[Federal Register Volume 65, Number 146 (Friday, July 28, 2000)]
[Proposed Rules]
[Pages 46383-46388]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 00-19122]
[[Page 46383]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-6841-6]
Motor Vehicle Emissions Budgets in Attainment Demonstrations for
the One-Hour National Ambient Air Quality Standard for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Supplemental notice of proposed rule.
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SUMMARY: On December 16, 1999, we (EPA) proposed to approve or
conditionally approve and disapprove in the alternative attainment
demonstration State implementation plans (SIPs) for ten areas in the
eastern United States (64 FR 70317). In today's supplemental notice, we
are clarifying and expanding on two issues relating to the motor
vehicle emissions budgets in these SIPs. In addition, we are reopening
the comment period to take comment on these two issues and to allow
comment on any additional materials that were placed in the dockets for
the proposed actions close to or after the initial comment period
closed on February 14, 2000.
First, we are proposing to clarify what occurs if we finalize
conditional or full approval of any of these SIPs based on a State
commitment to revise the SIP's motor vehicle emissions budgets in the
future. If this occurs, the motor vehicle emissions budgets in the
approved SIP will apply for transportation conformity purposes only
until the budgets are revised consistent with the commitment and we
have found the new budgets adequate. Once we have found the newly
revised budgets adequate, then they would apply instead of the previous
conditionally or fully approved budgets.
Second, we are proposing that States may opt to commit to revise
their emissions budgets 1 year after the release of MOBILE6, as
originally proposed on December 16, 1999. Or, States may commit to a
new option, i.e., to revise their budgets 2 years following the release
of MOBILE6, provided that conformity is not determined without adequate
MOBILE6 SIP budgets during the second year.
DATES: Comments must be received on or before August 28, 2000.
ADDRESSES: Written comments on this action should be addressed to the
EPA regional offices responsible for the areas addressed by the SIPs we
are reopening. Contact names and addresses for these regional offices
are included below in SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: General questions concerning sections
of this document that relate to motor vehicles emissions budgets should
be directed to Kathryn Sargeant, Transportation and Regional Programs
Division, U.S. Environmental Protection Agency, 2000 Traverwood Road,
Ann Arbor, Michigan 48105, sargeant.kathryn@epa.gov. (734) 214-4441.
Comments or questions on our proposed changes to the applicability
of budgets in specific areas or on the new information received on
area-specific SIPs should be addressed to the appropriate EPA Regional
Office representative listed below in SUPPLEMENTARY INFORMATION.
SUPPLEMENTARY INFORMATION: Public dockets for the ten areas addressed
by today's action have been established in EPA's Regional Offices.
Addresses for these dockets and additional contact information are
listed below:
Region I--(1) Greater Connecticut Ozone Nonattainment Area; and (2)
The Connecticut Portion of the New York-Northern New Jersey-Long
Island Ozone Nonattainment Area
Written comments (in duplicate if possible) on either the Greater
CT or the CT portion of the NY-northern NJ ozone nonattainment areas
should be sent to: David B. Conroy, EPA Region 1 (New England) Office,
One Congress Street, Suite 1100-CAQ, Boston, Massachusetts 02114-2023.
Copies of the State submittal and EPA's technical support document
are available for public inspection during normal business hours (9:00
A.M. to 4:00 P.M.) at the following addresses: U.S. Environmental
Protection Agency, Region 1 (New England), One Congress St., 11th
Floor, Boston, Massachusetts 02114-2023, telephone (617) 918-1664, and
at the Bureau of Air Management, Connecticut Department of
Environmental Protection, State Office Building, 79 Elm Street,
Hartford, CT 06106-5127. Please telephone in advance before visiting.
For general information contact: Jeff Butensky, (617) 918-1665.
Region I--Western Massachusetts--The Springfield (Western
Massachusetts) Ozone Nonattainment Area
Written comments (in duplicate if possible) should be sent to:
David B. Conroy at the EPA Region I (New England) Office, One Congress
Street, Suite 1100-CAQ, Boston, Massachusetts 02114-2023.
Copies of the State submittal and EPA's technical support document
are available for public inspection during normal business hours (9:00
A.M. to 4:00 P.M.) at the following addresses: U.S. Environmental
Protection Agency, Region 1 (New England), One Congress St., 11th
Floor, Boston, Massachusetts 02114-2023, telephone (617) 918-1664, and
at the Division of Air Quality Control, Department of Environmental
Protection, One Winter Street, 8th Floor, Boston, Massachusetts 02108.
Please telephone in advance before visiting.
For general information contact: Jeff Butensky (617) 918-1665.
Region II--New York-Northern New Jersey-Long Island (NY-NJ-CT); The
New Jersey portion of the Philadelphia-Wilmington-Trenton Ozone
Nonattainment Area
Written comments (in duplicate if possible) should be sent to:
Raymond Werner, Chief, Air Programs Branch, Environmental Protection
Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York
10007-1866.
Copies of the New Jersey submittals and EPA's technical support
document are available at the following addresses for inspection during
normal business hours: U.S. Environmental Protection Agency, Region 2
Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New
York 10007-1866 and at the New Jersey Department of Environmental
Protection, Office of Air Quality Management, Bureau of Air Quality
Planning, 401 East State Street, CN418, Trenton, New Jersey 08625.
For general information contact: Paul Truchan (212) 637-4249 or
Kirk Wieber (212) 637-3381.
Region III--Baltimore (MD) Ozone Nonattainment Area
Written comments (in duplicate if possible) should be sent to David
L. Arnold, Chief, Ozone & Mobile Sources Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103; and the Maryland Department
of the Environment, 2500 Broening Highway, Baltimore, Maryland 21224.
For general information contact: Cristina Fernandez, (215) 814-
2178. Or by e-mail at fernandez.cristina@epa.gov.
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Region III--Philadelphia-Wilmington-Trenton (PA-NJ-DE-MD); The
Delaware portion of the Philadelphia-Wilmington-Trenton Ozone
Nonattainment Area
Written comments (in duplicate if possible) should be mailed to
David L. Arnold, Chief, Ozone & Mobile Sources Branch, Mailcode 3AP21,
U.S. Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103; and the Delaware Department
of Natural Resources & Environmental Control, 89 Kings Highway, Dover,
Delaware 19901.
For general information contact: Rose Quinto, (215) 814-2182, or by
e-mail at quinto.rose@epa.gov.
Region III--Philadelphia-Wilmington-Trenton (PA-NJ-DE-MD); The
Maryland Portion of the Philadelphia-Wilmington-Trenton Ozone
Nonattainment Area
Written comments (in duplicate if possible) may be mailed to David
L. Arnold, Chief, Ozone & Mobile Sources Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to
this action are available for public inspection during normal business
hours at the Air Protection Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103;
and the Maryland Department of the Environment, 2500 Broening Highway,
Baltimore, Maryland, 21224.
For general information contact: Cristina Fernandez, (215) 814--
2178. Or by e-mail at fernandez.cristina@epa.gov.
Region III--Philadelphia-Wilmington-Trenton (PA-NJ-DE-MD); The
Pennsylvania Portion of the Philadelphia-Wilmington-Trenton Ozone
Nonattainment Area
Written comments (in duplicate if possible) may be mailed to: David
L. Arnold, Chief, Ozone & Mobile Sources Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103; and the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality, P.O. Box
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
For general information contact: Christopher Cripps, (215) 814-
2179. Or by e-mail at cripps.christopher@epa.gov.
Region III--Metropolitan Washington (DC-MD-VA) Ozone Nonattainment
Area
Written comments (in duplicate if possible) may be mailed to David
L. Arnold, Chief, Ozone & Mobile Sources Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103; and the District of Columbia
Department of Public Health, Air Quality Division, 51 N Street, N.E.,
Washington, DC 20002; and the Maryland Department of the Environment,
2500 Broening Highway, Baltimore, Maryland, 21224; and the Virginia
Department of Environmental Quality, 629 East Main Street, Richmond,
Virginia, 23219.
For general information contact: Christopher Cripps, (215) 814-
2179, at the EPA Region III address above, or by e-mail at
cripps.christopher@epa.gov.
Region IV--Atlanta (GA) Ozone Nonattainment Area
Written comments (in duplicate if possible) should be mailed to:
Scott M. Martin, U.S. Environmental Protection Agency, Region 4, Air
Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303.
Copies of the State submittal are available at the following
addresses for inspection during normal business hours: Environmental
Protection Agency, Region 4, Air Planning Branch, 61 Forsyth Street,
SW, Atlanta, Georgia 30303-8960; and the Air Protection Branch, Georgia
Environmental Protection Division, Georgia Department of Natural
Resources, 4244 International Parkway, Suite 120, Atlanta, Georgia
30354. Telephone (404) 363-7000.
For general information contact: Scott Martin at (404) 562-9036.
Region V--Chicago-Gary-Lake County (IL; IN); Illinois and Indiana
Portions of the Chicago-Gary-Lake County Ozone Nonattainment Area
Written comments (in duplicate if possible) on either the Illinois
or Indiana portions should be mailed to: Jay Bortzer, Chief, Regulation
Development Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Copies of the State submittal and EPA's technical support document
are available for public inspection during normal business hours at the
following address: United States Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. (Please telephone Mark Palermo at (312) 886-
6082 before visiting the Region 5 Office.)
For general information contact: Edward Doty, Regulation
Development Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, Telephone Number (312) 886-6057, e-mail address
doty.edward@epamail.epa.gov.
Region V--Milwaukee-Racine (WI) Ozone Nonattainment Area
Written comments (in duplicate if possible) should be mailed to:
Carlton Nash, Chief, Regulation Development Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Copies of the State submittal and EPA's technical support document
are available for public inspection during normal business hours at the
following address: United States Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. (Please telephone Michael G. Leslie at (312)
353-6680 before visiting the Region 5 Office.)
For general information contact: Michael G. Leslie, Regulation
Development Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, Telephone Number (312) 353-6680.
Region VI--Houston-Galveston-Brazoria (TX) Ozone Nonattainment Area
Written comments (in duplicate if possible) should be mailed to Mr.
Thomas Diggs, Chief, Air Planning Section (6PD-L), Environmental
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Protection Agency, telephone: (214) 665-7214.
Copies of the documents relevant to this action, including the
technical support document, are available for public inspection during
normal business hours at the following addresses: Environmental
Protection Agency, Region 6, Air Planning Section (6PD-L), Multimedia
Planning and Permitting Division, 1445 Ross Avenue, Dallas, Texas
75202-2733, telephone: (214) 665-7214; and the Texas Natural Resource
Conservation Commission, Office of Air Quality, 12124 Park 35 Circle,
Austin, Texas 78753. Interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least 2 working days in advance.
For general information contact: Mr. Guy R. Donaldson, Air Planning
Section (6PD-L), Multimedia Planning and Permitting Division,
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733, telephone: (214) 665-7242.
The contents of this preamble are listed in the following outline:
I. Background Information
A. What Did We Propose On December 16, 1999?
B. What Is Transportation Conformity?
C. What Are Motor Vehicle Emissions Budgets?
D. Which Motor Vehicle Emissions Budgets Usually Apply?
II. What Is EPA Proposing Today?
A. Clarification of the Applicability of Revised Budgets
B. Additional Option for Timing of Budget
Revision Following MOBILE6
C. Reopening of the Comment Period
III. Administrative Requirements
I. Background Information
A. What Did We Propose on December 16, 1999?
We proposed to conditionally or fully approve, and in the
alternative to disapprove, ozone attainment demonstration (SIPs) for
ten areas. The ten areas are described below. Our proposals, all of
which were published on December 16, 1999, contain a full explanation
of the background and proposed actions for the following areas:
Atlanta, 64 FR 70478; Houston-Galveston, 64 FR 70548; Metropolitan
Washington, DC, 64 FR 70460; Milwaukee-Racine, 64 FR 70531;
Springfield, 64 FR 70319; Greater Connecticut, 64 FR 70332; Baltimore,
64 FR 70397; Chicago-Gary-Lake County, 64 FR 70514 and 64 FR 70496;
Philadelphia-Wilmington-Trenton, 64 FR 70412, 64 FR 70428, 64 FR 70444
and 64 FR 70380; and New York-Northern New Jersey-Long Island, 64 FR
70380, 64 FR 70348, 64 FR 70364. For more detail, see the December
proposals as cited above.
In order to conditionally or fully approve the attainment
demonstration SIPs, we proposed that several areas needed to commit to
adopt additional control measures to achieve the level of emissions
reductions that we identified as necessary to attain the 1-hour ozone
standard. We also proposed that these areas must commit to recalculate
and submit revised motor vehicle emissions budgets that include the
effects of the measures that are ultimately adopted, if those measures
pertain to motor vehicles. We explain the term ``motor vehicle
emissions budget'' in item C below.
In addition, we proposed that where a SIP includes the benefits of
EPA's Tier 2/Sulfur program, the State must commit to revise the SIP's
motor vehicle emissions budgets within 1 year after we release the
MOBILE6 model. This commitment would be necessary in order for us to
approve the SIP.
Our December 16, 1999 proposals also addressed many other issues
that are not directly relevant to today's supplemental proposal. We
direct the reader to the December proposals for more details.
B. What Is Transportation Conformity?
Transportation conformity is a Clean Air Act (CAA) requirement for
metropolitan planning organizations and the U.S. Department of
Transportation to ensure that federally supported highway and transit
activities are consistent with (``conform to'') the SIP. Conformity to
a SIP means that an action will not cause or contribute to new
violations; worsen existing violations; or delay timely attainment.
The conformity requirements are established by CAA section 176(c).
We issued the transportation conformity rule (40 CFR part 93) to
implement this CAA requirement.
C. What Are Motor Vehicle Emissions Budgets?
As described in CAA section 176(c)(2)(A), attainment demonstrations
necessarily include estimates of motor vehicle emissions to help areas
reach attainment. These estimates act as a budget or ceiling for
emissions from motor vehicles, and are used in conformity to determine
whether transportation plans and projects conform to the attainment
SIP. In order for transportation plans and projects to conform,
estimated emissions from transportation plans and projects must not
exceed the emission budgets contained in the attainment demonstration.
D. Which Motor Vehicle Emissions Budgets Usually Apply?
According to the transportation conformity rule, motor vehicle
emissions budgets (``budgets'') in a submitted SIP apply for conformity
purposes even before we have approved the SIP, under certain
circumstances. First, there must not be any other approved SIP budgets
that have been established for the same timeframe and with respect to
the same CAA requirements. For example, if there is already an approved
attainment demonstration SIP that establishes budgets for the
attainment date, and the State submits a revision to those budgets, the
newly submitted budgets do not apply for conformity purposes until we
have approved them into the SIP.
Second, submitted SIP budgets cannot be used before we have
approved the SIP unless we have found that the submitted SIP budgets
are adequate for conformity purposes. Our process for determining
adequacy is explained at 40 CFR 93.118(e) and EPA's May 14, 1999 memo
entitled, ``Conformity Guidance on Implementation of March 2, 1999
Conformity Court Decision.''
For more details about the applicability of submitted and approved
budgets, see 61 FR 36117 (July 9, 1996) and 62 FR 43783 (August 15,
1997).
II. What Is EPA Proposing Today?
Today, we are proposing to supplement and clarify our December 16,
1999 proposals to conditionally or fully approve (and disapprove in the
alternative) the attainment demonstration SIPs for ten areas. As
discussed below, our supplemental notice addresses two issues
specifically pertaining to the motor vehicle emissions budgets in these
SIPs.
In addition, we are reopening the comment period so the public may
comment on these two issues and may consider and comment on any
additional materials that have been placed in the docket for each of
these proposed rules close to or after the February 14, 2000 date of
the initial comment period. We are also reopening the comment period
for all issues with respect to the Pennsylvania portion of the
Philadelphia-Wilmington-Trenton nonattainment area based on requests
received from the State of Pennsylvania and other interested parties
during the initial comment period.
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A. Clarification of the Applicability of Revised Budgets
1. How Are We Proposing to Clarify the Applicability of Revised
Budgets?
In today's notice, we are proposing to clarify what occurs if we
finalize approval or conditional approval of any of the December 16,
1999 SIPs based on a State commitment to revise the budgets in the
future. If this occurs, the approved SIP budgets will apply for
conformity purposes only until the revised budgets have been submitted
and we have found the submitted budgets to be adequate for conformity
purposes.
In other words, when the State submits revised budgets as they have
committed, those revised budgets will apply for conformity purposes as
soon as we have found those budgets to be adequate for conformity
purposes and our adequacy finding is effective. The revised budgets
would then replace the budgets in the approved (or conditionally
approved) attainment demonstration SIP, provided that (as we expect)
the revised budgets are submitted as a revision to part of the
attainment demonstration SIP and are established for the same year as
those in the approved SIP.
2. Why Are We Proposing to Clarify the Applicability of Revised
Budgets?
In December 1999, we proposed that we would not approve the
attainment demonstration SIPs from certain areas unless the States
commit to revise the SIPs' budgets in the future. As described in
section I.A. of this preamble, emissions budgets must be revised to
reflect the effects of additional control measures that a State has
committed to adopt. The budgets must also be revised within 1 year
after we release MOBILE6, if the budget that is approved reflects the
benefits of our Tier 2/Sulfur regulation.
Since we are proposing to approve budgets only because the States
have committed to revise them, we want our approval of the budgets to
last only until adequate revised budgets are submitted pursuant to the
commitments. We believe the revised budgets should apply as soon as we
find them adequate; we do not believe it is appropriate to wait until
we have approved the revised attainment demonstration SIP. This is
because we know now that once we have confirmed that the revised
budgets are adequate, they will be more appropriate than the originally
approved budgets for conformity purposes.
Specifically, once an area has adopted additional measures that
affect motor vehicle emissions, an appropriate motor vehicle emissions
budget must reflect those measures. Otherwise, the budget would not be
the level of motor vehicle emissions that is consistent with the
attainment demonstration; it would be inappropriately large.
In addition, we know now that we cannot accurately estimate the
benefits of the Tier 2 program until we release the MOBILE6 model. We
are proposing to approve budgets based on interim approximations of
Tier 2 benefits only because the States are committing to recalculate
the budgets using MOBILE6 in a timely fashion.
If we do not clarify our proposed approval of the budgets, States
will revise their budgets as they have committed, but they will not be
able to start using them quickly for conformity purposes. This would
defeat the purpose of our original requirement for the budgets to be
revised quickly. In contrast, according to today's proposal, the
revised budgets could be used for conformity after we have completed
our adequacy review process, which we have committed to complete within
90 days after revisions are submitted, provided they are adequate.
This supplemental notice does not propose any change to the
existing transportation conformity rule or to the way it is normally
implemented with respect to other submitted and approved SIPs, which do
not contain commitments to revise the budgets.
3. How Does the 18-Month Clock Apply With Respect to These Budget
Revisions?
Section 93.104(e)(2) of the conformity rule requires conformity of
the transportation plan and transportation improvement program (TIP) to
be redetermined within 18 months following the date of a State's
initial submission of each SIP establishing a budget.
As described at 60 FR 44792 (August 29, 1995), the first submission
of a given type of SIP that establishes a budget (e.g., an ozone
attainment demonstration) starts the 18-month clock for redetermining
conformity. However, the 18-month clock is unaffected by subsequent
changes to that submitted SIP.
Therefore, the revisions to the attainment demonstration SIPs to
reflect additional measures or MOBILE6 will not start a new 18-month
clock. Of course, whenever conformity is eventually determined in
accordance with the 18-month clock, the demonstration must use whatever
budgets are applicable at that time. If an initial submission starts
the 18-month clock but then is changed and the revised budgets are
found adequate, any subsequent conformity determination must use the
new, adequate budgets.
Section 93.104(e)(3) also requires conformity of the transportation
plan and TIP to be redetermined 18 months following our approval of a
SIP that establishes or revises a budget. If we conditionally approve
an ozone attainment demonstration, an 18-month clock will be started on
the effective date of our conditional approval. A subsequent conversion
of the conditional approval to full approval will not start another 18-
month clock, unless the budgets we are approving have changed since the
conditional approval.
B. Additional Option for Timing of Budget Revision Following MOBILE6
1. What Is the Additional Option?
In our December 16, 1999 proposal to approve and/or disapprove SIPs
for ten urban areas, we stated that if a SIP relied on Tier 2 benefits
to demonstrate attainment, States would need to commit to revise their
motor vehicle emissions budgets within 1 year after we release MOBILE6,
in order for us to approve the SIP.
We proposed that States recalculate their budgets using MOBILE6
because the emission reduction benefits of Tier 2 cannot be properly
estimated until MOBILE6 is released. The estimates of Tier 2 benefits
that are currently in submitted SIPs are interim approximations.
In this supplemental notice we are proposing that the affected
States may have a 1-year extension of time to revise their emissions
budgets, under certain circumstances. Specifically, a State may commit
to revise its SIP's budgets within 2 years after MOBILE6 is released,
if the State also commits that conformity will not be determined during
the additional year unless there are adequate SIP budgets in place that
were developed using MOBILE6 \1\. As part of this commitment, we also
are proposing that States inform affected metropolitan planning
organizations and their State transportation departments of this
requirement.
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\1\ This concept was discussed in a letter dated March 6, 2000
from John S. Seitz, Director, Office of Air Quality Planning and
Standards to Ralph Marquez, Commissioner, Texas Natural Resources
Conservation Commission.
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States may opt to commit to revise their emissions budgets 1 year
after the release of MOBILE6, as originally proposed on December 16,
1999. Or, States may commit to the new option, i.e., to revise their
budgets 2 years
[[Page 46387]]
following the release of MOBILE6, provided that conformity is not
determined without adequate MOBILE6 SIP budgets during the second year.
Any SIPs that rely on Tier 2 benefits must be accompanied by one of
these two types of commitments in order for us to find the budgets
adequate for conformity purposes, and in order for us to finalize
approval of the SIP. The commitment must be subject to a public hearing
and fully enforceable as part of the SIP before we can finalize
approval of the SIP.
2. How Is ``Release of MOBILE6'' Defined?
We will publish a notice of availability in the Federal Register
that announces the formal release of MOBILE6. The date of publication
of that Federal Register notice will constitute ``release of MOBILE6''
for the purposes of the commitments discussed in this supplemental
proposal.
3. Why Are We Proposing This Additional Option?
We are proposing to provide States with this additional option in
response to a comment on the December 16, 1999 proposal. That comment
indicated that in some areas, allowing more than 1 year to revise and
adopt a new motor vehicle emissions budget based on the MOBILE6 model
would better suit an area's schedule for SIP revisions and updates.
We believe that allowing areas an additional year to revise their
budgets using MOBILE6 will not cause any environmental harm as long as
during that time there are no new conformity determinations that rely
on the older MOBILE5 budgets.
C. Reopening of the Public Comment Period
The EPA is reopening the comment period for 30 days to take comment
on the proposed approach, discussed above. In addition, we are
reopening the comment period for all ten areas to address additional
information that has been placed in the docket close to or since the
initial comment period concluded on February 14, 2000. In general,
these materials consist of motor vehicle emissions budgets, and revised
or additional commitments or reaffirmations submitted by the States.
Interested persons should contact the appropriate regional contact
listed in the SUPPLEMENTARY INFORMATION section with any questions
regarding whether new information has been placed in the docket for a
specific proposed action.
In addition, based on requests received during the initial comment
period, EPA is reopening the comment period for 30 days with respect to
all issues concerning the Pennsylvania portion of the Philadelphia-
Wilmington-Trenton area.
We are not, however, reopening the separate comment period on the
adequacy of motor vehicle emissions budgets, which was started by
notification on our adequacy website. Notably, comments on the adequacy
of motor vehicle emissions budgets are accepted through a distinct,
administrative process established by our conformity regulations, known
as adequacy review. That process was not started for any area covered
by today's notice until all materials relevant to the budgets had been
submitted.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
C. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly affects or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments, or EPA consults
with those governments. If EPA complies by consulting, Executive Order
13084 requires EPA to provide to OMB, in a separately identified
section of the preamble to the rule, a description of the extent of
EPA's prior consultation with representatives of affected tribal
governments, a summary of the nature of their concerns, and a statement
supporting the need to issue the regulation. In addition, Executive
Order 13084 requires EPA to develop an effective process permitting
elected officials and other representatives of Indian tribal
governments ``to provide meaningful and timely input in the development
of regulatory policies on matters that significantly or uniquely affect
their communities.''
Today's proposed rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
D. Executive Order 13132
Executive Order 13132, Federalism (64 FR 43255, August 10, 1999),
revokes and replaces Executive Orders 12612 (Federalism) and 12875
(Enhancing the Intergovernmental Partnership). Executive Order 13132
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive Order
to include regulations that 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.'' Under Executive Order 13132, EPA may
not issue a regulation that has federalism implications, that imposes
substantial direct compliance costs, and that is not required by
statute, unless the Federal government provides the funds necessary to
pay the direct compliance costs incurred by State and local
governments, or EPA consults with State and local officials early in
the process of developing the proposed regulation. The EPA also may not
issue a regulation that has federalism implications and that preempts
State law unless the Agency consults with State and local officials
early in the process of developing the proposed regulation.
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the
[[Page 46388]]
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, because it 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 CAA. Thus, the requirements of
section 6 of the Executive Order do not apply to this rule.
E. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency to conduct a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions.
This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the CAA do not create any new requirements but
simply approve requirements that the State is already imposing.
Therefore, because the Federal SIP approval does not create any new
requirements, I certify that this action will not have a significant
economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal/State relationship under
the CAA, preparation of flexibility analysis would constitute Federal
inquiry into the economic reasonableness of State action. The CAA
forbids EPA to base its actions concerning SIPs on such grounds. Union
Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.
7410(a)(2).
If the conditional approval is converted to a disapproval under
section 110(k), based on a State's failure to meet the commitment, it
will not affect any existing State requirements applicable to small
entities. Federal disapproval of the State submittal does not affect
State-enforceability. Moreover, EPA's disapproval of the submittal does
not impose any new requirements. Therefore, I certify that such a
proposed disapproval action will not have a significant economic impact
on a substantial number of small entities because it would not remove
existing requirements nor would it substitute a new Federal
requirement.
The EPA's alternative proposed disapproval of the State request
under section 110 and subchapter I, part D of the CAA would not affect
any existing requirements applicable to small entities. Any pre-
existing Federal requirements would remain in place after this
disapproval. Federal disapproval of the State submittal does not affect
State-enforceability. Moreover EPA's disapproval of the submittal would
not impose any new Federal requirements. Therefore, I certify that the
proposed disapproval would not have a significant impact on a
substantial number of small entities.
F. Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the approval action proposed does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action proposes to
approve pre-existing requirements under State or local law, and imposes
no new requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
proposed action.
Sections 202 and 205 do not apply to the proposed disapproval
because the proposed disapproval of the SIP submittal would not, in and
of itself, constitute a Federal mandate because it would not impose an
enforceable duty on any entity. In addition, the CAA does not permit
EPA to consider the types of analyses described in section 202 in
determining whether a SIP submittal meets the CAA. Finally, section 203
does not apply to the proposed disapproval because it would affect only
the State governments, which are not small governments.
G. National Technology Transfer and Advancement Act (NTTAA)
Section 12 of the National Technology Transfer and Advancement Act
of 1995 requires Federal agencies to evaluate existing technical
standards when developing new regulations. To comply with NTTAA, EPA
must consider and use ``voluntary consensus standards'' (VCS) if
available and applicable when developing programs and policies unless
doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to the regulatory
actions in this supplemental notice. Today's actions do not require the
public to perform activities conducive to the use of VCS.
H. Paperwork Reduction Act
This supplemental notice of proposed rule does not impose any new
information collection requirements from EPA which require approval by
OMB under the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.
An Agency may not conduct or sponsor, and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 20, 2000.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 00-19122 Filed 7-27-00; 8:45 am]
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