Rule2026-09614
Air Plan Approval; Ohio; Clean Data Determination for the Cleveland, Ohio Area for the 2015 Ozone Standard
Primary source
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Published
May 14, 2026
Effective
May 14, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is determining under the Clean Air Act (CAA) that the Cleveland, Ohio nonattainment area (hereafter also referred to as "Cleveland area" or "area") has attained the 2015 ozone National Ambient Air Quality Standard (NAAQS or standard). This determination is based upon complete, quality-assured, and certified ambient air monitoring data for the 2023-2025 design period showing that the Cleveland area achieved attainment of the 2015 ozone NAAQS. This determination relies on an exceptional events request submitted by the Ohio Environmental Protection Agency (Ohio EPA) on December 8, 2025, and concurred on by the EPA on January 12, 2026. The EPA is taking final agency action on Ohio's exceptional events request and the EPA's concurrence. As a result of this determination, the EPA is suspending the requirements for the State to submit an attainment demonstration and associated Reasonable Available Control Measures (RACM), Reasonable Further Progress (RFP) plans, contingency measures for failure to attain or make reasonable progress, and other planning SIPs related to attainment of the 2015 ozone NAAQS, for as long as the area continues to attain the 2015 ozone NAAQS. The EPA proposed to approve this action on February 27, 2026.
Full Text
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<title>Federal Register, Volume 91 Issue 93 (Thursday, May 14, 2026)</title>
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[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Rules and Regulations]
[Pages 27211-27214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09614]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2026-0562; FRL-13213-02-R5]
Air Plan Approval; Ohio; Clean Data Determination for the
Cleveland, Ohio Area for the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is determining under
the Clean Air Act (CAA) that the Cleveland, Ohio nonattainment area
(hereafter also referred to as ``Cleveland area'' or ``area'') has
attained the 2015 ozone National Ambient Air Quality Standard (NAAQS or
standard). This determination is based upon complete, quality-assured,
and certified ambient air monitoring data for the 2023-2025 design
period showing that the Cleveland area achieved attainment of the 2015
ozone NAAQS. This determination relies on an exceptional events request
submitted by the Ohio Environmental Protection Agency (Ohio EPA) on
December 8, 2025, and concurred on by the EPA on January 12, 2026. The
EPA is taking final agency action on Ohio's exceptional events request
and the EPA's concurrence. As a result of this determination, the EPA
is suspending the requirements for the State to submit an attainment
demonstration and associated Reasonable Available Control Measures
(RACM), Reasonable Further Progress (RFP) plans, contingency measures
for failure to attain or make reasonable progress, and other planning
SIPs related to attainment of the 2015 ozone NAAQS, for as long as the
area continues to attain the 2015 ozone NAAQS. The EPA proposed to
approve this action on February 27, 2026.
DATES: This final rule is effective on May 14, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R05-OAR-2026-0562. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional information.
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#92fff3f5fde1bcf1f7f1fbfefbf3d2f7e2f3bcf5fde4"><span class="__cf_email__" data-cfemail="640905030b174a0701070d080d05240114054a030b12">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background Information
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).\1\ 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 at 40 CFR
part 50.
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\1\ See 80 FR 65292, (October 26, 2015).
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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 area violating the NAAQS, based on the most recent three years of
quality-assured ozone monitoring data. The Cleveland area, consisting
of Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit
Counties, 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 standard 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 standard by the Moderate attainment date, and
the area was reclassified as Serious by operation of law.
On February 27, 2026 (91 FR 9800), the EPA proposed to approve a
determination under the CAA that the Cleveland area has attained the
2015 ozone NAAQS based upon complete, quality-assured, and certified
ambient air monitoring data for the 2023-2025 design period. Such a
determination, based upon the EPA's Clean Data Policy, is known
informally as a clean data determination (CDD). The EPA's proposed CDD
relied upon the EPA's concurrence on an exceptional events request
submitted by Ohio EPA on December 8, 2025. The EPA also proposed to
take final agency action on Ohio EPA's exceptional events request
concurred on by the EPA on January 12, 2026. As a result of this
determination and pursuant to 40 CFR 51.1318, the EPA proposed to
suspend the requirements for the area to submit attainment
demonstrations and associated RACM, RFP plans, contingency measures for
failure to attain or make reasonable progress, and other planning SIPs
related to attainment of the 2015 ozone NAAQS,
[[Page 27212]]
for as long as the area continues to attain the 2015 ozone NAAQS.
An explanation of CAA requirements, a detailed analysis of the
revisions, and the EPA's reasons for proposing approval were provided
in the notice of proposed rulemaking and will not be restated here. The
public comment period for this proposed rule ended on March 30, 2026.
II. Response to Comments
The EPA received one supportive and five adverse comments.
Summaries of the adverse comments and the EPA's responses are provided
below. All comments submitted during the public comment period are
available in the docket of this action.
Comment: Five commenters raised concerns over the suspension of the
planning requirements, specifically RACM, RFP, and contingency
measures, in the Cleveland area related to the attainment of the 2015
ozone standard. Some commenters note that suspending requirements is a
premature action that will not ensure continued progress, can lead to
downgrades in air quality in the area, incentivize temporary
attainment, or disproportionately affect vulnerable communities. Other
commenters also mention planning requirements should remain in place to
ensure air quality improvements are permanent and affirm the State's
ability to respond to emerging issues.
Response: In this rule, the EPA is determining that the Cleveland
area has attained the 2015 ozone NAAQS and is suspending requirements
for the area to submit attainment demonstrations and the associated
RACM, RFP plans, contingency measures for failure to attain or make
reasonable progress, and other planning SIPs related to the attainment
of the 2015 ozone NAAQS, for as long as the area continues to attain
the standard in accordance with the provisions set forth at 40 CFR
51.1318. The commenters raise structural and statutory objections to
the Clean Data Policy provisions of 40 CFR 51.1318.\2\ These comments
are not relevant to the EPA's determination of attainment with respect
to the Cleveland area, and should more properly have been raised in the
context of the 2015 Ozone NAAQS Implementation Rule containing that
provision.\3\
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\2\ The EPA initially issued the Clean Data Policy in 1995,
``Reasonable Further Progress, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard.'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May
10, 1995. For purposes of the 1997 ozone NAAQS, we codified that
policy at 40 CFR 51.918. This codified policy was upheld by the D.C.
Circuit in NRDC v. EPA, 571 F.3d 1245 (D.C. 2009).
\3\ 83 FR 62998, December 6, 2018.
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The 2015 Ozone NAAQS Implementation Rule was promulgated through
notice and comment rulemaking and subject to the judicial review
provisions of section 307(b) of the CAA. The commenters did not submit
comments regarding the provisions of 40 CFR 51.1318 during the comment
period for the 2015 Ozone NAAQS Implementation rule. Therefore, these
comments fall outside the scope of this action. The EPA does
acknowledge, as codified at 40 CFR 51.1318, that State planning SIPs
related to the attainment of the ozone NAAQS for which the
determination has been made may be required in the event that ``the EPA
determines that the area has violated that NAAQS.''
Comment: One commenter stated that the EPA should provide more
transparent data and not fully rely on wildfire data in making
determinations of attainment since it does not accurately reflect the
air quality experienced by residents in the Cleveland area. Similarly,
another commenter encouraged the EPA to more fully consider the lived
experiences of local communities rather than the technical adjustment
of the data excluded per the exceptional events demonstration when
determining attainment of the standard.
Response: Under the Clean Data Policy, the EPA may issue a CDD if a
nonattainment area meets the 2015 ozone NAAQS based on three complete,
consecutive calendar years of quality-assured air quality data for all
monitoring sites in the area. The EPA reviews exceptional events
demonstrations on a case-by-case basis using a weight of evidence
approach considering the specifics of the individual event. This means
the EPA considers all relevant evidence submitted with a demonstration
or otherwise known to the EPA and qualitatively ``weighs'' this
evidence based on its relevance to the Exceptional Events Rule
criterion being addressed, the degree of certainty, the persuasiveness,
and other considerations appropriate to the individual pollutant and
the nature and type of event before acting to approve or disapprove an
air agency's request to exclude data. The underlying policy behind the
Exceptional Events Rule is that there may be external sources of air
pollution, such as wildfires, that are not attributable to any
activities in the area and are likewise not remediable through the
mechanisms being suspended under 40 CFR 51.1318. The EPA acknowledges
the experiences of Cleveland area residents alongside long-term overall
improvement in ozone air quality trends in the area, while affirming
that the technical data exclusions for wildfire impacts were
appropriately applied under the Exceptional Events Rule. The factors
raised by the commenter about particulate matter fall outside the scope
of a CDD for ozone and this action. The EPA's technical support
document and Ohio EPA's exceptional events demonstration data are
included in the docket of this action to provide transparency of the
EPA's evaluation.
Comment: One commenter stated that removing exceptional event data
obscures underlying air quality trends.
Response: The EPA does not agree with the commenter. According to
the EPA's ``Guidance on the Preparation of Exceptional Events
Demonstrations for Wildfire Events that May Influence Ozone
Concentrations'' and the Exceptional Events Rule, demonstrations must
address the technical element that ``the event affected air quality in
such a way that there exists a clear causal relationship between the
specific event and the monitored exceedance or violation'' supported,
in part, by the comparison to historical concentrations and other
analyses during the same season.\4\ Air agencies must include a
comparison of ozone data requested for exclusion with historical
concentrations at the air quality monitor and should further support
the clear causal relationship criterion by demonstrating that a
wildfire's emissions were transported to the monitor, that the
emissions from the wildfire influenced the monitored concentrations,
and, in some cases, quantifying the contribution of the wildfire's
emissions to the monitored ozone exceedance or violation. The data used
in the comparison of historical concentrations analysis should focus on
concentrations of ozone at the influenced monitor and nearby monitors
if appropriate. While the exceptional event-influenced data is excluded
from regulatory calculations under the Exceptional Events Rule, this
data is retained and flagged in the Air Quality System for continued
non-regulatory use. Ohio EPA's exceptional events demonstration
included a comparison of historical concentrations and air quality
trends, as required by 40 CFR 50.14(c)(3)(iv)(C) and is included in the
docket of this action.\5\
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\4\ See 40 CFR 50.14(c)(3)(iv)(B)-(C).
\5\ See 91 FR 9800 (February 27, 2026), Cleveland Ozone
Exceptional Event Concurrence Technical Support Document.
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[[Page 27213]]
Comment: One commenter suggested requiring a more stringent
standard of 60 parts per billion in order to suspend planning
requirements in areas that have been historically non-compliant, like
Cleveland, with significant at-risk populations. The commenter includes
references to reports by the American Lung Association, the Asthma and
Allergy Foundations of America, and the Ohio Department of Health.
Response: Similar to the responses above, the commenter raises
structural and statutory objections to the Clean Data Policy provisions
of 40 CFR 51.1318 and the 2015 Ozone Implementation Rule. These
concerns also fall outside the scope of this action and the EPA's
authority.
III. Final Action
The EPA is making a determination that the Cleveland area is
attaining the 2015 ozone NAAQS, based upon complete, quality-assured,
and certified ambient air monitoring data for the 2023-2025 design
value period, after concurring on the exclusion of certain exceedances
due to exceptional events. The EPA is also taking final agency action
on an exceptional events request submitted by Ohio EPA on December 8,
2025, and concurred on by the EPA on January 12, 2026, based on the
EPA's evaluation of the weight of evidence provided in Ohio EPA's
exceptional event demonstration. As a result of the CDD, the EPA is
suspending the requirements for the area to submit attainment
demonstrations and associated RACM, RFP plans, contingency measures for
failure to attain or make reasonable progress, and other planning SIPs
related to attainment of the 2015 ozone NAAQS, for as long as the area
continues to attain the 2015 ozone NAAQS.
In accordance with 5 U.S.C. 553(d) of the Administrative Procedure
Act (APA), the EPA finds ther is good cause for this action to become
effective date for this action is authorized under 5 U.S.C. 553(d)(1).
Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). When the agency grants or recognizes an exemption
or relieves a restriction, however, affected parties do not need a
reasonable time to adjust because the effect is not adverse. The EPA
has determined that this rule relieves a restriction because this rule
suspends the requirements for the State to submit attainment
demonstrations and associated RACM, RFP plans, contingency measures for
failure to attain or make reasonable progress, and other planning SIPs
related to attainment of the 2015 ozone NAAQS, for as long as the area
continues to attain the 2015 ozone NAAQS. For this reason, the EPA
finds good cause under 5 U.S.C. 553(d)(1) for this action to become
effective on the date of publication of this action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a significant regulatory action subject to review by the
Office of Management and Budget under Executive Order 12866 (58 FR
51735, October 4, 1993);
<bullet> Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant 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 rule does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 13, 2026. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 4, 2026.
Anne Vogel,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1870, the table in paragraph (e) is amended by adding a
new entry for ``2015 Ozone Clean Data
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Determination'' after the entry for ``Definition of Air Contaminant''
to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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Applicable
Title geographical or non- Start date EPA approval Comments
attainment area
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* * * * * * *
2015 Ozone Clean Data Cleveland area N/A 5/14/2026, 91 FR EPA's final
Determination. (Cuyahoga, Geauga, [INSERT FEDERAL determination
Lake, Lorain, REGISTER PAGE WHERE suspends
Medina, Portage, THE DOCUMENT requirements for
Summit Counties). BEGINS]. Ohio EPA to submit
an attainment
demonstration and
other associated
nonattainment
planning
requirements for
the Cleveland area
for as long as the
area continues to
attain the 2015
ozone NAAQS.
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[FR Doc. 2026-09614 Filed 5-13-26; 8:45 am]
BILLING CODE 6560-50-P
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