[Federal Register Volume 68, Number 140 (Tuesday, July 22, 2003)]
[Rules and Regulations]
[Pages 43312-43316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18500]



[[Page 43312]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-92-200324(a); FRL-7534-2]


Approval and Promulgation of Implementation Plans Florida: 
Jacksonville Area Maintenance Plan Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the State Implementation 
Plan (SIP) submitted by the Florida Department of Environmental 
Protection (FDEP) on December 20, 2002. This SIP revision satisfies the 
requirement of the Clean Air Act (CAA) for the second 10-year update 
for the Jacksonville area (Duval County) 1-hour ozone maintenance plan.

DATES: This direct final rule is effective September 22, 2003 without 
further notice, unless EPA receives adverse comment by August 21, 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: Comments may be submitted by mail to: Heidi LeSane, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Comments 
may also be submitted electronically, or through hand delivery/courier. 
Please follow the detailed instructions described in (Part (I)(B)(1)(i) 
though (iii)) of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Air, Pesticides & Toxics 
Management Division, Air Planning Branch, Regulatory Development 
Section, Environmental Protection Agency Region 4, Atlanta Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Mrs. 
LeSane's phone number is 404-562-9035. She can also be reached via 
electronic mail at [email protected] or Lynorae Benjamin, Air, 
Pesticides & Toxics Management Division, Air Planning Branch, Air 
Quality Modeling & Transportation Section, Environmental Protection 
Agency Region 4, Atlanta Federal Center, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Ms. Benjamin's phone number is 404-562-
9040. She can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under FL-92-200324. 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 Regulatory Development Section, Air Planning Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 9:00 to 3:30 excluding federal 
holidays.
    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment, at the State Air Agency. Florida 
Department of Environmental Protection, Twin Towers Office Building, 
2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
    3. 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 on 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 FL-92-200324'' 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.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. 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.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Please include the text ``Public comment on 
proposed rulemaking FL-92-200324'' in the subject line. EPA's e-mail 
system is not an ``anonymous access'' system. If you send an e-mail 
comment directly without going through Regulations.gov, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are

[[Page 43313]]

included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    ii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
The system is an ``anonymous access'' system, which means EPA will not 
know your identity, e-mail address, or other contact information unless 
you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Heidi LeSane, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency Region 4, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960. Please include the 
text ``Public comment on proposed rulemaking FL-92-200324'' in the 
subject line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Heidi 
LeSane, Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, 12th floor, U.S. 
Environmental Protection Agency Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 9 to 3:30 
excluding federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. Background

    The air quality maintenance plan is a requirement of the 1990 Clean 
Air Act Amendments for nonattainment areas that come into compliance 
with the national ambient air quality standard (NAAQS). The 
Jacksonville Area (Duval County) was designated as nonattainment for 
the 1-hour ozone NAAQS prior to the 1990 Clean Air Act Amendment. 
However, for the 3-year period, (1987 through 1989), air quality 
measurements for the Jacksonville Area showed compliance with the 1-
hour ozone NAAQS. The area continued to attain the 1-hour ozone 
standard and the State requested that the EPA redesignate the 
Jacksonville area attainment for the 1-hour ozone standard on June 23, 
1993. Included with this request was a 10-year air quality maintenance 
plan covering the years 1995 to 2005. This plan was developed in 
accordance with the appropriate guidelines. The EPA published a Federal 
Register notice approving this plan on January 3, 1995, and it became 
effective on March 6, 1995 (60 FR 41).
    Subsequent revisions to this maintenance plan have been made. The 
current plan was approved by the EPA on April 24, 2003, and became 
effective on May 27, 2003 (68 FR 20072) . Up to this point, FDEP has 
revised the original plan to update emissions inventories reflecting 
more accurate emission estimates, to define specific Motor Vehicle 
Emissions Budgets (MVEB), to remove the motor vehicle inspection 
program (MVIP) credits, and to allocate a portion of the safety margin 
to the MVEB (66 FR 40137). This SIP revision satisfies the requirement 
of the Clean Air Act (CAA) for the second 10-year update for the 
Jacksonville area 1-hour ozone maintenance plan. Changes to the current 
maintenance plan include revisions to the emissions inventory for both 
on-road and non-road mobile sources, reflecting improved methodologies 
contained in the MOBILE6 and NONROAD emission models. New emissions 
data for both the base year (attainment year) and the projected years 
(2005 and 2015) are calculated. Also, updated MVEB in support of the 
transportation conformity process, are defined for volatile organic 
compounds (VOC) and nitrogen oxides (NOX) for the county. 
The updated budgets for 2005 replace previous MVEB contained in the 
first maintenance plan, which were based on an older emissions estimate 
using MOBILE5 emission factors for on-road motor vehicles. 
Additionally, this maintenance plan update provides new MVEB for the 
year 2015. EPA has determined that the MVEB in the SIP are adequate for 
transportation conformity purposes. The availability of the SIP with 
MVEB for 2015 was placed on EPA's adequacy web page on January 7, 2003. 
No request for this SIP submittal or adverse comments were received by 
the end of the public comment period on February 7, 2003. In this 
action, EPA finds the 2015 MVEB adequate for transportation conformity, 
and is proposing to approve the MVEB for 2005 and 2015. Note, since the 
2005 MVEB are replacing existing MVEB, these budgets are not subject to 
EPA's Adequacy process.

III. Analysis of State's Submittal

    On December 20, 2002, the FDEP submitted revisions to Florida 
State's Implementation Plan for the new ten-

[[Page 43314]]

year maintenance plan to provide a 10-year extension to the maintenance 
plan as required by section 175A(b) of the CAA as amended in 1990. The 
underlying strategy of the maintenance plan is to maintain compliance 
with the 1-hour ozone standard by assuring that current and future 
emissions of VOC and NOX remain at or below attainment year 
emission levels. The estimated emissions of ozone precursors (i.e.,VOC 
and NOX) for the Jacksonville Area during the 1990 ozone 
season are provided in the following table.

                                 Projected Emissions--Volatile Organic Compounds
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
                                                                               1990 base
             VOC                                 Category                        year        2005        2015
----------------------------------------------------------------------------------------------------------------
Duval.......................  Stationary Point..............................        15.6         7.6         9.1
                              Stationary Area...............................        51.3        45.2        52.2
                              On-Road Mobile................................        96.2        33.3        17.9
                              Non-Road Mobile...............................        22.5        17.4        14.0
                              Biogenic......................................       126.7       126.7       126.7
                             -------------------------------------------------
    Total...................  ..............................................       312.3       230.3       219.9
                             =================================================
Safety Margin...............  Calculated as 1990 base-year minus projected    ..........          82        92.4
                               year total.
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                                                                     Nitrogen Oxides
                                                                     [Tons per day]
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                                                                                                                      1990 base
                       NOX                                                     Category                                 year        2005         2015
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Duval...........................................  Stationary Point.................................................       101.2       104.8        120.4
                                                  Stationary Area..................................................         8.4         2.8          3
                                                  On-Road Mobile...................................................        81.0        55.5         22.6
                                                  Non-Road Mobile..................................................        28.1        31.3         26.1
                                                  Biogenic.........................................................         0.3         0.3          0.3
                                                 --------------------------------------------------------------------
    Total.......................................  .................................................................       218.9       194.7        172.4
                                                 ====================================================================
Safety Margin...................................  Calculated as 1990 base-year minus projected year total..........  ..........        24.2         46.5
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Motor Vehicle Emissions Budgets
    Section 176(c) of the CAA, 42 U.S.C. 7506(c), states that 
transportation plans, programs, and projects must conform to an 
approved implementation plan. Pursuant to 40 CFR part 93, subpart T, 
the Transportation Conformity Rule, Sec.  51.456(b), a specific 
emissions budget is defined for VOC and NOX for the 
Jacksonville area. The MVEB, based on the on-road mobile sources, are 
to be used by the local metropolitan planning organizations and 
transportation authorities to assure that transportation plans, 
programs, and projects are consistent with, and conform to, the long 
term maintenance of acceptable air quality in the Jacksonville Area.
    The MVEB are defined for the county, for 2005 and 2015, in the 
state's submittal. The values, for both years, are equal to the 2005 
on-road mobile source projected level of emissions plus a buffer of 24 
percent. This buffer, which is an allocation from the safety margin, 
accounts for uncertainty in the projections and is available because of 
significant reductions of VOC and NOX that have occurred, 
and are projected to occur, primarily from mobile sources. The MVEB are 
constrained in each of the budget years to assure that the total 
emissions (i.e., all source categories) do not exceed the 1990 
attainment year emissions. In no case are the projected total emissions 
(i.e., all source categories and including the allocation from the 
safety margin to the on-road mobile source category), for any year, 
greater than the attainment year emissions totals for either VOC or 
NOX. Under 40 CFR 93.101 the term safety margin is the 
difference between the attainment level (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. The following table defines the MVEB for 
Jacksonville Area.

                                  MVEB
                             [Tons per day]
------------------------------------------------------------------------
                County                      Pollutant        2005   2015
------------------------------------------------------------------------
Duval................................  VOC                   41.6   41.6
                                       NOX                   68.8   68.8
------------------------------------------------------------------------

    For the year 2005, the safety margin was 82 tpd for VOC and 24.2 
tpd for NOX. After partial allocation of the safety margin 
to the MVEB, the remaining safety margins are 73.7 tpd for VOC and 10.4 
tpd for NOX. In 2015, the safety margin was 92.4 tpd for VOC 
and 46.5 tpd for NOX. After partial allocation of the safety 
margin to the MVEB, the remaining safety margins are now 68.7 tpd for 
VOC and 0.3 tpd for NOX.

IV. Final Action

    EPA is approving the aforementioned changes to the State of Florida 
SIP because they are consistent with the CAA and EPA policy. The EPA is 
publishing this rule without prior proposal because the Agency views 
this as a noncontroversial submittal and

[[Page 43315]]

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 September 
22, 2003 without further notice unless the Agency receives adverse 
comments by August 21, 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 September 22, 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.

V. 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 (Pub. L. 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. 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. 
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 22, 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, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: July 9, 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--Florida

0
2. Section 52.520(e), is amended by revising the entry for ``Revision 
to Maintenance Plan for Jacksonville, Florida Area'' to read as 
follows:


Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

[[Page 43316]]



                                                     EPA-Approved Florida Non-Regulatory Provisions
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           Provision                    State effective date            EPA approval date            Federal Register notice             Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Revision to Maintenance Plan     December 20, 2002................  July 22, 2003............  [Insert citation of publication]...
 Update for Jacksonville Area,
 Florida.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 03-18500 Filed 7-21-03; 8:45 am]
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