Proposed Rule2026-06943
Air Plan Approval; Ohio; Redesignation of the Cleveland, OH Area to Attainment of the 2015 Ozone Standards
Primary source
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Published
April 10, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to act in accordance with a request from the Ohio Environmental Protection Agency (Ohio EPA) to redesignate the Cleveland, Ohio area to attainment for the 2015 ozone National Ambient Air Quality Standards (NAAQS) because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA). The Cleveland area includes Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit Counties. Ohio EPA submitted this request on December 8, 2025. The EPA is also proposing to approve, as a revision to the Ohio State Implementation Plan (SIP), the State's plan for maintaining the 2015 ozone NAAQS through 2038 in the Cleveland area. The EPA is also initiating the adequacy process and proposing to approve Ohio's 2032 and 2038 volatile organic compound (VOC) and oxides of nitrogen (NO<INF>X</INF>) motor vehicle emissions budgets (budgets) for the Cleveland area. Additionally, the EPA is proposing to adjust the deadline for Ohio to submit Serious SIP revisions for the Cleveland area. Finally, the EPA is proposing to approve the Enhanced motor vehicle inspection and maintenance (I/M) program certification, clean fuel vehicle program (CFVP) certification, and enhanced monitoring plan (EMP) certification SIP revisions submitted by Ohio EPA on December 19, 2025, and January 12, 2026, pursuant to section 110 and part D of the CAA, because they satisfy Serious SIP requirements for the Cleveland area under the 2015 ozone NAAQS.
Full Text
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<title>Federal Register, Volume 91 Issue 69 (Friday, April 10, 2026)</title>
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[Federal Register Volume 91, Number 69 (Friday, April 10, 2026)]
[Proposed Rules]
[Pages 18355-18372]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06943]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2025-3654; FRL-13297-01-R5]
Air Plan Approval; Ohio; Redesignation of the Cleveland, OH Area
to Attainment of the 2015 Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to act
in accordance with a request from the Ohio Environmental Protection
Agency (Ohio EPA) to redesignate the Cleveland, Ohio area to attainment
for the 2015 ozone National Ambient Air Quality Standards (NAAQS)
because the request meets the statutory requirements for redesignation
under the Clean Air Act (CAA). The Cleveland area includes Cuyahoga,
Geauga, Lake, Lorain, Medina, Portage, and Summit Counties. Ohio EPA
submitted this request on December 8, 2025. The EPA is also proposing
to approve, as a revision to the Ohio State Implementation Plan (SIP),
the State's plan for maintaining the 2015 ozone NAAQS through 2038 in
the Cleveland area. The EPA is also initiating the adequacy process and
proposing to approve Ohio's 2032 and 2038 volatile organic compound
(VOC) and oxides of nitrogen (NO<INF>X</INF>) motor vehicle emissions
budgets (budgets) for the Cleveland area. Additionally, the EPA is
proposing to adjust the deadline for Ohio to submit Serious SIP
revisions for the Cleveland area. Finally, the EPA is proposing to
approve the Enhanced motor vehicle inspection and maintenance (I/M)
program certification, clean fuel vehicle program (CFVP) certification,
and enhanced monitoring plan (EMP) certification SIP revisions
submitted by Ohio EPA on December 19, 2025, and January 12, 2026,
pursuant to section 110 and part D of the CAA, because they satisfy
Serious SIP requirements for the Cleveland area under the 2015 ozone
NAAQS.
DATES: Comments must be received on or before May 11, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2025-3654 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#b3d2c1c1d29dc0d2c1d2dbf3d6c3d29dd4dcc5"><span class="__cf_email__" data-cfemail="3f5e4d4d5e114c5e4d5e577f5a4f5e11585049">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit to the
EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you
consider to be Confidential Business Information (CBI), Proprietary
Business Information (PBI), or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI, PBI, or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Cecilia Magos, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, telephone number: (312)
886-7336, email address: <a href="/cdn-cgi/l/email-protection#ee838f89819dc08d8b8d8782878fae8b9e8fc0898198"><span class="__cf_email__" data-cfemail="97faf6f0f8e4b9f4f2f4fefbfef6d7f2e7f6b9f0f8e1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA. This supplementary
information section is arranged as follows:
I. What is the EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is the EPA's analysis of Ohio's redesignation request?
V. Has the State adopted approvable motor vehicle emission budgets?
VI. Adjustment of SIP Submittal Deadlines
VII. Enhanced I/M
VIII. Clean Fuel Vehicle Program
IX. Enhanced Monitoring Program
X. What action is the EPA taking?
XI. Statutory and Executive Order Reviews
I. What is the EPA proposing?
The EPA is proposing to take several related actions. The EPA
proposes to determine that the Cleveland area has met the requirements
for redesignation under section 107(d)(3)(E) of the CAA, and the EPA is
thus proposing to change the legal designation of the Cleveland area
from nonattainment to attainment for the 2015 ozone NAAQS. The EPA is
also proposing to approve, as a revision to the Ohio SIP, the State's
maintenance
[[Page 18356]]
plan for the area (such approval being one of the CAA criteria for
redesignation to attainment status). The maintenance plan is designed
to keep the Cleveland area in attainment of the 2015 ozone NAAQS
through 2038. As a part of the maintenance plan, the EPA is initiating
the adequacy process and proposing to approve the newly established
2032 and 2038 motor vehicle emissions budgets for the Cleveland area.
Additionally, the EPA is proposing to adjust the deadline for Ohio to
submit Serious SIP revisions for the Cleveland area to no later than
December 5, 2026. Finally, the EPA is also proposing to approve several
elements which meet section 110 and part D of the CAA and the EPA's
regulations for an area which is classified as Serious nonattainment
for the 2015 ozone NAAQS. These elements include Enhanced I/M
certification, CFVP certification, and EMP certification SIP revisions
submitted by Ohio EPA on December 19, 2025, and supplemented on January
12, 2026.
II. What is the background for these actions?
The EPA has determined that ground-level ozone is detrimental to
human health. On October 1, 2015, the EPA promulgated a revised 8-hour
ozone NAAQS of 0.070 parts per million (ppm). See 80 FR 65292 (October
26, 2015). Under the EPA's regulations at 40 CFR part 50, the 2015
ozone NAAQS is attained in an area when the 3-year average of the
annual fourth highest daily maximum 8-hour average concentration is
equal to or less than 0.070 ppm, when truncated after the thousandth
decimal place, at all of the ozone monitoring sites in the area. See 40
CFR 50.19 and appendix U to 40 CFR part 50.
Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires the EPA to designate as nonattainment any areas
that are violating the NAAQS, based on the most recent three years of
quality assured ozone monitoring data. The Cleveland area was
designated as a Marginal nonattainment area for the 2015 ozone NAAQS on
June 4, 2018 (83 FR 25776) (effective August 3, 2018). On October 7,
2022 (87 FR 60897), the EPA determined that the Cleveland area did not
attain the standards by the Marginal attainment date, and the area was
reclassified as Moderate by operation of law. More recently, on
December 17, 2024 (89 FR 101901), the EPA determined the area did not
attain the standards by the Moderate attainment date, and the area was
reclassified as Serious by operation of law. The EPA established
Serious area SIP submission deadlines by rule at 40 CFR
51.1402(b)(1)(i). This set January 1, 2026, as the Serious area SIP
submission deadline applicable to the Cleveland area. As noted in that
regulatory provision, the default deadline for reclassified areas
applies ``unless the Administrator establishes a different deadline in
a separate action.''
III. What are the criteria for redesignation?
Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that: (1) the Administrator (EPA)
determines that the area has attained the NAAQS; (2) the Administrator
has fully approved the applicable implementation plan for the area
under section 110(k) of the CAA; (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP, applicable Federal air pollutant control regulations, and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area as meeting the
requirements of section 175A of the CAA; and (5) the State containing
the area has met all requirements applicable to the area for the
purposes of redesignation under section 110 and part D of the CAA.
On April 16, 1992 (57 FR 13498), the EPA provided guidance on
redesignations in the General Preamble for the Implementation of title
I of the CAA Amendments of 1990 and supplemented this guidance on April
28, 1992 (57 FR 18070). The EPA has provided further guidance on
processing redesignation requests in policy memoranda, including the
September 4, 1992, memorandum from John Calcagni, Director, Air Quality
Management Division, entitled ``Procedures for Processing Requests to
Redesignate Areas to Attainment,'' (Calcagni Memorandum).
IV. What is the EPA's analysis of Ohio's redesignation request?
A. Has the Cleveland area attained the 2015 ozone NAAQS?
For redesignation of a nonattainment area to attainment, the CAA
requires the EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2015
ozone NAAQS if it meets the 2015 ozone NAAQS, as determined in
accordance with 40 CFR 50.19 and appendix U of part 50, based on three
complete, consecutive calendar years of quality-assured air quality
data for all monitoring sites in the area. To attain the 2015 ozone
NAAQS, the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentrations (ozone design values) at each monitor
must not exceed 0.070 ppm. The air quality data must be collected and
quality-assured in accordance with 40 CFR part 58 and recorded in the
EPA's Air Quality System (AQS). Ambient air quality monitoring data for
the 3-year period must also meet data completeness requirements. An
ozone design value is valid if daily maximum 8-hour average
concentrations are available for at least 90% of the days within the
ozone monitoring seasons,\1\ on average, for the 3-year period, with a
minimum data completeness of 75% during the ozone monitoring season of
any year during the 3-year period. See section 4 of appendix U to 40
CFR part 50.
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\1\ The ozone season is defined by State in 40 CFR 58, appendix
D. The ozone season for Ohio is March-October. See 80 FR 65292,
65466 through 65467 (October 26, 2015).
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On February 27, 2026 (91 FR 9800), the EPA proposed to determine
that the Cleveland area attained the 2015 ozone NAAQS based on ozone
monitoring data for the 2023-2025 period and to suspend certain
planning requirements related to the attainment of the NAAQS (clean
data determination or CDD). A summary of the monitoring data relied
upon in that proposal is presented in Table 1. These data demonstrate
that the Cleveland area is attaining the 2015 ozone NAAQS.
[[Page 18357]]
Table 1--Annual Fourth-Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth-
Highest Daily Maximum 8-Hour Ozone Concentrations for the Cleveland Area
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2023 4th 2024 4th 2025 4th 2023-2025
County Monitor high high high average
(ppm) (ppm) (ppm) (ppm)
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Cuyahoga............................................ 39-035-0034 0.068 0.072 0.070 0.070
39-035-0060 0.062 0.065 0.068 0.065
39-035-0064 0.075 0.065 0.068 0.069
Geauga.............................................. 39-055-0004 0.066 0.066 0.069 0.067
Lake................................................ 39-085-0003 0.069 0.071 0.071 0.070
39-085-0007 0.070 0.069 0.070 0.069
Lorain.............................................. 39-093-0018 0.064 0.061 0.066 0.063
Medina.............................................. 39-103-0004 0.072 0.065 0.068 0.068
Portage............................................. 39-133-1001 0.070 0.067 0.070 0.069
Summit.............................................. 39-153-0026 0.071 0.069 0.066 0.068
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The Cleveland area's 3-year ozone design value for 2023-2025 is
0.070 ppm,\2\ which meets the 2015 ozone NAAQS.
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\2\ The monitor ozone design value for the monitor with the
highest 3-year averaged concentration.
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The EPA will not take final action to redesignate the Cleveland
area to attainment if the EPA fails to finalize the CDD or if the
design value of a monitoring site in the area violates the NAAQS prior
to final approval of the redesignation. As discussed in section IV.D.3.
below, Ohio EPA has committed to continue monitoring ozone in this area
to verify maintenance of the 2015 ozone NAAQS.
B. Has Ohio met all applicable requirements of section 110 and part D
of the CAA for the Cleveland area, and does Ohio have a fully approved
SIP for the area under section 110(k) of the CAA?
For redesignation of an area from nonattainment to attainment of a
NAAQS, the CAA requires the EPA to determine that the State has met all
applicable requirements under section 110 and part D of title I of the
CAA (see section 107(d)(3)(E)(v) of the CAA) and that the State has a
fully approved SIP under section 110(k) of the CAA (see section
107(d)(3)(E)(ii) of the CAA). The EPA proposes to find that Ohio has
met all applicable SIP requirements for purposes of redesignation under
section 110 and part D of title I of the CAA (requirements specific to
nonattainment areas for the 2015 ozone NAAQS). In separate actions, the
EPA is proposing approval of Ohio's source specific VOC and
NO<INF>X</INF> RACT determinations for sources at or above the Moderate
major source threshold. Recognizing that these SIP elements must be
approved on or before the date the EPA completes final rulemaking
redesignating the area, the EPA proposes to determine that, providing
this occurs, the EPA will have fully approved Ohio's SIP under section
110(k) of the CAA. In making these proposed determinations, the EPA
ascertained which requirements are applicable for purposes of
redesignation, and whether the required Ohio SIP elements are fully
approved under section 110(k) and part D of the CAA. As discussed more
fully below, SIPs must be fully approved only with respect to these
applicable requirements of the CAA.
The EPA proposed in its CDD action to determine that the Cleveland
area has attained the 2015 standard, under 40 CFR 51.1318. Providing
that determination is finalized, the requirements to submit certain
planning SIPs related to attainment, including attainment demonstration
requirements (the reasonably available control measures (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) and 182(b)(1) 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, the EPA has interpreted requirements related to
attainment as not applicable for purposes of redesignation. For
example, in the General Preamble, the EPA stated that:
``The 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, 57 FR 13498 at 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'').
1. Ohio has met all applicable requirements of section 110 and part
D of the CAA applicable to the Cleveland area for purposes of
redesignation.
a. Section 110 General Requirements for Implementation Plans
Section 110(a)(2) of the CAA delineates the general requirements
for a SIP. Section 110(a)(2) provides that the SIP must have been
adopted by the State after reasonable public notice and hearing, and
that, among other things, it must: (1) include enforceable emission
limitations and other control measures, means or techniques necessary
to meet the requirements of the CAA; (2) provide for establishment and
operation of appropriate devices, methods, systems and procedures
necessary to monitor ambient air quality; (3) provide for
implementation of a source permit program to regulate the modification
and construction of stationary sources within the areas covered by the
plan; (4) include provisions for the implementation of part C
prevention of significant deterioration (PSD) and part D new source
review (NSR) permit programs; (5) include provisions for stationary
source emission control measures, monitoring, and reporting; (6)
include provisions for air quality modeling; and, (7) provide for
public and local agency participation in planning and emission control
rule development.
Section 110(a)(2)(D) of the CAA requires SIPs to contain measures
to prevent sources in a State from significantly contributing to air
quality problems in another State. To implement this provision, the EPA
has required certain States to establish programs to address transport
of certain
[[Page 18358]]
air pollutants, for example, the NO<INF>X</INF> SIP call, the Clean Air
Interstate Rule (CAIR), and the Cross State Air Pollution Rule (CSAPR).
Like many of the 110(a)(2) requirements, however, the section
110(a)(2)(D) SIP requirements are not linked with a particular area's
ozone designation and classification. The EPA concludes that the SIP
requirements linked with the area's ozone designation and
classification are the relevant measures to evaluate when reviewing a
redesignation request for the area. The section 110(a)(2)(D)
requirements, where applicable, continue to apply to a State regardless
of the designation of any one particular area within the State. Thus,
we believe these requirements are not applicable requirements for
purposes of redesignation. See 65 FR 37890 (June 15, 2000), 66 FR 53094
(October 19, 2001), 68 FR 25418, 25426 through 25427 (May 12, 2003).
In addition, the EPA believes that other section 110 elements that
are neither connected with nonattainment plan submissions nor linked
with an area's ozone attainment status are not applicable requirements
for purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated to attainment of the 2015
ozone NAAQS. The section 110 and part D requirements which are linked
with a particular area's designation and classification are the
relevant measures to evaluate in reviewing a redesignation request.
This approach is consistent with the EPA's existing policy on
applicability (i.e., for redesignations) of conformity requirements, as
well as with section 184 ozone transport requirements. See Reading,
Pennsylvania proposed and final rulemakings, 61 FR 53174 through 53176
(October 10, 1996) and 62 FR 24826 (May 7, 1997); Cleveland-Akron-
Loraine, Ohio final rulemaking, 61 FR 20458 (May 7, 1996); and Tampa,
Florida final rulemaking, 60 FR 62748 (December 7, 1995). See also the
discussion of this issue in the Cincinnati, Ohio ozone redesignation
(65 FR 37890, June 19, 2000), and the Pittsburgh, Pennsylvania ozone
redesignation (66 FR 53094, October 19, 2001).
We have reviewed Ohio's SIP and propose to find that it meets the
general SIP requirements under section 110 of the CAA, to the extent
those requirements are applicable for purposes of redesignation. In any
case, on August 11, 2021 (86 FR 43962), the EPA approved elements of
the SIP submitted by Ohio to meet the requirements of section 110 for
the 2015 ozone standard.
b. Part D Requirements
Section 172(c) of the CAA sets forth the basic requirements of air
quality plans for States with nonattainment areas that are required to
submit them pursuant to section 172(b). Subpart 2 of part D, which
includes section 182 of the CAA, establishes specific requirements for
ozone nonattainment areas depending on the areas' nonattainment
classifications.
The Cleveland area is classified as Serious under subpart 2 for the
2015 ozone NAAQS. As such, the area is subject to the subpart 1
requirements contained in section 172(c) and section 176. Similarly,
the area is subject to the subpart 2 requirements contained in section
182(a) (Marginal nonattainment area requirements) and section 182(b)
(Moderate nonattainment area requirements), and section 182(c) (Serious
nonattainment area requirements). A thorough discussion of the
requirements contained in section 172(c) and 182 can be found in the
General Preamble for Implementation of Title I (April 16, 1992, 57 FR
13498). However, as discussed in section VI below, the EPA is proposing
to adjust the deadline for Ohio to submit Serious SIP revisions for the
Cleveland area to no later than December 5, 2026. Providing the EPA
finalizes this SIP submittal deadline adjustment and the redesignation
of the Cleveland area prior to December 5, 2026, Serious SIP
requirements would not be applicable requirements for purposes of
redesignation, because they will not have become due.
i. Subpart 1 Section 172 Requirements
As provided in subpart 2, for ozone nonattainment areas such as the
Cleveland area, the specific requirements of section 182 apply in lieu
of the attainment planning requirements that would otherwise apply
under section 172(c), including the attainment demonstration and RACM
under section 172(c)(1), RFP under section 172(c)(2), and contingency
measures under section 172(c)(9). 42 U.S.C. 7511a(a).
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. This
requirement is superseded by the inventory requirement in section
182(a)(1) discussed below.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources 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. The EPA granted limited approval of
approved Ohio's NSR program on September 8, 1993 (58 FR 47211) and
granted final approval on January 10, 2003 (68 FR 1366). The EPA
approved revisions to Ohio's NSR program on February 25, 2010 (75 FR
8496). Most recently, the EPA approved Ohio's certification that its
SIP satisfies the nonattainment NSR requirements of the CAA for the
2015 ozone NAAQS on July 7, 2025 (90 FR 29742). Nonetheless, the EPA
has determined that, since PSD requirements will apply after
redesignation, areas being redesignated need not comply with the
requirement that an 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 the
October 14, 1994, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation, entitled, ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.'' See
rulemakings for Detroit, Michigan (60 FR 12467 through 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 through 31837, June 21, 1996). Ohio's PSD
program will become effective in the Cleveland area upon redesignation
to attainment. The EPA conditionally approved Ohio's PSD program on
October 10, 2001 (66 FR 51570), fully approved Ohio's PSD program on
January 22, 2003 (68 FR 2909), and most recently approved revisions to
Ohio's PSD program on February 25, 2010 (75 FR 8496).
Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the NAAQS. 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
SIP meets the requirements of section 110(a)(2) for purposes of
redesignation.
ii. Section 176 Conformity Requirements
Section 176(c) of the CAA requires that federally supported or
funded projects conform to the applicable SIP. The requirement to
determine conformity applies to transportation plans, programs and
projects that are developed, funded or approved under
[[Page 18359]]
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
that the EPA promulgated pursuant to its authority under the CAA.
The EPA interprets the conformity SIP requirements \3\ as not
applying for purposes of evaluating a redesignation request under
section 107(d) because State conformity rules are still required after
redesignation and Federal conformity rules apply where State conformity
rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir.
2001) (upholding this interpretation); see also 60 FR 62748 (December
7, 1995) (redesignation of Tampa, Florida). Nonetheless, Ohio has an
approved conformity SIP for the Cleveland area. See 80 FR 11133 (March
2, 2015).
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\3\ CAA section 176(c)(4)(E) requires States to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from SIPs requiring the development of motor
vehicle emissions budgets, such as control strategy SIPs and
maintenance plans.
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iii. Subpart 2 Section 182(a), Section 182(b), Section 182(c), and
Section 182(f) Requirements
Section 182(a)(1) requires States to submit a comprehensive,
accurate, and current inventory of actual emissions from sources of
NO<INF>X</INF> and VOC emitted within the boundaries of the ozone
nonattainment area within two years of designation. The EPA approved
Ohio's base year emissions inventory for the Cleveland area on March 3,
2021 (86 FR 12270) and July 7, 2025 (90 FR 29742).
Under section 182(a)(2)(A), States with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC reasonably available control technology
(RACT) rules that were required under section 172(b)(3) prior to the
1990 CAA amendments. The Cleveland area is not subject to the section
182(a)(2) RACT ``fix up'' requirement for the 2015 ozone NAAQS because
it was designated as nonattainment for this standard after the
enactment of the 1990 CAA amendments and, in any case, Ohio complied
with this requirement for the Cleveland area under the prior 1-hour
ozone NAAQS. See 59 FR 23796 (May 9, 1994) and 60 FR 15235 (March 23,
1995).
Section 182(a)(2)(B) requires each State with a Marginal ozone
nonattainment area that implemented or was required to implement a
vehicle I/M program prior to the 1990 CAA amendments to submit a SIP
revision for an I/M program no less stringent than that required prior
to the 1990 CAA amendments or already in the SIP at the time of the CAA
amendments, whichever is more stringent. For the purposes of the 2015
ozone NAAQS and the consideration of Ohio's redesignation request for
this standard, the Cleveland area is not subject to the section
182(a)(2)(B) requirement because the Cleveland area was designated as
nonattainment for the 2015 ozone NAAQS after the enactment of the 1990
CAA amendments.
Regarding the source permitting and offset requirements of sections
182(a)(2)(C), 182(a)(4), and 182(b)(5), Ohio currently has a fully
approved part D NSR program in place. The EPA granted limited approval
of Ohio's NSR program on September 8, 1993 (58 FR 47211), and received
final approval on January 10, 2003 (68 FR 1366). The EPA approved
revisions to Ohio's NSR program on February 25, 2010 (75 FR 8496). Most
recently, the EPA approved Ohio's certification that its SIP satisfies
the nonattainment NSR requirements of the CAA for the 2015 ozone NAAQS
on July 7, 2025 (90 FR 29742). In addition, the EPA conditionally
approved Ohio's PSD program on October 10, 2001 (66 FR 51570), fully
approved Ohio's PSD program on January 22, 2003 (68 FR 2909), and most
recently approved revisions to Ohio's PSD program on February 25, 2010
(75 FR 8496). The State's PSD program will become effective in the
Cleveland area upon redesignation to attainment.
Section 182(a)(3) requires States to submit periodic emission
inventories and a revision to the SIP to require the owners or
operators of stationary sources to annually submit emission statements
documenting actual VOC and NO<INF>X</INF> emissions. As discussed below
in section IV.D.4. of this proposed rule, Ohio will continue to update
its emissions inventory at least once every three years consistent with
the requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.122.
The EPA approved Ohio's emission statement SIP for the Cleveland area
for the 2015 ozone NAAQS on July 11, 2017 (82 FR 31913).
Section 182(b)(1) requires the submission of an attainment
demonstration and RFP plan. Ohio submitted an attainment demonstration
and RFP plan for the Cleveland area on December 21, 2022. The EPA
approved Ohio's RFP plan on July 7, 2025 (90 FR 29742). However,
because attainment has been reached, section 182(b)(1) requirements are
no longer considered to be applicable if the area continues to attain
the standard. If the EPA finalizes approval of the redesignation of the
area, the EPA will take no further action on the attainment
demonstration submitted by Ohio.
Section 182(b)(2) requires States with Moderate nonattainment areas
to implement VOC RACT with respect to each of the following: (1) all
sources covered by a Control Technology Guideline (CTG) document issued
between November 15, 1990, and the date of attainment; (2) all sources
covered by a CTG issued prior to November 15, 1990; and (3) all other
major non-CTG stationary sources. Ohio submitted a VOC RACT SIP to
address the requirements applicable to Moderate nonattainment areas on
March 30, 2022, and supplemented the submittal on February 1, 2023, and
August 28, 2023. On January 20, 2026 (91 FR 2308) the EPA approved
Ohio's submittal as satisfying the requirements of sections
182(b)(2)(A) and (B), that VOC RACT be implemented with respect to
sources covered by a CTG and partially satisfying the requirement of
section 182(b)(2)(C) that VOC RACT be implemented at all other major
sources. Ohio subsequently submitted non-CTG VOC RACT determinations
for sources at or above the Moderate major source threshold in the area
on March 11, 2024, January 15, 2025, January 22, 2025, October 8, 2025,
November 20, 2025, and November 25, 2025. The EPA is taking action on
these VOC RACT determinations in separate rulemakings. The EPA will not
finalize this redesignation unless the EPA has fully approved Ohio's
Moderate VOC RACT SIP.
Section 182(b)(3) requires States to adopt Stage II gasoline vapor
recovery regulations. On May 16, 2012 (77 FR 28772), the EPA determined
that the use of onboard vapor recovery technology for capturing
gasoline vapor when gasoline-powered vehicles are refueled is in
widespread use throughout the highway motor vehicle fleet and waived
the requirement that current and former ozone nonattainment areas
implement Stage II vapor recovery systems on gasoline pumps.
Section 182(b)(4) requires a basic vehicle I/M program in each
State with a moderate ozone nonattainment area. The EPA approved Ohio's
basic I/M program of April 4, 1995 (60 FR 16986) and on January 6, 1997
(62 FR 646). The
[[Page 18360]]
EPA approved Ohio's I/M program certification for the Cleveland area
for the Moderate classification under the 2015 ozone NAAQS on July 7,
2025 (90 FR 29742).
Section 182(c) contains the requirements for areas classified as
Serious. As discussed in section VI, in this action the EPA is
proposing to adjust the deadline for Ohio to submit Serious SIP
revisions for the Cleveland area to no later than December 5, 2026.
Provided the EPA finalizes this SIP submittal deadline adjustment and
the redesignation of the Cleveland area prior to December 5, 2026,
Serious SIP requirements would not be considered applicable
requirements for purposes of redesignation because they will not have
become due and thus are not a prerequisite to redesignation.
Nonetheless, Ohio has already submitted many of the Serious SIP
requirements, and the EPA is proposing to approve those submittals as
follows.
Section 182(c)(1) of the CAA requires States with nonattainment
areas classified Serious or higher to adopt and implement a program to
improve air monitoring for ambient concentrations of ozone,
NO<INF>X</INF> and VOC. For the reasons discussed in section IX, EPA is
proposing to approve the Ohio's EMP certification for the 2015 ozone
NAAQS.
CAA section 182(c)(3) requires States with ozone nonattainment
areas classified as Serious or higher to adopt and implement an
Enhanced I/M program. For the reasons discussed in section VII, below,
the EPA is proposing to approve the Ohio I/M certification as meeting
the section 182(c)(3) Serious Enhanced I/M requirements for the
Cleveland area under the 2015 ozone NAAQS.
CAA section 182(c)(4) requires States with ozone nonattainment
areas classified as Serious or higher to submit a SIP revision
describing implementation of a CFVP, as described in CAA title II part
C (40 CFR 88). For the reasons discussed in section VIII, the EPA is
proposing to approve Ohio's certification that its current CFVP meets
the Serious CFVP requirements for the Ohio area for the 2015 ozone
NAAQS.
Section 182(c) of the CAA also requires States with Serious
nonattainment areas to implement the VOC RACT requirements of Section
182(b)(2) with the addition that a ``major source'' is one that emits,
or has the potential to emit, at least 50 tons per year of volatile
organic compounds. Ohio has submitted part of the Serious VOC RACT
requirements for the Cleveland nonattainment area. The EPA is proposing
to extend the deadlines for those submittals, however, as described in
section VI.
The remaining section 182(c) requirements for areas classified as
Serious include: an attainment demonstration, RFP, RFP contingency
measures, and a transportation control demonstration. These elements
are not needed to redesignate the Ohio portion because the area has
attained the 2015 ozone NAAQS. This rationale is outlined in 40 CFR
51.1318, the General Preamble, and the 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.''). The EPA believes it
is reasonable to interpret these provisions as not requiring areas that
are meeting the ozone standard to make the SIP submissions to the EPA
described in the provisions as long as the areas continue to meet the
standard. (If such an area were to monitor a violation of the standard
prior to being redesignated to attainment, however, the area would have
to address the pertinent requirements and submit the SIP revisions
described in those provisions to the EPA.)
Section 182(f) of the CAA establishes NO<INF>X</INF> requirements
for ozone nonattainment areas. Section 182(f)(1) generally requires
major sources of NO<INF>X</INF> to be covered by the same levels of
emission controls as required for major sources of VOC. Since section
182(b)(2)(C) of the CAA requires areas classified as Moderate (or
above) to implement RACT for major VOC sources, these ozone
nonattainment areas are also required to implement NO<INF>X</INF> RACT
for major sources of NO<INF>X</INF>. Ohio submitted a NO<INF>X</INF>
RACT SIP at the Moderate major source threshold on March 30, 2022, and
supplemented the submittal on February 1, 2023, and August 28, 2023. On
January 20, 2026 (91 FR 2308), the EPA approved Ohio's SIP submissions
as partially meeting the NO<INF>X</INF> RACT requirements of sections
182(b)(2) and 182(f) of the CAA at the Moderate major source threshold.
For the major sources not subject to category-specific NO<INF>X</INF>
RACT rules, Ohio subsequently submitted source specific NO<INF>X</INF>
RACT determinations on December 5, 2023, March 28, 2024, July 28, 2025,
August 25, 2025, and November 20, 2025. The EPA is taking action on
Ohio's source specific Moderate NO<INF>X</INF> RACT determinations in
separate rules. As noted below, providing the EPA finalizes the SIP
submittal deadline adjustment and the redesignation of the Cleveland
area prior to December 5, 2026, NO<INF>X</INF> RACT at the Serious
major source threshold would not be an applicable requirement for
purposes of redesignation because it will not have become due.
Thus, as discussed above, the EPA finds that the Cleveland, Ohio
area satisfies all applicable requirements for purposes of
redesignation under section 110 and part D of the CAA.
2. The Cleveland area has a fully approved SIP for purposes of
redesignation under section 110(k) of the CAA.
At various times, Ohio has adopted and submitted, and the EPA has
approved, provisions addressing the various SIP elements applicable for
the ozone NAAQS. In separate actions, the EPA is proposing to approve
Ohio's VOC and NO<INF>X</INF> RACT submissions as meeting the
requirements for Moderate nonattainment areas. Providing the EPA
finalizes approval of these VOC and NO<INF>X</INF> RACT submissions and
finalizes the SIP submittal deadline adjustment and the redesignation
of the Cleveland area prior to December 5, 2026, the EPA will have
fully approved the Ohio SIP for the Cleveland area under section 110(k)
for all requirements applicable for purposes of redesignation under the
2015 ozone NAAQS. The EPA may rely on prior SIP approvals in approving
a redesignation request (see the Calcagni memorandum at page 3;
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426). Additional
measures may also be approved in conjunction with a redesignation
action (see 68 FR 25426 (May 12, 2003) and citations therein).
C. Are the air quality improvements in the Cleveland area due to
permanent and enforceable emission reductions?
To redesignate an area from nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires the EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from the implementation of the SIP
and applicable Federal air pollution control regulations and other
permanent and enforceable emission reductions. The EPA proposes to
determine that Ohio has demonstrated that that the observed ozone air
quality improvement in the Cleveland area is due to permanent and
enforceable reductions in VOC and NO<INF>X</INF> emissions resulting
from State measures adopted into the SIP and Federal measures.
In making this demonstration, the State has calculated the change
in emissions between 2017 and 2025. The reduction in emissions and the
[[Page 18361]]
corresponding improvement in air quality over this time period can be
attributed to several regulatory control measures that the Cleveland
area and upwind areas have implemented in recent years. In addition,
Ohio provided an analysis to demonstrate the improvement in air quality
was not due to unusually favorable meteorology. Based on the
information summarized below, the EPA proposes to find that Ohio has
adequately demonstrated that the improvement in air quality is due to
permanent and enforceable emissions reductions.
1. Permanent and enforceable emission controls implemented.
a. Regional NO<INF>X</INF> Controls
CAIR/CSAPR. Under the ``good neighbor provision'' of CAA section
110(a)(2)(D)(i)(I), States are required to address interstate transport
of air pollution. Specifically, the good neighbor provision provides
that each State's SIP must contain provisions prohibiting emissions
from within that State which will contribute significantly to
nonattainment of the NAAQS, or interfere with maintenance of the NAAQS,
in any other State.
On May 12, 2005 (70 FR 25152), the EPA published CAIR, which
required eastern States, including Ohio, to prohibit emissions
consistent with annual and ozone season NO<INF>X</INF> budgets and
annual sulfur dioxide (SO<INF>2</INF>) budgets. CAIR addressed the good
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate
matter (PM<INF>2.5</INF>) NAAQS and was designed to mitigate the impact
of transported NO<INF>X</INF> emissions, a precursor of both ozone and
PM<INF>2.5</INF>, as well as transported SO<INF>2</INF> emissions,
another precursor of PM<INF>2.5</INF>. The United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) remanded
CAIR to the EPA for replacement in 2008. North Carolina v. EPA, 531
F.3d 896, modified, 550 F.3d 1176 (2008). While the EPA worked on
developing a replacement rule, implementation of the CAIR program
continued as planned with the NO<INF>X</INF> annual and ozone season
programs beginning in 2009 and the SO<INF>2</INF> annual program
beginning in 2010.
On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's
remand, the EPA published CSAPR to replace CAIR and to address the good
neighbor provision for the 1997 ozone NAAQS, the 1997 PM<INF>2.5</INF>
NAAQS, and the 2006 PM<INF>2.5</INF> NAAQS. Through Federal
Implementation Plans, CSAPR required electric generating units (EGUs)
in eastern States, including Ohio, to meet annual and ozone season
NO<INF>X</INF> budgets and annual SO<INF>2</INF> budgets implemented
through new trading programs. After delays caused by litigation, the
EPA started implementing the CSAPR trading programs in 2015,
simultaneously discontinuing administration of the CAIR trading
programs. On October 26, 2016 (81 FR 74504), the EPA published the
CSAPR Update, which established, starting in 2017, a new ozone season
NO<INF>X</INF> trading program for EGUs in eastern States, including
Ohio, to address the good neighbor provision for the 2008 ozone NAAQS.
The CSAPR Update was estimated to result in a 20% reduction in ozone
season NO<INF>X</INF> emissions from EGUs in the eastern United States,
a reduction of 80,000 tons in 2017 compared to 2015 levels. On April
30, 2021 (86 FR 23054), the EPA published the Revised CSAPR Update,
which fully resolved the obligations of eastern States, including Ohio,
under the good neighbor provision for the 2008 ozone NAAQS. The Revised
CSAPR Update is estimated to reduce ozone season NO<INF>X</INF>
emissions from EGUs by 17,000 tons beginning in 2021, compared to
emissions without the rule. The reduction in NO<INF>X</INF> emissions
from the implementation of CAIR and then CSAPR occurred by the
attainment years.
b. Federal Emission Control Measures
Reductions in VOC and NO<INF>X</INF> 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. Further details on the various Federal emission control
measures are described in the redesignation request submittal included
in the docket of this action. Some of the listed Federal emission
control measures include the following:
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On February 10, 2000 (65 FR 6698), the EPA promulgated Tier
2 motor vehicle emission standards and gasoline sulfur control
requirements. These emission control requirements result in lower VOC
and NO<INF>X</INF> emissions from new cars and light duty trucks,
including sport utility vehicles. With respect to fuels, this rule
required refiners and importers of gasoline to meet lower standards for
sulfur, which were phased in between 2004 and 2006. By 2006, refiners
and importers were required to meet a 30 ppm average sulfur level, with
a maximum cap of 80 ppm. This reduction in fuel sulfur content ensures
the effectiveness of low emission-control technologies. The Tier 2
tailpipe standards established in this rule were phased in for new
vehicles between 2004 and 2009. At the time of promulgation of Tier 2
standards, the EPA estimated that this rule would cut NO<INF>X</INF>
and VOC emissions from light-duty vehicles and light-duty trucks by
approximately 76% and 28%, respectively. NO<INF>X</INF> and VOC
reductions from medium-duty passenger vehicles included as part of the
Tier 2 vehicle program were estimated to be approximately 37,000 and
9,500 tons per year, respectively, when fully implemented. As projected
by these estimates and demonstrated in the onroad emission modeling for
the Cleveland area, a portion of these emission reductions occurred
during the period 2017 through 2025, i.e., after the area was
designated nonattainment for the 2015 ozone NAAQS. As discussed below,
the Tier 2 vehicle and gasoline sulfur standards were replaced by the
Tier 3 emission standards for vehicles and gasoline sulfur standards
beginning on January 1, 2017.
Tier 3 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On April 28, 2014 (79 FR 23414), the EPA promulgated Tier 3
motor vehicle emission and fuel standards to reduce both tailpipe and
evaporative emissions and to further reduce the sulfur content in
fuels. The rule was phased in between 2017 and 2025. Tier 3 sets new
tailpipe standards for non-methane organic gases (NMOG) and
NO<INF>X</INF>, presented as NMOG+NO<INF>X</INF>, and for particulate
matter. The VOC and NO<INF>X</INF> tailpipe standards for light-duty
vehicles represent approximately an 80% reduction in fleet average
NMOG+NO<INF>X</INF> and a 70% reduction in per-vehicle particulate
matter (PM) standards, relative to the fleet average at the time of
phase-in. Heavy-duty tailpipe standards represent about a 60% reduction
in both fleet average NMOG+NO<INF>X</INF> and per-vehicle PM standards.
The evaporative emissions requirements in the rule will result in
approximately a 50% reduction from previous standards and apply to all
light-duty and onroad gasoline-powered heavy-duty vehicles. Finally,
the rule lowered the sulfur content of gasoline to an annual average of
10 ppm starting in January 2017. As projected by these estimates and
demonstrated in the onroad emission modeling for the Cleveland area,
some of these emission reductions occurred by the attainment years and
additional emission reductions will occur throughout the maintenance
period, as older vehicles are replaced with newer, compliant model
years.
Heavy-Duty Diesel Engine Rules. On January 18, 2001 (66 FR 5002),
the EPA
[[Page 18362]]
issued a rule for onroad heavy-duty diesel engines that includes
standards limiting the sulfur content of diesel fuel. Emissions
standards for NO<INF>X</INF>, VOC and PM were phased in between model
years 2007 and 2010. In addition, the rule reduced the highway diesel
fuel sulfur content to 15 parts per million by 2007, leading to
additional reductions in combustion NO<INF>X</INF> and VOC emissions.
The EPA has estimated future year emission reductions due to
implementation of this rule. The EPA estimated that by 2015
NO<INF>X</INF> and VOC emissions would decrease nationally by 1,260,000
tons and 54,000 tons, respectively, and that by 2030 NO<INF>X</INF> and
VOC emissions will decrease nationally by 2,570,000 tons and 115,000
tons, respectively. As projected by these estimates and demonstrated in
the onroad emission modeling for the Cleveland area, some of these
emission reductions occurred by the attainment years and additional
emission reductions will occur throughout the maintenance period, as
older vehicles are replaced with newer, compliant model years.
Nonroad Diesel Rule. On June 29, 2004 (69 FR 38958), the EPA issued
a rule adopting emissions standards for nonroad diesel engines and
sulfur reductions in nonroad diesel fuel. This rule applies to diesel
engines used primarily in construction, agricultural, and industrial
applications. Emission standards were phased in for the 2008 through
2015 model years based on engine size. The sulfur limits for nonroad
diesel fuels were phased in from 2007 through 2012. The EPA estimates
that when fully implemented, compliance with this rule will cut
NO<INF>X</INF> emissions from these nonroad diesel engines by
approximately 90%. As projected by these estimates and demonstrated in
the nonroad emission modeling for the Cleveland area, some of these
emission reductions occurred by the attainment years and additional
emission reductions will occur throughout the maintenance period.
Nonroad Spark-Ignition Engines and Recreational Engine Standards.
On November 8, 2002 (67 FR 68242), the EPA adopted emission standards
for large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines. These emission standards were
phased in from model years 2004 through 2012. When fully implemented,
the EPA estimates an overall 72% reduction in national VOC emissions
from these engines and an 80% reduction in national NO<INF>X</INF>
emissions. As projected by these estimates and demonstrated in the
nonroad emission modeling for the Cleveland area, some of these
emission reductions occurred by the attainment years and additional
emission reductions will occur throughout the maintenance period as
older engines are replaced with newer, compliant model years.
Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896), the EPA issued emission standards for marine compression-
ignition engines at or above 30 liters per cylinder. Tier 2 emission
standards apply beginning in 2011 and are expected to result in a 15 to
25% reduction in NO<INF>X</INF> emissions from these engines. Final
Tier 3 emission standards apply beginning in 2016 and are expected to
result in approximately an 80% reduction in NO<INF>X</INF> from these
engines. As projected by these estimates and demonstrated in the
nonroad emission modeling for the Cleveland area, some of these
emission reductions occurred by the attainment years and additional
emission reductions will occur throughout the maintenance period as
older engines are replaced with newer, complaint model years.
In its submittal, Ohio included additional permanent and
enforceable Federal emission control measures that contributed to
NO<INF>X</INF> and VOC emission reductions by the attainment years, and
which will contribute to additional emission reductions throughout the
maintenance period. Further information can be found in Chapter Five of
Ohio's submittal.
c. Ohio Rules
Consumer Products Rules. On June 20, 2022, Ohio revised its
consumer products rules to incorporate the Phase IV Ozone Transport
Commission (OTC) model rule. Implementation was required by July 1,
2023.
Architectural and Industrial Maintenance (AIM) Coatings Rules.
Effective December 16, 2022, Ohio revised its AIM rules to incorporate
the OTC Phase II standards, with an implementation date of January 1,
2024.
VOC and NOX RACT. While VOC and NO<INF>X</INF> regulations have
been in place in Ohio for many years, Ohio revised certain source
categories to establish new or more stringent RACT controls. Revisions
to Ohio's VOC and NO<INF>X</INF> RACT rules became effective March 27,
2022, and March 25, 2022, respectively.
d. Cleveland Point Source NO<INF>X</INF> Reductions.
The Avon Lake Power Plant (Facility ID: 0247030013) ceased
operations in April 2022. In its submittal, Ohio EPA estimated this
shutdown would reduce annual point source NO<INF>X</INF> emissions by
1,069.10 tons.
2. Emission reductions.
Ohio is using a 2017 emissions inventory to represent nonattainment
level emissions (nonattainment year inventory or nonattainment
inventory), which is appropriate because it was a year the area
monitored nonattainment due to an exceedance of the NAAQS, and it
corresponds to the base year approved by the EPA on July 7, 2025 (90 FR
29742), for Ohio EPA's Moderate attainment demonstration request and
RFP demonstration. Ohio is using a 2025 emissions inventory to
represent attainment level emissions (attainment year inventory or
attainment inventory), which is appropriate because it is one of the
years in the 2023-2025 period used to demonstrate monitored attainment
with the NAAQS.
For both 2017 and 2025, Ohio has provided inventories for point,
nonpoint, onroad, and nonroad sources. The point source category
includes facilities that report their emissions directly to Ohio EPA,
as well as sources such as airports and rail yards. Nonpoint sources,
sometimes called area sources, include emissions from sources that are
more ubiquitous, such as consumer products or architectural coatings.
Onroad sources are vehicles that are primarily used on public roadways,
such as cars, trucks, and motorcycles. Nonroad sources include engine-
based emissions that do not occur on roads, such as trains or boats.
For its onroad emissions inventory, Ohio submitted an analysis
developed by Ohio's Department of Transportation (ODOT), the Akron
Metropolitan Area Transportation Study (AMATS), and the Northeast Ohio
Areawide Coordinating Agency (NOACA), in consultation with Ohio EPA and
the EPA. This analysis used the EPA's Motor Vehicle Emission Simulator
(MOVES) model to generate July weekday onroad emissions informing the
inventories for both 2017 and 2025. However, Ohio EPA used 2026 modeled
emissions as a conservative estimate for mobile emissions used in their
demonstration to represent 2025 emissions. The MOVES5 model was the
latest model version available at the time the inventory was developed.
NOACA, AMATS, and ODOT's analysis relied on local travel inputs
including demographic data, travel demand
[[Page 18363]]
forecasting, road types, Vehicle Miles of Travel (VMT), Vehicle Hours
of Travel, vehicle population, and vehicle age, as well as
meteorological data. In appendix C of its submittal, Ohio has included
a detailed narrative of ODOT, AMATS, and NOACA's methods.
For its point, nonpoint, and nonroad emissions inventories, Ohio's
primary data sources were the EPA's 2017gb emissions modeling platform
based on the 2017 National Emissions Inventory (NEI)--Version 2
dataset, and the EPA's 2022v1 emissions modeling platform, based on the
2020 NEI. The 2017 NEI includes emissions data only for the year 2017,
and the 2022v1 modeling platform includes emissions data for the years
2026, 2032, and 2038. The 2022v1 modeling platform and 2017 NEI have
been quality-assured, and documentation regarding these datasets and
their methods is available on the EPA's website.\4\
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\4\ <a href="https://www.epa.gov/sites/default/files/2021-02/documents/nei2017_tsd_full_jan2021.pdf">https://www.epa.gov/sites/default/files/2021-02/documents/nei2017_tsd_full_jan2021.pdf</a> and <a href="https://www.epa.gov/air-emissions-modeling/2022v1-emissions-modeling-platform-technical-support-document">https://www.epa.gov/air-emissions-modeling/2022v1-emissions-modeling-platform-technical-support-document</a>.
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For the 2017 inventories, Ohio EPA used the 2017gb emissions
modeling platform \5\ as the basis of its point, nonpoint, and nonroad
inventories and these emissions are presented in terms of monthly or
annual emissions.
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\5\ EPA, Technical Support Document (TSD): Preparation of
Emission Inventories for the 2017 North American Emissions Modeling
Platform, February 2022, <a href="https://www.epa.gov/system/files/documents/2022-03/2017_emismod_tsd_february2022_0.pdf">https://www.epa.gov/system/files/documents/2022-03/2017_emismod_tsd_february2022_0.pdf</a>.
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To derive point inventories for 2025, Ohio EPA relied on 2023
actual point emissions to represent 2025 since at the time of the
request, actual point emissions for 2024 and 2025 were not available.
Ohio EPA determined that 2023 actual point source emissions would be a
conservative estimate for 2025 actual point source emissions. Ohio EPA
performed a review and did not find any new sources in the area and
also reviewed to ensure any shutdown sources were removed. The 2023
actual point source inventory is submitted to the EPA's Emissions
Inventory System (EIS). In appendix B of its submittal, Ohio has
included a detailed listing of the facilities used to create the point
source inventory for 2025. To derive nonpoint and nonroad inventories
for 2025, Ohio EPA based 2025 emissions on 2026 projected emissions
from the 2022v1 emissions modeling platform.
Ohio EPA summed the annual totals of NO<INF>X</INF> and VOC
emissions for each county and each source category in tons per ozone
season day (TPOSD) using conversion factors derived from the EPA's
2017gb emissions modeling platform. The derived ozone season day
emissions include weekend days. Ohio EPA determined that this is
appropriate because ozone values measured on weekend days have a
significant impact on the monitor design values in the Cleveland area.
Monitoring data from 2017 through 2022 show the Cleveland nonattainment
area had between 5 and 7 days with one or more monitors recording
values over the 2015 ozone standard each year, with up to 3 of those
days in a year falling on a weekend. In addition, for each year from
2017 to 2022, between 5 and 18 of the 1st through 4th high values that
contributed to the design value for a monitor occurred on a weekend
day. As such, Ohio EPA determined that it was appropriate to include
weekend emissions in the calculation of ozone season day emissions.
Ohio EPA derived ozone season day emissions in TPOSD emissions by
dividing July emissions by the number of days in July where only
monthly data was available. Where only annual data were available, Ohio
EPA applied a conversion factor to annual emissions. Conversion factors
were derived as a ratio of the 2017 average July day emissions to 2017
annual emissions, and then dividing by 31 to represent the number of
days in July. Ohio EPA selected July as representative of the standard
ozone season month as it is typically the warmest month and had the
highest monthly emissions as a result of an analysis showing that July
had the most days with high ozone values in recent years.
Using the inventories described above for all categories of
sources, Ohio's submittal documents changes in NO<INF>X</INF> and VOC
emissions from 2017 to 2025 for the Cleveland area. Emissions data are
shown in Table 2. Data are expressed in terms of tons per ozone season
day.
Table 2--NOX and VOC Emissions in the Cleveland Area for the 2017 Nonattainment Year and 2025 Attainment Year
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
NOX VOC
-----------------------------------------------------------------------------------
Net change Net change
2017 2025 (2017-2025) 2017 2025 (2017-2025)
----------------------------------------------------------------------------------------------------------------
Point....................... 14.38 8.82 -5.56 7.91 6.10 -1.81
Nonpoint.................... 16.49 17.18 0.69 116.60 95.78 -20.82
Onroad...................... 51.91 12.16 -30.75 31.69 17.72 -13.97
Nonroad..................... 25.29 15.46 -9.83 33.81 22.34 -11.47
-----------------------------------------------------------------------------------
Total................... 108.07 62.62 -45.45 190.01 141.94 -48.07
----------------------------------------------------------------------------------------------------------------
As shown in Table 2, Ohio's inventories demonstrate that
NO<INF>X</INF> and VOC emissions in the Cleveland area declined by
45.45 tons per ozone season day and 48.07 tons per ozone season day,
respectively, between 2017 and 2025.
3. Meteorology and temporary adverse economic conditions.
To further support Ohio EPA's demonstration that the improvement in
air quality is due to permanent and enforceable emission reductions,
and not unusually favorable meteorology or temporary adverse economic
conditions, the demonstration includes two analyses performed by the
Lake Michigan Air Directors Consortium (LADCO).
The first LADCO analysis compared trends in ozone to trends in
ozone season temperatures, examining the relationship between these two
factors. LADCO utilized two different metrics of ozone, the annual
fourth-high daily maximum eight-hour average (MDA8) ozone value, and
the number of days in a year with MDA8 ozone greater than 70 parts per
billion (ppb) for the years 2005 to 2025. The ozone values were
compared with two measures of ``hotness'' of an ozone season: (1)
average May to September temperatures and (2) the number of days with a
temperature exceeding 80 [deg]F.
[[Page 18364]]
LADCO conducted a meteorological analysis based on 22 years of data
collected at the Cleveland-Hopkins International Airport, WBAN 14820
meteorological station, representative of the area conditions and used
for New Source Review and Prevention of Significant Deterioration air
quality permit modeling applications. LADCO analyzed ozone values for
May, June, July, August, and September, for years 2005 to 2025. First,
the annual fourth high MDA8 ozone concentration at the Eastlake Monitor
(Site ID: 39-085-0003) was compared to the average May to September
temperature at the airport. Second, LADCO examined the relationship
between the number of days with temperatures over 80 [deg]F and the
number of days with MDA8 ozone above 70 ppb. The data with the ozone
parameters was plotted against the temperature parameters and grouped
into 7-year time periods. These analyses show that over the last 22
years, the amount of ozone production for a given level of ``hotness''
has decreased in each subsequent time period. In contrast, temperatures
have increased, with the area showing an overall warming trend. Because
the correlation between temperature and ozone formation is well
established, these data suggest that reductions in precursors are
responsible for the reductions in ozone concentrations in the area, and
not unusually favorable summer temperatures.
To further support Ohio EPA's demonstration that the improvement in
air quality is not due to unusually favorable meteorology, a second
analysis was performed by LADCO. A classification and regression tree
(CART) analysis was conducted with 2001 through 2023 data from
Cleveland area ozone sites. The goal of the analysis was to determine
the meteorological and air quality conditions associated with ozone
episodes, and construct trends for the days identified as sharing
similar meteorological conditions. Regression trees were developed for
the Cleveland area ozone data to classify each summer day by its ozone
concentration and associated meteorological conditions. By grouping
days with similar meteorology, the influence of meteorological
variability on the underlying trend in ozone concentrations is
partially removed and the remaining trend is presumed to be due to
trends in precursor emissions or other non-meteorological influences.
The CART analysis showed the resulting trends in ozone concentrations
declining over the period examined, supporting the conclusion that the
improvement in air quality was not due to unusually favorable
meteorology. In appendix D of its submittal, Ohio included a detailed
report of LADCO's analysis.
To determine attainment was not due to adverse economic conditions,
the EPA analyzed Ohio employment status data taken from the U.S. Census
Bureau's American Community Survey from 2015 through 2023, noting an
overall increasing trend in employment rates in the Cleveland area.\6\
Additionally, the gross domestic product (GDP) of the Cleveland
metropolitan statistical area from 2013-2023 shows an increasing
trend.\7\ Despite increases employment and GDP, ozone concentrations in
the Cleveland area show a decreasing trend, leading to attainment of
the 2015 ozone NAAQS and indicating attainment of the 2015 standard was
not due to temporary adverse economic conditions.
---------------------------------------------------------------------------
\6\ U.S. Census Bureau. ``EMPLOYMENT STATUS.'' American
Community Survey, Table S2301.
\7\ U.S. Bureau of Economic Analysis, Total Gross Domestic
Product for Cleveland-Elyria, OH (MSA) [NGMP17460], retrieved from
FRED, Federal Reserve Bank of St. Louis; <a href="https://fred.stlouisfed.org/series/NGMP17460">https://fred.stlouisfed.org/series/NGMP17460</a>, November 25, 2025.
---------------------------------------------------------------------------
As discussed above, Ohio identified numerous Federal rules that
resulted in the reduction of VOC and NO<INF>X</INF> emissions from 2017
to 2025. In addition, Ohio's analyses of meteorological variables
associated with ozone formation demonstrate that the improvement in air
quality in the area between the year violations occurred and the year
attainment was achieved is not due to unusually favorable meteorology.
The EPA reviewed employment and GDP data for the Cleveland area to
verify that emissions reductions were not due to temporary adverse
economic conditions but rather were consistent with a longer-term trend
of decreasing ozone concentrations. Therefore, the EPA proposes to find
that Ohio has shown that the air quality improvements in the Cleveland
area are due to permanent and enforceable emissions reductions.
D. Does Ohio have a fully approvable ozone maintenance plan for the
Cleveland area?
To redesignate an area from nonattainment to attainment, section
107(d)(3)(E)(iv) of the CAA requires the EPA to determine that the area
has a fully approved maintenance plan pursuant to section 175A of the
CAA. Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the maintenance plan must demonstrate continued
attainment of the NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan which
demonstrates that attainment of the NAAQS will continue for an
additional 10 years beyond the initial 10-year maintenance period. To
address the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures, as the EPA deems necessary, to
assure prompt correction of the future NAAQS violation.
The Calcagni Memorandum provides further guidance on the content of
a maintenance plan, explaining that a maintenance plan should address
five elements: (1) an attainment emission inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan. In conjunction with its request to redesignate the
Cleveland area to attainment for the 2015 ozone NAAQS, Ohio submitted a
SIP revision to provide for maintenance of the 2015 ozone NAAQS through
2038, more than 10 years after the expected effective date of the
redesignation to attainment. As discussed below, the EPA proposes to
find that Ohio's ozone maintenance plan includes the necessary
components and to approve the maintenance plan as a revision of the
Ohio SIP.
1. Attainment Inventory
In the CDD, the EPA proposed to determine that the Cleveland area
has attained the 2015 ozone NAAQS based on monitoring data for the
period of 2023-2025. See 91 FR 9771 (February 27, 2026). Ohio selected
2025 as the attainment emissions inventory year to establish attainment
emission levels for VOC and NO<INF>X</INF>. The attainment emissions
inventory identifies the levels of emissions in the Cleveland area that
are sufficient to attain the 2015 ozone NAAQS. The derivation of the
attainment year emissions is discussed above in section IV.C.2. of this
proposed rule. The emissions for the 2025 attainment year, by source
category, are summarized in Table 2 above.
2. Has the State demonstrated maintenance of the ozone standard in the
Cleveland area?
Ohio has demonstrated maintenance of the 2015 ozone NAAQS through
2038 by projecting that current and future emissions of VOC and
NO<INF>X</INF> for the
[[Page 18365]]
Cleveland 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 through 53100 (October 19,
2001), 68 FR 25413, 25430-25432 (May 12, 2003).
Ohio is using emissions inventories for the years 2032 and 2038 to
demonstrate maintenance. The year 2038 was selected because it is more
than 10 years after the expected effective date of the redesignation to
attainment, and 2032 was selected to demonstrate that emissions are not
expected to spike in the interim between the 2025 attainment year and
the 2038 final maintenance year.
To develop emissions inventories for the years 2032 and 2038, Ohio
used the same data sources discussed above in section IV.C.2. of this
proposed rule.
For its onroad emissions inventory, Ohio again relied upon the
ODOT, AMATS, and NOACA's analysis, which used the EPA's MOVES5 model to
generate July weekday onroad emissions for 2032 and 2038. This
interagency analysis relied on local travel inputs including
demographic data, travel demand forecasting, road types, VMT, Vehicle
Hours of Travel, vehicle population, and vehicle age, as well as
meteorological data. In appendix C of its submittal, Ohio has included
a detailed narrative of ODOT, AMATS, and NOACA's methods.
For its point, nonpoint, and nonroad emissions inventories, Ohio
again used the EPA's 2022v1 emissions modeling platform for the 2025
attainment year, and the 2032 and 2038 projected inventories. Both the
2032 and 2038 emissions data for the area were derived from the EPA-
projected 2032 and 2038 emissions from the 2022v1 modeling platform,
version 2032hc and 2038hc respectively, without modification. For both
the 2032 and 2038 inventories, to convert annual emissions totals into
a value of tons per ozone season day, Ohio EPA calculated conversion
factors using the same methodology described in section IV.C.2. of this
proposed rule.
Emissions data for the 2017 nonattainment year, 2025 attainment
year, 2032 interim year, and 2038 maintenance year are shown in Tables
3 and 4 below. Data are expressed in terms of tons per ozone season
day.
Table 3--NOX Emissions in the Cleveland Area for the 2017 Nonattainment Year, 2025 Attainment Year, 2032 Interim
Year, and 2038 Maintenance Year
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
Net change
2017 2025 2032 2038 (2025-2038)
----------------------------------------------------------------------------------------------------------------
Point........................... 14.38 8.82 10.51 9.91 +1.09
Nonpoint........................ 16.49 17.18 16.47 16.75 -0.43
Onroad.......................... 51.91 21.16 11.44 6.71 -14.45
Nonroad......................... 25.29 15.46 14.29 14.62 -0.84
-------------------------------------------------------------------------------
Total....................... 108.07 62.62 52.17 47.99 -14.63
----------------------------------------------------------------------------------------------------------------
Table 4--VOC Emissions in the Cleveland Area for the 2017 Nonattainment Year, 2025 Attainment Year, 2032 Interim
Year, and 2038 Maintenance Year
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
Net change
2017 2025 2032 2038 (2025-2038)
----------------------------------------------------------------------------------------------------------------
Point........................... 7.91 6.10 6.74 6.90 +0.80
Nonpoint........................ 116.60 95.78 92.21 91.15 -4.63
Onroad.......................... 31.69 17.72 12.17 8.35 -9.37
Nonroad......................... 33.81 22.34 22.29 22.37 +0.03
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Total....................... 190.01 141.94 133.41 128.77 -13.17
----------------------------------------------------------------------------------------------------------------
As shown in Tables 3 and 4, NO<INF>X</INF> and VOC emissions in the
Cleveland area are projected to decrease by 14.63 tons per ozone season
day and 13.17 tons per ozone season day, respectively, between the 2025
attainment year and 2038 maintenance year. Ohio's maintenance
demonstration for the Cleveland area shows maintenance of the 2015
ozone NAAQS by providing emissions information to support the
demonstration that future emissions of NO<INF>X</INF> and VOC will
remain at or below 2025 emission levels when considering both future
source growth and implementation of future controls.
3. Continued Air Quality Monitoring
Ohio has committed to continue to operate its ozone monitors in the
Cleveland area for the duration of the maintenance period. Ohio remains
obligated to meet monitoring requirements, to continue to quality
assure monitoring data in accordance with 40 CFR part 58, and to enter
all data into the AQS in accordance with Federal guidelines.
4. Verification of Continued Attainment
Ohio has confirmed that it has the legal authority to enforce and
implement the requirements of its SIP. Ohio has further committed that
it has the authority to implement the requested SIP revision, which
would include the maintenance plan for the Cleveland area. This
includes the authority to adopt, implement, and enforce any subsequent
emission control measures determined to be necessary to correct future
ozone attainment problems.
Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
update of the area's emissions inventory. Ohio will continue to operate
the ozone monitors located in the Cleveland area. There are no plans to
discontinue operation, relocate, or otherwise change the existing ozone
monitoring network other than through
[[Page 18366]]
revisions in the network approved by the EPA.
In addition, to track future levels of emissions, Ohio will
continue to develop and submit to the EPA updated emission inventories
for all source categories at least once every three years, consistent
with the requirements of 40 CFR part 51, subpart A, and in 40 CFR
51.122. The Consolidated Emissions Reporting Rule (CERR) was
promulgated by the EPA on June 10, 2002 (67 FR 39602). The CERR was
replaced by the Annual Emissions Reporting Requirements on December 17,
2008 (73 FR 76539). The most recent triennial inventory for Ohio was
compiled for 2020, and 2023 is in progress. Point source facilities
covered by Ohio's emission statement rule, Ohio Administrative Code
Chapter 3745-24, will continue to submit VOC and NO<INF>X</INF>
emissions on an annual basis.
5. What is the contingency plan for the Cleveland area?
Section 175A of the CAA requires that the State adopt a maintenance
plan as a SIP revision that includes such contingency measures as the
EPA deems necessary to assure that the State will promptly correct a
violation of the NAAQS that occurs after redesignation of the area to
attainment of the NAAQS. The maintenance plan must identify: the
contingency measures to be considered and, if needed for maintenance,
adopted and implemented; a schedule and procedure for adoption and
implementation; and a time limit for action by the State. The State
should also identify specific indicators to be used to determine when
the contingency measures need to be considered, adopted, and
implemented. The maintenance plan must include a commitment that the
State will implement all measures with respect to the control of the
pollutant that were contained in the SIP before redesignation of the
area to attainment in accordance with section 175A(d) of the CAA.
As required by section 175A of the CAA, Ohio has adopted a
contingency plan for the Cleveland area to address possible future
ozone air quality problems. The contingency plan adopted by Cleveland
has two levels of response, a warning level response and an action
level response.
In Ohio's plan, a warning level response will be triggered when an
annual fourth-highest monitored value of 0.074 ppm or higher is
monitored within the maintenance area. A warning level response will
require Ohio to conduct a study. The study would assess whether the
ozone value indicates a trend toward a higher ozone value and whether
emissions appear to be increasing. The study will evaluate whether the
trend, if any, is likely to continue and, if so, the control measures
necessary to reverse the trend, taking into account ease and timing of
implementation, as well as economic and social considerations. Any
implementation of necessary controls in response to a warning level
response trigger will occur within 12 months of the conclusion of the
most recent ozone season. Additionally, the warning level study will
assess whether ozone values were recorded as a result of a wildfire or
other event that would qualify for data exclusion under the EPA's
exceptional events rule, and the appropriate action level response
control measures to follow.
In Ohio's plan, an action level response would be triggered when
the fourth-highest monitored value, averaged over two years of 0.071
ppm or higher is monitored within the maintenance area. The action
level response will also be triggered by a violation of the NAAQS (a
three-year average fourth high value exceeding 0.071 ppm). When an
action level response is triggered and not found to be due to an
exceptional event, malfunction, or noncompliance with a permit
condition or rule requirement, Ohio in conjunction with the
metropolitan organization or regional council of governments, will
determine what additional control measures are needed to assure future
attainment of the 2015 ozone NAAQS. Control measures selected will be
adopted and implemented within 18 months from the close of the ozone
season that prompted the action level. As part of this response
strategy, Ohio may also consider whether 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's plan has a prescriptive process for determining if an action
level response was due to an exceptional event. The purpose of this
process is to differentiate between exceedances that are not within the
State's control (i.e., exceedances that occur despite the
implementation of reasonable measures), and exceedances that are within
the State's control and should be included in the trigger calculation.
It is important to note that, should Ohio EPA exclude an exceedance
from the contingency trigger calculation using this process, it would
not constitute the EPA's concurrence under 40 CFR 50.14 that the
exceedance was caused by an exceptional event. The exceedance will
therefore continue to be included in design value calculations for the
area unless Ohio EPA, following opportunity for public comment, submits
a request for the EPA to concur on the exceedance as an exceptional
event pursuant to 40 CFR 50.14, and the EPA reviews the submittal and
formally concurs.
Under this process, following a contingency triggering event, Ohio
EPA will review impacted monitoring data to determine if exceptional
events occurred, transmit an initial notification to the EPA, prepare a
report of any exceptional events, and provide that report to the
EPA.\8\ Within 5 months of the conclusion of the ozone season, Ohio
will complete and submit to the EPA a list of exceedances that occurred
during that previous ozone season, and Ohio will designate proposed
days as potential exceptional event exceedances, flag the relevant
data, and provide initial event description in AQS.
---------------------------------------------------------------------------
\8\ The submitted report of additional information and analysis
may include, but is not limited to, the following: ozone and ozone
precursor concentration data from nearby monitoring sites, surface
and upper air meteorology analyses, analysis of satellite imagery,
Hazard Mapping System (HMS) smoke layer maps, HYSPLIT forward and
back trajectory analyses, analysis of UW's GAM statistical modeling
results, analysis of meteorology-adjusted ozone trends data, any
other event-specific analyses necessary to determine the cause(s) of
the monitored ozone concentrations.
---------------------------------------------------------------------------
Following submittal of the ozone season reports, the EPA will
review the submitted information and notify Ohio if the submitted
information is insufficient to support exclusion from the contingency
plan trigger calculations, in which case Ohio will begin implementation
of potential contingency measures described below. Ohio has the
opportunity to provide additional information to the EPA. If the EPA
finds this additional information is sufficient to support the
conclusion that the exceedance meets the criteria for exclusion from
the contingency plan trigger calculation, the EPA will notify Ohio that
the trigger calculation will be adjusted. If the resulting value is
less than 0.071 ppm, implementation of the contingency plan can be
halted unless triggered in a subsequent ozone season.
The EPA proposes to find the contingency provisions of the
Cleveland area clearly identify specific contingency measures, contain
triggering mechanisms to determine when contingency measures are
needed, contain description of the process recommending and
implementing contingency measures, and contain specific and appropriate
timelines for action. The EPA also proposes to find
[[Page 18367]]
that the contingency trigger screening process, including the
associated the EPA review, is reasonably designed to distinguish
between exceedances that are the type that have been deemed exceptional
events in the past and exceedance for which new tightened control
measures might be effective. The EPA's assessment indicates that the
screening process is an appropriate element of the contingency plan for
the Cleveland area due to the possibility of exceedances related to
wildfire smoke events impacting this area. Thus, the EPA proposes to
conclude that the contingency plan in the Cleveland redesignation
request is adequate to ensure prompt correction of any violation of the
2015 ozone NAAQS that occurs after redesignation, as required by
section 175A(d) of the CAA.
Ohio included the following list of potential contingency measures
in its maintenance plan. Ohio may choose measures beyond those on this:
1. Tighten VOC or NO<INF>X</INF> RACT rules for existing sources
covered by Control Technique Guidelines issued after the 1990 CAA;
2. Application of VOC RACT on existing, smaller sources;
3. Alternative fuel and diesel retrofit programs for fleet vehicle
operations;
4. VOC or NO<INF>X</INF> control on new minor sources emitting less
than 100 tons per year;
5. Increased ratio of emission offsets for new sources;
6. VOC or NO<INF>X</INF> emission offsets for new and modified
major sources;
7. Adoption of additional NO<INF>X</INF> RACT for existing
combustion sources;
8. Trip reduction programs;
9. Traffic flow and transit improvements; and
10. New or innovative transportation measures that local
governments deem appropriate that are not yet widely implemented.
To qualify as a contingency measure, emissions reductions from that
measure must not be factored into the emissions projections used in the
maintenance plan. Ohio EPA also included a list of potential VOC and
NO<INF>X</INF> sources subject to further future control under VOC RACT
and NO<INF>X</INF> RACT. Control measures are subject to necessary
administrative and legal processes such as publication of notices,
public comment period, and other measures as required by Ohio law for
rulemaking.
The EPA has concluded that Ohio's maintenance plan adequately
addresses the five basic components of a maintenance plan: attainment
inventory, maintenance demonstration, monitoring network, verification
of continued attainment, and a contingency plan. In addition, as
required by section 175A(b) of the CAA, Ohio has committed to submit to
the EPA an updated ozone maintenance plan eight years after
redesignation of the Cleveland area to cover an additional ten years
beyond the initial 10-year maintenance period. Thus, the EPA finds that
the maintenance plan SIP revision submitted by Ohio for the Cleveland
area meets the requirements of section 175A of the CAA, and the EPA
proposes to approve it as a revision to the Ohio SIP.
V. Has the State adopted approvable motor vehicle emission budgets?
A. Motor Vehicle Emission Budgets
Under section 176(c) of the CAA, new transportation plans,
programs, or projects that receive Federal funding or support, such as
the construction of new highways, must ``conform'' to (i.e., be
consistent with) the SIP. Conformity to the SIP means that
transportation activities will not cause or contribute to any new air
quality violations, increase the frequency or severity of any existing
air quality problems, or delay timely attainment or any required
interim emissions reductions or any other milestones. Regulations at 40
CFR part 93 set forth the EPA policy, criteria, and procedures for
demonstrating and ensuring conformity of transportation activities to a
SIP. Transportation conformity is a requirement for nonattainment and
maintenance areas.
Under the CAA, States are required to submit, at various times,
control strategy SIPs for nonattainment areas and maintenance plans for
areas seeking redesignations to attainment of the ozone standard and
maintenance areas. See the SIP requirements for the 2015 ozone standard
in the EPA's December 6, 2018 (83 FR 62998), implementation rule. These
control strategy SIPs (including RFP and attainment plans) and
maintenance plans must include motor vehicle emissions budgets for
criteria pollutants, including ozone, and their precursor pollutants
(VOC and NO<INF>X</INF>) to address pollution from onroad
transportation sources. The budgets are the portion of the total
allowable emissions that are allocated to highway and transit vehicle
use that, together with emissions from other sources in the area, will
provide for attainment or maintenance. See 40 CFR 93.101.
Under 40 CFR part 93, a budget for an area seeking a redesignation
to attainment must be established, at a minimum, for the last year of
the maintenance plan. A State may adopt budgets for other years as
well. The budget serves as a ceiling on emissions from an area's
planned transportation system. The budget concept is further explained
in the preamble to the November 24, 1993 (58 FR 62188), Transportation
Conformity Rule. The preamble also describes how to establish the
budget(s) in the SIP and how to revise the budget(s), if needed, after
initially establishing a budget in the SIP.
As discussed earlier, Ohio's maintenance plan includes
NO<INF>X</INF> and VOC budgets for the Cleveland area for 2032, which
is an interim year, as well as 2038, which is the last year of the
maintenance period. The EPA has reviewed Ohio's NO<INF>X</INF> and VOC
budgets for the area and, in this action, is proposing to approve
them.\9\ We are also starting the adequacy review process for these
budgets to determine if they meet the adequacy criteria in the
transportation conformity regulations (40 CFR 93.118(e)(4)). Ohio's
December 8, 2025, maintenance plan submission, including the budgets
for this area, is available for public comment via this proposed
rulemaking. The submission was endorsed by the Governor's designee and
Ohio provided opportunity for a public hearing. The budgets were
developed as part of an interagency consultation process which includes
Federal, State, and local agencies. The budgets were clearly identified
and precisely quantified. These budgets, when considered together with
all other emissions sources, are consistent with maintenance of the
2015 ozone NAAQS.
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\9\ See 40 CFR 93.118(f)(2) for requirements associated with
making adequacy findings through rulemaking on a submitted SIP.
[[Page 18368]]
Table 5--Motor Vehicle Emissions Budgets for the Cleveland Area for the 2032 Interim Year and 2038 Maintenance Year
[Tons per ozone season day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2032 Interim year 2038 Maintenance year
-----------------------------------------------------------------------------------------------
Projected Projected
onroad Safety margin Total budget onroad Safety margin Total budget
emissions allocation emissions allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX..................................................... 11.44 1.72 13.16 6.71 1.01 7.72
VOCs.................................................... 12.60 1.89 14.49 8.63 1.29 9.92
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 5, the 2032 and 2038 budgets exceed the estimated
2032 and 2038 onroad sector emissions. To accommodate future variations
in VMT in the area, Ohio EPA allocated to the mobile sector a portion
of the safety margin, as described further below.\10\ Ohio has
demonstrated that the Cleveland area can maintain the 2015 ozone NAAQS
in the 2038 maintenance year with mobile source emissions of 7.72 tons
per ozone season day of NO<INF>X</INF> and 9.92 tons per ozone season
day of VOCs. Similarly, the Cleveland area can maintain the 2015 ozone
NAAQS in the 2032 interim year with mobile source emissions of 13.16
tons per ozone season day of NO<INF>X</INF> and 14.49 tons per ozone
season day of VOCs. Despite partial allocation of the safety margin,
emissions will remain under emission levels in the 2025 attainment
year.
---------------------------------------------------------------------------
\10\ Allocation of a safety margin to an area's motor vehicle
emissions budgets is provided for by the transportation conformity
rule. See 40 CFR 93.124(a).
---------------------------------------------------------------------------
The EPA is initiating the adequacy process and proposing to approve
the budgets for use to determine transportation conformity in the
Cleveland area, because the EPA has determined that the area can
maintain attainment of the 2015 ozone NAAQS for the relevant
maintenance period with mobile source emissions at the levels of the
budgets.
B. What is a safety margin?
A ``safety margin'' is the amount by which the total projected
emissions from all sources of a given pollutant are less than the total
emissions that would satisfy the applicable requirement for
maintenance. 40 CFR 93.101. As noted in Tables 3 and 4, the emissions
in the Cleveland area are projected to have safety margins of 14.63
tons per ozone season day for NO<INF>X</INF> and 13.17 tons per ozone
season day for VOC in 2038 (the difference between emissions in the
2025 attainment year, and projected emissions in the 2038 maintenance
year, for all sources in the Cleveland area). Similarly, there is a
safety margin of 10.45 tons per ozone season day for NO<INF>X</INF> and
8.53 tons per ozone season day for VOC in 2032. Even if emissions
exceeded projected levels by the full amount of the safety margin, the
counties would still demonstrate maintenance since emission levels
would equal those in the attainment year.
As shown in Table 5 above, Ohio is allocating a portion of that
safety margin to the mobile source sector. Specifically, in 2032, Ohio
is allocating 1.72 tons per ozone season day and 1.39 tons per ozone
season day of the NO<INF>X</INF> and VOC safety margins, respectively.
In 2038, Ohio is allocating 1.01 tons per ozone season day and 1.29
tons per ozone season day of the NO<INF>X</INF> and VOC safety margins,
respectively. Ohio is not requesting allocation to the budgets of the
entire available safety margins reflected in the demonstration of
maintenance. In fact, the amount allocated to the budgets represents
only a portion of the 2032 and 2038 safety margins. Therefore, even
though the State is requesting budgets that exceed the projected onroad
mobile source emissions for 2032 and 2038 contained in the
demonstration of maintenance, the increase in onroad mobile source
emissions that can be considered for transportation conformity purposes
is within the safety margins of the ozone maintenance demonstration.
Further, once allocated to mobile sources, these safety margins will
not be available for use by other sources.
VI. Adjustment of SIP Submittal Deadlines
A. Sixth Circuit Court of Appeals decision in Sierra Club v. EPA
As discussed in III., section 107(d)(3)(E) of the CAA contains the
criteria for redesignation. CAA section 107(d)(3)(E)(v) specifically
requires that ``the State containing such area has met all requirements
applicable to the area under section [110] of this title and part D of
this subchapter.'' The EPA's interpretation of that provision since
passage of the 1990 CAA Amendments has been that requirements with
submission deadlines occurring after the State's submission of its
redesignation request are not ``applicable'' under CAA section
107(d)(3)(E)(v) for purposes of evaluating the approvability of the
redesignation.
On May 19, 2023, the EPA redesignated the Detroit area to
attainment of the 2015 ozone NAAQS. The EPA relied on its longstanding
interpretation of the CAA section 107(d)(3)(E)(v) in finding that
Michigan had satisfied that requirement, because the State had met all
applicable requirements that were due as of the time of the State's
submission requesting redesignation. The EPA's redesignation of the
Detroit ozone nonattainment area was challenged, partially based on the
argument that the CAA required Michigan to have met all applicable
requirements due as of the time the EPA issued the final redesignation,
rather than the requirements due as of the time Michigan submitted its
redesignation application.
On December 5, 2025, the Sixth Circuit Court of Appeals vacated the
EPA's redesignation of the Detroit area. The Court held that Michigan
was required to have met all requirements due at the time of the EPA's
redesignation action, not just the requirements that had been due as of
the time of submittal of the redesignation request. See Sierra Club v.
EPA, 161 F.4th 934 (6th Cir. 2025).
B. Proposed Adjustment of Serious SIP Submittal Deadlines
As noted, the EPA's interpretation of CAA section 107(d)(3)(E)(v)
has informed State and Federal implementation of redesignations for
more than three decades. Preparation of a redesignation request
requires many months, and sometimes years, of State resources.
Technical information supporting the change in designation must be
assembled, including development of appropriate emission inventories
and/or modeling, an implementation plan providing for the area's
continued maintenance must be prepared, and the request itself must be
[[Page 18369]]
drafted and assembled. Ohio had already devoted considerable resources
towards preparing its request to redesignate the Cleveland
nonattainment area to attainment when the 6th Circuit issued its
decision. And, understandably, it had done so under the long-standing
pre-Sierra Club framework that had governed redesignations and the
expectations of what States were required to submit in order for areas
to have their redesignation requests granted. Therefore, the
redesignation request submitted to the EPA on December 8, 2025, did not
address Serious area SIP requirements, because the deadline for those
requirements was January 1, 2026, a date which fell after the
submission of the State's request.
The EPA is therefore taking these circumstances into account in
proposing to adjust the deadline for certain Serious area SIP
requirements for the Cleveland area. The Agency has previously made
similar adjustments to implementation deadlines in response to an
adverse court decision. See 79 FR 31566 (June 2, 2014). In that
instance, the EPA had for many years implemented particulate matter
standards under subpart 1 of the CAA, and the D.C. Circuit held that
the Agency had erred in doing so, and that the CAA required the
implementation of those standards to be governed by subpart 4 instead.
In response to that adverse decision, rather than find that States were
immediately in default of subpart 4 obligations, the EPA established
prospective, relatively expedited deadlines for States to comply with
any outstanding subpart 4 requirements. See 78 FR 69806, 69809 (Nov.
21, 2013) (proposing a SIP submission deadline of December 31, 2014 on
the basis that it ``provides a relatively brief but reasonable amount
of time for States to ascertain whether and to what extent any
additional submissions are needed for a [particulate matter]
nonattainment area, and to develop, adopt and submit any such SIPs'').
The D.C. Circuit found that the Agency acted within its authority in
establishing new deadlines ``in the novel circumstances of this case,
[where] all affected parties have been long acting on the mistaken
assumption that a different framework . . . controls.'' Wildearth
Guardians v. EPA, 830 F.3d 529, 539 (D.C. Cir. 2016).
In establishing new deadlines in the PM<INF>2.5</INF> rule at issue
in Wildearth Guardians, the EPA relied upon its general rulemaking
authority under CAA section 301(a), which authorizes the Administrator
to promulgate such regulations as are necessary to carry out his
functions under the CAA. The Court held that the rule represented ``a
reasonable exercise of the EPA's gap-filling authority'' in that it
retained the CAA's attainment deadline for the areas, ``even though
that date was fast approaching by the time of the Rule's
promulgation,'' and ``[m]oreover, the agency's plan submission deadline
. . . was less than two years after the NRDC decision [requiring
implementation of the PM<INF>2.5</INF> NAAQS under subpart 4] and some
six months after the [final publication of] the Rule.'' Id. at 541. The
Court noted that the ``short timeframe suggests a reasonable effort to
expedite compliance with the Subpart 4 framework without imposing
unfair obligations on states.'' Id.
Here, the EPA is proposing to alter deadlines for reasons similar
to the EPA's action establishing new deadlines for PM<INF>2.5</INF>
SIPs. Additionally, the EPA has specific authority over reclassified
ozone nonattainment areas under CAA section 182(i) to ``adjust any
applicable deadlines (other than attainment dates) to the extent such
adjustment is necessary or appropriate to assure consistency among the
required submissions.'' The January 1, 2026, Serious area SIP
submission deadline applicable to the Cleveland area was established by
rule at 40 CFR 51.1402(b)(1)(i).\11\ As noted in that regulatory
provision, the default deadline for reclassified areas applies ``unless
the Administrator establishes a different deadline in a separate
action.''
---------------------------------------------------------------------------
\11\ 40 CFR 51.1402(b)(1)(i) establishes the SIP revision
deadline for reclassified areas as 18 months after the effective
date of the relevant reclassification or January 1 of the attainment
year, whichever is earlier. In this case, January 1, 2026, was the
earlier date.
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The EPA is therefore proposing under its statutory and regulatory
authority to establish a different Serious SIP submission deadline for
the Cleveland area. This one-time adjustment of the Serious area SIP
submission deadline for the reclassified Cleveland ozone nonattainment
area) is necessary and appropriate to address Ohio's reasonable
expectations, based on the existing framework of CAA required
submissions since the passage of the 1990 CAA Amendments, that it had
prepared a complete and approvable redesignation request prior to the
Serious area SIP submittal deadline. This proposed adjustment will
allow the State to make any submissions it determines necessary. The
EPA proposes to adjust the deadline for Ohio to submit Serious SIP
revisions for the Cleveland area to no later than December 5, 2026, one
year after the Sixth Circuit's decision.
VII. Enhanced I/M
A. Requirements and Background
CAA section 182(c)(3) requires States with ozone nonattainment
areas classified as Serious to implement an Enhanced motor vehicle I/M
program. The goal of I/M programs is to identify and ensure repair of
high-emitting vehicles operating in nonattainment areas in order to
reduce emissions of ozone precursors and support attainment of the
NAAQS.\12\ The CAA generally requires I/M programs for areas across the
country that meet certain criteria such as air quality status,
population, and/or geographic location. The CAA also directed the EPA
to establish minimum performance standards for Enhanced I/M programs.
States have flexibility to design their own Basic and Enhanced I/M
programs if they can show that their program is as effective as the
model program used in the respective performance standard. The EPA's
requirements for Enhanced I/M programs are found in 40 CFR part 51,
subpart S.
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\12\ For more information, see Overview of Vehicle Inspection
and Maintenance (I/M) Programs (EPA-420-F-21-067, October 2021) at
<a href="https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1013CC0.pdf">https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1013CC0.pdf</a>.
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As a result of the Cleveland area's reclassification to Serious
effective January 16, 2025 (89 FR 101901), Ohio is required to
implement an Enhanced I/M program meeting requirements of CAA section
182(c)(3).
The EPA approved the Cleveland area's I/M program as contained in
``I/M Program Rules and Regulations'', Title 3745, Chapter 26 of the
Ohio Administrative Code (OAC 3745-26) as part of a state-wide I/M
program approval on April 4, 1995, 60 FR 16989, and approved revisions
to the program on January 6, 1997, 62 FR 646. OAC 3745-26-12 requires
that beginning January 1, 1996, the Ohio EPA Director implement and
supervise an Enhanced I/M program to comply with the CAA in the
necessary counties of each ozone nonattainment area across the State.
Ohio's I/M SIP identifies Cleveland-area counties designated for the
area's Enhanced I/M program known as ``E-Check''.
B. Ohio's I/M Program Components
Consistent with the I/M regulations at 40 CFR 51.351, a State with
an existing I/M program needs to conduct and submit a performance
standard modeling analysis as well as make any necessary program
revisions as part of their Serious area SIP submission to ensure their
I/M program operates at or above the Enhanced I/M performance
[[Page 18370]]
standard level for the 2015 ozone NAAQS. In addition to passenger
vehicles, the State must demonstrate that its Enhanced I/M program
includes inspection of on-board diagnostic (OBD) systems for all
subject OBD-equipped light-duty vehicles and light-duty trucks,
consistent with CAA section 182(c)(3)(C)(vii) and 40 CFR 51.373. In
addition, the State needs to demonstrate that it meets the Enhanced I/M
requirement to conduct supplemental onroad testing of at least 0.05% of
the subject vehicle population. The State must also demonstrate that it
meets the biennial performance evaluation reporting requirement for
Enhanced I/M programs. Lastly, the State must demonstrate that its
Enhanced I/M program waiver repair expenditures meet or exceed the
applicable Enhanced I/M minimum expenditure threshold established under
40 CFR 51.360.
The State may determine through the performance standard modeling
analysis that an existing SIP-approved program would meet the
applicable performance standard for purposes of the 2015 ozone NAAQS
without modification. In its December 19, 2025, submittal, Ohio EPA
certified that the existing SIP-approved I/M program at OAC 3745-26
meets the Enhanced I/M program requirements of CAA section 182(c)(3)
and 40 CFR part 51, subpart S for the Cleveland Serious nonattainment
area under the 2015 ozone NAAQS. Our review of Cleveland's Enhanced I/M
program demonstration will be discussed in the next section.
C. Evaluation of Ohio's I/M Certification
1. Enhanced I/M Performance Standard
Ohio continues to implement the SIP-approved Enhanced vehicle I/M
program in the Cleveland-Akron-Lorain nonattainment area. Ohio utilized
the EPA's October 2022 guidance, ``Performance Standard Modeling for
New and Existing Vehicle Inspection and Maintenance (I/M) Programs
Using the MOVES Mobile Source Emissions Model,'' to demonstrate that
their program operates at or above the Enhanced I/M performance
standard. Accordingly, because the Cleveland area is required to
implement an Enhanced I/M program for the 2015 ozone NAAQS as a result
of its reclassification to Serious effective January 16, 2025 (89 FR
101901, December 17, 2024), Ohio must demonstrate that its existing
SIP-approved program operates at or above the Enhanced I/M performance
standard specified in 40 CFR 51.351(i).
Ohio conducted an Enhanced I/M performance standard modeling (PSM)
analysis comparing emission rates produced by Ohio's existing I/M
program with those produced by the Federal model Enhanced I/M program
specified in 40 CFR 51.351(i). To meet the Enhanced I/M performance
standard, the emission rates produced by the actual I/M program must be
equal to or less than those of the Federal model program, within the
allowable compliance margin of 0.02 grams per mile (gpm) for VOC and
NO<INF>X</INF>.
The Cleveland area's Serious attainment date is August 3, 2027.
Ohio selected analysis year 2026 for its PSM analysis, which
corresponds to the ozone season immediately preceding the attainment
date and is consistent with the EPA's October 2022 PSM guidance. Ohio
conducted the modeling analysis using MOVES5.0.0, which was the most
current version of the EPA's mobile source emissions model available
when the analysis was initiated.
In consultation with the EPA, Ohio selected Lorain County and
Summit County as representative counties for the Cleveland-Akron-Lorain
nonattainment area. Lorain County represents the NOACA portion of the
area, which includes Cuyahoga, Geauga, Lake, Lorain, and Medina
Counties. Summit County represents the AMATS portion of the area, which
includes Portage and Summit Counties. This representative-county
approach is consistent with the EPA guidance.
Table 6--Enhanced I/M Performance Standard Comparison
[Analysis Year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Enhanced I/M VOC
Enhanced I/M VOC performance Does existing program meet
County Pollutant OH I/M program performance standard enhanced I/M performance
VOC emission rate standard benchmark plus standard?
benchmark allowable buffer
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lorain.............................. VOC.................... 0.2631 0.2624 0.2824 Yes.
NOX.................... 0.1103 0.1077 0.1277 Yes.
Summit.............................. VOC.................... 0.2169 0.2163 0.2363 Yes.
NOX.................... 0.0967 0.0943 0.1143 Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 6 summarizes the comparison between emission rates produced
by Ohio's existing Enhanced I/M program and the Federal model Enhanced
I/M performance standard benchmark for analysis year 2026. As shown in
Table 6, the emission rates produced by Ohio's Enhanced I/M program are
within the allowable 0.02 gpm compliance margin of the Federal model
Enhanced I/M performance standard benchmark for both VOC and
NO<INF>X</INF>. Therefore, Ohio's modeling results demonstrate that its
existing SIP-approved Enhanced I/M program operates at or above the
Enhanced I/M performance standard specified in 40 CFR 51.351(i) for the
2015 ozone NAAQS.
Based on our review of Ohio's modeling methodology, input
assumptions, and results, the EPA proposes to find that Ohio satisfies
the Enhanced I/M performance standard requirements of CAA section
182(c)(3) and 40 CFR part 51, subpart S for the Cleveland Serious ozone
nonattainment area under the 2015 ozone NAAQS.
2. Onroad Testing
One of the obligations of an Enhanced I/M program is to perform
supplemental onroad testing of in-use vehicles for a small percentage
of the area's fleet of motor vehicles. CAA section 182(c)(3)(B)(i)
directs the EPA to establish ``a performance standard achievable by a
program combining emission testing, including onroad emission testing.
. .'' Additionally, for Enhanced I/M areas, CAA section 182(c)(3)(C)(i)
requires States' Enhanced I/M programs to include ``onroad testing
devices'' as a necessary element. CAA requirements for onroad testing
devices are established at 40 CFR 51.531(b), which defines onroad
testing as ``. . . testing of vehicles for conditions impacting the
emission of HC, CO, NO<INF>X</INF>, and/or CO<INF>2</INF> emissions on
any road or roadside in the nonattainment area or the I/M program
area'' and that 0.5% of the subject fleet . . . or 20,000 vehicles,
[[Page 18371]]
whichever is less, per inspection cycle'' must be tested. In its
December 19, 2025, submittal, Ohio provided Ohio EPA contract
requirements demonstrating that Envirotest, the current inspection
contractor, is contractually required to conduct supplemental onroad
testing in the Cleveland area consistent with 40 CFR 51.351(b), which
requires testing of at least 0.5% of the subject fleet or 20,000
vehicles per inspection cycle, whichever is less. Ohio's submittal
provided the E-Check contract indicating that Envirotest currently
exceeds the 0.5% onroad testing minimum.
3. Biennial Performance Evaluation
CAA section 182(c)(3)(C) requires that all States subject to
Enhanced I/M must ``. . . biennially prepare a report to the
Administrator which assesses the emission reductions achieved by the
program required under this paragraph based on data collected during
inspection and repair of vehicles. The methods used to assess the
emission reductions shall be those established by the Administrator.''
Specific Enhanced I/M biennial program evaluation requirements are
established in 40 CFR 51.353. 40 CFR 51.353(c) requires a State to
quantify the emission reduction benefits of the program and to
determine if the program is meeting the CAA Enhanced I/M requirements
on a biennial basis. Further, 40 CFR 51.366(e) requires States to
report any changes made in program design, funding, personnel levels,
procedures, regulations, and legal authority, and to report any
identified weaknesses or problems in the program within the two-year
reporting period along with any corrective measures taken to resolve
those issues.
Ohio's December 19, 2025, submittal demonstrates that the State
meets the CAA requirements for biennial program evaluation in its
latest 2023-2024 Ohio E-Check Biennial Report.\13\ The biennial report
was conducted in accordance with the EPA's technical guidance
``Guidance on Biennial Performance Evaluation Requirements for Enhanced
Vehicle Inspection and Maintenance (I/M) Programs'', EPA-420-B-22-042,
December 2022.\14\ Ohio performed its biennial Enhanced I/M program
evaluation using the EPA's MOVES3 mobile source emissions model, which
is in accordance with the EPA's technical guidance. Ohio's 2023-2024
biennial program evaluation reported no changes to its program design,
funding, personnel levels, procedures, regulations, or legal authority
over the reporting time period. Ohio's 2023-2024 biennial program
evaluation reported no weaknesses or problems identified over the
reporting period. The EPA's review of Ohio's December 19, 2025,
submittal finds that Ohio meets the CAA biennial program evaluation
requirements for an Enhanced I/M program under the Serious 2015 ozone
NAAQS.
---------------------------------------------------------------------------
\13\ <a href="https://dam.assets.ohio.gov/image/upload/epa.ohio.gov/Portals/27/echeck/docs/2023-Biennial-Report_Final.pdf">https://dam.assets.ohio.gov/image/upload/epa.ohio.gov/Portals/27/echeck/docs/2023-Biennial-Report_Final.pdf</a>.
\14\ <a href="https://www.epa.gov/system/files/documents/2022-12/420b22042.pdf">https://www.epa.gov/system/files/documents/2022-12/420b22042.pdf</a>.
---------------------------------------------------------------------------
4. I/M Test Repair Waivers
40 CFR 51.360 requires States to provide for issuance of I/M test
waivers to motorists under certain criteria, provided that the motorist
has made repair expenditures that meet the cost thresholds outlined in
paragraphs (6) and (7) of the rule. Ohio's December 19, 2025, submittal
demonstrates that the State has the authority to issue I/M test waivers
to motorists that meet the required cost thresholds consistent with 40
CFR 51.360. Therefore, the EPA's review of Ohio's December 19, 2025,
submittal finds that Ohio meets the CAA requirements for Enhanced I/M
test repair waivers.
5. Enhanced I/M Program Demonstration Conclusion
Based on our review of Ohio's December 19, 2025, submission,
including the performance standard modeling demonstration, onroad
testing documentation, biennial evaluation report, and waiver
provisions, the EPA proposes to find that Ohio's current SIP-approved
Enhanced I/M program satisfies the requirements of CAA section
182(c)(3) and 40 CFR part 51, subpart S for the Cleveland Serious ozone
nonattainment area under the 2015 ozone NAAQS.
VIII. Clean Fuel Vehicle Program
CAA section 182(c)(4) requires States with ozone nonattainment
areas classified as Serious or higher to submit a SIP revision
describing implementation of a CFVP, as described in CAA title II part
C (40 CFR 88). CAA section 182(c)(4) included numerical standards for
the CFVP that were intended to encourage innovation and reduce
emissions for fleets of motor vehicles in certain nonattainment areas
as compared to conventionally fueled vehicles available at the time. As
originally adopted, those Clean Fuel Fleet standards were substantially
more stringent than the standards that applied to vehicles and engines
generally. Now that the EPA has begun implementing Tier 3 emission
standards in 40 CFR part 86, subpart S, the Clean Fuel Fleet standards
are either less stringent than or equivalent to the standards that
apply to vehicles and engines generally. On July 29, 2021 (86 FR
34308), the EPA published a final rule in which the EPA determined that
vehicles and engines certified to current emission standards under 40
CFR part 86 or 1036 are deemed to also meet the Clean Fuel Fleet
standards as Ultra Low-Emission Vehicles. Since vehicle emission
standards have only become more stringent since the EPA issued that
determination, the CAA section 182(c)(4) CFVP requirements remain
satisfied without the need for further action by the State. The
currently approved ozone SIP for the Cleveland area meets the Clean
Fuel Fleets requirement based on the EPA's June 29, 2021, rulemaking.
Ohio demonstrated that a CFVP does not need to be implemented in the
Cleveland area. The EPA agrees with Ohio and proposes to find that Ohio
meets the Clean Fuel Fleets requirement for Serious ozone areas.
IX. Enhanced Monitoring Program
Section 182(c)(1) of the CAA requires States with nonattainment
areas classified serious or higher adopt and implement a program to
improve air monitoring for ozone, NO<INF>X</INF>, and VOC. The EPA
initiated the Photochemical Assessment Monitoring Stations (PAMS)
program in February 1993 to meet this CAA requirement. The PAMS program
required the establishment of an enhanced monitoring network in all
ozone nonattainment areas classified as serious, severe, or extreme.
Since that time, the EPA concluded that requiring enhanced
monitoring for ozone nonattainment areas classified as moderate or
above is appropriate for the purposes of monitoring ambient air quality
and better understanding ozone pollution. In the EPA's revision to the
ozone standard on October 26, 2015, the EPA relied on the authority
provided in sections 103(c), 110(a)(2)(B), 114(a) and 301(a)(1) of the
CAA to expand the PAMS applicability to areas other than those that are
serious or above ozone nonattainment and substantially revise the PAMS
requirements in 40 CFR part 58 appendix D (80 FR 65292). Specifically,
this rule required States with moderate and above ozone nonattainment
areas to develop and implement an EMP. These plans should detail
enhanced ozone and ozone precursor monitoring activities to be
performed to better understand area-specific ozone issues.
To meet this requirement, Ohio submitted its Cleveland ozone EMP as
part of the 2024-2025 Ohio EPA Air
[[Page 18372]]
Monitoring Network Plan, which has been approved by the EPA. As stated
in their December 19, 2025, submittal, Ohio will continue to meet the
CAA 182(c)(1) EMP requirements by including the plan in subsequent
Ambient Air Monitoring Network Plans and to update the plan as
necessary. These network plans are subject to the EPA's review and
approval on an annual basis. Therefore, the EPA is proposing to approve
Ohio EPA's certification that the Cleveland area has satisfied the EMP
requirements of the CAA section 182(c)(1) for the 2015 ozone NAAQS.
X. What action is the EPA taking?
The EPA will not take final action to redesignate the Cleveland
area to attainment if the EPA fails to finalize the CDD or if the
design value of a monitoring site in the area violates the NAAQS prior
to final approval of the redesignation. The EPA is proposing to
determine that, with the EPA's approval of the CDD and Ohio's moderate
RACT submittals, the Cleveland area will have met the requirements for
redesignation under section 107(d)(3)(E) of the CAA. The EPA is thus
proposing to change the legal designation of the Cleveland area from
nonattainment to attainment for the 2015 ozone NAAQS in accordance with
Ohio EPA's December 8, 2025, request. The EPA is proposing to approve
the State's plan for maintaining the 2015 ozone NAAQS in the Cleveland
area through 2038 (such approval being one of the CAA criteria for
redesignation to attainment status). As part of the maintenance plan,
the EPA is initiating the adequacy process and proposing to approve the
newly established 2032 and 2038 motor vehicle emissions budgets for the
Cleveland area. The EPA is also proposing to adjust the deadline for
Ohio to submit Serious SIP revisions for the Cleveland area to no later
than December 5, 2026. Finally, pursuant to section 110 and part D of
the CAA, the EPA is proposing to approve the Enhanced I/M
certification, CFVP certification, and EMP certification SIP revisions
submitted by Ohio EPA on December 19, 2025, and supplemented on January
12, 2026.
XI. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by State law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to
approve State choices, provided that they meet the criteria of the CAA.
Accordingly, the proposed actions to approve Ohio's SIP submissions
merely approve State law as meeting Federal requirements and do not
impose additional requirements beyond those imposed by State law. For
these reasons, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rulemaking does not have Tribal implications and
will not impose substantial direct costs on Tribal governments or
preempt Tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 30, 2026.
Anne Vogel,
Regional Administrator, Region 5.
[FR Doc. 2026-06943 Filed 4-9-26; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.