[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Rules and Regulations]
[Pages 36917-36921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15520]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI116-01-7346a; FRL-7515-5]


Approval and Promulgation of Implementation Plans; Wisconsin; 
Revised Motor Vehicle Emissions Inventories and Motor Vehicle Emissions 
Budgets Using MOBILE6

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the Wisconsin State 
Implementation

[[Page 36918]]

Plan (SIP) for the attainment and maintenance of the 1-hour national 
ambient air quality standard (NAAQS) for ozone. Specifically, EPA is 
approving Wisconsin's revised 2007 motor vehicle emission inventories 
and 2007 Motor Vehicle Emissions Budgets (MVEB) recalculated using 
MOBILE6 for the Milwaukee severe ozone area and the Sheboygan ozone 
maintenance area. EPA is also approving a new 2012 projected MVEB for 
the Sheboygan ozone maintenance area

DATES: This rule is effective on August 19, 2003, unless EPA receives 
relevant adverse written comments by July 21, 2003. 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.

ADDRESSES: You should send written comments to: Carlton Nash, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    You may inspect copies of the State submittal and EPA's analysis of 
it at: Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. (Please telephone Michael Leslie at 
(312) 353-6680 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Regulation Development Section (AR-18J), Air Programs Branch, 
Air and Radiation Division, United States Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 
(312) 353-6680, [email protected].

SUPPLEMENTARY INFORMATION: This section is organized as follows:

I. Background.
II. What is MOBILE6?
III. What is the purpose and content of Wisconsin's submittal?
IV. What are the revised MOBILE6 inventories?
V. Are the revised MOBILE6 inventories consistent with Wisconsin's 
One-Hour Attainment Demonstration?
VI. Are Wisconsin's Motor Vehicle Emissions Budgets approvable?
VII. EPA Action.
VIII. Statutory and Executive Order Reviews.

I. Background

    In November of 1999, EPA issued two memoranda \1\ to articulate its 
policy regarding states that incorporated MOBILE5-based interim Tier 2 
standard \2\ benefits into their SIPs and MVEBs. Although these 
memoranda primarily targeted certain serious and severe ozone 
nonattainment areas, EPA has implemented this policy in all other areas 
that have made use of federal Tier 2 benefits in air quality plans from 
EPA's April 2000 MOBILE5 guidance, ``MOBILE5 Information Sheet 
8: Tier 2 Benefits Using MOBILE5.'' All states whose 
attainment demonstrations or maintenance plans include interim MOBILE5-
based estimates of the Tier 2 standards were required to make a 
commitment to revise and resubmit their MVEBs within either one or two 
years of the final release of MOBILE6 in order to gain SIP approval.
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    \1\ Memoranda, ``Guidance on Motor Vehicle Emissions Budgets in 
1-Hour Ozone Attainment Demonstrations,'' issued November 3, 1999, 
and ``1-Hour Ozone Attainment Demonstrations and Tier 2/Sulfur 
Rulemaking,'' issued November 8, 1999. Copies of these memoranda are 
on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm.
    \2\ The final rule on Tier 2 Motor Vehicle Emissions Standards 
and Gasoline Sulfur Control Requirements (``Tier 2 standards'') for 
passenger cars, light trucks, and larger passenger vehicles was 
published on February 10, 2000 (65 FR 6698).
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    On December 22, 2000, Wisconsin submitted a revision to the One-
Hour Ozone Attainment Demonstration SIP for the Milwaukee severe ozone 
area and the Sheboygan ozone maintenance area. This SIP revision 
included, among other things, revised MVEBs using interim MOBILE5-based 
estimates of the Tier 2 standards and an enforceable commitment to 
revise the attainment demonstration using the MOBILE6 model, including 
MVEBs, within one year of the release of the model. Additional 
information on EPA's final approval of Wisconsin's December 22, 2000, 
submittal is in the November 13, 2001, Federal Register (66 FR 56931).
    EPA officially released the MOBILE6 motor vehicle emissions factor 
model on January 29, 2002 (67 FR 4254). Thus, the effective date of 
that Federal Register notice constituted the start of the one year time 
period in which Wisconsin was required to revise its One-Hour Ozone 
Attainment Demonstration SIP using the MOBILE6 model. Wisconsin was 
required to submit this SIP revision to EPA by January 29, 2003.

II. What Is MOBILE6?

    MOBILE is an EPA emissions factor model for estimating pollution 
from on-road motor vehicles in states outside of California. MOBILE 
calculates emissions of volatile organic compounds (VOCs), nitrogen 
oxides (NOX) and carbon monoxide (CO) from passenger cars, 
motorcycles, buses, and light-duty and heavy-duty trucks. The model 
accounts for the emission impacts of factors such as changes in vehicle 
emission standards, changes in vehicle populations and activity, and 
variation in local conditions such as temperature, humidity, fuel 
quality, and air quality programs.
    MOBILE is used to calculate current and future inventories of motor 
vehicle emissions at the national and local level. These inventories 
are used to make decisions about air pollution policies and programs at 
the local, state and national level. Inventories based on MOBILE are 
also used to meet the federal Clean Air Act's SIP and transportation 
conformity requirements.
    MOBILE6 is the first major update of the MOBILE model since 1993. 
The MOBILE model was first developed in 1978. It has been updated many 
times to reflect changes in the vehicle fleet and fuels, to incorporate 
EPA's growing understanding of vehicle emissions, and to cover new 
emissions regulations and modeling needs. Although some minor updates 
were made in 1996 with the release of MOBILE5b, MOBILE6 is the first 
major revision to MOBILE since MOBILE5a was released in 1993.

III. What Is the Purpose and Content of Wisconsin's Submittal?

    To address its enforceable commitment made in the December 22, 
2000, Attainment Demonstration SIP revision, the State submitted a 
proposed SIP revision on January 31, 2003, which revises the 2007 motor 
vehicle emissions inventories and the 2007 MVEBs using the MOBILE6 
model. The January 31, 2003, submittal demonstrates that the new levels 
of motor vehicle emissions calculated using MOBILE6 continue to support 
achievement of the projected attainment of the one-hour ozone NAAQS for 
the Milwaukee area and maintenance of the ozone NAAQS for Sheboygan 
area.

IV. What Are the Revised MOBILE6 Inventories?

    Table 1 below summarizes the revised motor vehicle emissions 
inventories in tons per summer day (tpd). The State developed these 
revised inventories using the latest planning assumptions, including 
updated vehicle registration data from 1999 through 2001, vehicle miles 
traveled (VMT), speeds, fleet mix, and SIP control measures. EPA is 
proposing to approve these revised 2007 motor vehicle emissions 
inventories.

[[Page 36919]]



    Table 1.--Milwaukee's Revised Motor Vehicle Emissions Inventories
------------------------------------------------------------------------
                                                              2007
                                                       -----------------
                         Area                             VOC      NOX
                                                         (tpd)    (tpd)
------------------------------------------------------------------------
Milwaukee Severe Area:
    MOBILE6 Emissions.................................    30.34    69.32
    Safety Margin.....................................     1.86     2.08
    Inventory Value...................................    32.20    71.40
Sheboygan Maintenance Area:
    MOBILE6 Emissions.................................     2.86     5.62
    Safety Margin.....................................     0.43     0.78
    Inventory Value...................................     3.24     6.40
------------------------------------------------------------------------

V. Are the Revised MOBILE6 Inventories Consistent With Wisconsin's One-
Hour Attainment Demonstration?

    Wisconsin's attainment demonstration used photochemical grid 
modeling in the absolute sense. Absolute modeling refers to uses the 
output from a model to compare directly against a standard. For one-
hour ozone, this means that the daily peak one-hour concentration 
predicted in every grid cell by the model would be compared to a ozone 
standard concentration of 124 parts per billion (ppb). This is best 
represented by the deterministic approach described in the 1996 
Guidance on Use of Modeled Results to Demonstrate Attainment of the 
Ozone NAAQS, EPA, June 1996. That guidance also describes a statistical 
approach which allows a specific number of exceedances of the standard. 
However, final attainment is still determined in an absolute sense by 
comparing a predicted concentration with the one-hour standard value of 
124 ppb. EPA has articulated its policy regarding the use of MOBILE6 in 
SIP development in its ``Policy Guidance on the Use of MOBILE6 for SIP 
Development and Transportation Conformity'' \3\ and ``Clarification of 
Policy Guidance for MOBILE6 in Mid-course Review Areas.'' \4\ This 
policy requires that new MOBILE6 MVEBs in areas that demonstrated 
attainment with absolute modeling meet two conditions. First, the new 
MOBILE6 based mobile source inventories are compared to the MOBILE5 
based inventories for the attainment year. If the MOBILE6 mobile 
emissions are less than or equal to the MOBILE5 emissions, then the SIP 
continues to demonstrate attainment. Second, EPA's policy guidance 
requires the State to consider whether growth and control strategy 
assumptions for non-motor vehicle sources (i.e., point, area, and non-
road mobile sources) are still accurate at the time the State developed 
submittal.
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    \3\ Memorandum, ``Policy Guidance on the Use of MOBILE6 for SIP 
development and Transportation Conformity,'' issued January 18, 
2002. A copy of this memorandum can be found on EPA's Web site at 
http://www.epa.gov/otaq/transp/traqconf.htm.
    \4\ Memorandum, ``Clarification of Policy Guidance for MOBILE6 
SIPs in Mid-course Review Areas,'' issued February 12, 2003. A copy 
of this memorandum can be found on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm.
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    Consistent with this policy guidance, Wisconsin's updated MOBILE6 
inventories were equal to the MOBILE5 attainment demonstration 
inventories for the Milwaukee and Sheboygan areas. It should be noted 
that Wisconsin used the latest planning assumptions in developing of 
the updated inventories. Wisconsin reviewed the growth and control 
strategy assumptions for non-motor vehicle sources, and concluded that 
these assumptions continue to be valid and support the one-hour Ozone 
Attainment Demonstration.
    In summary, Wisconsin's January 31, 2003, submittal satisfies the 
conditions outlined in EPA's MOBILE6 Policy guidance, and demonstrates 
that the new levels of motor vehicle emissions calculated using MOBILE6 
continue to support achievement of the projected attainment of the one-
Hour Ozone NAAQS by the attainment date of 2007.

VI. Are Wisconsin's Motor Vehicle Emissions Budgets Approvable?

    Table 2 below summarizes Wisconsin's revised 2007 MVEBs contained 
in the January 31, 2003, submittal. The State developed MVEBs using the 
latest planning assumptions, including updated vehicle registration 
data, VMT, speeds, fleet mix, and SIP control measures. The Wisconsin 
submittal met all applicable requirements and EPA is proposing to 
approve all of these budgets.

             Table 2.--2007 Motor Vehicle Emissions Budgets
------------------------------------------------------------------------
                                                              2007
                                                       -----------------
                         Area                             VOC      NOX
                                                         (tpd)    (tpd)
------------------------------------------------------------------------
Milwaukee Severe Area.................................    32.20    71.40
Sheboygan Maintenance Area............................     3.24     6.40
------------------------------------------------------------------------

    Table 3 below summarizes the Sheboygan maintenance area's 2007 and 
new 2012 emissions inventory contained in the January 31, 2003, 
submittal:

                           Table 3.--Sheboygan Maintenance Area's Emissions Inventory
----------------------------------------------------------------------------------------------------------------
                                                               2007                            2012
                     Source                      ---------------------------------------------------------------
                                                    VOC  (tpd)      NOX  (tpd)      VOC  (tpd)      NOX  (tpd)
----------------------------------------------------------------------------------------------------------------
Point...........................................             3.4            25.0             3.7            26.9
Area............................................             7.2             2.2             7.4             2.2
Non-Road........................................             2.7             6.0             2.5             6.0
Mobile..........................................             3.2             6.4             2.0             4.0
                                                 -----------------
    Total.......................................            16.5            39.5            15.6            39.1
----------------------------------------------------------------------------------------------------------------


[[Page 36920]]

    The above demonstrates the 2012 emissions will still maintain the 
total emissions for the area at or below the maintenance level. For 
this reason, EPA is approving the new projected MVEB for 2012.
    Table 4 below summarizes Wisconsin's new 2012 MVEB contained in the 
January 31, 2003, submittal:

         Table 4.--Sheboygan 2012 Motor Vehicle Emissions Budget
------------------------------------------------------------------------
                                                              2012
                                                       -----------------
                         Area                             VOC      NOX
                                                         (tpd)    (tpd)
------------------------------------------------------------------------
Sheboygan Maintenance Area............................     1.99     3.97
------------------------------------------------------------------------

VII. EPA Action

    EPA is approving the Wisconsin SIP revision submitted on January 
31, 2003. This submittal revises Wisconsin's 2007 motor vehicle 
emission inventories and 2007 MVEBs using MOBILE6 for the Milwaukee 
severe ozone area and the Sheboygan ozone maintenance area. EPA is also 
approving a new 2012 projected MVEB for the Sheboygan ozone maintenance 
area.
    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, EPA is proposing to approve the SIP revision should 
adverse written comments be filed. This action will be effective 
without further notice unless EPA receives relevant adverse written 
comments by July 21, 2003. Should the Agency receive such comment, we 
will publish a final rule informing the public that this action will 
not take effect. Any parties interested in commenting on this action 
should do so at this time. If we do not receive comments, this action 
will be effective on August 19, 2003.

VIII. 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 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 (Pub. L. 104-4).

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.

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 August 19, 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, Ozone, Volatile

[[Page 36921]]

organic compound, Oxides of nitrogen, Transportation conformity.

    Dated: June 9, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
Part 52, chapter I, title 40 of the 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 YY--Wisconsin

0
2. Section 52.2585 is amended by adding paragraph (s) to read as 
follows:


Sec.  52.2585  Control strategy: Ozone.

* * * * *
    (s) Approval--On January 31, 2003, Wisconsin submitted a revision 
to the ozone attainment plan for the Milwaukee severe ozone area and 
maintenance plan for Sheboygan County. These plans revised 2007 motor 
vehicle emission inventories and 2007 Motor Vehicle Emissions Budgets 
(MVEB) recalculated using the emissions factor model MOBILE6. The plan 
also included a new 2012 projected MVEB for the Sheboygan County. The 
following table outlines the MVEB for transportation conformity 
purposes for the Milwaukee severe ozone area and the Sheboygan ozone 
maintenance area:

                                  2007 and 2012 Motor Vehicle Emissions Budgets
----------------------------------------------------------------------------------------------------------------
                                                               2007                            2012
                      Area                       ---------------------------------------------------------------
                                                    VOC  (tpd)      NOX  (tpd)      VOC  (tpd)      NOX  (tpd)
----------------------------------------------------------------------------------------------------------------
Milwaukee Severe Area...........................           32.20           71.40              na              na
Sheboygan Maintenance...........................            3.24            6.40            1.99           3.97
----------------------------------------------------------------------------------------------------------------
na means not applicable

* * * * *

[FR Doc. 03-15520 Filed 6-19-03; 8:45 am]
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