Browse: Departments Dates Agencies
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
DOCUMENT ID: [R05-OAR-2004-OH-0001; FRL-7789-2]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Direct final rule.
SUBJECT CATEGORY: Approval and Promulgation of Maintenance Plan Revisions; Ohio
DATES: This ``direct final'' rule is effective on September 20, 2004, unless EPA receives adverse written comments by August 19, 2004. If adverse comment is received, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect.
DOCUMENT SUMMARY: The EPA is approving Ohio's submittal of a revision to the
Ohio portion of the Cincinnati 1Hour ozone maintenance plan. Ohio held
a public hearing on the submittal on March 30, 2004. This maintenance
plan revision establishes a new transportation conformity motor vehicle
emissions budget (MVEB) for the year 2010. EPA is approving the
allocation of a portion of the safety margin for oxides of nitrogen
(NO
transportation conformity regulations. The transportation conformity
budget for volatile organic compounds will remain the same as
previously approved in the maintenance plan. EPA is not at this time
addressing any request to redesignate the Ohio portion of the
Cincinnati area to attainment for the 1Hour ozone National Ambient Air
Quality Standard (NAAQS). The rationale for the approval and other
information are provided in this rulemaking action.
SUMMARY: Ohio,
SUPPLEMENTAL INFORMATION
I. General InformationA. Does this action apply to me?
B. How can I get copies of this document and other related information?
C. How and to whom do I submit comments?
II. Background
A. When did Ohio hold a public hearing and officially submit the revision request?
B. What change is Ohio requesting?
III. Transportation Conformity Budgets
A. What are transportation conformity budgets?
B. What is a safety margin?
C. How does this action change the maintenance plan?
D. What are subarea budgets?
E. Why is this request approvable?
IV. Statutory and Executive Order Review
I. General Information
A. Does This Action Apply to Me?
This action is rulemaking on a nonregulatory planning document
intended to ensure the maintenance of air quality in the Cincinnati Area.
[[Page 43320]]
B. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an electronic public rulemaking file available for inspection on EDOCKET and a hard copy file which is available for inspection at the Regional Office. EPA has established an official public rulemaking file for this action under Docket ID No. R05OAR2004OH0001. The official public file consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public rulemaking file does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public rulemaking file is the collection of materials that is available for public viewing at the Air Programs Branch, Air and Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. EPA requests that if at all possible, you contact the person listed in the For Further Information Contact section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at the EPA Regional Office, as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in the official public rulemaking file. The entire printed comment, including the copyrighted material, will be available at the Regional Office for public inspection.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate rulemaking identification number by including the text ``Public comment on proposed rulemaking Region 5 Air Docket ``R05OAR 2004OH0001'' in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ``late.'' EPA is not required to consider these late comments.
For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I General Information of the SUPPLEMENTARY INFORMATION
section of the related proposed rule which is published in the Proposed Rules section of this Federal Register.
II. Background
A. When Did Ohio Hold a Public Hearing and Officially Submit the Revision Request?
Ohio held a public hearing on the State Implementation Plan (SIP) revision request on March 30, 2004, in Cincinnati, Ohio. The formal comment period extended until April 2, 2004, to allow a full 30 days for public comment. No adverse comments were received. Ohio submitted transcripts of the public hearing and copies of the announcement of the 30 day public comment period to EPA. Ohio sent a letter dated March 15, 2004, which requested that EPA initiate review of the existing data and proceed to parallel process the request. The official submittal with all documentation including transcripts of the hearing were submitted in a letter dated April 19, 2004. Only one comment was received and that comment was in support of the revision request.
B. What Change Is Ohio Requesting?
Ohio is requesting a change to the transportation conformity budget in the approved 1Hour ozone maintenance plan for Cincinnati. The CincinnatiHamilton ozone nonattainment/maintenance area is a bistate area. The Ohio Counties include Hamilton, Butler, Clermont and Warren and the Kentucky Counties include Boone, Campbell and Kenton. The currently approved maintenance plan was approved by EPA on June 19, 2000, (65 FR 3787937900). In the June 19, 2000, notice, EPA approved the maintenance plan and also a redesignation request to redesignate the Cincinnati area to attainment/maintenance for the 1Hour ozone standard. The redesignation was challenged and subsequently vacated; however, the maintenance plan approval was upheld.
In this submittal, Ohio is requesting a change to the
transportation conformity budget. The approved maintenance plan has a
``safety margin'' of emissions which can be allocated to the MVEB. The
requested change only changes the NO
III. Transportation Conformity Budgets
A. What Are Transportation Conformity Budgets?
A transportation conformity budget is the projected level of controlled emissions from the transportation sector (mobile sources) that is estimated in the State Implementation Plan (SIP). The SIP controls emissions through regulations, for example, on fuels and exhaust levels for cars. The emissions budget concept is further explained in the preamble to the November 24, 1993, transportation conformity rule (58 FR 62188). The preamble also describes how to establish the MVEB in the SIP and how to revise the emissions budget. The transportation conformity rule allows the MVEB to be changed as long as the total level of emissions from all sources remains below the attainment level.
B. What Is a Safety Margin?
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. The attainment level of
emissions is the level of emissions during one of the years in which
the area met the air quality health standard. For example: Cincinnati
first attained the one hour ozone standard during the 19961999 time
period. The State uses 1996 as the attainment level of emissions for
the Cincinnati area. The emissions from point, area and mobile sources
in 1996 equaled 212.7 tons per day of VOC and 411.2 tons per day of
NO
per day of NO
The emissions are projected to maintain the area's air quality consistent with the air quality health standard. The safety margin credit can be allocated to the transportation sector. The total emission level, even with this allocation will be below the attainment level or safety level and thus is acceptable. The safety margin is the extra safety points that can be allocated as long as the total level is maintained.
C. How Does This Action Change the Maintenance Plan?
This action changes the budget for mobile sources. The maintenance plan is designed to provide for future growth while still maintaining the ozone air quality standard. Growth in industries, population, and traffic is offset with reductions from cleaner cars and other emission reduction programs. Through the maintenance plan the State and local agencies can manage and maintain air quality while providing for growth.
In the submittal, Ohio requested to allocate a portion of the
NO
D. What Are Subarea Budgets?
Ohio is submitting these budgets as subarea budgets which are only applicable to the Ohio portion of the Cincinnati area. Subarea budgets will allow conformity to be determined for Ohio and Kentucky separately. Kentucky currently has approved 2010 mobile source budgets. In separate actions, both States (Ohio and Kentucky) are formally electing to use subarea budgets per 40 CFR 93.124(d) for the purpose of determining transportation conformity in the areas within their individual state. Subarea budgets will still require the Cincinnati area to conduct transportation conformity for the entire area (both Ohio and Kentucky portions). However, subarea budgets will allow transportation projects in each State to be implemented if and only if the budget test is met for that particular State.
E. Why Is the Request Approvable?
The emissions from point, area and mobile sources in 1996 equaled
212.7 tons per day of VOC and 411.2 tons per day of NO
IV. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). Regulatory Flexibility Act
This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 1044).
Executive Order 13175: Consultation and Coordination With Indian Tribal Governments
This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the National government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air Act.
Executive Order 13045: Protection of Children From Environmental Health and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not economically significant. [[Page 43322]]
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. section 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. section 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 20, 2004. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental relations, Volatile organic compounds, Ozone.
Dated: July 8, 2004.
Norman Niedergang,
Acting Regional Administrator, Region 5.
Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KKOhio
2. Section 52.1885 is amended by adding paragraph (b)(12) to read as follows:
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(b) * * *
(12) ApprovalOn April 19, 2004, Ohio submitted a revision to the
ozone maintenance plan for the Cincinnati, Ohio area. The revision
consists of allocating a portion of the area's NO
* * * * *
[FR Doc. 0416333 Filed 71904; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Patricia Morris, Environmental Scientist, Criteria Pollutant Section, Air Programs Branch (AR18J), EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)3538656. morris.patricia@epa.gov.
Common CFR Searches
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 26 CFR Part 1 40 CFR Part 180 47 CFR Part 73 50 CFR Part 17 33 CFR Part 117 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 50 CFR Part 622 26 CFR Part 301 39 CFR Part 111 40 CFR Part 300 50 CFR Part 660 44 CFR Part 65 40 CFR Parts 52 and 81 40 CFR Part 271 47 CFR Part 64 50 CFR Part 665 47 CFR Part 76 50 CFR Part 229 14 CFR Part 23 14 CFR Part 25 21 CFR Part 522