Approval and Promulgation of Implementation Plans; Wisconsin;
Revised Motor Vehicle Emissions Inventories and Motor Vehicle Emissions
Budgets Using MOBILE6
[Federal Register: June 20, 2003 (Volume 68, Number 119)]
[Rules and Regulations]
[Page 36917-36921]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn03-22]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI116-01-7346a; FRL-7515-5]
Approval and Promulgation of Implementation Plans; Wisconsin;
Revised Motor Vehicle Emissions Inventories and Motor Vehicle Emissions
Budgets Using MOBILE6
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Wisconsin State
Implementation
[[Page 36918]]
Plan (SIP) for the attainment and maintenance of the 1-hour national
ambient air quality standard (NAAQS) for ozone. Specifically, EPA is
approving Wisconsin's revised 2007 motor vehicle emission inventories
and 2007 Motor Vehicle Emissions Budgets (MVEB) recalculated using
MOBILE6 for the Milwaukee severe ozone area and the Sheboygan ozone
maintenance area. EPA is also approving a new 2012 projected MVEB for
the Sheboygan ozone maintenance area
DATES: This rule is effective on August 19, 2003, unless EPA receives
relevant adverse written comments by July 21, 2003. 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: You should send written comments to: Carlton Nash, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
You may inspect copies of the State submittal and EPA's analysis of
it at: Regulation Development Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604. (Please telephone Michael Leslie at
(312) 353-6680 before visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Regulation Development Section (AR-18J), Air Programs Branch,
Air and Radiation Division, United States Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 353-6680, leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION: This section is organized as follows:
I. Background.
II. What is MOBILE6?
III. What is the purpose and content of Wisconsin's submittal?
IV. What are the revised MOBILE6 inventories?
V. Are the revised MOBILE6 inventories consistent with Wisconsin's
One-Hour Attainment Demonstration?
VI. Are Wisconsin's Motor Vehicle Emissions Budgets approvable?
VII. EPA Action.
VIII. Statutory and Executive Order Reviews.
I. Background
In November of 1999, EPA issued two memoranda \1\ to articulate its
policy regarding states that incorporated MOBILE5-based interim Tier 2
standard \2\ benefits into their SIPs and MVEBs. Although these
memoranda primarily targeted certain serious and severe ozone
nonattainment areas, EPA has implemented this policy in all other areas
that have made use of federal Tier 2 benefits in air quality plans from
EPA's April 2000 MOBILE5 guidance, ``MOBILE5 Information Sheet
#8: Tier 2 Benefits Using MOBILE5.'' All states whose
attainment demonstrations or maintenance plans include interim MOBILE5-
based estimates of the Tier 2 standards were required to make a
commitment to revise and resubmit their MVEBs within either one or two
years of the final release of MOBILE6 in order to gain SIP approval.
---------------------------------------------------------------------------
\1\ Memoranda, ``Guidance on Motor Vehicle Emissions Budgets in
1-Hour Ozone Attainment Demonstrations,'' issued November 3, 1999,
and ``1-Hour Ozone Attainment Demonstrations and Tier 2/Sulfur
Rulemaking,'' issued November 8, 1999. Copies of these memoranda are
on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm.
\2\ The final rule on Tier 2 Motor Vehicle Emissions Standards
and Gasoline Sulfur Control Requirements (``Tier 2 standards'') for
passenger cars, light trucks, and larger passenger vehicles was
published on February 10, 2000 (65 FR 6698).
---------------------------------------------------------------------------
On December 22, 2000, Wisconsin submitted a revision to the One-
Hour Ozone Attainment Demonstration SIP for the Milwaukee severe ozone
area and the Sheboygan ozone maintenance area. This SIP revision
included, among other things, revised MVEBs using interim MOBILE5-based
estimates of the Tier 2 standards and an enforceable commitment to
revise the attainment demonstration using the MOBILE6 model, including
MVEBs, within one year of the release of the model. Additional
information on EPA's final approval of Wisconsin's December 22, 2000,
submittal is in the November 13, 2001, Federal Register (66 FR 56931).
EPA officially released the MOBILE6 motor vehicle emissions factor
model on January 29, 2002 (67 FR 4254). Thus, the effective date of
that Federal Register notice constituted the start of the one year time
period in which Wisconsin was required to revise its One-Hour Ozone
Attainment Demonstration SIP using the MOBILE6 model. Wisconsin was
required to submit this SIP revision to EPA by January 29, 2003.
II. What Is MOBILE6?
MOBILE is an EPA emissions factor model for estimating pollution
from on-road motor vehicles in states outside of California. MOBILE
calculates emissions of volatile organic compounds (VOCs), nitrogen
oxides (NOX) and carbon monoxide (CO) from passenger cars,
motorcycles, buses, and light-duty and heavy-duty trucks. The model
accounts for the emission impacts of factors such as changes in vehicle
emission standards, changes in vehicle populations and activity, and
variation in local conditions such as temperature, humidity, fuel
quality, and air quality programs.
MOBILE is used to calculate current and future inventories of motor
vehicle emissions at the national and local level. These inventories
are used to make decisions about air pollution policies and programs at
the local, state and national level. Inventories based on MOBILE are
also used to meet the federal Clean Air Act's SIP and transportation
conformity requirements.
MOBILE6 is the first major update of the MOBILE model since 1993.
The MOBILE model was first developed in 1978. It has been updated many
times to reflect changes in the vehicle fleet and fuels, to incorporate
EPA's growing understanding of vehicle emissions, and to cover new
emissions regulations and modeling needs. Although some minor updates
were made in 1996 with the release of MOBILE5b, MOBILE6 is the first
major revision to MOBILE since MOBILE5a was released in 1993.
III. What Is the Purpose and Content of Wisconsin's Submittal?
To address its enforceable commitment made in the December 22,
2000, Attainment Demonstration SIP revision, the State submitted a
proposed SIP revision on January 31, 2003, which revises the 2007 motor
vehicle emissions inventories and the 2007 MVEBs using the MOBILE6
model. The January 31, 2003, submittal demonstrates that the new levels
of motor vehicle emissions calculated using MOBILE6 continue to support
achievement of the projected attainment of the one-hour ozone NAAQS for
the Milwaukee area and maintenance of the ozone NAAQS for Sheboygan
area.
IV. What Are the Revised MOBILE6 Inventories?
Table 1 below summarizes the revised motor vehicle emissions
inventories in tons per summer day (tpd). The State developed these
revised inventories using the latest planning assumptions, including
updated vehicle registration data from 1999 through 2001, vehicle miles
traveled (VMT), speeds, fleet mix, and SIP control measures. EPA is
proposing to approve these revised 2007 motor vehicle emissions
inventories.
[[Page 36919]]
Table 1.--Milwaukee's Revised Motor Vehicle Emissions Inventories
------------------------------------------------------------------------
2007
-----------------
Area VOC NOX
(tpd) (tpd)
------------------------------------------------------------------------
Milwaukee Severe Area:
MOBILE6 Emissions................................. 30.34 69.32
Safety Margin..................................... 1.86 2.08
Inventory Value................................... 32.20 71.40
Sheboygan Maintenance Area:
MOBILE6 Emissions................................. 2.86 5.62
Safety Margin..................................... 0.43 0.78
Inventory Value................................... 3.24 6.40
------------------------------------------------------------------------
V. Are the Revised MOBILE6 Inventories Consistent With Wisconsin's One-
Hour Attainment Demonstration?
Wisconsin's attainment demonstration used photochemical grid
modeling in the absolute sense. Absolute modeling refers to uses the
output from a model to compare directly against a standard. For one-
hour ozone, this means that the daily peak one-hour concentration
predicted in every grid cell by the model would be compared to a ozone
standard concentration of 124 parts per billion (ppb). This is best
represented by the deterministic approach described in the 1996
Guidance on Use of Modeled Results to Demonstrate Attainment of the
Ozone NAAQS, EPA, June 1996. That guidance also describes a statistical
approach which allows a specific number of exceedances of the standard.
However, final attainment is still determined in an absolute sense by
comparing a predicted concentration with the one-hour standard value of
124 ppb. EPA has articulated its policy regarding the use of MOBILE6 in
SIP development in its ``Policy Guidance on the Use of MOBILE6 for SIP
Development and Transportation Conformity'' \3\ and ``Clarification of
Policy Guidance for MOBILE6 in Mid-course Review Areas.'' \4\ This
policy requires that new MOBILE6 MVEBs in areas that demonstrated
attainment with absolute modeling meet two conditions. First, the new
MOBILE6 based mobile source inventories are compared to the MOBILE5
based inventories for the attainment year. If the MOBILE6 mobile
emissions are less than or equal to the MOBILE5 emissions, then the SIP
continues to demonstrate attainment. Second, EPA's policy guidance
requires the State to consider whether growth and control strategy
assumptions for non-motor vehicle sources (i.e., point, area, and non-
road mobile sources) are still accurate at the time the State developed
submittal.
---------------------------------------------------------------------------
\3\ Memorandum, ``Policy Guidance on the Use of MOBILE6 for SIP
development and Transportation Conformity,'' issued January 18,
2002. A copy of this memorandum can be found on EPA's Web site at
http://www.epa.gov/otaq/transp/traqconf.htm.
\4\ Memorandum, ``Clarification of Policy Guidance for MOBILE6
SIPs in Mid-course Review Areas,'' issued February 12, 2003. A copy
of this memorandum can be found on EPA's Web site at
http://www.epa.gov/otaq/transp/traqconf.htm.
---------------------------------------------------------------------------
Consistent with this policy guidance, Wisconsin's updated MOBILE6
inventories were equal to the MOBILE5 attainment demonstration
inventories for the Milwaukee and Sheboygan areas. It should be noted
that Wisconsin used the latest planning assumptions in developing of
the updated inventories. Wisconsin reviewed the growth and control
strategy assumptions for non-motor vehicle sources, and concluded that
these assumptions continue to be valid and support the one-hour Ozone
Attainment Demonstration.
In summary, Wisconsin's January 31, 2003, submittal satisfies the
conditions outlined in EPA's MOBILE6 Policy guidance, and demonstrates
that the new levels of motor vehicle emissions calculated using MOBILE6
continue to support achievement of the projected attainment of the one-
Hour Ozone NAAQS by the attainment date of 2007.
VI. Are Wisconsin's Motor Vehicle Emissions Budgets Approvable?
Table 2 below summarizes Wisconsin's revised 2007 MVEBs contained
in the January 31, 2003, submittal. The State developed MVEBs using the
latest planning assumptions, including updated vehicle registration
data, VMT, speeds, fleet mix, and SIP control measures. The Wisconsin
submittal met all applicable requirements and EPA is proposing to
approve all of these budgets.
Table 2.--2007 Motor Vehicle Emissions Budgets
------------------------------------------------------------------------
2007
-----------------
Area VOC NOX
(tpd) (tpd)
------------------------------------------------------------------------
Milwaukee Severe Area................................. 32.20 71.40
Sheboygan Maintenance Area............................ 3.24 6.40
------------------------------------------------------------------------
Table 3 below summarizes the Sheboygan maintenance area's 2007 and
new 2012 emissions inventory contained in the January 31, 2003,
submittal:
Table 3.--Sheboygan Maintenance Area's Emissions Inventory
----------------------------------------------------------------------------------------------------------------
2007 2012
Source ---------------------------------------------------------------
VOC (tpd) NOX (tpd) VOC (tpd) NOX (tpd)
----------------------------------------------------------------------------------------------------------------
Point........................................... 3.4 25.0 3.7 26.9
Area............................................ 7.2 2.2 7.4 2.2
Non-Road........................................ 2.7 6.0 2.5 6.0
Mobile.......................................... 3.2 6.4 2.0 4.0
-----------------
Total....................................... 16.5 39.5 15.6 39.1
----------------------------------------------------------------------------------------------------------------
[[Page 36920]]
The above demonstrates the 2012 emissions will still maintain the
total emissions for the area at or below the maintenance level. For
this reason, EPA is approving the new projected MVEB for 2012.
Table 4 below summarizes Wisconsin's new 2012 MVEB contained in the
January 31, 2003, submittal:
Table 4.--Sheboygan 2012 Motor Vehicle Emissions Budget
------------------------------------------------------------------------
2012
-----------------
Area VOC NOX
(tpd) (tpd)
------------------------------------------------------------------------
Sheboygan Maintenance Area............................ 1.99 3.97
------------------------------------------------------------------------
VII. EPA Action
EPA is approving the Wisconsin SIP revision submitted on January
31, 2003. This submittal revises Wisconsin's 2007 motor vehicle
emission inventories and 2007 MVEBs using MOBILE6 for the Milwaukee
severe ozone area and the Sheboygan ozone maintenance area. EPA is also
approving a new 2012 projected MVEB for the Sheboygan ozone maintenance
area.
EPA is publishing this action without prior proposal, because EPA
views this as a noncontroversial revision and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, EPA is proposing to approve the SIP revision should
adverse written comments be filed. This action will be effective
without further notice unless EPA receives relevant adverse written
comments by July 21, 2003. Should the Agency receive such comment, we
will publish a final rule informing the public that this action will
not take effect. Any parties interested in commenting on this action
should do so at this time. If we do not receive comments, this action
will be effective on August 19, 2003.
VIII. 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
(65 FR 67249, 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.
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 August 19, 2003. 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, Ozone, Volatile
[[Page 36921]]
organic compound, Oxides of nitrogen, Transportation conformity.
Dated: June 9, 2003.
Bharat Mathur,
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 YY--Wisconsin
? 2. Section 52.2585 is amended by adding paragraph (s) to read as
follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(s) Approval--On January 31, 2003, Wisconsin submitted a revision
to the ozone attainment plan for the Milwaukee severe ozone area and
maintenance plan for Sheboygan County. These plans revised 2007 motor
vehicle emission inventories and 2007 Motor Vehicle Emissions Budgets
(MVEB) recalculated using the emissions factor model MOBILE6. The plan
also included a new 2012 projected MVEB for the Sheboygan County. The
following table outlines the MVEB for transportation conformity
purposes for the Milwaukee severe ozone area and the Sheboygan ozone
maintenance area:
2007 and 2012 Motor Vehicle Emissions Budgets
----------------------------------------------------------------------------------------------------------------
2007 2012
Area ---------------------------------------------------------------
VOC (tpd) NOX (tpd) VOC (tpd) NOX (tpd)
----------------------------------------------------------------------------------------------------------------
Milwaukee Severe Area........................... 32.20 71.40 na na
Sheboygan Maintenance........................... 3.24 6.40 1.99 3.97
----------------------------------------------------------------------------------------------------------------
na means not applicable
* * * * *
[FR Doc. 03-15520 Filed 6-19-03; 8:45 am]
BILLING CODE 6560-50-P
![[logo] US EPA](https://webarchive.library.unt.edu/eot2008/20090510210900im_/http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}