[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16785-16790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06210]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0884; EPA-R05-OAR-2012-0970; FRL-9790-2]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Cleveland-Akron-Lorain and Columbus 1997 8-Hour Ozone Maintenance
Plan Revisions to Approved Motor Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the request by Ohio to revise the Cleveland-
Akron-Lorain and the Columbus, Ohio 1997 8-hour ozone maintenance air
quality State Implementation Plans (SIPs) under the Clean Air Act (CAA)
to replace the previously approved motor vehicle emissions budgets
(budgets) with budgets developed using EPA's Motor Vehicle Emissions
Simulator (MOVES) emissions model. Ohio submitted the SIP revision
requests to EPA on October 30, 2012, and December 12, 2012,
respectively.
DATES: This direct final rule will be effective May 20, 2013, unless
EPA receives adverse comments by April 18, 2013. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0884 and EPA-R05-OAR-2012-0970, by one of the following
methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office 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. EPA-R05-OAR-
2012-0884 and EPA-R05-OAR-2012-0970. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at www.regulations.gov, 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
www.regulations.gov or email. The www.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 email comment directly to EPA without
going through www.regulations.gov your email 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. Docket: All documents in the docket are listed
in the www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Anthony Maietta, Environmental
Scientist, at (312) 353-8777 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Scientist, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8777, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What is EPA approving?
II. What is the background for this action?
a. SIP Budgets and Transportation Conformity
b. Prior Approval of Budgets
c. The MOVES Emissions Model and Regional Transportation
Conformity Grace Period
d. Submission of New Budgets Based on MOVES2010a
III. What are the criteria for approval?
IV. What Is EPA's analysis of the State's submittal?
a. The Revised Inventories
b. Approvability of the MOVES2010a-Based Budgets
c. Applicability of MOBILE6.2-Based Budgets
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
[[Page 16786]]
I. What is EPA approving?
EPA is approving new MOVES2010a-based budgets for the Cleveland-
Akron-Lorain and the Columbus, Ohio, 1997 8-hour ozone maintenance
areas. The Cleveland-Akron-Lorain and the Columbus, Ohio areas were
redesignated to attainment of the 1997 8-hour ozone standard effective
September 15, 2009, (74 FR 47414 and 74 FR 47404), and MOBILE6.2-based
budgets were approved in those actions. The newly submitted MOVES2010a-
based budgets will replace the existing MOBILE6.2-based budgets in the
Ohio 1997 8-hour ozone maintenance plans and must then be used in
future transportation conformity analyses for the area. At that time,
the previously approved MOBILE6.2-based budgets would no longer be
applicable for transportation conformity purposes.
The Cleveland-Akron-Lorain and the Columbus, Ohio 1997 8-hour ozone
maintenance areas must use the MOVES2010a-based budgets starting on the
effective date of this action. See the official release of the
MOVES2010 emissions model (75 FR 9411-9414) for background, and section
II.(c) below for details.
II. What is the background for this action?
a. SIP Budgets and Transportation Conformity
Under the CAA, states are required to submit, at various times,
control strategy SIP revisions and maintenance plans for nonattainment
and maintenance areas for a given National Ambient Air Quality Standard
(NAAQS). These emission control strategy SIP revisions (e.g.,
reasonable further progress (RFP) and attainment demonstration SIP
revisions) and maintenance plans include budgets of on-road mobile
source emissions for criteria pollutants and/or their precursors to
address pollution from cars, trucks and other on-road vehicles. These
mobile source SIP budgets are the portions of the total emissions that
are allocated to on-road vehicle use that, together with emissions from
other sources in the area, will provide for attainment or maintenance
if they are not exceeded. The budget serves as a ceiling on emissions
from an area's planned transportation system. For more information
about budgets, see the preamble to the November 24, 1993,
transportation conformity rule (58 FR 62188).
Under section 176(c) of the CAA, transportation plans,
Transportation Improvement Programs (TIPs), and transportation projects
must ``conform'' to (i.e., be consistent with) the SIP before they can
be adopted or approved. Conformity to the SIP means that transportation
activities will not cause new air quality violations, worsen existing
air quality violations, or delay timely attainment of the NAAQS or
delay an interim milestone. The transportation conformity regulations
can be found at 40 CFR part 51, subpart T, and part 93.
In general, before budgets can be used in conformity
determinations, EPA must affirmatively find the budgets adequate.
However, budgets that are replacing approved budgets must be found
adequate and approved before budgets can replace older budgets. If the
submitted SIP budgets are meant to replace budgets for the same
purpose, as is the case with Ohio's MOVES2010a 1997 8-hour ozone
maintenance plan budgets, EPA must approve the revised SIP and budgets,
and must affirm that they are adequate at the same time. Once EPA
approves revised budgets into the SIP, they must be used by state and
Federal agencies in determining whether transportation activities
conform to the SIP as required by section 176(c) of the CAA. EPA's
substantive criteria for determining the adequacy of budgets are set
out in 40 CFR 93.118(e)(4).
b. Prior Approval of Budgets
EPA had previously approved budgets for the Cleveland-Akron-Lorain
and the Columbus, Ohio, 8-hour ozone maintenance areas for volatile
organic compounds (VOCs) and nitrogen oxides (NOX) for the
year 2012 and 2020 on September 15, 2009, (74 FR 47414 and 74 FR
47404). These budgets were based on EPA's MOBILE6.2 emissions model.
The ozone maintenance plans established 2012 and 2020 budgets for the
Cleveland-Akron-Lorain and the Columbus, Ohio areas. The 2012 approved
budgets for VOCs NOX and the 2020 budgets for VOCs and
NOX were approved in the September 15, 2009, rulemakings.
These budgets demonstrated a reduction in emissions from the monitored
attainment year and included a margin of safety.
c. The MOVES Emissions Model and Regional Transportation Conformity
Grace Period
The MOVES model is EPA's state of the art tool for estimating
highway emissions. The model is based on analyses of millions of
emission test results and considerable advances in the agency's
understanding of vehicle emissions. MOVES incorporates the latest
emissions data, more sophisticated calculation algorithms, increased
user flexibility, new software design, and significant new capabilities
relative to those reflected in MOBILE6.2.
EPA announced the release of MOVES2010 in March 2010 (75 FR 9411).
EPA subsequently released two minor model revisions: MOVES2010a in
September 2010 and MOVES2010b in April 2012. Both of these minor
revisions enhance model performance and do not significantly affect the
criteria pollutant emissions results from MOVES2010. MOVES will be
required for new regional emissions analyses for transportation
conformity determinations (``regional conformity analyses'') outside of
California that begin after March 2, 2013, or when EPA approves MOVES-
based budgets, whichever comes first.\1\ The MOVES grace period for
regional conformity analyses applies to both the use of MOVES2010 and
approved minor revisions (e.g., MOVES2010a and MOVES2010b). For more
information, see EPA's ``Policy Guidance on the Use of MOVES2010 and
Subsequent Minor Model Revisions for State Implementation Plan
Development, Transportation Conformity, and Other Purposes'' (April
2012), available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm#models.
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\1\ Upon the release of MOVES2010, EPA established a two-year
grace period before MOVES is required to be used for regional
conformity analyses (75 FR 9411, March 2, 2010). EPA subsequently
promulgated a final rule on February 27, 2012 to provide an
additional year before MOVES is required for these analyses (77 FR
11394). In this case the grace period ends on March 2, 2013.
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EPA has encouraged areas to examine how MOVES would affect future
transportation plan and TIP conformity determinations so, if necessary,
SIPs and budgets could be revised with MOVES or transportation plans
and TIPs could be revised (as appropriate) prior to the end of the
regional transportation conformity grace period. EPA has also
encouraged state and local air agencies to consider how the release of
MOVES would affect analyses supporting SIP submissions under
development (77 FR 9411, March 2, 2010, and 77 FR 11394, February 27,
2012).
The Metropolitan Planning Organizations (MPOs) for the Cleveland-
Akron-Lorain and the Columbus, Ohio areas have used MOVES2010a emission
rates with the transportation network information to estimate emissions
in the years of the transportation plan and also for the SIP. The
budgets have been revised using the latest planning assumptions
including population and
[[Page 16787]]
employment updates. In addition, newer vehicle registration data has
been used to update the age distribution of the vehicle fleet. Since
MOVES2010 (or a minor model revision) will be required for conformity
analyses after the grace period ends, the MPOs have concluded that
updating the budgets with MOVES2010a will prepare the areas for the
transition to using MOVES for conformity analyses and determinations.
The interagency consultation group has had extensive consultation on
the requirements and need for new budgets.
d. Submission of New Budgets Based on MOVES2010a
On October 30, 2012, and December 12, 2012, Ohio submitted final
budgets based on MOVES2010a that cover the Ohio areas of Cleveland-
Akron-Lorain and Columbus, Ohio. Ohio received no comments during the
public review and comment period.
The MOVES2010a based budgets will replace the prior approved
MOBILE6.2 based budgets and are for the same years and pollutants/
precursors. The new MOVES2010a based budgets are for the years 2012 and
2020 for both VOCs and NOX and are detailed in Tables 5 and
6 of this notice. Ohio has also provided total emissions including
mobile emissions based on MOVES2010a, for the attainment year of 2006,
and the 2020 maintenance year. The safety margin is defined as the
reduction in emissions from the base year (in this case the 2006
attainment year) to the final year of the maintenance plan (in this
case the 2020 year). The total emissions include point, area, non-road
mobile and on-road mobile sources. The available safety margin for each
area is shown in Tables 1 and 2.
Table 1--Table of Total Emissions With MOVES2010a Mobile Emissions--Cleveland-Akron-Lorain
[Tons per summer day]
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Year 2006 2020 Safety margin
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VOC............................................................. 121.59 37.54 84.05
NOX............................................................. 274.22 94.23 179.99
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Table 2--Table of Total Emissions With MOVES2010a Mobile Emissions--Columbus
[Tons per summer day]
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Year 2006 2020 Safety margin
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VOC............................................................. 260.58 128.59 131.99
NOX............................................................. 330.99 127.29 203.70
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The MPOs have added only a small portion of the overall safety
margin available for NOX and VOCs to the budgets for 2012
and 2020. The submittal demonstrates how all emissions decline from the
attainment year of 2006. In 2006, the total estimated NOX
emissions from all sources in the Cleveland-Akron-Lorain area
(including mobile, point, area and non-road sources) is 274.22 tons per
day (tpd) and the total VOC emissions, for the 2006 attainment year,
from all sources is 121.59 tpd. The 2020 estimated emissions for total
NOX from all sources is 94.23 tpd and the total VOC
emissions from all sources is 37.54 tpd. This reduction in emissions
demonstrates that the area will continue below the attainment level of
emissions and maintain the 1997 8-hour ozone standard. The mobile
source emissions, when included with point, area and non-road sources
continue to demonstrate maintenance of the attainment level of
emissions in the Ohio areas of Cleveland-Akron-Lorain and Columbus,
Ohio.
No additional control measures were needed to maintain the 1997
ozone standard in the Cleveland-Akron-Lorain and the Columbus, Ohio
areas. An appropriate safety margin for NOX and VOCs was
decided by the interagency consultation group (the interagency
consultation group as required by the state conformity agreement
consists of representatives from the Federal Highway Administration,
the Ohio Environmental Protection Agency (OEPA), Ohio Department of
Transportation, and EPA). The submitted budgets for the Cleveland-
Akron-Lorain and the Columbus, Ohio areas are shown in Tables 5 and 6.
These budgets will continue to keep emissions in the Cleveland-Akron-
Lorain and the Columbus, Ohio areas below the calculated attainment
year of emissions.
III. What are the criteria for approval?
EPA requires that revisions to existing SIPs and budgets continue
to meet applicable requirements (e.g., RFP, attainment, or
maintenance). States that revise their existing SIPs to include MOVES
budgets must therefore show that the SIP continues to meet applicable
requirements with the new level of motor vehicle emissions contained in
the budgets. The SIP must also meet any applicable SIP requirements
under CAA section 110.
In addition, the transportation conformity rule (at 40 CFR
93.118(e)(4)(iv)) requires that ``the budgets, when considered together
with all other emissions sources, is consistent with applicable
requirements for RFP, attainment, or maintenance (whichever is relevant
to the given implementation plan submission).'' This and the other
adequacy criteria found at 40 CFR 93.118(e)(4) must be satisfied before
EPA can find submitted budgets adequate and approve them for conformity
purposes.
In addition, areas can revise their budgets and inventories using
MOVES without revising their entire SIP if (1) the SIP continues to
meet applicable requirements when the previous motor vehicle emissions
inventories are replaced with MOVES base year and milestone,
attainment, or maintenance year inventories, and (2) the state can
document that growth and control strategy assumptions for non-motor
vehicle sources continue to be valid and any minor updates do not
change the overall conclusions of the SIP. For example, the first
criterion could be satisfied by demonstrating that the emissions
reductions between the baseline/attainment year and maintenance year
are the same or greater using MOVES than they were previously. The
submittal meets this requirement as described below in section V.
For more information, see EPA's latest ``Policy Guidance on the Use
of MOVES2010 for SIP Development, Transportation Conformity, and Other
[[Page 16788]]
Purposes'' (April 2012), available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm#models.
IV. What is EPA's analysis of the State's submittal?
a. The Revised Inventories
The Ohio SIP revision requests for the Cleveland-Akron-Lorain and
the Columbus, Ohio 1997 ozone maintenance plans seek to revise only the
on-road mobile source inventories and not the non-road inventories,
area source inventories or point source inventories for the 2012 and
2020 years for which the SIP revises the budgets. OEPA has certified
that the control strategies remain the same as in the original SIP, and
that no other control strategies are necessary. This is confirmed by
the monitoring data for the Cleveland-Akron-Lorain and the Columbus,
Ohio areas, which continue to monitor attainment for the 1997 8-hour
ozone standard. Thus, the current control strategies are continuing to
keep the area in attainment of the NAAQS.
EPA has reviewed the emission estimates for point, area and non-
road sources and concluded that no major changes to the projections
need to be made. Ohio finds that growth and control strategy
assumptions for non-mobile sources (i.e., area, non-road, and point)
have not changed significantly from the original submittal for the
years 2006, 2012, and 2020. As a result, the growth and control
strategy assumptions for the non-mobile sources for the years 2006,
2012, and 2020 continue to be valid and do not affect the overall
conclusions of the plan.
Ohio's submissions confirm that the SIP continues to demonstrate
its purpose of maintaining the 1997 ozone standard because the
emissions are continuing to decrease from the attainment year to the
final year of the maintenance plan. The total emissions in the revised
SIP (which includes MOVES2010a emissions from mobile sources) as shown
in Tables 1 and 2 demonstrate that emissions in the Cleveland-Akron-
Lorain and the Columbus, Ohio areas are continuing to decline and
remain below the attainment levels.
Ohio has submitted MOVES2010a-based budgets for the Cleveland-
Akron-Lorain and the Columbus, Ohio areas that are clearly identified
in the submittals. The budgets are displayed in Tables 5 and 6.
b. Approvability of the MOVES2010a-Based Budgets
EPA is approving the MOVES2010a-based budgets submitted by Ohio for
use in determining transportation conformity in the Cleveland-Akron-
Lorain and the Columbus, Ohio 1997 ozone maintenance areas. EPA is
making this approval based on our evaluation of these budgets using the
adequacy criteria found in 40 CFR 93.118(e)(4) and our in-depth
evaluation of the State's submittals and SIP requirements. EPA has
determined, based on its evaluation, that the area's maintenance plans
would continue to serve its intended purpose with the submitted
MOVES2010a-based budgets and that the budgets themselves meet the
adequacy criteria in the conformity rule at 40 CFR 93.118(e)(4).
The adequacy criteria found in 40 CFR 93.118(e)(4) are as follows:
The submitted SIP was endorsed by [the Governor/Governor's
designee] and was subject to a state public hearing (Sec.
93.118(e)(4)(i));
Before the control strategy implementation plan was
submitted to EPA, consultation among Federal, state, and local agencies
occurred, and the state fully documented the submittal (Sec.
93.118(e)(4)(ii));
The budgets are clearly identified and precisely
quantified (Sec. 93.118(e)(4)(iii));
The budgets, when considered together with all other
emissions sources, are consistent with applicable requirements for RFP,
attainment, or maintenance (Sec. 93.118(e)(4)(iv));
The budgets are consistent with and clearly related to the
emissions inventory and control measures in the control strategy
implementation plan (Sec. 93.118(e)(4)(v)); and
The revisions explain and document changes to the previous
budgets, impacts on point and area source emissions and changes to
established safety margins and reasons for the changes (including the
basis for any changes related to emission factors or vehicle miles
traveled) (Sec. 93.118(e)(4)(vi)).
We find that Ohio has met all of the adequacy criteria. Public
hearing materials were submitted with the formal SIP revision request.
The interagency consultation group, which is composed of the state air
agencies, state departments of transportation, Federal Highway
Administration, EPA and the MPO for the area, has discussed and
reviewed the budgets developed with MOVES2010a and the safety margin
allocation. The budgets are clearly identified and precisely quantified
in the submittals. The budgets when considered with other emissions
sources (point, area, non-road) are consistent with continued
maintenance of the 1997 ozone standard. The budgets are clearly related
to the emissions inventory and control measures in the SIP. The changes
from the previous budgets are clearly explained with the change in the
model from MOBILE6.2 to MOVES2010a and the revised and updated planning
assumptions. The inputs to the model are detailed in the submittal. EPA
has reviewed the inputs to the MOVES2010a modeling and participated in
the consultation process. The Federal Highway Administration and the
Ohio Department of Transportation have taken a lead role in working
with the MPO to provide accurate, timely information and inputs to the
MOVES2010a model runs. The MPO network models provided the vehicle
miles of travel and other necessary data from the travel demand network
models.
The CAA requires that revisions to existing SIPs and budgets
continue to meet applicable requirements (in this case, maintenance).
Therefore, states that revise existing SIPs with MOVES must show that
the SIP continues to meet applicable requirements with the new level of
motor vehicle emissions calculated by the new model.
To that end, Ohio's submitted MOVES2010a based budgets meet EPA's
two criteria for revising budgets without revising the entire SIP:
(1) The SIP continues to meet applicable requirements when the
previous motor vehicle emissions inventories are replaced with
MOVES2010a base year and milestone, attainment, or maintenance year
inventories, and
(2) The state can document that growth and control strategy
assumptions for non-motor vehicle sources continue to be valid and any
minor updates do not change the overall conclusions of the SIP.
Ohio has documented that growth and control strategy assumptions
continue to be valid and do not change the overall conclusions of the
maintenance plan. The emission estimates for point, area and non-road
sources have not changed. Ohio finds that growth and control strategy
assumptions for non-mobile sources (i.e. area, non-road, and point)
from the original submittal for the years 2006, 2012, 2020 were
developed before the down-turn in the economy over the last several
years. Because of this, the factors included in the original submittal
may project more growth than actual into the future. As a result, the
growth and control strategy assumptions for the non-mobile sources for
the years 2006, 2012, and 2020 continue to be valid and do not affect
the overall conclusions of the plan.
[[Page 16789]]
Ohio's submissions confirm that the SIP continues to demonstrate
its purpose of maintaining the 1997 ozone standard because the
emissions are continuing to decrease from the attainment year to the
final year of the maintenance plan. The total emissions under the
revised SIP (which includes MOVES2010a emissions for mobile sources)
decrease from the 2006 attainment year to the year 2020 (the last year
of the maintenance plan). These totals demonstrate that emissions in
the Cleveland-Akron-Lorain and the Columbus, Ohio areas are continuing
to decline and remain below the attainment levels. Tables 3 and 4
display total emissions in both the Cleveland-Akron-Lorain and the
Columbus, Ohio areas including point, area, non-road, and mobile
sources and demonstrates the declining emissions from the 2006
attainment year.
Table 3--Table of Total Emissions With MOVES2010a Mobile Emissions--
Cleveland-Akron-Lorain
[Tons per summer day]
------------------------------------------------------------------------
Year 2006 2020
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VOC..................................... 121.59 37.54
NOX..................................... 274.22 94.23
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Table 4--Table of Total Emissions With MOVES2010a Mobile Emissions--
Columbus
[Tons per summer day]
------------------------------------------------------------------------
Year 2006 2020
------------------------------------------------------------------------
VOC..................................... 260.58 128.59
NOX..................................... 330.99 127.29
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Tables 5 and 6 below display the submitted budgets that are being
approved. The budgets include an appropriate margin of safety while
still maintaining total emissions below the attainment level.
Table 5--Table of Motor Vehicle Emission Budgets (MOVES) for the
Cleveland-Akron-Lorain 1997 Ozone Area
[Tons per summer day]
------------------------------------------------------------------------
Year 2012 2020
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VOC..................................... 81.54 43.17
NOX..................................... 189.27 108.36
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Table 6--Table of Motor Vehicle Emission Budgets (MOVES) for the
Columbus 1997 Ozone Area
[Tons per summer day]
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Year 2012 2020
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VOC..................................... 93.99 50.34
NOX..................................... 188.85 99.12
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Based on our review of the SIPs and the new budgets provided, EPA
has determined that the SIPs will continue to meet the requirements if
the revised motor vehicle emissions inventories are replaced with
MOVES2010a inventories.
c. Applicability of MOBILE6.2-Based Budgets
Pursuant to the State's requests, EPA's approval of the revised
budgets means that the existing MOBILE6.2-based budgets will no longer
be applicable for transportation conformity purposes upon the effective
date of this approval.
In addition, upon this EPA approval of the MOVES2010a-based
budgets, the regional transportation conformity grace period for using
MOBILE6 instead of MOVES2010 (and subsequent minor revisions) for the
pollutants included in these budgets ends for the Cleveland-Akron-
Lorain and Columbus, Ohio 1997 ozone maintenance area.\2\
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\2\ For more information, see EPA's ``Policy Guidance on the Use
of MOVES2010 and Subsequent Minor Revisions for State Implementation
Plan Development, Transportation Conformity, and Other Purposes''
(April 2012).
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V. What action is EPA taking?
EPA is approving the 2012 and 2020 submitted budgets for the
Cleveland-Akron-Lorain and Columbus, Ohio 1997 ozone maintenance plans.
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 20, 2013
without further notice unless we receive relevant adverse written
comments by April 18, 2013. 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. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective May
20, 2013.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible
[[Page 16790]]
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
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 action 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 20, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: March 4, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 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.
0
2. Section 52.1885 is amended by adding paragraph (ff)(13) to read as
follows:
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(ff) * * *
(13) Approval--On October 30, 2012, and December 12, 2012, Ohio
submitted a request to revise the approved MOBILE6.2 motor vehicle
emission budgets (budgets) in the 1997 8-hour ozone maintenance plans
for the Cleveland-Akron-Lorain and Columbus, Ohio areas. The budgets
are being revised with budgets developed with the MOVES2010a model. The
2012 motor vehicle emissions budgets for the Cleveland-Akron-Lorain,
Ohio area are 81.54 tpd VOC and 189.27 tpd NOX. The 2020
motor vehicle emissions budgets for the Cleveland-Akron-Lorain, Ohio
area are 43.17 tpd VOC and 108.36 tpd NOX. The 2012 motor
vehicle emissions budgets for the Columbus, Ohio area are 93.99 tpd VOC
and 188.85 tpd NOX. The 2020 motor vehicle emissions budgets
for the Columbus, Ohio area are 50.34 tpd VOC and 99.12 tpd
NOX.
* * * * *
[FR Doc. 2013-06210 Filed 3-18-13; 8:45 am]
BILLING CODE 6560-50-P