[Federal Register Volume 63, Number 132 (Friday, July 10, 1998)]
[Rules and Regulations]
[Pages 37255-37258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18420]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH 114-1a; FRL-6123-1]
Approval and Promulgation of Maintenance Plan Revisions; Ohio
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The United States Environmental Protection Agency (EPA) is
approving through ``direct final'' procedure, a March 13, 1998, request
from Ohio, for a State Implementation Plan (SIP) maintenance plan
revision for the Columbus ozone maintenance area (Franklin, Delaware
and Licking Counties). The maintenance plan revision establishes a new
maintenance year of 2010 for the area and a new transportation
conformity mobile source emissions budget for the year 2010. The 2010
emissions budget projections incorporate future emission reductions
from area and point sources. The newly established 2010 emissions
projections determine the area's safety margins for Oxides of Nitrogen
(NOX) and Volatile Organic Compounds (VOCs). Also being
approved is the State's request that a portion of the safety margins be
allocated to the area's 2010 mobile source emissions budget for
transportation conformity purposes. The area's safety margin is defined
as the difference between the attainment inventory level (the Columbus
area's attainment inventory year is 1990) of the total emissions and
the projected levels of the total emissions in the final year of the
maintenance plan (as established for Columbus in this rule to be 2010).
DATES: This direct final rule is effective on September 8, 1998, unless
EPA receives relevant adverse or critical written comments by August
10, 1998. If adverse comment is received, the EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect. Any parties interested
in commenting on this action should do so at this time. If no such
comments are received, the public is informed that
[[Page 37256]]
this action will take effect on September 8, 1998.
ADDRESSES: Copies of the documents relevant to this action are
available for inspection during normal business hours at the following
location: Regulation Development Section, Air Programs Branch, (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois, 60604.
Please contact Scott Hamilton at (312) 353-4775 before visiting the
Region 5 office.
Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch, (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois, 60604.
FOR FURTHER INFORMATION CONTACT: Scott Hamilton, Environmental
Scientist, Regulation Development Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-4775.
SUPPLEMENTARY INFORMATION:
I. Background
The Clean Air Act, in section 176(c), requires conformity of
activities to an implementation plan's purpose of attaining and
maintaining the National Ambient Air Quality Standards. On November 24,
1993, EPA promulgated a final rule establishing criteria and procedures
for determining conformity of transportation plans, programs and
projects funded or approved under Title 23 U.S.C. of the Federal
Transit Act. The State of Ohio finalized and adopted State
transportation conformity rules on August 1, 1995, the rules became
effective August 21, 1995, and Ohio submitted the rules as a SIP
revision request on August 17, 1995. The rules were approved by EPA on
July 15, 1996 (61 FR 24702).
The transportation conformity rules require, among other things, a
comparison to the mobile source emissions budget established by a
control strategy SIP. A control strategy SIP is defined by the
conformity rules to be a maintenance plan, an attainment demonstration,
or a rate of progress plan. The Columbus area is an attainment area
with an approved maintenance plan. The EPA approval of the maintenance
plan established the mobile source emissions budget for transportation
conformity purposes.
The emissions budget concept is explained in the preamble to the
November 24, 1993, transportation conformity rule (58 FR 62188). The
preamble also describes how to establish the mobile source emissions
budget in the SIP and how to revise the emissions budget. The State
transportation conformity rule at 3745-101-16 of the Ohio
Administrative Code allows the mobile source emissions budget to be
changed as long as the total level of emissions from all sources remain
below the milestone level. In the case of a maintenance plan the
milestone level is the attainment level established in the maintenance
plan.
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 emissions reduction programs. Through the maintenance plan the
State and local agencies can manage and maintain air quality while
providing for growth.
II. Evaluation of the State Submittal
On March 13, 1998, Ohio submitted to EPA a SIP revision request for
the Columbus maintenance area. A public hearing on this proposal was
held on April 15, 1998. Documentation on the public hearing was
submitted on May 14, 1998 to complete the SIP revision request.
In the submittal Ohio requested to establish a new maintenance year
of 2010, and new 2010 mobile source emissions budget for transportation
conformity for the Columbus, Ohio maintenance area.
A. 2010 Budget Projections for Point and Area Sources
The 2010 emissions projections for point and area sources were
developed by multiplying the individual 1990-2010 population growth
factors for each county in the area by the individual county 1990
baseline inventory. The population growth factors used in the point and
area source projections were derived from census population forecasts
from Ohio's Data Users Center. The projected emissions for each county
were then added together to arrive at the total projected emissions for
the point and area source sectors for the year 2010.
B. NOX Point and Area Source Emission Changes for the 2010
Budget
In developing the area's 2010 emissions projections for
NOX, the state took credit for reductions from the point and
area source sectors. Projected NOX reductions in point
sources were obtained from the shutdown of the Columbus Trashburning
Power Plant (3.04 tons/day NOX) and the installation of a
pure oxygen combustion system at Techniglass Inc. (1.43 tons/day
NOX). These point sources were included in Ohio's point
source emissions inventory that was submitted to EPA. The point source
NOX emission reductions were subtracted from the total
projected 2010 point source emission tonnage.
Projected reductions in area sources were obtained by considering
the new federal ``Emission Standards for Locomotives and Locomotive
Engines; Final Rule'' (63 FR 18977; April 16, 1998) for new and
remanufactured diesel-powered locomotives. The federal locomotive
standards are expected to achieve a 41% reduction in NOX by
the year 2010. To be on the conservative side, Ohio calculated its'
projected NOX reductions from locomotives assuming 20%
NOX reductions by 2010 instead of 41% for the 2010 budget
(total reduction of 16.07 tons/day NOX from area sources).
The 16.07 tons/day NOX reduction was subtracted from the
total projected 2010 area source emission tonnage.
The 2010 emission projections reflect the point and area source
reductions and are illustrated in Table 1.
Table 1.--NOX and VOC Emissions Budget; and Safety Margin Determinations, Columbus (tons/day)
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Source category 1990 1996 2005 2010
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VOC Emissions
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Point....................................................... 16.44 17.52 19.33 20.27
Mobile (on-road)............................................ 94.73 63.36 61.38 61.72
Area........................................................ 101.18 107.47 117.30 123.94
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Totals................................................ 212.35 188.35 198.01 205.93
[[Page 37257]]
Safety Margin = 1990 total emissions--2010 total emissions = 6.42 tons/day VOC
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NOX Emissions
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Point....................................................... 13.79 14.35 15.27 12.17
Mobile (on-road)............................................ 78.65 68.85 61.24 61.08
Area........................................................ 96.68 102.62 111.82 101.99
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Totals................................................ 189.12 185.82 188.33 175.24
Safety Margin = 1990 total emissions -2010 total emissions = 13.88 tons/day NOX
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C. Safety Margin Allocations and 2010 Mobile Source Emissions Budget
In the submittal Ohio requested to allocate to the mobile source
emissions budget part of the area's safety margin. The Columbus area's
safety margin is the difference between the 1990 attainment inventory
year and the 2010 projected emissions inventory (6.42 tons/day VOC
safety margin, and 13.88 tons/day NOX safety margin) as
shown in Table 1. The SIP revision requests the allocation of 6.27
tons/day VOC, and 9.91 tons/day NOX, into the area's mobile
source emissions budget from the safety margin. The 2010 mobile source
emissions budget showing the safety margin allocations are outlined in
Table 2. The mobile source emissions budget in Table 2 will be used for
transportation conformity purposes.
Table 2.--Allocation of Safety Margin to the 2010 Mobile Source Emissions Budget, Columbus (tons/day)
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Source category 1990 1996 2005 2010
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VOC Emissions
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Point....................................................... 16.44 17.52 19.33 20.27
Mobile (on-road)............................................ 94.73 63.36 61.38 67.99
Area........................................................ 101.18 107.47 117.30 123.94
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Totals................................................ 212.35 188.35 198.01 212.20
Remaining Safety Margin = 1990 total emissions -2010 total emissions = 0.15 tons/day VOC
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NOX Emissions
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Point....................................................... 13.79 14.35 15.27 12.17
Mobile (on-road)............................................ 78.65 68.85 61.24 70.99
Area........................................................ 96.68 102.62 111.82 101.99
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Totals................................................ 189.12 185.82 188.33 185.15
Remaining Safety Margin = 1990 total emissions -2010 total emissions = 3.97 tons/day NOX
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Table 2 illustrates that the requested portion of the safety
margins can be allocated to the 2010 mobile source budget and still
remain at or below the 1990 attainment level of total emissions for the
Columbus maintenance area. This allocation is allowed by the conformity
rule since the area would still be at or below the 1990 attainment
level for the total emissions.
III. EPA Action
After review of the SIP revision request, EPA finds that the
requested allocation of the safety margin for the Columbus area is
approvable since the approval of the new mobile source emissions
budgets for NOX and VOCs illustrates that the total
emissions for the area will be at or below the attainment year
inventory level as required by the transportation conformity
regulations. Therefore, EPA is approving the requested allocation of
the safety margin to the mobile source budget for the Columbus area.
The EPA is publishing this action without prior proposal because
EPA views this as a noncontroversial revision and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should specified written adverse or critical comments be filed. This
action will become effective without further notice unless the Agency
receives relevant adverse written comments within 30 days from the date
of publication, as indicated above. Should the Agency receive such
comments, it will publish a final rule informing the public that this
action did not take effect. Any parties interested in commenting on
this action should do so at this time.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
B. Executive Order 13045
The Final rule is not subject to Executive Order 13045, titled
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
Executive Order 12866.
C. Future Requests
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
[[Page 37258]]
factors and in relation to relevant statutory and regulatory
requirements.
D. Regulatory Flexibility
The Regulatory Flexibility Act (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 final 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 Clean Air Act 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
Clean Air Act, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act 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).
E. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must undertake various actions
in association with 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. This Federal action approves pre-existing requirements under
state or local law, and imposes no new requirements. Accordingly, no
additional costs to state, local, or tribal governments, or the private
sector, result from this action.
F. Audit Privilege and Immunity Law
Nothing in this action should be construed as making any
determination or expressing any position regarding Ohio's audit
privilege and immunity law (sections 3745.70--3745.73 of the Ohio
Revised Code ). EPA will be reviewing the effect of the Ohio audit
privilege and immunity law on various Ohio environmental programs,
including those under the Clean Air Act, and taking appropriate
action(s), if any, after thorough analysis and opportunity for Ohio to
state and explain its views and positions on the issues raised by the
law. The action taken herein does not express or imply any viewpoint on
the question of whether there are legal deficiencies in this or any
Ohio Clean Air Act program resulting from the effect of the audit
privilege and immunity law. As a consequence of the review process, the
regulations subject to the action taken herein may be disapproved,
federal approval for the Clean Air Act program under which they are
implemented may be withdrawn, or other appropriate action may be taken,
as necessary.
G. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 8, 1998. 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)).
V. List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone, Nitrogen oxides, Transportation
conformity.
Dated: July 1, 1998.
David A. Ullrich,
Acting Regional Administrator.
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 KK--Ohio
2. Section 52.1885 is amended by adding paragraph (a)(9) to read as
follows:
Sec. 52.1885 Control Strategy: Ozone
(a) * * *
(9) Approval--On March 13, 1998, Ohio submitted a revision to the
maintenance plan for the Columbus area. The revision consists of
establishing a new out year for the area's emissions budget. The new
out year emissions projections include reductions from point and area
sources; the revision also defines new safety margins according to the
difference between the areas 1990 baseline inventory and the out year
projection. Additionally, the revision consists of allocating a portion
of the Columbus area's safety margins to the transportation conformity
mobile source emissions budget. The mobile source budgets for
transportation conformity purposes for the Columbus area are now: 67.99
tons per day of volatile organic compound emissions for the year 2010
and 70.99 tons per day of oxides of nitrogen emissions for the year
2010.
[FR Doc. 98-18420 Filed 7-9-98; 8:45 am]
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