[Federal Register Volume 68, Number 79 (Thursday, April 24, 2003)]
[Rules and Regulations]
[Pages 20072-20075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10063]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL--88 -200227(a); FRL-7486-7 ]


Approval and Promulgation of Implementation Plans

Florida: Revision to Jacksonville, Florida Ozone Air Quality 
Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) revision 
submitted by the Florida Department of Environmental Protection (DEP) 
on November 28, 2001, for Jacksonville, Florida (Duval County) 1-hour 
ozone maintenance plan. More specifically, EPA is approving the state's 
new Motor Vehicle Emissions Budgets (MVEB) for volatile organic 
compounds (VOCs) and nitrogen oxides (NOX) for 2005. This 
submittal updates the maintenance plan by establishing new 
transportation conformity MVEB for the year 2005, for use by the 
Metropolitan Planning Organization (MPO). The MVEB represent the VOCs 
and the NOX emissions currently projected by the MPO for the 
year 2005, plus a small allocation from the areas' ``safety margin'' 
for each pollutant to accommodate any further refinements that the MPO 
may need to make these projections. This allocation will still maintain 
the total emissions for the area at or below the attainment level for 
this maintenance area.

DATES: This direct final rule is effective June 23, 2003 without 
further notice, unless EPA receives adverse written comment by May 27, 
2003. If adverse comment is received, 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.

ADDRESSES: All comments should be addressed to: Lynorae Benjamin, Air 
Quality Modeling and Transportation Section; Air, Pesticides, and 
Toxics Management Division; Region 4, EPA, Air Planning Branch, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
    Copies of the documents relative to this action are available for 
public inspection during normal business hours at the following 
locations:
    Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. (Lynorae Benjamin, 
(404)

[[Page 20073]]

562-9040 or Heidi LeSane (404) 562-9035).
    Florida Department of Environmental Protection, Air Resource 
Management Division, Twin Towers Office Building, 2600 Blair Stone 
Road, Tallahassee, Florida 32399-2400. Persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least 24 hours before the visiting day. Reference file FL-88. The 
Region 4 office may have additional background documents not available 
at the other locations.

FOR FURTHER INFORMATION CONTACT: 
    Lynorae Benjamin, Air Quality Modeling and Transportation Section; 
Air Planning Branch; Air, Pesticides, and Toxics Management Division; 
Region 4, EPA, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, 
Georgia 30303-8960. Ms. Benjamin's telephone number is (404) 562-9040. 
She can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Under the Clean Air Act of 1990, the Jacksonville area (i.e., Duval 
County) was classified as a ``transitional'' nonattainment area for the 
1-hour ozone national ambient air quality standard (NAAQS). The 
transitional classification was given to the area because it had been 
designated as nonattainment for the 1-hour ozone NAAQS prior to the 
1990 amendment to the Clean Air Act (CAA) but was showing compliance 
based on 1987 through 1989 data. On June 23, 1993, DEP submitted a 
request to the EPA to redesignate Duval County as an ozone attainment 
area under section 107 (d) of the CAA. Along with the redesignation 
request on August 23, 1994, the DEP submitted as a proposed revision to 
the SIP to include a ten year (to 2005) ozone air quality maintenance 
plan for Duval County. The maintenance plan was approved into the SIP 
on March 6, 1995, and Duval County was redesignated to attainment 
status with respect to the 1-hour ozone NAAQS.
    On December 10, 1999, the DEP submitted a proposed revision to the 
Duval County 1-hour ozone maintenance plan to remove the emission 
reduction credits attributable to the Motor Vehicle Inspection Plan 
(MVIP) from the future year emissions projections contained in that 
plan. Through the use of updated planning assumptions and the MOBILE5a 
emissions model, DEP demonstrated that the MVIP was not essential to 
maintenance of the 1-hour ozone NAAQS for Duval County. In the December 
1999, SIP revision, DEP also updated the year 2005 projected ozone 
precursor emissions in the Duval County ozone maintenance plan based on 
the latest available information. This action, approved by EPA and 
effective on September 4, 2001, modified the MVEB that the MPO used to 
determine transportation conformity.

II. Analysis of the State's Submittal

    On November 28, 2001, the State of Florida through the DEP 
submitted a revision to the Florida SIP. The revision amends the 
previously approved ten-year ozone maintenance plan for Duval County by 
substitution of the revised projections for VOC and NOX 
source emission estimates for 2005. In addition, the DEP also added 
explicit MVEB to the maintenance plan based on these revised 
projections including small allocations from the plan's safety margins 
for VOC and NOX. Approval of the MVEB into the plan by the 
EPA will allow the MPO to demonstrate conformity for 2005 and beyond. 
These MVEB are based on the Mobile 5a emissions model.
    Section 176(c) of the CAA, 4 2 U.S.C. 7506(c), states that 
transportation plans, programs and projects must conform to an approved 
implementation plan. Specifically, the Transportation Conformity Rule 
and its subsequent amendments require an ozone maintenance area, such 
as Duval County, to compare projected emissions from cars, trucks and 
buses on the highway network, to the MVEB established by a maintenance 
plan (i.e., in the approved SIP). In accordance with the Transportation 
Conformity rule and its subsequent amendments (i.e., 40 CFR part 93), 
the State explicitly identifies the MVEB for VOCs and NOX in 
this submittal. Additionally, the State establishes 2005 as the budget 
year for both VOC and NOX.
    The State revised the SIP and MVEB to remove credits attributable 
to the MVIP. This action consequently lowered the emissions budgets for 
Duval County. After consultation with the MPO and the interagency 
consultation work group for the area, DEP investigated the potential to 
raise the budget. DEP identified an available safety margin for VOC and 
NOX. The emissions projected to maintain the area's air 
quality are consistent with the air quality health standard.
    The DEP established MVEB for VOC and NOX in the 
maintenance plan to allow the MPO to use its currently available data 
to demonstrate conformity for 2005 and beyond. The MVEB for 
NOX, therefore, is set at 54.0 tons per day (tpd), including 
a 0.1 tpd allocation from the plan's safety margin, and the MVEB for 
VOC is set at 50.0 tpd, including a 7.5 tpd allocation from the plan's 
safety margin. Under 40 CFR part 93.101 the term 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. The safety margin credit can be allocated to the 
transportation sector, however the total emission level must stay below 
the attainment level.
    After the update of the 2005 projections, but prior to these 
allocations, the VOC safety margin was 41.7 tpd, and the NOX 
safety margin was 1.3 tpd. After this allocation, the VOC safety margin 
is 34.2 tpd, and the NOX safety margin is 1.2 tpd. Use of 
these budget allocations would not cause 2005 emissions to exceed the 
1990 attainment-year levels.
    Table 1-A and 1-B below illustrate changes made to the Duval County 
VOC and NOX emissions budgets. The new MVEB for 
NOX and VOCs are also provided in the tables below.

  Table 1-A.--Duval County VOC Emissions 1990 Actual and 2005 Projected
------------------------------------------------------------------------
                                           Tons/day
         Source category          --------------------------  MVEB 2005
                                       1990         2005
------------------------------------------------------------------------
Stationary Point.................        15.60        21.16          n/a
Stationary Area..................        51.25        39.24          n/a
On-Road Mobile...................        82.49        42.49           50
Non-Road Mobile..................        24.63        29.41          n/a
Biogenic.........................       126.70       126.70          n/a
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[[Page 20074]]


  Table 1-B.--Duval County NOX Emissions 1990 Actual and 2005 Projected
------------------------------------------------------------------------
                                           Tons/day
         Source Category          --------------------------  MVEB 2005
                                       1990         2005
------------------------------------------------------------------------
Stationary Point.................       101.16        98.40          n/a
Stationary Area..................         8.37        14.67          n/a
On-Road Mobile...................        61.40        53.85           54
Non-Road Mobile..................        21.07        23.74          n/a
Biogenic.........................         0.30         0.30          n/a
------------------------------------------------------------------------

III. Final Action

    EPA is approving the aforementioned revisions to the Florida SIP 
because they are consistent with the Clean Air Act (CAA) and EPA 
requirements. EPA is publishing this rule without prior proposal 
because the Agency views this as a noncontroversial submittal and 
anticipates no adverse comments. However, in the proposed rules section 
of this Federal Register publication, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision 
should adverse comments be filed. This rule will be effective June 23, 
2003 without further notice unless the Agency receives adverse comments 
by May 27, 2003.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on June 23, 2003 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews:

    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. 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). 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.). Because 
this rule approves pre-existing 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 (Public Law 104-4).
    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). 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. 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.
    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. 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.).
    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 June 23, 2003. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping

[[Page 20075]]

requirements, Volatile organic compounds.

    Dated: April 15, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Part 52 of chapter I, title 40, Code of Federal Regulations, 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.

Subpart K--[Amended]

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2. Section 52.520, is amended:
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a. In paragraph (e) revise entry ``Revision to Maintenance Plan for 
Jacksonville and Southeast Florida Areas'' and
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b. In paragraph (e) add a new entry at the end of the table for 
``Revision to Maintenance Plan for Jacksonville, Florida'' to read as 
follows:


Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
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                                         State         EPA
              Provision                effective     Approval   Federal Register Notice        Explanation
                                          date         date
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Revision to Maintenance Plan for       12/10/1999     8/2/2001  66 FR 40137............
 Southeast Florida Area.
 
                                                  * * * * * * *
Revision to Maintenance Plan for       11/28/2001     11/24/03  [Insert citation of      .......................
 Jacksonville, Florida Area.                                     publication].
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[FR Doc. 03-10063 Filed 4-23-03; 8:45 am]
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