[Federal Register: March 18, 2005 (Volume 70, Number 52)]
[Rules and Regulations]
[Page 13105-13108]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr05-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52
[R05-OAR-2005-OH-0001; FRL-7886-7]
Approval and Promulgation of Maintenance Plan Revisions; Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving Ohio's March 1, 2005, submittal of a revision
to the Clinton County 1-hour ozone maintenance plan. Ohio held a public
hearing on the submittal on February 8, 2005. This maintenance plan
revision establishes a new transportation conformity motor vehicle
emissions budget (MVEB) for the year 2006. EPA is approving the
allocation of a portion of the safety margin for oxides of nitrogen
(NOX) to the area's 2006 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. In this action, EPA is
also correcting the codification for a previous approval action for
Cincinnati, Ohio.
DATES: This rule is effective on May 2, 2005, unless EPA receives
adverse written comments by April 18, 2005. If EPA receives adverse
comments, 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 Regional Material in EDocket
(RME) ID No. R05-OAR-2005-OH-0001, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov Follow the on-line instructions for submitting comments. Agency Web site: http://docket.epa.gov/rmepub/.
Regional RME, EPA's electronic public docket
and comments system, is EPA's preferred method for receiving comments.
Once in the system, select ``quick search,'' then key in the
appropriate RME Docket identification number. Follow the on-line
instructions for submitting comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 886-5824.
Mail: You may send written comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (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 RME ID No. R05-OAR-2005-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 RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, 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 RME or 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 electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/.
[[Page 13106]]
Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Publicly available docket materials are
available either electronically in RME 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:
Table of Contents
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. Why Is This Request Approvable?
IV. What Action Is EPA Taking Today?
V. 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 Clinton County,
Ohio. This action changes the MVEB used for transportation conformity.
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 at RME under ID No. R05-OAR-
2005-OH-0001, and a hard copy file which is available for inspection at
the Regional Office. 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 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 that 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.
C. 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-
2005-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 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 February 8, 2005, in Clinton County, Ohio. The
formal comment period extended from December 30, 2004, until February
11, 2005. 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 December 22,
2004, which requested that EPA initiate review of the draft SIP
revision and proceed to parallel process the request. The official
submittal with all documentation including transcripts of the hearing
were submitted in a letter dated March 1, 2005.
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 Clinton County, Ohio.
Clinton County is an ozone maintenance area under the 1-hour ozone
standard. Clinton County is part of the Cincinnati 8-hour ozone
nonattainment area, however this change only addresses the 1-hour ozone
maintenance plan. The maintenance plan was approved by EPA on March 21,
1996, (61 FR 11560).
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 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
[[Page 13107]]
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: Clinton
County first attained the one hour ozone standard during the 1993-1996
time period. The State uses 1996 as the attainment level of emissions
for Clinton County. The emissions from point, area and mobile sources
in 1996 equaled 5.82 tons per day of NOX. The Ohio
Environmental Protection Agency projected emissions out to the year
2006 and projected a total of 4.91 tons per day of NOX from
all sources. The safety margin for the Ohio portion of the Cincinnati
area is calculated to be the difference between these amounts or 0.91
tons 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 61 FR 11560 published on March 21,
1996. Ohio has requested to allocate 0.2 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 2006, 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 0.2 tons per day of NOX to mobile sources, it
leaves the area with 0.71 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 2006 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 3.25 tons of
NOX to 3.45 tons per day 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. Why Is the Request Approvable?
The emissions from point, area and mobile sources in 1996 equaled
5.82 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
2006 and projected a total of 4.91 tons per day of NOX from
all sources in Clinton County, Ohio. 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 0.2 tons per
day from the safety margin to the 2006 NOX MVEB for the
Clinton County, 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. What Action Is EPA Taking Today?
EPA is approving Ohio's March 1, 2005, submittal of a revision to
the Clinton County 1-Hour ozone maintenance plan establishing a new
transportation conformity MVEB for the year 2006. EPA is approving the
allocation of a portion of the NOX safety margin to the
area's 2006 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.
For convenience, EPA is also using this rulemaking to correct the
codification of its prior approval of the revision to the ozone
maintenance plan for the Cincinnati, Ohio area. In our July 20, 2004,
approval at 69 FR 43322, the revision was incorrectly added into 40 CFR
52 as paragraph 52.1885(b)(12). EPA is amending the codification of 40
CFR 52 by moving the approved Ohio revision to paragraph
52.1885(a)(16).
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective May 2, 2005,
without further notice unless we receive relevant adverse written
comments by April 18, 2005. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective May 2, 2005.
V. 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 That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
[[Page 13108]]
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.
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. 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.
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 May 17, 2005. 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: March 7, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.
0
Part 52, Chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
0
2. Section 52.1885 is amended by removing paragraph (b)(12) and by
adding paragraphs (a)(16) and (17) to read as follows:
Sec. 52.1885 Control Strategy: Ozone.
(a) * * *
(16) 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 62.3 tons per day for the year 2010. This
approval only changes the NOX transportation conformity
emission budget for Cincinnati, Ohio.
(17) Approval--On March 1, 2005, Ohio submitted a revision to the
1-hour ozone maintenance plan for Clinton County, Ohio. The revision
consists of allocating a portion of the area's oxides of nitrogen
(NOX) safety margin to the transportation conformity motor
vehicle emissions budget. The motor vehicle emissions budget for
NOX for the Clinton County, Ohio area is now 3.45 tons per
day for the year 2006. This approval only changes the NOX
transportation conformity emission budget for Clinton County, Ohio.
* * * * *
[FR Doc. 05-5409 Filed 3-17-05; 8:45 am]
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