effective
date of a final rulemaking classifying areas as moderate or marginal.
74 FR 2940-2941. Although a future final decision by EPA to classify
this area under subpart 2 would trigger additional future requirements
for the area, EPA believes that this does not mean that redesignation
cannot now go forward. This belief is based upon: (1) EPA's
longstanding policy of evaluating requirements in accordance with the
requirements due at the time the request is submitted; and, (2)
consideration of the inequity of applying retroactively any
requirements that might be applied in the future.
    First, at the time the redesignation request was submitted, the
Cincinnati-Hamilton area was not classified under subpart 2, nor were
there any subpart 2 requirements yet due for this area. Under EPA's
longstanding interpretation of section 107(d)(3)(E) of the CAA, to
qualify for redesignation, States requesting redesignation to
attainment must meet only the relevant SIP requirements that came due
prior to the submittal of a complete redesignation request. See
September 4, 1992, Calcagni memorandum (``Procedures for Processing
Requests to Redesignate Areas to Attainment,'' Memorandum from John
Calcagni, Director, Air Quality Management Division). See also Michael
Shapiro Memorandum, September 17, 1993, and 60 FR 12459, 12465-66
(March 7, 1995) (Redesignation of Detroit-Ann Arbor). See Sierra Club
v. EPA, 375 F.3d 537 (7th Cir. 2004), which upheld EPA's redesignation
rulemaking applying this interpretation. See, e.g. also 68 FR 25418,
25424, 25427 (May 12, 2003) (Redesignation of St. Louis).
    Moreover, it would be inequitable to retroactively apply any new
SIP requirements that were not applicable at the time the request was
submitted. The DC Circuit has recognized the inequity in such
retroactive rulemaking. In Sierra Club v. Whitman, 285 F. 3d 63 (D.C.
Cir. 2002), the DC Circuit upheld a District Court's ruling refusing to
make retroactive an EPA determination of nonattainment that was past
the statutory due date. Such a determination would have resulted in the
imposition of additional requirements on the area. The Court stated:
``Although EPA failed to make the nonattainment determination within
the statutory time frame, Sierra Club's proposed solution only makes
the situation worse. Retroactive relief would likely impose large costs
on the States, which would face fines and suits for not implementing
air pollution prevention plans in 1997, even though they were not on
notice at the time.'' Id. at 68. Similarly here it would be unfair to
penalize the area by applying to it, for purposes of redesignation,
additional SIP requirements under subpart 2 that were not in effect or
yet due at the time it submitted its redesignation request.
3. Requirements Under the 1-Hour Standard
    With respect to the 1-hour standard requirements, the Cincinnati-
Hamilton area was an attainment area subject to a CAA section 175A
maintenance plan under the 1-hour standard. The DC Circuit's decisions
with respect to 1-hour nonattainment anti-backsliding requirements do
not impact redesignation requests for these types of areas, except to
the extent that the Court in its June 8, 2007, decision clarified that
for those areas with 1-hour motor vehicle emissions budgets in their
maintenance plans, anti-backsliding requires that those 1-hour budgets
must be used for 8-hour conformity determinations until replaced by 8-
hour budgets. To meet this requirement, conformity determinations in
such areas must comply with the applicable requirements of EPA's
conformity regulations at 40 CFR part 93.
    With respect to the three other anti-backsliding provisions for the
1-hour standard that the Court found were not properly retained, the
Cincinnati-Hamilton area is an attainment area subject to a maintenance
plan for the 1-hour standard, and the NSR, contingency measure
(pursuant to section 172(c)(9) or 182(c)(9)), and fee provision
requirements no longer apply to an area that has been redesignated to
attainment of the 1-hour standard.
    Thus, the decision in South Coast Air Quality Management Dist.
would not preclude EPA from finalizing the redesignation of this area.

IV. What Are the Criteria for Redesignation?

    The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) allows for
redesignation provided that: (1) The Administrator determines that the
area has attained the applicable NAAQS; (2) the Administrator has fully
approved the applicable implementation plan for the area under section
110(k); (3) the Administrator determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the applicable SIP and applicable
Federal air pollutant control regulations and other permanent and
enforceable reductions; (4) the Administrator has fully approved a
maintenance plan for the area as meeting the requirements of section
175A; and, (5) the State containing such area has met all requirements
applicable to the area under section 110 and part D.
    EPA provided guidance on redesignation 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 has provided further guidance on processing
redesignation requests in the following documents:
    ``Ozone and Carbon Monoxide Design Value Calculations,'' Memorandum
from William G. Laxton, Director Technical Support Division, 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 Ozone and
Carbon Monoxide (CO) 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, to Air Division Directors,
Regions 1-10, 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.

 V. What Is the Effect of These Actions?

    Approval of the redesignation requests would change the official
designation of the Ohio and Indiana portions of the Cincinnati-Hamilton
area for the 1997 8-hour ozone NAAQS found at 40 CFR part 81. It would
also incorporate into the Ohio and Indiana SIPs, plans for maintaining
the 8-hour ozone NAAQS through 2020. The maintenance plans include
contingency measures as required under CAA section 175A to remedy
future violations of the 8-hour NAAQS. They also establish MVEBs for
the Ohio and Indiana portions of the Cincinnati-Hamilton area of 31.73
and 28.82 tons per day (tpd) VOC and 49.00 and 34.39 tpd NOX
for the years 2015 and 2020, respectively.

 VI. What Is EPA's Analysis of the Request?

 A. Attainment Determination and Redesignation

    EPA is proposing to determine that the Cincinnati-Hamilton area has
attained the 1997 8-hour ozone standard and that the area has met all
other applicable redesignation criteria under CAA section 107(d)(3)(E).
The basis for EPA's proposed approvals of the redesignation requests is
as follows:
1. The Area Has Attained the 8-hour Ozone NAAQS (Section
107(d)(3)(E)(i))
    EPA is proposing to make a determination that the Cincinnati-
Hamilton area has attained the 1997 8-hour ozone NAAQS. An area may be
considered to be attaining the 8-hour ozone NAAQS if there are no
violations, as determined in accordance with 40 CFR 50.10 and part 50,
Appendix I, based on three complete, consecutive calendar years of
quality-assured air quality monitoring data. To attain this standard,
the three-year average of the fourth-highest daily maximum 8-hour
average ozone concentrations measured at each monitor within an area
over each year must not exceed 0.08 ppm. Based on the rounding
convention described in 40 CFR part 50, Appendix I, the standard is
attained if the design value is 0.084 ppm or below. The data must be
collected and quality-assured in accordance with 40 CFR part 58, and
recorded in the EPA's Air Quality System (AQS). The monitors generally
should have remained at the same location for the duration of the
monitoring period required for demonstrating attainment.
    Ohio and Indiana included in their redesignation requests ozone
monitoring data for the 2007 to 2009 ozone seasons. Monitoring data for
2007 and 2008 have been certified by the States; 2009 data has not yet
been certified. However, Ohio and Kentucky have quality-assured all of
the ambient monitoring data in accordance with 40 CFR 58.10, and have
recorded it in the AQS database. (There are no monitoring locations in
Dearborn County, Indiana.) The data meet the completeness criteria in
40 CFR 50, Appendix I, which requires a minimum completeness of 75
percent annually and 90 percent over each three-year period. Monitoring
data are presented in Table 1 below.

     Table 1--Annual 4th High Daily Maximum 8-Hour Ozone Concentration and Three Year Averages of 4th High Daily Maximum 8-Hour Ozone Concentrations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                2007 4th high   2008 4th high   2009 4th high     2007-2009
                State                           County                   Monitor               (ppm)           (ppm)           (ppm)      average  (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ohio.................................  Butler.................  Hamilton................           0.091           0.071           0.073           0.078
                                                                39-017-0004.............
                                      ------------------------------------------------------------------------------------------------------------------
                                                                Middletown..............           0.091           0.079           0.076           0.082
                                                                39-017-1004.............
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
                                       Clermont...............  Batavia.................           0.086           0.071           0.069           0.075
                                                                39-025-0022.............
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
                                       Clinton................  Wilmington..............           0.082           0.076           0.070           0.076
                                                                39-027-1002.............
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
                                       Hamilton...............  Grooms Rd., Cincinnati..           0.089           0.086           0.072           0.082
                                                                39-061-0006.............
                                      ------------------------------------------------------------------------------------------------------------------

                                                                Cleves..................           0.086           0.077           0.065           0.076
                                                                39-061-0010.............
                                      ------------------------------------------------------------------------------------------------------------------
                                                                250 Wm. Howard Taft,               0.086           0.080           0.074           0.080
                                                                 Cincinnati.
                                                                39-061-0040.............
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
                                       Warren.................  Lebanon.................           0.088           0.082           0.077           0.082
                                                                39-165-0007.............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Kentucky.............................  Boone..................  KY 338 & Lower River               0.078           0.064           0.064           0.068
                                                                 Road.
                                                                21-015-0003.............
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
                                       Campbell...............  Highland Heights........           0.086           0.075           0.068           0.076
                                                                21-037-3002.............
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
                                       Kenton.................  Covington...............           0.085           0.073           0.074           0.077
                                                                21-117-0007.............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In addition, as discussed below with respect to the Ohio
maintenance plan, Ohio EPA has committed to continue to operate an EPA-
approved monitoring network as necessary to demonstrate ongoing
compliance with the NAAQS. Ohio EPA commits to continue monitoring
ozone at the sites indicated in Table 1 and to consult with EPA prior
to making changes to the existing monitoring network, should changes
become necessary in the future. Ohio EPA remains obligated to continue
to quality assure monitoring data in accordance with 40 CFR part 58 and
enter all data into AQS in accordance with Federal guidelines. Indiana
does not operate any ozone monitors in Dearborn County, which contains
Lawrenceburg Township, the Indiana portion of the Cincinnati-Hamilton
area. In summary, EPA believes that the data show that the Cincinnati-
Hamilton area has attained the 8-hour ozone NAAQS.
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D; and the Area Has a Fully Approved SIP Under Section 110(k)
(Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
    We have determined that Ohio and Indiana have met all currently
applicable SIP requirements for purposes of redesignation for the
Cincinnati-Hamilton area under section 110 of the CAA (general SIP
requirements). We are also proposing to determine that the Ohio and
Indiana SIPs meet all SIP requirements currently applicable for
purposes of redesignation under part D of Title I of the CAA
(requirements specific to subpart 1 nonattainment areas), in accordance
with section 107(d)(3)(E)(v). In addition, with the exception of the
base year emissions inventory, we have determined that the Ohio and
Indiana SIPs are fully approved with respect to all applicable
requirements for purposes of redesignation, in accordance with section
107(d)(3)(E)(ii). As discussed below, in this action EPA is proposing
to approve Ohio's 2005 base year emissions inventory and Indiana's 2002
base year emissions inventory as meeting the section 172(c)(3)
emissions inventory requirement.
    In proposing these determinations, we have ascertained which SIP
requirements are applicable to the area for purposes of redesignation,
and have determined that there are SIP measures meeting those
requirements and that they are fully approved under section 110(k) of
the CAA. As discussed more fully below, for purposes of evaluating a
redesignation request, SIPs must be fully approved only with respect to
requirements that became due prior to the submission of the
redesignation request.
    The September 4, 1992, Calcagni memorandum (see ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) describes EPA's interpretation of section
107(d)(3)(E) of the CAA. Under this interpretation, a State and the
area it wishes to redesignate must meet the relevant CAA requirements
that are due prior to the State's submittal of a complete redesignation
request for the area. See also the September 17, 1993 Michael Shapiro
memorandum and 60 FR 12459, 12465-12466 (March 7, 1995) (Redesignation
of Detroit-Ann Arbor). Applicable requirements of the CAA that come due
subsequent to the State's submittal of a complete request remain
applicable until a redesignation to attainment is approved, but are not
required as a prerequisite to redesignation. See section 175A(c) of the
CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR
25424, 25427 (May 12, 2003) (Redesignation of St. Louis).
    Since EPA is proposing here to determine that the area has attained
the 1997 8-hour ozone standard, under 40 CFR 51.918, if that
determination is finalized, the requirements to submit certain planning
SIPs related to attainment, including attainment demonstration
requirements (the RACM requirement of section 172(c)(1) of the CAA, the
RFP and attainment demonstration requirements of sections 172(c)(2) and
(c)(6) of the CAA, and the requirement for contingency measures of
section 172(c)(9) of the CAA) would not be applicable to the area as
long as it continues to attain the NAAQS and would cease to apply upon
redesignation. In addition, in the context of redesignations, EPA has
interpreted requirements related to attainment as not applicable for
purposes of redesignation. For example, in the General Preamble EPA
stated that:

    [t]he section 172(c)(9) requirements are directed at ensuring
RFP and attainment by the applicable date. These requirements no
longer apply when an area has attained the standard and is eligible
for redesignation. Furthermore, section 175A for maintenance plans *
* * provides specific requirements for contingency measures that
effectively

supersede the requirements of section 172(c)(9) for these areas.
``General Preamble for the Interpretation of Title I of the Clean
Air Act Amendments of 1990,'' (General Preamble) 57 FR 13498, 13564
(April 16, 1992).

See also Calcagni memorandum at 6 (``The requirements for reasonable
further progress and other measures needed for attainment will not
apply for redesignations because they only have meaning for areas not
attaining the standard'').
a. The Ohio and Indiana Portions of the Cincinnati-Hamilton Area Have
Met All Applicable Requirements for Purposes of Redesignation Under
Section 110 and Part D of the CAA
i. Section 110 General SIP Requirements
    Section 110(a) of Title I of the CAA contains the general
requirements for a SIP. Section 110(a)(2) provides that the
implementation plan submitted by a State must have been adopted by the
State after reasonable public notice and hearing, and that, among other
things, it includes enforceable emission limitations and other control
measures, means or techniques necessary to meet the requirements of the
CAA; provides for establishment and operation of appropriate devices,
methods, systems and procedures necessary to monitor ambient air
quality; provides for implementation of a source permit program to
regulate the modification and construction of any stationary source
within the areas covered by the plan; includes provisions for the
implementation of part C, Prevention of Significant Deterioration (PSD)
and part D, NSR permit programs; includes criteria for stationary
source emission control measures, monitoring, and reporting; includes
provisions for air quality modeling; and provides for public and local
agency participation in planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain measures
to prevent sources in a State from significantly contributing to air
quality problems in another State. To implement this provision, EPA has
required certain States to establish programs to address transport of
air pollutants (NOX SIP Call \1\ and Clean Air Interstate
Rule (CAIR) (70 FR 25162, May 12, 2005)). However, the section
110(a)(2)(D) requirements for a State are not linked with a particular
nonattainment area's designation and classification. EPA believes that
the requirements linked with a particular nonattainment area's
designation and classification are the relevant measures to evaluate in
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. Thus, we
believe that these requirements should not be construed to be
applicable requirements for purposes of redesignation.
---------------------------------------------------------------------------

    \1\ On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP Call requiring the District of Columbia and 22
States to reduce emissions of NOX in order to reduce the
transport of ozone and ozone precursors. In compliance with EPA's
NOX SIP Call, both Ohio EPA and IDEM have developed rules
governing the control of NOX emissions from Electric
Generating Units (EGUs), major non-EGU industrial boilers, major
cement kilns, and internal combustion engines. EPA approved Ohio's
rules as fulfilling Phase I of the NOX SIP Call on August
5, 2003 (68 FR 46089) and June 27, 2005 (70 FR 36845), and as
meeting Phase II of the NOX SIP Call on February 4, 2008
(73 FR 6427). EPA approved Indiana's rules as fulfilling
requirements of Phase I of the NOX SIP Call on November
8, 2001 (66 FR 56465) and December 11, 2003 (68 FR 69025), and as
meeting Phase II of the NOX SIP Call on October 1, 2007
(72 FR 55664).
---------------------------------------------------------------------------

    Further, we believe that the other section 110 elements described
above that are not connected with nonattainment plan submissions and
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 a particular area's designation and classification are the
relevant measures which we may consider in evaluating a redesignation
request. This approach is consistent with EPA's existing 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), (62 FR 24826, May 7, 1997);
Cleveland-Akron-Lorain, 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 1-
hour ozone redesignation (65 FR 37890, June 19, 2000), and in the
Pittsburgh, Pennsylvania 1-hour ozone redesignation (66 FR 50399,
October 19, 2001).
    We have reviewed Ohio's SIP and have concluded that it meets the
general SIP requirements under section 110 of the CAA to the extent
they are applicable for purposes of redesignation. EPA has previously
approved provisions of the Ohio SIP addressing section 110 elements
under the 1-hour ozone standard (40 CFR 52.1870). Further, in
submittals dated December 5, 2007 and September 19, 2008, Ohio
confirmed that the State continues to meet the section 110 requirements
for the 8-hour ozone standard. EPA has not yet taken rulemaking action
on these submittals; however, such approval is not necessary for
redesignation.
    We have also reviewed Indiana's SIP and have concluded that it
meets the general SIP requirements under section 110 of the CAA to the
extent they are applicable for purposes of redesignation. EPA has
previously approved provisions of the Indiana SIP addressing section
110 elements under the 1-hour ozone standard (40 CFR 52.773). Further,
in a submittal dated December 10, 2007, Indiana confirmed that the
State continues to meet the section 110 requirements for the 8-hour
ozone standard. EPA has not yet taken rulemaking action on this
submittal; however, such approval is not necessary for redesignation.
ii. Part D Requirements
    EPA has determined that, if EPA finalizes the approval of the base
year emissions inventories discussed in section VI.C. and D. of this
rulemaking, the Ohio and Indiana SIPs will meet the applicable SIP
requirements for their portions of the Cincinnati-Hamilton area
applicable for purposes of redesignation under part D of the CAA.
Subpart 1 of part D, found in sections 172-176 of the CAA, sets forth
the basic nonattainment requirements applicable to all nonattainment
areas. Subpart 2 of part D, which includes section 182 of the CAA,
establishes additional specific requirements depending on the area's
nonattainment classification.
    Since the Cincinnati-Hamilton area was not classified under subpart
2 of Part D at the time its redesignation request was submitted, the
subpart 2 requirements do not apply for purposes of evaluating the
States' redesignation requests. The applicable subpart 1 requirements
are contained in sections 172(c)(1)-(9) and in section 176.
Subpart 1 Section 172 Requirements
    For purposes of evaluating this redesignation request, the
applicable section 172 SIP requirements for the Cincinnati-Hamilton
area are contained in sections 172(c)(1)-(9). A thorough discussion of
the requirements contained in section 172 can be found in the General
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992).

    Section 172(c)(1) requires the plans for all nonattainment areas to
provide for the implementation of all RACM as expeditiously as
practicable and to provide for attainment of the national primary
ambient air quality standards. The EPA interprets this requirement to
impose a duty on all nonattainment areas to consider all available
control measures and to adopt and implement such measures as are
reasonably available for implementation in each area as components of
the area's attainment demonstration. On June 15, 2007 and April 22,
2008, Ohio EPA submitted an attainment demonstration and identified the
control measures necessary to attain the NAAQS in the Cincinnati-
Hamilton area. Indiana submitted an attainment demonstration for the
Cincinnati-Hamilton area on June 13, 2007. However, because attainment
has been reached, no additional measures are needed to provide for
attainment, and section 172(c)(1) requirements are no longer considered
to be applicable as long as the area continues to attain the standard
until redesignation. 40 CFR 51.918. If EPA finalizes approval of the
redesignation of the Ohio and Indiana portions of the Cincinnati-
Hamilton area, EPA will take no further action on the attainment
demonstrations submitted by Ohio and Indiana for the area.
    The RFP requirement under section 172(c)(2) is defined as progress
that must be made toward attainment. This requirement is not relevant
for purposes of redesignation because the Cincinnati-Hamilton area has
monitored attainment of the ozone NAAQS. (General Preamble, 57 FR
13564). See also 40 CFR 51.918. In addition, because the Cincinnati-
Hamilton area has attained the ozone NAAQS and is no longer subject to
an RFP requirement, the requirement to submit the section 172(c)(9)
contingency measures is not applicable for purposes of redesignation.
Id.
    Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. As
part of Ohio's redesignation request for the Cincinnati-Hamilton area,
the State submitted a 2005 base year emissions inventory. As discussed
below in section VI.C., EPA is proposing to approve the 2005 base year
inventory that Ohio submitted with the redesignation request as meeting
the section 172(c)(3) emissions inventory requirement. As part of
Indiana's June 13, 2007, attainment demonstration submittal for the
Cincinnati-Hamilton area, IDEM included a 2002 base year emissions
inventory. As discussed below in section VI.D., EPA is proposing to
approve Indiana's 2002 base year inventory as meeting the section
172(c)(3) emissions inventory requirement.
    Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources to be
allowed in an area, and section 172(c)(5) requires source permits for
the construction and operation of new and modified major stationary
sources anywhere in the nonattainment area. EPA has determined that,
since PSD requirements will apply after redesignation, areas being
redesignated need not comply with the requirement that a NSR program be
approved prior to redesignation, provided that the area demonstrates
maintenance of the NAAQS without part D NSR. A more detailed rationale
for this view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' Ohio and Indiana have demonstrated that
the Cincinnati-Hamilton area will be able to maintain the standard
without part D NSR in effect; therefore, EPA concludes that the States
need not have fully approved part D NSR programs prior to approval of
the redesignation request. The States' PSD programs will become
effective in the Cincinnati-Hamilton area 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); and
Grand Rapids, Michigan (61 FR 31834-31837, June 21, 1996).
    Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the standard. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we believe the Ohio
and Indiana SIPs meet the requirements of section 110(a)(2) applicable
for purposes of redesignation.
Subpart 1 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 quality planning goals
in the applicable SIPs. The requirement to determine conformity applies
to transportation plans, programs and projects developed, funded or
approved under Title 23 of the U.S. Code and the Federal Transit Act
(transportation conformity) as well as to all other Federally-supported
or funded projects (general conformity). State conformity revisions
must be consistent with Federal conformity regulations relating to
consultation, enforcement, and enforceability, which EPA promulgated
pursuant to CAA requirements.
    EPA believes that it is reasonable to interpret the conformity SIP
requirements as not applying for purposes of evaluating the
redesignation request under section 107(d) for two reasons. First, the
requirement to submit SIP revisions to comply with the conformity
provisions of the CAA continues to apply to areas after redesignation
to attainment since such areas would be subject to a section 175A
maintenance plan. Second, EPA's Federal conformity rules require the
performance of conformity analyses in the absence of Federally-approved
State rules. Therefore, because areas are subject to the conformity
requirements regardless of whether they are redesignated to attainment
and, because they must implement conformity under Federal rules if
State rules are not yet approved, EPA believes it is reasonable to view
these requirements as not applying for purposes of evaluating a
redesignation request. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001),
upholding this interpretation. See also 60 FR 62748, 62749-62750 (Dec.
7, 1995) (Tampa, Florida).
    EPA approved Ohio's general and transportation conformity SIPs on
March 11, 1996 (61 FR 9646), and May 30, 2000 (65 FR 34395),
respectively. Section 176(c) of the CAA was amended by provisions
contained in the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEALU), which was signed into law
on August 10, 2005 (Pub. L. 109-59). Among the changes Congress made to
this section of the CAA was to streamline the requirements for State
conformity SIPs. Ohio is in the process of updating its transportation
conformity SIP to meet these new requirements. EPA approved Indiana's
general conformity SIP on January 14, 1998 (63 FR 2146). Indiana does
not have a Federally-approved transportation conformity SIP. However,
conformity analyses are performed pursuant to EPA's Federal conformity
rules. Ohio and Indiana have submitted onroad motor vehicle budgets for
the Ohio and Indiana portion of the

Cincinnati-Hamilton area of 31.73 and 28.82 tpd VOC and 49.00 and 34.39
tpd NOX for the years 2015 and 2020, respectively. The area
must use the MVEBs from the maintenance plan in any conformity
determination that is effective on or after the effective date of the
maintenance plan approval.
b. The Ohio and Indiana Portions of the Cincinnati-Hamilton Area Have
Fully Approved Applicable SIPs Under Section 110(k) of the CAA
    If EPA issues a final approval of the base year emissions
inventories, EPA will have fully approved the Ohio and Indiana SIPs for
the Cincinnati-Hamilton area under section 110(k) of the CAA for all
requirements applicable for purposes of redesignation. EPA may rely on
prior SIP approvals in approving a redesignation request (See page 3 of
the September 4, 1992, John Calcagni memorandum; 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 25413, 25426 (May 12, 2003). Since the passage of the
CAA of 1970, Ohio and Indiana have adopted and submitted, and EPA has
fully approved, provisions addressing various required SIP elements
under the 1-hour ozone standard. In this action, EPA is proposing to
approve Ohio's 2005 base year emissions inventory and Indiana's 2002
base year emissions inventory for the Cincinnati-Hamilton area as
meeting the requirement of section 172(c)(3) of the CAA. No Cincinnati-
Hamilton area SIP provisions are currently disapproved, conditionally
approved, or partially approved.
3. The Improvement in Air Quality is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIP and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))
    EPA finds that Ohio and Indiana have demonstrated that the observed
air quality improvement in the Cincinnati-Hamilton area is due to
permanent and enforceable reductions in emissions resulting from
implementation of the SIPs, Federal measures, and other State-adopted
measures.
    In making this demonstration, Ohio EPA and IDEM have calculated the
change in emissions between 2005 and 2008. Ohio and Indiana are using
2005 base year emissions inventories developed in conjunction with the
Lake Michigan Air Directors Consortium (LADCO) as the nonattainment
inventories. The States developed an attainment inventory for 2008, one
of the years the Cincinnati-Hamilton area monitored attainment. The
reduction in emissions and the corresponding improvement in air quality
over this time period can be attributed to a number of regulatory
control measures that Cincinnati-Hamilton and upwind areas have
implemented in recent years.
a. Permanent and Enforceable Controls Implemented
    The following is a discussion of permanent and enforceable measures
that have been implemented in the areas:
i. Stationary Source NOX Rules
    Ohio EPA and IDEM have developed rules governing the control of
NOX emissions from Electric Generating Units (EGUs), major
non-EGU industrial boilers, major cement kilns, and internal combustion
engines. EPA approved Ohio's rules as fulfilling Phase I of the
NOX SIP Call on August 5, 2003 (68 FR 46089), and June 27,
2005 (70 FR 36845), and as fulfilling Phase II of the SIP Call on
February 4, 2008 (73 FR 6427). EPA approved Indiana's rules as
fulfilling requirements of Phase I of the NOX SIP Call on
November 8, 2001 (66 FR 56465), and December 11, 2003 (68 FR 69025),
and as meeting Phase II of the NOX SIP Call on October 1,
2007 (72 FR 55664). Ohio and Indiana began complying with Phase I of
this rule in 2004. Compliance with Phase II of the SIP Call, which
requires the control NOX emissions from large internal
combustion engines, began in both Ohio and Indiana in 2007, and was
projected to result in an 82 percent NOX reduction from 1995
levels.
ii. Federal Emission Control Measures
    Reductions in VOC and NOX emissions have occurred
statewide and in upwind areas as a result of Federal emission control
measures, with additional emission reductions expected to occur in the
future. Federal emission control measures include the following.
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. These emission control requirements result in lower VOC and
NOX emissions from new cars and light duty trucks, including
sport utility vehicles. The Federal rules were phased in between 2004
and 2009. The EPA has estimated that, by the end of the phase-in
period, the following vehicle NOX emission reductions will
occur nationwide: Passenger cars (light duty vehicles) (77 percent);
light duty trucks, minivans, and sports utility vehicles (86 percent);
and, larger sports utility vehicles, vans, and heavier trucks (69 to 95
percent). VOC emission reductions are expected to range from 12 to 18
percent, depending on vehicle class, over the same period. Some of
these emission reductions occurred by the attainment years (2007-2009)
and additional emission reductions will occur during the maintenance
period.
    Heavy-Duty Diesel Engine Rule. EPA issued this rule in July 2000.
This rule includes standards limiting the sulfur content of diesel
fuel, which went into effect in 2004. A second phase took effect in
2007 which further reduced the highway diesel fuel sulfur content to 15
parts per million, leading to additional reductions in combustion
NOX and VOC emissions. This rule is expected to achieve a 95
percent reduction in NOX emissions from diesel trucks and
busses.
    Non-Road Diesel Rule. EPA issued this rule in 2004. This rule
applies to diesel engines used in industries, such as construction,
agriculture, and mining. It is estimated that compliance with this rule
will cut NOX emissions from non-road diesel engines by up to
90 percent. This rule is currently achieving emission reductions, but
will not be fully implemented until 2010.
iii. Control Measures in Upwind Areas
    On October 27, 1998 (63 FR 57356), EPA issued a NOX SIP
Call requiring the District of Columbia and 22 States to reduce
emissions of NOX. Affected States were required to comply
with Phase I of the SIP Call beginning in 2004, and Phase II beginning
in 2007. The reduction in NOX emissions has resulted in
lower concentrations of transported ozone entering the Cincinnati-
Hamilton area. Emission reductions resulting from regulations developed
in response to the NOX SIP Call are permanent and
enforceable.
b. Emission Reductions
    Ohio and Indiana are using 2005 base year emissions inventories
developed in conjunction with the LADCO as the nonattainment
inventories. The main purpose of LADCO is to provide technical
assessments for and assistance to its member States on problems of air
quality. LADCO's primary geographic focus is the area encompassed by
its member States (Illinois, Indiana, Michigan, Ohio and Wisconsin) and
any areas which affect air quality in its member States. In developing
the 2005 nonattainment year inventory, Ohio EPA and IDEM provided point
and area source inventories to LADCO. LADCO processed these inventories
through the Emission Modeling System (EMS) to

generate summer weekday emissions for VOC and NOX. The point
source data provided to LADCO is a combination of EPA's EGU inventory
and source specific data reported to Ohio EPA and IDEM for non-EGU
sources. Area source emissions were estimated by Ohio EPA and IDEM
using published Emission Inventory Improvement Program methodologies or
methodologies shared by other States. The methodology used for each
area source category was documented. Nonroad mobile emissions were
generated for LADCO using EPA's National Mobile Inventory Model (NMIM),
with the following exceptions: Recreational motorboat populations and
spatial surrogates were updated; emissions estimates were developed for
commercial marine vessels, aircraft, and railroads, three nonroad
categories not included in NMIM. The States and LADCO also developed
emissions inventories for 2009 and 2018 using similar methodologies.
Onroad mobile emissions were prepared by the Ohio, Kentucky and Indiana
Council of Governments (OKI) using the MOBILE6.2 emissions model. Ohio
has submitted this 2005 emissions inventory to meet the requirement for
a base year emissions inventory pursuant to section 172(c)(3) of the
CAA.
    Ohio and Indiana are using 2008 for the attainment year inventory.
Ohio EPA used growth factors provided by LADCO to project the area and
nonroad source sectors of the 2005 base year inventory to 2008. IDEM
used the 2005 nonattainment inventory and the 2009 emissions inventory
prepared in conjunction with LADCO to extrapolate 2008 emissions for
the area and nonroad mobile source sectors. Point source emissions for
2008 were compiled from Ohio EPA's 2008 annual emissions inventory
database, IDEM's 2008 annual emissions statement database, and EPA's
Clean Air Markets database. Onroad mobile emissions were calculated for
2008 by OKI using the MOBILE6.2 emissions model.
    Using the inventories described above, as well as emissions
inventories provided by Kentucky, Ohio and Indiana have documented
changes in VOC and NOX emissions from 2005 to 2008 for the
Cincinnati-Hamilton area. Emissions data are shown in Tables 2 through
5 below.

                                Table 2--Cincinnati-Hamilton Area VOC and NOX Emissions for Nonattainment Year 2005 (tpd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             VOC                                               NOX
                       County                        ---------------------------------------------------------------------------------------------------
                                                        Point     Area     Onroad    Nonroad    Total     Point     Area     Onroad    Nonroad    Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Butler..............................................      3.67     11.96      9.94      6.88     32.45     15.91      2.15     18.88     10.25     47.19
Clermont............................................      0.73      6.98      6.86      4.33     18.90     43.11      1.65     13.04      5.03     62.83
Clinton.............................................      0.00      3.24      3.02      1.77      8.03      0.00      0.42      5.07      2.26      7.75
Hamilton............................................      2.94     33.04     29.47     17.45     82.90     21.95      5.19     56.51     20.57    104.22
Warren..............................................      0.53      8.40      7.97      4.79     21.69      2.68      1.15     15.15      6.10     25.08
Dearborn, IN........................................      3.24      2.07      1.00      0.82      7.13     30.40      0.26      1.44      1.26     33.36
Boone, KY...........................................      2.57      8.13      4.33      1.71     16.74     23.94      4.99     10.27     12.96     52.16
Campbell, KY........................................      0.25      4.77      2.52      1.76      9.30      0.00      1.41      5.98      6.33     13.72
Kenton, KY..........................................      1.20      8.53      4.32      2.33     16.38      0.04      4.17     10.39      8.43     23.03
OH-IN Total.........................................     11.11     65.69     58.26     36.04    171.10    114.05     10.82    110.09     45.47    280.43
                                                     ---------------------------------------------------------------------------------------------------
    Area Total......................................     15.13     87.12     69.43     41.84    213.52    138.03     21.39    136.73     73.19    369.34
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                    Table 3--Cincinnati-Hamilton VOC and NOX Emissions for Attainment Year 2008 (tpd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             VOC                                               NOX
                       County                        ---------------------------------------------------------------------------------------------------
                                                        Point     Area     Onroad    Nonroad    Total     Point     Area     Onroad    Nonroad    Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Butler..............................................      2.80     10.31      7.87      5.68     26.66     13.40      2.18     16.05      8.89     40.52
Clermont............................................      0.36      6.05      5.42      3.68     15.51     22.79      1.67     11.05      4.22     39.73
Clinton.............................................      0.00      2.85      2.33      1.65      6.83      0.00      0.43      3.87      2.01      6.31
Hamilton............................................      3.09     28.80     22.70     14.66     69.25     19.09      5.27     46.80     17.21     88.37
Warren..............................................      0.82      7.30      6.26      4.10     18.48      3.14      1.17     12.76      5.19     22.26
Dearborn, IN........................................      3.58      2.42      0.75      0.74      7.49     30.55      0.26      1.14      1.14     33.09
Boone, KY...........................................      2.81      8.41      4.00      5.07     20.29     23.27      5.02      8.53     11.02     47.84
Campbell, KY........................................      0.28      4.34      2.29      1.51      8.42      0.02      1.32      4.88      5.34     11.56
Kenton, KY..........................................      1.17      7.88      3.85      1.95     14.85      0.03      4.06      8.37      7.33     19.79
OH-IN Total.........................................     10.65     57.73     45.33     30.51    144.22     88.97     10.98     91.67     38.66    230.28
                                                     ---------------------------------------------------------------------------------------------------
    Area Total......................................     14.91     78.36     55.47     39.04    187.78    112.29     21.38    113.45     62.35    309.47
--------------------------------------------------------------------------------------------------------------------------------------------------------

            Table 4--Comparison of 2005 and 2008 VOC and NOX Emissions for the Ohio and Indiana Portion of the Cincinnati-Hamilton Area (tpd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                                                                                Net change                                      Net change
                                                               2005            2008         (2005-2008)        2005            2008         (2005-2008)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           11.11           10.65           -0.46          114.05           88.97          -25.08
Area....................................................           65.69           57.73           -7.96           10.82           10.98            0.16
Onroad..................................................           58.26           45.33          -12.93          110.09           91.67          -18.42
Nonroad.................................................           36.04           30.51           -5.53           45.47           38.66           -6.81
                                                         -----------------------------------------------------------------------------------------------

    Total...............................................          171.10          144.22          -26.88          280.43          230.28          -50.15
--------------------------------------------------------------------------------------------------------------------------------------------------------

                        Table 5--Comparison of 2005 and 2008 VOC and NOX Emissions for the Entire Cincinnati-Hamilton Area (tpd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                                                                                Net change                                      Net change
                                                               2005            2008         (2005-2008)        2005            2008         (2005-2008)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           15.13           14.91           -0.22          138.03          112.29          -25.74
Area....................................................           87.12           78.36           -8.76           21.39           21.38           -0.01
Onroad..................................................           69.43           55.47          -13.96          136.73          113.45          -23.28
Nonroad.................................................           41.84           39.04           -2.80           73.19           62.35          -10.84
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          213.52          187.78          -25.74          369.34          309.47          -59.87
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 4 shows that the Ohio and Indiana portion of the Cincinnati-
Hamilton area reduced VOC emissions by 26.88 tpd and NOX
emissions by 50.15 tpd between 2005 and 2008. As shown in Table 5, the
entire Cincinnati-Hamilton area reduced VOC emissions by 25.74 tpd and
NOX emissions by 59.87 tpd between 2005 and 2008. Based on
the information summarized above, Ohio and Indiana have adequately
demonstrated that the improvement in air quality is due to permanent
and enforceable emissions reductions.
4. The Area has a Fully Approved Maintenance Plan Pursuant to Section
175A of the CAA (Section 107(d)(3)(E)(iv))
    In conjunction with their requests to redesignate the Cincinnati-
Hamilton nonattainment area to attainment status, Ohio and Indiana
submitted SIP revisions to provide for the maintenance of the 8-hour
ozone NAAQS in the area through 2020.
a. Maintenance Plan Requirements
    Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after the
Administrator approves a redesignation to attainment. Eight years after
the redesignation, the State must submit a revised maintenance plan
which demonstrates that attainment will continue to be maintained for
ten years following the initial ten-year maintenance period. To address
the possibility of future NAAQS violations, the maintenance plan must
contain contingency measures with a schedule for implementation as EPA
deems necessary to assure prompt correction of any future 8-hour ozone
violations.
    The September 4, 1992, John Calcagni memorandum provides additional
guidance on the content of a maintenance plan. The memorandum clarifies
that an ozone maintenance plan should address the following items: The
attainment VOC and NOX emissions inventories, a maintenance
demonstration showing maintenance for the ten years of the maintenance
period, a commitment to maintain the existing monitoring network,
factors and procedures to be used for verification of continued
attainment of the NAAQS, and a contingency plan to prevent or correct
future violations of the NAAQS.
b. Attainment Inventory
    The Ohio EPA and IDEM developed emissions inventories for 2008, one
of the years used to demonstrate monitored attainment of the 8-hour
NAAQS, as described above. The attainment level of emissions is
summarized in Table 3, above.
c. Demonstration of Maintenance
    Along with the redesignation requests, Ohio EPA and IDEM submitted
revisions to the Ohio and Indiana 8-hour ozone SIPs to include
maintenance plans for the Cincinnati-Hamilton area, in compliance with
section 175A of the CAA. These demonstrations show maintenance of the
8-hour ozone standard through 2020 by showing that current and future
emissions of VOC and NOX for the Cincinnati-Hamilton area
remain at or below attainment year emission levels. A maintenance
demonstration need not be based on modeling. See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001), Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004).
See also 66 FR 53094, 53099-53100 (October 19, 2001), 68 FR 25413,
25430-25432 (May 12, 2003).
    Ohio and Indiana are using emissions inventory projections for the
years 2015 and 2020 to demonstrate maintenance. OKI calculated onroad
emissions for 2015 and 2020 using the MOBILE6.2 emissions model.
Emissions estimates for the remaining source categories were based on
future year inventories developed by the States and LADCO for the years
2009 and 2018. (See section VI.A.3.b., above.) The 2015 interim year
emissions were estimated based on the 2009 and 2018 inventories, using
growth factors provided by LADCO. The 2020 maintenance year emissions
were estimated by applying growth factors provided by LADCO to the 2018
inventory.
    Ohio is in the process of revising its State rules for its Best
Available Technology (BAT) minor source permitting program. As
discussed above, a State can demonstrate maintenance of the standard by
showing that future emissions of VOC and NOX for the area
remain at or below attainment year emission levels. Ohio EPA's
emissions projections for this maintenance plan assume no emissions
benefits from implementation of the BAT program. The LADCO growth
factors used to project future emissions were developed using
techniques consistent among the LADCO States and assume implementation
of no minor

source permitting programs for any State, including Ohio. The emission
projections show that Ohio EPA does not expect emissions in the
Cincinnati-Hamilton area to exceed the level of the 2008 attainment
year inventory during the maintenance period. Ohio's maintenance plan
demonstrates that the area can maintain the standard through 2020
applying standard growth factors and without the BAT program. EPA
believes that Ohio has provided adequate demonstration of maintenance,
and that any changes to the BAT program should not impact the
Cincinnati-Hamilton area's ability to attain or maintain the 1997 8-
hour ozone NAAQS. Therefore, the issues associated with the BAT program
are not being considered for purposes of this redesignation. Nothing in
this rule or redesignation is intended to affect the SIP approvability
or non-approvability of any revised Ohio BAT rules, and EPA will
evaluate the approvability of such rules when Ohio submits them.
Emissions data are shown in Tables 6-9, below.

                                   Table 6--Cincinnati-Hamilton Area VOC and NOX Emissions for Interim Year 2015 (tpd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             VOC                                               NOX
                       County                        ---------------------------------------------------------------------------------------------------
                                                        Point     Area     Onroad    Nonroad    Total     Point     Area     Onroad    Nonroad    Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Butler..............................................      4.27      9.76      4.87      4.95     23.85     14.84      2.19      7.55      5.91     30.49
Clermont............................................      0.78      5.74      3.29      3.13     12.94     50.23      1.67      5.10      2.76     59.76
Clinton.............................................      0.00      2.72      1.47      1.26      5.45      0.00      0.43      2.02      1.39      3.84
Hamilton............................................      3.28     27.38     13.44     12.70     56.80     35.71      5.30     21.11     11.18     73.30
Warren..............................................      0.57      6.94      4.02      3.39     14.92      2.70      1.17      6.23      3.22     13.32
Dearborn, IN........................................      3.95      1.79      0.50      0.62      6.86     30.42      0.27      0.60      0.78     32.07
Boone, KY...........................................      3.04      8.50      3.17      4.55     19.26     25.08      5.03      4.63      9.77     44.51
Campbell, KY........................................      0.30      4.20      l.74      1.29      7.53      0.02      1.30      2.54      4.57      8.43
Kenton, KY..........................................      1.31      7.66      2.85      1.76     13.58      0.03      4.02      4.23      6.15     14.43
OH-IN Total.........................................     12.85     54.33     27.59     26.05    120.82    133.90     11.03     42.61     25.24    212.78
                                                     ---------------------------------------------------------------------------------------------------
    Area Total......................................     17.50     74.69     35.35     33.65    161.19    159.03     21.38     54.01     45.73    280.15
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                 Table 7--Cincinnati-Hamilton Area VOC and NOX Emissions for Maintenance Year 2020 (tpd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             VOC                                               NOX
                       County                        ---------------------------------------------------------------------------------------------------
                                                        Point     Area     Onroad    Nonroad    Total     Point     Area     Onroad    Nonroad    Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Butler..............................................      4.58      9.76      4.50      4.80     23.64     14.86      2.19      5.37      4.64     27.06
Clermont............................................      0.80      5.74      3.04      2.96     12.54     51.65      1.67      3.63      2.17     59.12
Clinton.............................................      0.00      2.72      1.22      1.08      5.02      0.00      0.43      1.41      1.13      2.97
Hamilton............................................      3.43     27.38     12.00     12.19     55.00     36.69      5.30     14.44      8.73     65.16
Warren..............................................      0.57      6.94      3.88      3.15     14.54      2.70      1.17      4.63      2.38     10.88
Dearborn, IN........................................      4.15      1.79      0.42      0.60      6.96     31.22      0.27      0.42      0.65     32.56
Boone, KY...........................................      3.20      8.50      2.96      4.36     19.02     26.47      5.03      3.45      9.48     44.43
Campbell, KY........................................      0.31      4.20      1.55      1.22      7.28      0.03      1.30      1.81      4.34      7.48
Kenton, KY..........................................      1.42      7.66      2.56      1.73     13.37      0.03      4.02      3.01      5.75     12.81
OH-IN Total.........................................     13.53     54.33     25.06     24.78    117.70    137.12     11.03     29.90     19.70    197.75
                                                     ---------------------------------------------------------------------------------------------------
    Area Total......................................     18.46     74.69     32.13     32.09    157.37    163.65     21.38     38.17     39.27    262.47
--------------------------------------------------------------------------------------------------------------------------------------------------------

         Table 8--Comparison of 2008, 2015 and 2020 VOC and NOX Emissions for the Ohio and Indiana Portion of the Cincinnati-Hamilton Area (tpd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    VOC                                                     NOX
                                         ---------------------------------------------------------------------------------------------------------------
                                                                         Net change   Net change                                 Net change   Net change
                                            2008      2015      2020    (2008-2015)  (2008-2020)    2008      2015      2020    (2008-2015)  (2008-2020)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................     10.65     12.85     13.53        2.20         2.88      88.97    133.90    137.12       44.93        48.15
Area....................................     57.73     54.33     54.33       -3.40        -3.40      10.98     11.03     11.03        0.05         0.05
Onroad..................................     30.51     27.59     25.06       -2.92        -5.45      91.67     42.61     29.90      -49.06       -61.77
Nonroad.................................     45.33     26.05     24.78      -19.28       -20.55      38.66     25.24     19.70      -13.42       -18.96
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................    144.22    120.82    117.70      -23.40       -26.52     230.28    212.78    197.75      -17.50       -32.53
--------------------------------------------------------------------------------------------------------------------------------------------------------

                     Table 9--Comparison of 2008, 2015 and 2020 VOC and NOX Emissions for the Entire Cincinnati-Hamilton Area (tpd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    VOC                                                     NOX
                                         ---------------------------------------------------------------------------------------------------------------
                                                                         Net change   Net change                                 Net change   Net change
                                            2008      2015      2020    (2008-2015)  (2008-2020)    2008      2015      2020    (2008-2015)  (2008-2020)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................     14.91     17.50     18.46        2.59         3.55     112.29    159.03    163.65       46.74        51.36
Area....................................     78.36     74.69     74.69       -3.67        -3.67      21.38     21.38     21.38        0.00         0.00
Onroad..................................     55.47     35.35     32.13      -20.12       -23.34     113.45     54.01     38.17      -59.44       -75.28
Nonroad.................................     39.04     33.65     32.09       -5.39        -6.95      62.35     45.73     39.27      -16.62       -23.08
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................    187.78    161.19    157.37      -26.59       -30.41     309.47    280.15    262.47      -29.32       -47.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The emission projections show that Ohio, Indiana, and Kentucky do
not expect emissions in the Cincinnati-Hamilton area to exceed the
level of the 2008 attainment year inventory during the maintenance
period, even without implementation of CAIR. (See also discussion
below.) As shown in Table 8, VOC and NOX emissions in the
Ohio and Indiana portion of the Cincinnati-Hamilton area are projected
to decrease by 26.52 tpd and 32.53 tpd, respectively, between 2008 and
2020. As shown in Table 9, VOC and NOX emissions in the
entire Cincinnati-Hamilton area are projected to decrease by 30.41 tpd
and 47.00 tpd, respectively, between 2008 and 2020.
    In addition, LADCO performed a regional modeling analysis to
address the effect of the recent court decision vacating CAIR. This
analysis is documented in LADCO's ``Regional Air Quality Analyses for
Ozone, PM2.5, and Regional Haze: Final Technical Support Document
(Supplement), September 12, 2008.'' LADCO produced a base year
inventory for 2005 and future year inventories for 2009, 2012, and
2018. To estimate future EGU NOX emissions without
implementation of CAIR, LADCO projected 2007 EGU NOX
emissions for all States in the modeling domain based on Energy
Information Administration growth rates by State (North American
Electric Reliability Corporation (NERC) region) and fuel type for the
years 2009, 2012 and 2018. The assumed 2007-2018 growth rates were 8.8%
for Illinois, Iowa, Missouri and Wisconsin; 13.5% for Indiana,
Kentucky, Michigan and Ohio; and 15.1% for Minnesota. Emissions were
adjusted by applying legally enforceable controls, e.g., consent decree
or rule. EGU NOX emissions projections for the States of
Illinois, Indiana, Michigan, Ohio, and Wisconsin are shown below in
Table 11. The emission projections used for the modeling analysis do
not account for certain relevant factors such as allowance trading and
potential changes in operation of existing control devices. The
NOX projections indicate that, due to the NOX SIP
Call, certain State rules, consent decrees resulting from enforcement
cases, and ongoing implementation of a number of mobile source rules,
EGU NOX is not expected to increase in Ohio, Indiana, or any
of the States in the immediate region, and overall NOX
emissions in Ohio, Indiana, and the nearby region are expected to
decrease substantially between 2005 and 2020.\2\ Total NOX
emissions projections are shown in Table 11, below.
---------------------------------------------------------------------------

    \2\ There is more uncertainty about the use of SO2
allowances and future projections for SO2 emissions;
thus, further review and discussion will be needed regarding the
appropriateness of using these emission projections for future PM2.5
SIP approvals and redesignation requests.

  Table 10--EGU NOX Emissions for the States of Illinois, Indiana, Michigan, Ohio and Wisconsin (tpd) for 2007,
                                              2009, 2012, and 2018
----------------------------------------------------------------------------------------------------------------
                                                    2007             2009             2012             2018
----------------------------------------------------------------------------------------------------------------
EGU.........................................           1,582            1,552            1,516            1,524
----------------------------------------------------------------------------------------------------------------

  Table 11--Total NOX Emissions for the States of Illinois, Indiana, Michigan, Ohio and Wisconsin (tpd) for the
                                        Years 2005, 2009, 2012, and 2018
----------------------------------------------------------------------------------------------------------------
                                                    2005             2009             2012             2018
----------------------------------------------------------------------------------------------------------------
Total NOX...................................           8,260            6,778            6,076            4,759
----------------------------------------------------------------------------------------------------------------

    Given that 2007 is one of the years Ohio and Indiana used to
demonstrate monitored attainment of the 8-hour NAAQS, Table 10 shows
that EGU NOX emissions will remain below attainment levels
through 2018. If the rate of emissions increase between 2012 and 2018
continues through 2020, EGU NOX emissions would still remain
below attainment levels in 2020. Furthermore, as shown in Table 11,
total NOX emissions clearly continue to decrease
substantially throughout the maintenance period.
    Ozone modeling performed by LADCO supports the conclusion that the
Cincinnati-Hamilton area will maintain the standard throughout the
maintenance period. Peak modeled ozone levels in the area for 2009,
2012 and 2018 are 0.082 ppm, 0.081 ppm, and 0.078 ppm, respectively.
These projected ozone levels were modeled applying only legally
enforceable controls; e.g., consent decrees, rules, the NOX
SIP Call, Federal motor vehicle control programs, etc. Because these
programs will remain in place, emission levels, and therefore ozone
levels, would not be expected to increase

significantly between 2018 and 2020. Given that projected emissions and
modeled ozone levels continue to decrease substantially through 2018,
it is reasonable to infer that a 2020 modeling run would also show
levels well below the 1997 8-hour ozone standard.
    EPA has considered the relationship of the maintenance plans to the
reductions required pursuant to CAIR. This rule was remanded to EPA,
and the process of developing a replacement rule is ongoing. However,
the remand of CAIR does not alter the requirements of the
NOX SIP Call, and Ohio and Indiana have demonstrated
maintenance without any additional CAIR requirements (beyond those
required by the NOX SIP Call). Therefore, EPA believes that
Ohio and Indiana's demonstration of maintenance under sections 175A and
107(d)(3)(E) is valid.
    The NOX SIP Call requires States to make significant,
specific emissions reductions. It also provided a mechanism, the
NOX Budget Trading Program, which States could use to
achieve those reductions. When EPA promulgated CAIR, it discontinued
(starting in 2009) the NOX Budget Trading Program, 40 CFR
51.121(r), but created another mechanism, the CAIR ozone season trading
program, which States could use to meet their SIP Call obligations (70
FR 25289-90). EPA notes that a number of States, when submitting SIP
revisions to require sources to participate in the CAIR ozone season
trading program, removed the SIP provisions that required sources to
participate in the NOX Budget Trading Program. In addition,
because the provisions of CAIR, including the ozone season
NOX trading program, remain in place during the remand, EPA
is not currently administering the NOX Budget Trading
Program. Nonetheless, all States, regardless of the current status of
their regulations that previously required participation in the
NOX Budget Trading Program, will remain subject to all of
the requirements in the NOX SIP Call even if the existing
CAIR ozone season trading program is withdrawn or altered. In addition,
the anti-backsliding provisions of 40 CFR 51.905(f) specifically
provide that the provisions of the NOX SIP Call, including
the statewide NOX emission budgets, continue to apply after
revocation of the 1-hour standard.
    Indiana has submitted a SIP revision which would discontinue the
allocation of NOX allowances under the NOX Budget
Trading Program beginning in 2010. EPA has not yet acted on this SIP
revision. Ohio currently retains the SIP provisions requiring sources
to participate in the NOX Budget Trading Program. Ohio EPA
is in the process of promulgating a rule change stating that the
NOX Budget Trading Program would not be applicable so long
as CAIR or its replacement remains in place. However, the drafted rule
revision also provides that should CAIR requirements be removed and not
replaced with another program, the NOX Budget Trading
Program would once again apply, on condition that EPA maintains a
NOX Budget Trading Program.
    All NOX SIP Call States have SIPs that currently satisfy
their obligations under the SIP Call, the SIP Call reduction
requirements are being met, and EPA will continue to enforce the
requirements of the NOX SIP Call even after any response to
the CAIR remand. For these reasons, EPA believes that regardless of the
status of the CAIR program, the NOX SIP Call requirements
can be relied upon in demonstrating maintenance. Here, Ohio and Indiana
have demonstrated maintenance based in part on those requirements.
    As part of their maintenance plans, the States elected to include a
``safety margin'' for the area. 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
which continues to demonstrate attainment of the standard. The
attainment level of emissions is the level of emissions during one of
the years in which the area met the NAAQS. The Cincinnati-Hamilton area
attained the 8-hour ozone NAAQS during the 2007-2009 time period. Ohio
and Indiana used 2008 as the attainment level of emissions for the
area. For the Ohio and Indiana portion of the Cincinnati-Hamilton area,
the emissions from point, area, nonroad, and mobile sources in 2008
equaled 144.22 tpd of VOC. In the maintenance plans, Ohio EPA and IDEM
projected emission levels for 2020. Ohio EPA and IDEM projected VOC
emissions for the year 2020 to be 117.70 tpd of VOC. The SIP
submissions demonstrate that the Cincinnati-Hamilton area will continue
to maintain the standard with emissions at this level. The safety
margin for VOC is calculated to be the difference between these amounts
or, in this case, 26.52 tpd of VOC for 2020. By this same method, 32.53
tpd (i.e., 230.28 tpd less 197.75 tpd) is the safety margin for
NOX for 2020. The safety margin, or a portion thereof, can
be allocated to any of the source categories, as long as the total
attainment level of emissions is maintained.
d. Monitoring Network
    Indiana has no ozone monitor in Dearborn County. Ohio currently
operates eight ozone monitors and Kentucky operates three monitors in
the Cincinnati-Hamilton area. In its redesignation request, Ohio EPA
has committed to continue to operate the ozone monitors. Further, Ohio
EPA commits to consult with EPA prior to making changes to the existing
monitoring network, should changes become necessary in the future. Ohio
and Kentucky remain obligated to continue to quality assure monitoring
data in accordance with 40 CFR part 58 and enter all data into the Air
Quality System in accordance with Federal guidelines.
e. Verification of Continued Attainment
    Continued attainment of the ozone NAAQS in the Cincinnati-Hamilton
area depends, in part, on the States' efforts toward tracking
indicators of continued attainment during the maintenance period.
Ohio's plan for verifying continued attainment of the 8-hour standard
in the Cincinnati-Hamilton area consists of plans to continue ambient
ozone monitoring in accordance with the requirements of 40 CFR part 58.
Ohio EPA and IDEM will also continue to develop and submit periodic
emission inventories as required by the Federal Consolidated Emissions
Reporting Rule (67 FR 39602, June 10, 2002) to track future levels of
emissions.
f. Contingency Plan
    The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. 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 occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the 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 contained in the SIP before redesignation of the area to
attainment. See section 175A(d) of the CAA.

    As required by section 175A of the CAA, Ohio and Indiana have
adopted contingency plans for the Cincinnati-Hamilton area to address
possible future ozone air quality problems. The contingency plans
adopted by Ohio and Indiana have two levels of response, a warning
level response and an action level response.
    In Ohio's plan, a warning level response will be triggered when an
annual fourth high monitored value of 0.088 ppm or higher is monitored
within the maintenance area. In Indiana's plan, a warning level
response will be triggered when an annual fourth high monitored value
of 0.089 ppm or higher occurs in a single ozone season, or when a two-
year average fourth high value of 0.085 ppm or greater occurs within
the maintenance area. While the triggers selected by Ohio and Indiana
differ slightly, both are acceptable. A warning level response will
consist of Ohio EPA and IDEM conducting studies to determine whether
the ozone value indicates a trend toward higher ozone values or whether
emissions appear to be increasing. The studies will evaluate whether
the trend, if any, is likely to continue and, if so, the control
measures necessary to reverse the trend. The studies will consider ease
and timing of implementation as well as economic and social impacts.
Implementation of necessary controls in response to a warning level
response trigger will take place within 12 months from the conclusion
of the most recent ozone season.
    In the plans submitted by both Ohio and Indiana, a violation of the
standard (a three-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentration of 0.085 ppm or greater) in
the maintenance area triggers an action level response. In Ohio's plan,
an action level response is also triggered when a two-year average
fourth high value of 0.085 ppm is monitored within the maintenance
area. When an action level response is triggered, Ohio EPA and IDEM
will determine what additional control measures are needed to assure
future attainment of the ozone standard. Control measures selected will
be adopted and implemented within 18 months from the close of the ozone
season that prompted the action level. Ohio EPA and IDEM may also
consider if significant new regulations not currently included as part
of the maintenance provisions will be implemented in a timely manner
and would thus constitute an adequate contingency measure response.
    Ohio EPA included the following list of potential contingency
measures in its maintenance plan:
    i. Implementation of an enhanced motor vehicle inspection and
maintenance (I/M) program in Butler, Clermont, Hamilton and Warren
Counties;
    ii. Tighten or adopt VOC Reasonably Available Control Technology
(RACT) on existing sources covered by EPA Control Technique Guidelines
issued after the 1990 CAA;
    iii. Apply VOC RACT to smaller existing sources;
    iv. One or more transportation control measures sufficient to
achieve at least half a percent reduction in actual area wide VOC
emissions;
    v. Alternative fuel and diesel retrofit programs for fleet vehicle
operations;
    vi. Require VOC or NOX emission offsets for new and
modified major sources;
    vii. Increase the ratio of emission offsets required for new
sources;
    viii. Require VOC or NOX emission offsets for new and
modified minor sources; and,
    ix. Adopt NOX RACT for existing combustion sources.
    IDEM included the following list of potential contingency measures
in its maintenance plan:
    i. Installation of an I/M program;
    ii. Lower VOC formulation for asphalt paving;
    iii. Diesel exhaust retrofits;
    iv. Traffic flow improvements;
    v. Idle reduction programs;
    vi. Portable fuel container regulation statewide;
    vii. Park and ride facilities;
    viii. Rideshare/carpool program;
    ix. VOC cap and trade program for major stationary sources;
    x. Commercial/consumer solvent regulations statewide; and,
    xi. NOX RACT.
g. Provisions for Future Updates of the Ozone Maintenance Plan
    As required by section 175A(b) of the CAA, Ohio EPA and IDEM commit
to submit to the EPA updated ozone maintenance plans eight years after
redesignation of the Cincinnati-Hamilton area to cover an additional
ten-year period beyond the initial ten-year maintenance period. As
required by section 175A of the CAA, Ohio and Indiana have committed to
retain the VOC and NOX control measures contained in the SIP
prior to redesignation.
    EPA has concluded that the maintenance plans adequately address the
five basic components of a maintenance plan: attainment inventory,
maintenance demonstration, monitoring network, verification of
continued attainment, and a contingency plan. Thus EPA proposes to find
that the maintenance plan SIP revisions submitted by Ohio and Indiana
for the Cincinnati-Hamilton area meet the requirements of section 175A
of the CAA.

B. Adequacy of the MVEBs

1. How Are MVEBs Developed and What Are the MVEBs for the Cincinnati-
Hamilton Area?
    Under the CAA, States are required to submit, at various times,
control strategy SIP revisions and ozone maintenance plans for ozone
nonattainment areas and for areas seeking redesignations to attainment
of the ozone standard. These emission control strategy SIP revisions
(e.g., RFP and attainment demonstration SIP revisions) and ozone
maintenance plans create MVEBs based on onroad mobile source emissions
for criteria pollutants and/or their precursors to address pollution
from cars and trucks. The MVEBs are the portions of the total allowable
emissions that are allocated to highway and transit vehicle use that,
together with emissions from other sources in the area, will provide
for attainment or maintenance.
    Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment is established for the last year of the maintenance plan.
The MVEB serves as a ceiling on emissions from an area's planned
transportation system. The MVEB concept is further explained in the
preamble to the November 24, 1993, transportation conformity rule (58
FR 62188).
    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 SIP. Conformity to the SIP means that
transportation activities will not cause new air quality violations,
worsen existing air quality 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 roadways
cannot go forward. Regulations at 40 CFR part 93 set forth EPA policy,
criteria, and procedures for demonstrating and assuring conformity of
such transportation activities to a SIP.
    When reviewing SIP revisions containing MVEBs, including attainment
strategies, rate-of-progress plans, and maintenance plans, EPA must
affirmatively approve or find that the MVEBs are ``adequate'' for use
in determining transportation conformity. Once EPA affirmatively
approves or

finds the submitted MVEBs to be adequate for transportation conformity
purposes, the MVEBs must be used by State and Federal agencies in
determining whether proposed transportation projects conform to the SIP
as required by section 176(c) of the CAA. EPA's substantive criteria
for determining the adequacy of MVEBs are set out in 40 CFR
93.118(e)(4).
    EPA's process for determining adequacy of a MVEB consists of three
basic steps: (1) Providing public notification of a SIP submission; (2)
providing the public the opportunity to comment on the MVEB during a
public comment period; and, (3) EPA's finding of adequacy. The process
of determining the adequacy of submitted SIP MVEBs is codified at 40
CFR 93.118.
    The maintenance plans submitted by Ohio and Indiana for the
Cincinnati-Hamilton area contain new VOC and NOX MVEBs for
the Ohio and Indiana portion of the area for the years 2015 and 2020.
The availability of the SIP submission with these 2015 and 2020 MVEBs
was announced for public comment on EPA's Adequacy Web site on December
10, 2009, at: http://www.epa.gov/otaq/stateresources/transconf/
currsips.htm. The EPA public comment period on adequacy of the 2015 and
2020 MVEBs for the Ohio and Indiana portion of the Cincinnati-Hamilton
area closed on January 11, 2010. No adverse comments on the submittal
were received during the adequacy comment period.
    EPA, through this rulemaking, has found adequate and is proposing
to approve the MVEBs for use to determine transportation conformity in
the Ohio and Indiana portion of the Cincinnati-Hamilton area because
EPA has determined that the area can maintain attainment of the 8-hour
ozone NAAQS for the relevant maintenance period with mobile source
emissions at the levels of the MVEBs. Ohio EPA and IDEM have determined
the 2015 MVEBs for the Ohio and Indiana portion of the Cincinnati-
Hamilton area to be 31.73 tpd for VOC and 49.00 tpd for NOX.
Ohio EPA and IDEM have determined the 2020 MVEBs for the Ohio and
Indiana portion of the Cincinnati-Hamilton area to be 28.82 tpd for VOC
and 34.39 tpd for NOX. These MVEBs are consistent with the
onroad mobile source VOC and NOX emissions projected by OKI
for 2015 and 2020, as summarized in Table 8 above. Ohio and Indiana
have demonstrated that the Cincinnati-Hamilton area can maintain the 8-
hour ozone NAAQS with mobile source emissions in Ohio and Indiana
portion of the area of 31.73 tpd and 28.82 tpd of VOC and 49.00 tpd and
34.39 tpd of NOX in 2015 and 2020, respectively, since
emissions will remain under attainment year emission levels.
2. What Is a Safety Margin?
    A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. As noted in Table 8, the
emissions in the Ohio and Indiana portion of the Cincinnati-Hamilton
area are projected to have safety margins of 23.40 tpd for VOC and
17.50 tpd for NOX in 2015 (the difference between the
attainment year, 2008, emissions and the projected 2015 emissions for
all sources in the Ohio and Indiana portion of the Cincinnati-Hamilton
area). For 2020, the emissions in the Ohio and Indiana portion of the
Cincinnati-Hamilton area are projected to have safety margins of 26.52
tpd for VOC and 32.53 tpd for NOX. Even if emissions reached
the full level of the safety margin, the counties would still
demonstrate maintenance since emission levels would equal those in the
attainment year.
    The MVEBs requested by Ohio EPA and IDEM contain safety margins for
mobile sources smaller than the allowable safety margins reflected in
the total emissions for the Ohio and Indiana portion of the Cincinnati-
Hamilton area. The States are not requesting allocation to the MVEBs of
the entire available safety margins reflected in the demonstration of
maintenance. Therefore, even though the States are requesting MVEBs
that exceed the projected onroad mobile source emissions for 2015 and
2020 contained in the demonstration of maintenance, the increase in
onroad mobile source emissions that can be considered for
transportation conformity purposes is well within the safety margins of
the ozone maintenance demonstration. Further, once allocated to mobile
sources, these safety margins will not be available for use by other
sources.

C. 2005 Base Year Emissions Inventory for the Ohio Portion of the
Cincinnati-Hamilton Area

    As discussed above, section 172(c)(3) of the CAA requires areas to
submit a base year emissions inventory. As part of Ohio's request to
redesignate the Ohio portion of the Cincinnati-Hamilton area, the State
submitted a 2005 base year emissions inventory to meet this
requirement. Emissions contained in the submittal cover the general
source categories of point sources, area sources, on-road mobile
sources, and non-road mobile sources. All emission summaries were
accompanied by source-specific descriptions of emission calculation
procedures and sources of input data.
    To determine non-EGU point source emissions, the State relied on
data reported in Ohio EPA's STARShip emissions database. These data are
reported by Title V facilities annually and include emissions, process
rates, operating schedules, emissions control data, and other relevant
information. The data entered by the sources are reviewed by local air
agencies and Ohio EPA district and central office staff. After review,
the data are processed into the Federally approved National Emissions
Inventory (NEI) database format. The files are quality assured again
using EPA's QA/QC software for format and content. The data is then
submitted to LADCO for emissions processing through the Emissions
Modeling System. Ohio used EPA's EGU inventory, which is based on
facility reported emissions as measured by continuous emissions
monitors.
    Area source emissions were estimated by Ohio EPA using published
Emission Inventory Improvement Program methodologies or methodologies
shared by other States. The documentation supplied in the submittal
shows how the county-specific emissions were calculated for each area
source category.
    Non-road mobile source emissions were generated using the NMIM
application. However, prior to running NMIM, LADCO contracted to make
the following modifications and additions to the NMIM input data:
emission factors were added for diesel tampers/rammers, PM2.5 ratios
were revised to correct an error that was introduced with NMIM2005 and
didn't exist in NMIM2004, and gasoline parameters (Reid Vapor Pressure,
oxygenate content and sulfur content) were revised using updates
provided by the States and the contractor. In addition, recreational
motorboat populations and spatial surrogates were updated and emissions
estimates were developed for commercial marine vessels, aircraft, and
railroads, three nonroad categories not included in NMIM.
    Onroad mobile emissions were prepared by the OKI using the
MOBILE6.2 emissions model.
    Ohio EPA's submittal documents 2005 emissions in the Ohio portion
of the Cincinnati-Hamilton area in units of tons per summer day. The
2005 summer day emissions of VOC and NOX are summarized in
Table 2, above. EPA is proposing to approve this 2005 base year
inventory as meeting the section 172(c)(3) emissions inventory
requirement.

 D. 2002 Base Year Emissions Inventory for the Indiana Portion of the
Cincinnati-Hamilton Area

    IDEM submitted a 2002 base year emissions inventory to meet the
requirement of section 172(c)(3) of the CAA for Dearborn County on June
13, 2007, as part of Indiana's attainment demonstration for the area.
Emissions contained in the June 13, 2007, submittal cover the general
source categories of point sources, area sources, on-road mobile
sources, non-road mobile sources, and biogenic sources. All emission
summaries were accompanied by source-specific descriptions of emission
calculation procedures and sources of input data along with sample
calculations for various counties in the State.
    To determine point source emissions, the State relied on data
collected from source facilities complying with the State's annual
emissions reporting requirements, 326 IAC 2-6. Major sources are
required to annually submit to the State data specifying their annual
emissions of criteria pollutants along with seasonal source activity
information to allow the calculation of seasonal emissions. After
completing data quality assurance, IDEM submits the point source data
to EPA for incorporation into the NEI, as required by the Consolidated
Emissions Reporting Rule. The June 13, 2007, submittal includes VOC,
NOX, and CO emissions for each reporting facility statewide.
    Area source emissions were calculated using a variety of
information sources and guidance from the EPA. A primary source of
calculation procedures and applied guidance was EPA's Emission
Inventory Improvement Program. Where appropriate, point source
emissions were subtracted from the calculated area source emissions to
account for source coverage overlap with the reported point source
emissions and to avoid double counting of emissions in the emissions
totals. The documentation supplied in the June 13, 2007, submittal
shows how the county-specific emissions were calculated for each area
source category. Samples of area source emission calculations were
provided.
    The base year emission inventory documentation included a detailed
description of the procedures and input data used to determine the
mobile source for 2002. The mobile source emissions for Dearborn County
were obtained from EPA's NEI.
    Non-road mobile source VOC, NOX, and CO emissions for
2002 were generated by NMIM. To update and quality assure the emissions
for locomotives, commercial and recreational marine sources, and off-
road mobile equipment sources, LADCO contracted with several
consultants to update source population and distribution levels.
Summaries of the consultants' results and recommended emissions changes
were included in the June 13, 2007, submittal.
    Biogenic VOC, NOX, and CO emissions for 2002 were taken
directly from the NEI.
    The June 13, 2007 submittal documents 2002 emissions in Dearborn
County in units of tons per summer day. The 2002 summer day emissions
of VOC, NOX, and CO for Dearborn County are summarized in
Table 12, below. EPA is proposing to approve this 2002 base year
inventory as meeting the section 172(c)(3) emissions inventory
requirement.

                  Table 12--Dearborn County 2002 Base Year Emissions for CO, VOC, and NOX (TPD)
----------------------------------------------------------------------------------------------------------------
                             Sector                                     CO              NOX             VOC
----------------------------------------------------------------------------------------------------------------
Area............................................................            0.57            0.31            2.02
Biogenic........................................................            1.40            0.32            9.60
Nonroad.........................................................           11.70            1.95             .96
Onroad..........................................................           36.79            5.60            2.97
Point...........................................................            2.27           50.63            2.77
                                                                 -----------------------------------------------
    Total.......................................................           52.73           58.81           18.32
----------------------------------------------------------------------------------------------------------------

VII. What Actions Is EPA Taking?

    EPA is proposing to make a determination that the Cincinnati-
Hamilton area has attained the 1997 8-hour ozone NAAQS. EPA is also
proposing to approve the maintenance plan SIP revisions for the Ohio
and Indiana portions of the Cincinnati-Hamilton area. EPA's proposed
approval of the maintenance plans is based on the States'
demonstrations that the plans meet the requirements of section 175A of
the CAA, as described more fully above. After evaluating the
redesignation requests submitted by Ohio and Indiana, EPA believes that
the requests meet the redesignation criteria set forth in section
107(d)(3)(E) of the CAA. Therefore, EPA is proposing to approve the
redesignation of the Ohio and Indiana portions of the Cincinnati-
Hamilton area from nonattainment to attainment for the 1997 8-hour
ozone NAAQS. The final approval of these redesignation requests would
change the official designation for the Ohio and Indiana portions of
the Cincinnati-Hamilton area from nonattainment to attainment for the
1997 8-hour ozone standard. EPA is proposing to approve Ohio EPA's 2005
base year emissions inventory for the Ohio portion of the Cincinnati-
Hamilton area as meeting the requirements of section 172(c)(3) of the
CAA. EPA is proposing to approve IDEM's 2002 base year emissions
inventory for Dearborn County as meeting the requirements of section
172(c)(3) of the CAA for the Indiana portion of the Cincinnati-Hamilton
area. Finally, EPA finds adequate and is proposing to approve the
States' 2015 and 2020 MVEBs for Ohio and Indiana portions of the
Cincinnati-Hamilton area.

VIII. 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. Redesignation of an area to

attainment under section 107(d)(3)(E) of the CAA does not impose any
new requirements on small entities. Redesignation is an action that
affects the status of a geographical area and does not impose any new
regulatory requirements on sources. Accordingly, the Administrator
certifies that this 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). Redesignation is an action that merely affects the status of
a geographical area, does not impose any new requirements on sources,
or allows a State to avoid adopting or implementing other requirements,
and does not alter the relationship or the distribution of power and
responsibilities established in the CAA.

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 energy 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 (NTTA), 15 U.S.C. 272, requires Federal agencies to use