[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Rules and Regulations]
[Pages 28497-28501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11450]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0968; FRL-9812-2]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Canton-Massillon 1997 8-Hour Ozone Maintenance Plan Revision to
Approved Motor Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Under the Clean Air Act (CAA), EPA is approving the request by
Ohio to revise the Canton-Massillon, Ohio 1997 8-hour ozone maintenance
air quality State Implementation Plan (SIP) 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 request to EPA on
November 26, 2012.
DATES: This direct final rule will be effective July 15, 2013, unless
EPA receives adverse comments by June 14,
[[Page 28498]]
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-2012-0968, 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-
2012-0968. 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
Protection Specialist, at (312) 353-8777 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, 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
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
I. What is EPA approving?
EPA is approving new MOVES2010a-based budgets for the Canton-
Massillon, Ohio, 1997 8-hour ozone maintenance area that will replace
the MOBILE-based budgets in the SIP. The Canton-Massillon, Ohio area
was redesignated to attainment of the 1997 8-hour ozone standard
effective June 15, 2007, (72 FR 27648). MOBILE6.2-based budgets were
approved in that action. Upon the effective date of approval of the
MOVES-based budgets, they must then be used in future transportation
conformity analyses for the area as required by section 176(c) of the
CAA. 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 control strategy SIP
revisions and maintenance plans for nonattainment and maintenance areas
for a given National Ambient Air Quality Standard (NAAQS). These SIP
revisions and maintenance plans include budgets of on-road mobile
source emissions for criteria pollutants and/or their precursors.
Transportation plans and projects ``conform'' to (i.e., are consistent
with) the SIP when they will not cause or contribute to air quality
violations, or delay timely attainment of the NAAQS or an interim
milestone.
b. Prior Approval of Budgets
EPA previously approved budgets for the Canton-Massillon, Ohio, 8-
hour ozone maintenance area for volatile organic compounds (VOCs) and
nitrogen oxides (NOX). The area's ozone maintenance plan
established 2009 and 2018 budgets that demonstrated a reduction in
emissions from the monitored attainment year.
c. The MOVES Emissions Model
The MOVES model is EPA's state of the art tool for estimating
highway emissions. EPA announced the release of MOVES2010 in March 2010
(75 FR 9411). Use of the MOVES model is required for regional emissions
analyses for transportation conformity determinations outside of
California that begin after March 2, 2013.
MOVES2010a was used to estimate emissions in the Canton-Massillon
area for the same milestone years as the original budgets in the SIP.
The Ohio Environmental Protection Agency (OEPA) is revising the budgets
using the latest planning assumptions, including population and
employment updates. In addition, newer vehicle registration data has
been used to update the age distribution of the vehicle fleet. Updating
the budgets with MOVES2010a allows the area to continue to show
conformity to the SIP in plans, transportation improvement programs,
and projects. The interagency
[[Page 28499]]
consultation group has had extensive consultation on the requirements
and need for new budgets.
d. Submission of New Budgets Based on MOVES2010a
On November 26, 2012, Ohio submitted final budgets based on
MOVES2010a that cover the Canton-Massillon area. Ohio received no
comments during the public review and comment period.
The new MOVES2010a based budgets are for the years 2009 and 2018
for both VOCs and NOX and are detailed later in this notice.
Ohio has provided the area's total emissions from all sectors,
including mobile emissions based on MOVES2010a, for the attainment year
of 2004, the 2009 interim budget year, and the 2018 maintenance year.
The combined emissions reduction from all sectors between the years
2004 and 2018 is also shown. Total emissions include point, area, non-
road mobile and on-road mobile sources. The total emissions and
combined emissions reduction are shown in tables 1 and 2. It should be
noted that in tables 1 and 2, for on-road emissions of both VOC and
NOX for the years 2009 and 2018, a 15% safety margin has
been applied to reach the values shown.
Table 1--Total VOC Emissions With MOVES2010a Mobile Emissions in Canton-Massillon, Ohio
[Tons per day]
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Combined
2004 2018 emissions
Sector Attainment 2009 Interim Maintenance reduction
(2004-2018)
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Point........................................... 2.97 3.14 3.77 ..............
Area............................................ 21.03 20.49 21.93 ..............
On-road Mobile.................................. 22.56 19.17 9.02 ..............
Non-road Mobile................................. 5.44 4.06 3.36 ..............
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Total....................................... 52.00 46.86 38.08 13.92
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Table 2--Total NOX Emissions With MOVES2010a Mobile Emissions in Canton-Massillon, Ohio
[Tons per day]
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Combined
2004 2018 emissions
Sector Attainment 2009 Interim Maintenance reduction
(2004-2018)
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Point........................................... 4.85 4.16 4.72 ..............
Area............................................ 1.23 1.40 1.46 ..............
On-road Mobile.................................. 33.14 28.36 11.37 ..............
Non-road Mobile................................. 9.25 7.20 4.72 ..............
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Total....................................... 48.47 41.12 22.27 26.20
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The Stark County Area Transportation Study added a safety margin
that is only a portion of the attainment margin available for
NOX and VOCs to the budgets for 2009 and 2018. As shown in
tables 1 and 2, the submittal demonstrates how the area's emissions
decline from the attainment year of 2004 to maintain the 1997 8-hour
ozone standard.
No additional control measures were needed to maintain the 1997
ozone standard in the Canton-Massillon area. An appropriate safety
margin for NOX and VOCs was selected by the interagency
consultation group, which consists of the Federal Highway
Administration, OEPA, the Ohio Department of Transportation, and EPA.
The submitted budgets for the Canton-Massillon, Ohio area are shown in
table 3 below.
III. What are the criteria for approval?
EPA requires that revisions to existing SIPs and budgets continue
to meet applicable requirements (e.g., reasonable further progress,
attainment, or maintenance). The SIP must also meet any applicable SIP
requirements under CAA section 110. In addition, 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.
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. Ohio's November 26, 2012, submittal meets this requirement as
described in the next section.
For more information, see EPA's latest ``Policy Guidance on the Use
of MOVES2010 for SIP Development, Transportation Conformity, and Other
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 November 26, 2012, SIP revision request for the Canton-
Massillon, Ohio 1997 ozone maintenance plan seeks to revise only the
on-road mobile source inventories. OEPA has certified that the control
strategies remain the same as in the original SIP, and that no other
control strategies are necessary. OEPA also 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. This is supported by
[[Page 28500]]
the monitoring data for the Canton-Massillon area, which continues to
monitor attainment for the 1997 8-hour ozone standard.
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 2004, 2009, and 2018. As a result, the growth and control
strategy assumptions for the non-mobile sources for the years 2004,
2009, and 2018 continue to be valid and do not affect the overall
conclusions of the plan.
Ohio's submittal confirms that the total emissions in the revised
SIP (which includes MOVES2010a emissions from mobile sources) as shown
in tables 1 and 2 above demonstrate that emissions in the Canton-
Massillon, Ohio area continue to decline and remain below the
attainment levels.
Ohio has submitted MOVES 2010a-based budgets for the Canton-
Massillon, Ohio area that are clearly identified in the submittal. The
budgets are displayed in table 3.
Table 3--Motor Vehicle Emission Budgets (MOVES) for the Canton-Massillon
1997 Ozone Area (Stark County, Ohio) in tons per day
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Year 2009 2018
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VOC..................................... 19.17 9.02
NOX..................................... 28.36 11.37
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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 Canton-Massillon,
Ohio 1997 ozone maintenance area. EPA evaluated the MOVES-basaed
budgets using the adequacy criteria found in 40 CFR 93.118(e)(4), and
our in-depth evaluation of the State's submittal and SIP requirements.
Before submitting the revised budgets, OEPA followed all necessary
conformity procedures. The budgets are clearly identified and precisely
quantified in the submittal. The budgets, when considered with other
emissions sources, 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 appendix to
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 Miami Valley Regional Planning Commission
to provide accurate, timely information and inputs to the MOVES2010a
model run. The state has documented that growth and control strategy
assumptions for non-motor vehicle sources (i.e. area, non-road, and
point) continue to be valid and any minor updates do not change the
overall conclusions of the SIP.
Ohio's submission confirms that the SIP continues to demonstrate
maintenance of the 1997 ozone standard because the total emissions in
the revised SIP (including MOVES2010a emissions for mobile sources)
continue to decrease from the attainment year to the final year of the
maintenance plan, as shown in tables 1 and 2 above. The budgets include
an appropriate margin of safety while still maintaining total emissions
below the attainment level. The submitted budgets include an
appropriate margin of safety while still maintaining total emissions
below the attainment level.
Based on our review of the SIP and the new budgets provided, EPA
has determined that the SIP will continue to meet the requirements if
the motor vehicle emissions inventories are replaced with MOVES2010a-
based inventories.
c. Applicability of MOBILE6.2-Based Budgets
Upon the effective date of the approval of the revised budgets, the
state's existing MOBILE6.2-based budgets will no longer be applicable
for transportation conformity purposes.
V. What action is EPA taking?
EPA is approving the 2009 and 2018 submitted budgets for the
Canton-Massillon, Ohio 1997 ozone maintenance plan. 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 July 15, 2013 without further notice unless
we receive relevant adverse written comments by June 14, 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 July 15, 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.);
[[Page 28501]]
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 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 July 15, 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: April 30, 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)(14) to read as
follows:
Sec. 52.1885 Control Strategy: Ozone.
* * * * *
(ff) * * *
(14) Approval--On December 7, 2012, Ohio submitted a request to
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets)
in the 1997 8-hour ozone maintenance plan for the Canton-Massillon,
Ohio area. The budgets are being revised with budgets developed with
the MOVES2010a model. The 2009 motor vehicle emissions budgets for the
Canton-Massillon, Ohio area are 19.17 tpd VOC and 28.36 tpd
NOX. The 2018 motor vehicle emissions budgets for the
Canton-Massillon, Ohio area are 9.02 tpd VOC and 11.37 tpd
NOX.
* * * * *
[FR Doc. 2013-11450 Filed 5-14-13; 8:45 am]
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