Approval and Promulgation of Maintenance Plan Revisions; Ohio
[Federal Register: July 20, 2004 (Volume 69, Number 138)]
[Rules and Regulations]
[Page 43319-43322]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy04-9]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2004-OH-0001; FRL-7789-2]
Approval and Promulgation of Maintenance Plan Revisions; Ohio
AGENCY: Environmental Protection Agency (EPA)
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving Ohio's submittal of a revision to the
Ohio portion of the Cincinnati 1-Hour ozone maintenance plan. Ohio held
a public hearing on the submittal on March 30, 2004. This maintenance
plan revision establishes a new transportation conformity motor vehicle
emissions budget (MVEB) for the year 2010. EPA is approving the
allocation of a portion of the safety margin for oxides of nitrogen
(NOX) to the area's 2010 MVEB for transportation conformity
purposes. This allocation will still maintain the total emissions for
the area at or below the attainment level required by the
transportation conformity regulations. The transportation conformity
budget for volatile organic compounds will remain the same as
previously approved in the maintenance plan. EPA is not at this time
addressing any request to redesignate the Ohio portion of the
Cincinnati area to attainment for the 1-Hour ozone National Ambient Air
Quality Standard (NAAQS). The rationale for the approval and other
information are provided in this rulemaking action.
DATES: This ``direct final'' rule is effective on September 20, 2004,
unless EPA receives adverse written comments by August 19, 2004. If
adverse comment is received, EPA will publish a timely withdrawal of
the rule in the Federal Register and inform the public that the rule
will not take effect.
ADDRESSES: Submit comments, identified by Docket ID No. R05-OAR-2004-
OH-0001 by one of the following methods: Federal eRulemaking Portal:
http://www.regulations.gov. Follow the on-line instructions
for submitting comments.
E-mail: bortzer.jay@epa.gov.
Fax: (312) 886-5824.
Mail: You may send written comments to: J. Elmer Bortzer, Chief,
Air Programs Branch, (AR-18J), Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. R05-OAR-1994-
OH-0001. EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov, or
e-mail. The federal regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of the related proposed rule which is
published in the Proposed Rules section of this Federal Register.
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Publicly available docket materials are available either
electronically in EDOCKET or in hard copy at Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. (We recommend that you telephone
Patricia Morris, Environmental Scientist, at (312) 353-8656 before
visiting the Region 5 office.) This Facility is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental
Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J),
EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312)353-8656. morris.patricia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
B. How can I get copies of this document and other related
information?
C. How and to whom do I submit comments?
II. Background
A. When did Ohio hold a public hearing and officially submit the
revision request?
B. What change is Ohio requesting?
III. Transportation Conformity Budgets
A. What are transportation conformity budgets?
B. What is a safety margin?
C. How does this action change the maintenance plan?
D. What are subarea budgets?
E. Why is this request approvable?
IV. Statutory and Executive Order Review
I. General Information
A. Does This Action Apply to Me?
This action is rulemaking on a non-regulatory planning document
intended to ensure the maintenance of air quality in the Cincinnati Area.
[[Page 43320]]
B. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an electronic public
rulemaking file available for inspection on EDOCKET and a hard copy
file which is available for inspection at the Regional Office. EPA has
established an official public rulemaking file for this action under
Docket ID No. R05-OAR-2004-OH-0001. The official public file consists
of the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public rulemaking file does
not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public rulemaking file is the collection of materials that is available
for public viewing at the Air Programs Branch, Air and Radiation
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604. EPA requests that if at all possible, you contact the person
listed in the For Further Information Contact section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at
http://www.regulations.gov where you can find, review, and submit
comments on Federal rules that have been published in the Federal
Register, the Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public inspection.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket ``R05-OAR-
2004-OH-0001'' in the subject line on the first page of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I General Information of the SUPPLEMENTARY INFORMATION
section of the related proposed rule which is published in the Proposed
Rules section of this Federal Register.
II. Background
A. When Did Ohio Hold a Public Hearing and Officially Submit the
Revision Request?
Ohio held a public hearing on the State Implementation Plan (SIP)
revision request on March 30, 2004, in Cincinnati, Ohio. The formal
comment period extended until April 2, 2004, to allow a full 30 days
for public comment. No adverse comments were received. Ohio submitted
transcripts of the public hearing and copies of the announcement of the
30 day public comment period to EPA. Ohio sent a letter dated March 15,
2004, which requested that EPA initiate review of the existing data and
proceed to parallel process the request. The official submittal with
all documentation including transcripts of the hearing were submitted
in a letter dated April 19, 2004. Only one comment was received and
that comment was in support of the revision request.
B. What Change Is Ohio Requesting?
Ohio is requesting a change to the transportation conformity budget
in the approved 1-Hour ozone maintenance plan for Cincinnati. The
Cincinnati-Hamilton ozone nonattainment/maintenance area is a bi-state
area. The Ohio Counties include Hamilton, Butler, Clermont and Warren
and the Kentucky Counties include Boone, Campbell and Kenton. The
currently approved maintenance plan was approved by EPA on June 19,
2000, (65 FR 37879-37900). In the June 19, 2000, notice, EPA approved
the maintenance plan and also a redesignation request to redesignate
the Cincinnati area to attainment/maintenance for the 1-Hour ozone
standard. The redesignation was challenged and subsequently vacated;
however, the maintenance plan approval was upheld.
In this submittal, Ohio is requesting a change to the
transportation conformity budget. The approved maintenance plan has a
``safety margin'' of emissions which can be allocated to the MVEB. The
requested change only changes the NOX budget for
transportation conformity.
III. Transportation Conformity Budgets
A. What Are Transportation Conformity Budgets?
A transportation conformity budget is the projected level of
controlled emissions from the transportation sector (mobile sources)
that is estimated in the State Implementation Plan (SIP). The SIP
controls emissions through regulations, for example, on fuels and
exhaust levels for cars. The emissions budget concept is further
explained in the preamble to the November 24, 1993, transportation
conformity rule (58 FR 62188). The preamble also describes how to
establish the MVEB in the SIP and how to revise the emissions budget.
The transportation conformity rule allows the MVEB to be changed as
long as the total level of emissions from all sources remains below the
attainment level.
B. What Is a Safety Margin?
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. The attainment level of
emissions is the level of emissions during one of the years in which
the area met the air quality health standard. For example: Cincinnati
first attained the one hour ozone standard during the 1996-1999 time
period. The State uses 1996 as the attainment level of emissions for
the Cincinnati area. The emissions from point, area and mobile sources
in 1996 equaled 212.7 tons per day of VOC and 411.2 tons per day of
NOX. The Ohio Environmental Protection Agency projected
emissions out to the year 2010 and projected a total of 195.9 tons per
day of VOC and 363.7 tons per day of NOX from all sources in
the Ohio portion of the Cincinnati area. The safety margin for the Ohio
portion of the Cincinnati area is calculated to be the difference
between these amounts or 16.8 tons per day of VOC and 46.5 tons
[[Page 43321]]
per day of NOX. Detailed information on the estimated
emissions from each source category is summarized in the proposed
approval of the maintenance plan at 65 FR 3638 published on January 24,
2000. Ohio has requested to allocate 10 tons per day of the
NOX safety margin to the mobile source emission budgets for
NOX. With the added safety margin in the motor vehicle
emission estimate for 2010 the total NOX emissions for the
area continue to be below the 1996 attainment year. Ohio is not asking
to use the entire safety margin in the maintenance plan. Even with the
allocation of 10 tons per day of NOX to mobile sources, it
leaves the area with 36.5 tons per day NOX safety margin.
The emissions are projected to maintain the area's air quality
consistent with the air quality health standard. The safety margin
credit can be allocated to the transportation sector. The total
emission level, even with this allocation will be below the attainment
level or safety level and thus is acceptable. The safety margin is the
extra safety points that can be allocated as long as the total level is
maintained.
C. How Does This Action Change the Maintenance Plan?
This action changes the budget for mobile sources. The maintenance
plan is designed to provide for future growth while still maintaining
the ozone air quality standard. Growth in industries, population, and
traffic is offset with reductions from cleaner cars and other emission
reduction programs. Through the maintenance plan the State and local
agencies can manage and maintain air quality while providing for growth.
In the submittal, Ohio requested to allocate a portion of the
NOX safely margin to the 2010 MVEB. The VOC MVEB will remain
the same as approved and only the NOX budget is requested to
change. The NOX MVEB will change from 52.3 tons of
NOX to 62.3 tons of NOX. This budget would be the
constraining number for mobile sources and transportation conformity.
The Transportation Plan and Transportation Improvement Program for
Cincinnati will need to be below the MVEB to demonstrate conformity.
These requirements are detailed in the transportation conformity
regulations which were approved as part of the Ohio SIP on May 16, 1996
(61 FR 24702) and approved as amended in a Federal Register notice
dated May 30, 2000 (65 FR 34395).
D. What Are Subarea Budgets?
Ohio is submitting these budgets as subarea budgets which are only
applicable to the Ohio portion of the Cincinnati area. Subarea budgets
will allow conformity to be determined for Ohio and Kentucky
separately. Kentucky currently has approved 2010 mobile source budgets.
In separate actions, both States (Ohio and Kentucky) are formally
electing to use subarea budgets per 40 CFR 93.124(d) for the purpose of
determining transportation conformity in the areas within their
individual state. Subarea budgets will still require the Cincinnati
area to conduct transportation conformity for the entire area (both
Ohio and Kentucky portions). However, subarea budgets will allow
transportation projects in each State to be implemented if and only if
the budget test is met for that particular State.
E. Why Is the Request Approvable?
The emissions from point, area and mobile sources in 1996 equaled
212.7 tons per day of VOC and 411.2 tons per day of NOX.
This is the level of emissions which allow attainment of the one hour
ozone standard. The Ohio Environmental Protection Agency projected
emissions out to the year 2010 and projected a total of 195.9 tons per
day of VOC and 363.7 tons per day of NOX from all sources in
the Ohio portion of the Cincinnati area. The allocation of the safety
margin will keep the total emissions below the attainment level. Thus,
the emissions are projected to maintain the area's air quality
consistent with the air quality health standard. After review of the
SIP revision request, EPA finds that the allocation of the 10 tons per
day from the safety margin to the 2010 NOX MVEB for the
Cincinnati Ohio area is approvable because the new MVEB for
NOX will maintain the total emissions at or below the
attainment year inventory level as required by the transportation
conformity regulations.
IV. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
For this reason, this action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(59 FR 22951, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the National government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks''
(62 FR 19885, April 23, 1997), because it is not economically significant.
[[Page 43322]]
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 20, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Intergovernmental
relations, Volatile organic compounds, Ozone.
Dated: July 8, 2004.
Norman Niedergang,
Acting Regional Administrator, Region 5.
? Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
? 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
? 2. Section 52.1885 is amended by adding paragraph (b)(12) to read as
follows:
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(b) * * *
(12) Approval--On April 19, 2004, Ohio submitted a revision to the
ozone maintenance plan for the Cincinnati, Ohio area. The revision
consists of allocating a portion of the area's NOX safety
margin to the transportation conformity motor vehicle emissions budget.
The motor vehicle emissions budget for NOX for the
Cincinnati, Ohio area is now 62.7 tons per day for the year 2010. This
approval only changes the NOX transportation conformity
emission budget for Cincinnati, Ohio.
* * * * *
[FR Doc. 04-16333 Filed 7-19-04; 8:45 am]
BILLING CODE 6560-50-P