[Federal Register Volume 72, Number 112 (Tuesday, June 12, 2007)]
[Proposed Rules]
[Pages 32257-32266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11294]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2007-0025; FRL-8326-3]
Redesignation of the Columbus, OH Area to Attainment for the 8-
Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Ohio Environmental Protection Agency (Ohio EPA) submitted
a request on December 28, 2006, and supplemented it on January 12, 2007
and March 9, 2007, for redesignation of the Columbus, Ohio area which
includes Delaware, Fairfield, Franklin, Knox, Licking, and Madison
Counties to attainment for the 8-hour ozone standard. EPA is proposing
to approve several elements associated with this request. First, EPA is
making a determination that complete, quality-assured ambient air
quality data indicate that the Columbus area has attained the 8-hour
ozone standard. Second, EPA is proposing to approve, as revisions to
the Ohio State Implementation Plan (SIP), the State's plans for
maintaining the 8-hour ozone NAAQS through 2018. Third, EPA is
proposing to redesignate the Columbus area to attainment for the 8-hour
ozone standard, based on a finding that the requirements for this
redesignation have been satisfied. Fourth, EPA finds adequate and is
proposing to approve the State's 2009 and 2018 Motor Vehicle Emission
Budgets (MVEBs) for the Columbus area.
DATES: Comments must be received on or before July 12, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-0001, by one of the following methods:
http://www.regulations.gov/. Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (312)886-5824.
Mail: John M. Mooney, Chief, Criteria Pollutant Section,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch, (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2007-0001. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. 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. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Michael Leslie, Environmental Engineer, at
(312) 353-6680 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
Table of Contents
I. What Should I Consider as I Prepare My Comments for EPA?
II. What Actions Is EPA Proposing To Take?
III. What Is the Background for These Actions?
IV. What Are the Criteria for Redesignation?
V. Why Is EPA Proposing To Take These Actions?
[[Page 32258]]
VI. What Is the Effect of These Actions?
VII. What Is EPA's Analysis of the Request?
A. Attainment Determination and Redesignation
B. Adequacy of Ohio's Motor Vehicle Emissions Budgets
VIII. What Actions Is EPA Taking Today?
IX. Statutory and Executive Order Reviews.
I. What Should I Consider as I Prepare My Comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What Actions Is EPA Proposing To Take?
EPA is proposing to take several related actions. EPA is proposing
to determine that the Columbus nonattainment area has attained the 8-
hour ozone standard. EPA is also proposing to approve Ohio's
maintenance plan SIP revision for the Columbus area. The maintenance
plan is designed to keep the Columbus nonattainment area in attainment
of the ozone NAAQS through 2018. EPA is proposing the that Columbus
area has met the requirements for redesignation under Section
107(d)(3)(E) of the Clean Air Act (CAA). EPA is thus proposing to
approve Ohio's request to change the legal determination of Columbus
area from nonattainment to attainment for the 8-hour ozone National
Ambient Air Quality Standard (NAAQS). Finally, EPA is announcing its
action on the Adequacy Process for the newly established 2009 and 2018
MVEBs for the area. The adequacy comment period for the 2009 and 2018
MVEBs began on March 6, 2007, with EPA's posting of the availability of
these submittals on EPA's Adequacy Web site (http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm). The adequacy comment period for
these MVEBs ended on April 5, 2007. EPA did not receive any requests
for these submittals or adverse comments on these submittals during the
adequacy comment period. Therefore, we find adequate and are proposing
to approve the State's 2009 and 2018 MVEBs for transportation
conformity purposes.
III. What Is the Background for These Actions?
On December 22, 2006, Ohio requested that EPA redesignate the
Columbus area to attainment for the 8-hour ozone standard. The request
was supplemented on January 12, 2007, and March 9, 2007. The
redesignation request included three years of complete, quality-assured
data for the periods of 2004 through 2006, indicating that the 8-hour
NAAQS for ozone has been attained for the Columbus area. Under the CAA,
nonattainment areas may be redesignated to attainment if sufficient
complete, quality-assured data are available for the Administrator to
determine that the area has attained the standard, and the area meets
the other CAA redesignation requirements in section 107(d)(3)(E).
A. General Background Information
EPA has determined that ground-level ozone is detrimental to human
health. On July 18, 1997, EPA promulgated an 8-hour ozone NAAQS of 0.08
parts per million parts of air (0.08 ppm) (80 parts per billion (ppb))
(62 FR 38856). This 8-hour ozone standard replaced a prior 1-hour ozone
NAAQS, which had been promulgated on February 8, 1979 (44 FR 8202), and
which was revoked on June 15, 2005 (69 FR 23858). Ground-level ozone is
not emitted directly by sources. Rather, emitted NOX and VOC
react in the presence of sunlight to form ground-level ozone along with
other secondary compounds. NOX and VOC are referred to as
``ozone precursors.'' Control of ground-level ozone concentrations is
achieved through controlling VOC and NOX emissions.
The CAA required EPA to designate as nonattainment any area that
violated the 8-hour ozone NAAQS. The Federal Register notice
promulgating these designations and classifications was published on
April 30, 2004 (69 FR 23857).
The CAA contains two sets of provisions--subpart 1 and subpart 2--
that address planning and emission control requirements for
nonattainment areas. Both are found in title I, part D of the CAA.
Subpart 1 contains general, less prescriptive requirements for all
nonattainment areas for any pollutant governed by a NAAQS. Subpart 2
contains more specific requirements for certain ozone nonattainment
areas, and applies to ozone nonattainment areas classified under
section 181 of the CAA.
In the April 30, 2004, designation rulemaking, EPA divided 8-hour
ozone nonattainment areas into the categories of subpart 1
nonattainment (``basic'' nonattainment) and subpart 2 nonattainment
(``classified'' nonattainment). EPA based this division on the area's
8-hour ozone design values (i.e., on the three-year averages of the
annual fourth-highest daily maximum 8-hour ozone concentrations at the
worst-case monitoring sites in the areas) and on their 1-hour ozone
design values (i.e., on the fourth-highest daily maximum 1-hour ozone
concentrations over the three-year period at the worst-case monitoring
sites in the areas). EPA classified 8-hour ozone nonattainment areas
with 1-hour ozone design values equaling or exceeding 121 ppb as
subpart 2, classified nonattainment areas. EPA classified all other 8-
hour nonattainment areas as subpart 1, basic nonattainment areas. The
basis for area classification was explained in a separate April 30,
2004, final rule (the Phase 1 implementation rule) (69 FR 23951).
Emission control requirements for classified nonattainment areas
are linked to area classifications. Areas with more serious ozone
pollution problems are subject to more prescribed requirements and
later attainment dates. The prescribed emission control requirements
are designed to bring areas into attainment by their specified
attainment dates.
In the April 30, 2004, ozone designation/classification rulemaking,
EPA designated the Columbus area as a subpart 1 basic nonattainment
area for the 8-hour ozone NAAQS. EPA based the designation on ozone
data collected during the 2001-2003 period.
On December 22, 2006, the State of Ohio requested redesignation of
Columbus area to attainment of the 8-hour ozone NAAQS based on ozone
data collected in this area from 2004-2006.
B. What Is the Impact of the December 22, 2006, United States Court of
Appeals Decision Regarding EPA's Phase 1 Implementation Rule?
1. Summary of Court Decision
On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia
[[Page 32259]]
Circuit vacated EPA's Phase 1 Implementation Rule for the 8-hour Ozone
Standard. (69 FR 23951, April 30, 2004). South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). The Court held
that certain provisions of EPA's Phase 1 Rule were inconsistent with
the requirements of the CAA. The Court rejected EPA's reasons for
implementing the 8-hour standard in nonattainment areas under Subpart 1
in lieu of subpart 2 of Title I, part D of the Act. The Court also held
that EPA improperly failed to retain four measures required for 1-hour
nonattainment areas under the anti-backsliding provisions of the
regulations: (1) Nonattainment area New Source Review (NSR)
requirements based on an area's 1-hour nonattainment classification;
(2) Section 185 penalty fees for 1-hour severe or extreme nonattainment
areas; (3) measures to be implemented pursuant to section 172(c)(9) or
182(c)(9) of the Act, on the contingency of an area not making
reasonable further progress toward attainment of the 1-hour NAAQS, or
for failure to attain that NAAQS; and (4) certain conformity
requirements for certain types of Federal actions. The Court upheld
EPA's authority to revoke the 1-hour standard provided there were
adequate anti-backsliding provisions.
This section sets forth EPA's views on the potential effect of the
Court's ruling on this redesignation action. For the reasons set forth
below, EPA does not believe that the Court's ruling alters any
requirements relevant to this redesignation action so as to preclude
redesignation, and does not prevent EPA from finalizing this
redesignation. EPA believes that the Court's decision, as it currently
stands, or as it may be modified based upon any petition for rehearing
that has been filed, imposes no impediment to moving forward with
redesignation of this area to attainment, because in either
circumstance redesignation is appropriate under the relevant
redesignation provisions of the Act and longstanding policies regarding
redesignation requests.
2. Requirements Under the 8-Hour Standard
With respect to the 8-hour standard, the Court's ruling rejected
EPA's reasons for classifying areas under Subpart 1 for the 8-hour
standard, and remanded that matter to the Agency. Consequently, it is
possible that this area could, during a remand to EPA, be reclassified
under Subpart 2. Although any future decision by EPA to classify this
area under Subpart 2 might trigger additional future requirements for
the area, EPA believes that this does not mean that redesignation
cannot now go forward. This belief is based upon (1) EPA's longstanding
policy of evaluating State submissions in accordance with the
requirements due at the time the request is submitted; and, (2)
consideration of the inequity of applying retroactively any future
requirements.
First, at the time the redesignation request was submitted, the
Columbus area was classified under Subpart 1 and was obligated to meet
Subpart 1 requirements. Under EPA's longstanding interpretation of
section 107(d)(3)(E) of the CAA, to qualify for redesignation, States
requesting redesignation to attainment must meet only the relevant SIP
requirements that came due prior to the submittal of a complete
redesignation request. September 4, 1992, Calcagni memorandum
(``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division) See also Michael Shapiro Memorandum, September 17,
1993, and 60 FR 12459, 12465-66 (March 7, 1995) (Redesignation of
Detroit--Ann Arbor). See Sierra Club v. EPA, 375 F.3d 537 (7th Cir.
2004), which upheld this interpretation. See, e.g. also 68 FR 25418,
25424, 25427 (May 12, 2003) (redesignation of St. Louis).
Moreover, it would be inequitable to retroactively apply any new
SIP requirements that were not applicable at the time the request was
submitted. The D.C. Circuit has recognized the inequity in such
retroactive rulemaking, See Sierra Club v. Whitman, 285 F. 3d 63 (D.C.
Cir. 2002), in which the D.C. Circuit upheld a District Court's ruling
refusing to make retroactive an EPA determination of nonattainment that
was past the statutory due date. Such a determination would have
resulted in the imposition of additional requirements on the area. The
Court stated: ``Although EPA failed to make the nonattainment
determination within the statutory time frame, Sierra Club's proposed
solution only makes the situation worse. Retroactive relief would
likely impose large costs on the States, which would face fines and
suits for not implementing air pollution prevention plans in 1997, even
though they were not on notice at the time.'' Id. at 68. Similarly here
it would be unfair to penalize the area by applying to it for purposes
of redesignation additional SIP requirements under Subpart 2 that were
not in effect at the time it submitted its redesignation request.
3. Requirements Under the 1-Hour Standard
With respect to the requirements under the 1-hour standard, the
Columbus area was an attainment area subject to a CAA section 175A
maintenance plan under the 1-hour standard. The Court's ruling does not
impact redesignation requests for these types of areas.
First, there are no conformity requirements that are relevant for
redesignation requests for any standard, including the requirement to
submit a transportation conformity SIP. Under longstanding EPA policy,
EPA believes that it is reasonable to interpret the conformity SIP
requirement as not applying for purposes of evaluating a redesignation
request under section 107(d) because State conformity rules are still
required after redesignation and Federal conformity rules apply where
State rules have not been approved. 40 CFR 51.390. See Wall v. EPA, 265
F.3d 426 (6th Cir. 2001), upholding this interpretation. See also 60 FR
62748 (Dec. 7, 1995) (Tampa, FL redesignation). Federal transportation
conformity regulations apply in all States prior to approval of
transportation conformity SIPs. The Columbus, Ohio 1-hour ozone area
was redesignated to attainment without approved State transportation
conformity regulations because the Federal regulations were in effect
in Ohio. When challenged, these 1-hour ozone redesignations, which were
approved without State regulations, were upheld by the courts. See Wall
v. EPA, 265 F.3d 426 (6th Cir. 2001). See also 60 FR 62748 (December 7,
1995) (Tampa, Florida). Although Ohio does not have approved State
transportation conformity regulations, it has developed memoranda of
understanding, signed by all parties involved in conformity, to address
conformity consultation procedures. The Federal transportation
conformity regulations, which apply in Ohio, require the approved 1-
hour ozone budgets to be used for transportation conformity purposes
prior to 8-hour ozone budgets being approved.
Second, with respect to the three other anti-backsliding provisions
for the 1-hour standard that the Court found were not properly
retained, Columbus area is an attainment area subject to a maintenance
plan for the 1-hour standard, and the NSR, contingency measure
(pursuant to section 172(c)(9) or 182(c)(9)) and fee provision
requirements no longer apply to an area that has been redesignated to
attainment of the 1-hour standard.
[[Page 32260]]
Thus, the decision in South Coast should not alter requirements
that would preclude EPA from finalizing the redesignation of this area.
IV. What Are the Criteria for Redesignation?
Section 107(d)(3)(E) of the CAA allows for redesignation from
nonattainment to attainment provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k); (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP and applicable Federal air pollutant control regulations and other
permanent and enforceable reductions; (4) the Administrator has fully
approved a maintenance plan for the area as meeting the requirements of
section 175A; and (5) the State containing such area has met all
requirements applicable to the area under section 110 and part D.
EPA provided guidance on redesignation in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990, on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070). EPA has provided further guidance on processing
redesignation requests in several guidance documents. A listing of
pertinent documents is provided in other redesignation actions
including a September 9, 2005 notice; 70 FR 53606.
V. Why Is EPA Proposing To Take These Actions?
On December 22, 2006, Ohio requested redesignation of the Columbus
area to attainment for the 8-hour ozone standard. EPA believes that the
area has attained the standard and has met the requirements for
redesignation set forth in section 107(d)(3)(E) of the CAA.
VI. What Is the Effect of These Actions?
Approval of the redesignation request would change the official
designation of the Columbus area for the 8-hour ozone NAAQS found at 40
CFR part 81. It would also incorporate into the Ohio SIP a plan for
maintaining the 8-hour ozone NAAQS through 2018. The maintenance plans
include contingency measures to remedy future violations of the 8-hour
NAAQS. The maintenance plan also established MVEBs for the years 2009
and 2018.
Motor Vehicle Emissions Budgets for the Columbus, OH Area
------------------------------------------------------------------------
VOC (tons/ NOX (tons/
Year day) day)
------------------------------------------------------------------------
2009.......................................... 72.16 125.43
2018.......................................... 41.50 56.30
------------------------------------------------------------------------
These proposed actions pertain to the designation of the Columbus
area for the 8-hour ozone NAAQS and to the emission controls in the
area related to the attainment and maintenance of the 8-hour ozone
NAAQS. If you own or operate a VOC or NOX emissions source
in this area or live in this area, this proposed rule may impact or
apply to you. It may also impact you if you are involved in
transportation planning or implementation of emission controls in this
area. Finally, it may also impact you if you breathe the air in the
Columbus area or the air which has passed through this area, or if you
are concerned with clean air, human health or the environment.
VII. What Is EPA's Analysis of the Request?
A. Attainment Determination and Redesignation
EPA is proposing to make a determination that the Columbus area has
attained the 8-hour ozone standard and that the Columbus area has met
all other applicable section 107(d)(3)(E) redesignation criteria. The
basis for EPA's determinations is as follows:
1. The Area Has Attained the 8-Hour Ozone NAAQS (Section
107(d)(3)(E)(i))
EPA is proposing to make the determination that the Columbus area
has attained the 8-hour ozone NAAQS. For ozone, an area may be
considered to be attaining the 8-hour ozone NAAQS if there are no
violations, as determined in accordance with 40 CFR 50.10 and Part 50,
Appendix I, based on three complete, consecutive calendar years of
quality-assured air quality monitoring data. For each monitor in the
area, EPA computes the average of the fourth-highest daily maximum 8-
hour average ozone concentrations from each of the three most recent
years. The area is attaining the standard if all monitors have average
concentrations at or below 0.08 ppm. Based on the rounding convention
described in 40 CFR Part 50, Appendix I, the standard is attained if
the design value is 0.084 ppm or below. The data must be collected and
quality-assured in accordance with 40 CFR part 58, and recorded in the
Aerometric Information Retrieval System (AIRS). The monitors generally
should have remained at the same location for the duration of the
monitoring period required for demonstrating attainment.
Ohio submitted 2004-2006 ozone monitoring data for the Columbus
area. The Ohio EPA quality assured the ambient monitoring data in
accordance with 40 CFR 58.10, and recorded it in the AIRS database,
thus making the data publicly available. The data meet the completeness
criteria in 40 CFR 50, Appendix I, which requires a minimum
completeness of 75 percent annually and 90 percent over each three year
period. A summary of the monitoring data is presented in Table 1 below.
Table 1.--Annual 4th High Daily Maximum 8-Hour Ozone Concentration and 3-Year Averages of 4th High Daily Maximum
8-Hour Ozone Concentrations
----------------------------------------------------------------------------------------------------------------
2004-2006
Site ID County 2003 4th 2005 4th 2006 4th average
high (ppm) high (ppm) high (ppm) (ppm)
----------------------------------------------------------------------------------------------------------------
39-041-0002..................... Delaware.................. 75 80 75 76
39-049-0028..................... Franklin.................. 75 86 76 79
39-049-0029..................... Franklin.................. 78 92 82 84
39-049-0037..................... Franklin.................. 73 86 79 79
39-049-0081..................... Franklin.................. 74 86 77 79
39-083-0002..................... Knox...................... 73 81 75 76
39-089-0005..................... Licking................... 74 82 72 76
39-097-0007..................... Madison................... 65 81 76 74
----------------------------------------------------------------------------------------------------------------
[[Page 32261]]
In addition, as discussed below with respect to the maintenance
plans, Ohio has committed to continue operating an EPA-approved
monitoring network in accordance with 40 CFR part 58. In summary, EPA
finds that the data submitted by Ohio provide an adequate demonstration
that the Columbus area has attained the 8-hour ozone NAAQS.
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D; and the Area Has a Fully Approved SIP Under Section 110(k)
(Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
We have determined that Ohio has met all currently applicable SIP
requirements for purposes of redesignation for the Columbus area under
Section 110 of the CAA (general SIP requirements). We have also
determined that the Ohio SIP meets all SIP requirements currently
applicable for purposes of redesignation under Part D of Title I of the
CAA (requirements specific to Subpart 1 nonattainment areas), in
accordance with section 107(d)(3)(E)(v). In addition, we have
determined that the SIP is fully approved with respect to all
applicable requirements for purposes of redesignation, in accordance
with section 107(d)(3)(E)(ii). In making these determinations, we have
ascertained what SIP requirements are applicable to the area for
purposes of redesignation, and have determined that the portions of the
SIP meeting these requirements are fully approved under section 110(k)
of the CAA. As discussed more fully below, SIPs must be fully approved
only with respect to currently applicable requirements of the CAA.
a. Columbus, Ohio Has Met All Applicable Requirements Under Section 110
and Part D of the CAA
The September 4, 1992, Calcagni memorandum (see ``Procedures for
Processing Requests To Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) describes EPA's interpretation of section
107(d)(3)(E) of the CAA. Under this interpretation, a State, and the
area it wishes to redesignate, must meet the relevant CAA requirements
that are due prior to the State's submittal of a complete redesignation
request for the area. See also the September 17, 1993 Michael Shapiro
memorandum and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of
Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone NAAQS).
Applicable requirements of the CAA that come due subsequent to the
State's submittal of a complete request remain applicable until a
redesignation to attainment is approved, but are not required as a
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to
attainment of the 1-hour ozone NAAQS).
General SIP requirements. Section 110(a) of title I of the CAA
contains the general requirements for a SIP. Section 110(a)(2) provides
that the implementation plan submitted by a State must have been
adopted by the State after reasonable public notice and hearing, and
that, among other things, it includes enforceable emission limitations
and other control measures, means or techniques necessary to meet the
requirements of the CAA; provides for establishment and operation of
appropriate devices, methods, systems and procedures necessary to
monitor ambient air quality; provides for implementation of a source
permit program to regulate the modification and construction of any
stationary source within the areas covered by the plan; includes
provisions for the implementation of part C, Prevention of Significant
Deterioration (PSD) and part D, New Source Review (NSR) permit
programs; includes criteria for stationary source emission control
measures, monitoring, and reporting; includes provisions for air
quality modeling; and provides for public and local agency
participation in planning and emission control rule development.
Section 110(a)(2)(D) of the CAA requires that SIPs contain measures
to prevent sources in a State from significantly contributing to air
quality problems in another State. To implement this provision, EPA has
required certain States to establish programs to address transport of
air pollutants (NOX SIP Call (63 FR 57356), Clean Air
Interstate Rule (CAIR)(70 FR 25162)). However, the section 110(a)(2)(D)
requirements for a State are not linked with a particular nonattainment
area's designation and classification.
EPA believes that the requirements linked with a particular
nonattainment area's designation and classifications are the relevant
measures to evaluate in reviewing a redesignation request. When the
transport SIP submittal requirements are applicable to a State, they
will continue to apply to the State regardless of the attainment
designation of any one particular area in the State. Therefore, we
believe that these requirements should not be construed to be
applicable requirements for purposes of redesignation. Further, we
believe that the other section 110 elements described above that are
not connected with nonattainment plan submissions and not linked with
an area's attainment status are also not applicable requirements for
purposes of redesignation. A State remains subject to these
requirements after an area is redesignated to attainment. We conclude
that only the section 110 and part D requirements which are linked with
a particular area's designation and classification are the relevant
measures which we may consider in evaluating a redesignation request.
This approach is consistent with EPA's existing policy on applicability
of conformity and oxygenated fuels requirements for redesignation
purposes, as well as with section 184 ozone transport requirements. See
Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174-
53176, October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-
Lorain, Ohio, final rulemaking (61 FR 20458, May 7, 1996); and Tampa,
Florida, final rulemaking (60 FR 62748, December 7, 1995). See also the
discussion on this issue in the Cincinnati ozone redesignation (65 FR
37890, June 19, 2000), and in the Pittsburgh ozone redesignation (66 FR
50399, October 19, 2001).
As discussed above, we believe that section 110 elements which are
not linked to the area's nonattainment status are not applicable for
purposes of redesignation. Because there are no section 110
requirements linked to the part D requirements for 8-hour ozone
nonattainment areas that have become due, as explained below, there are
no Part D requirements applicable for purposes of redesignation under
the 8-hour standard.
Part D Requirements. EPA has determined that the Ohio SIP meets
applicable SIP requirements under part D of the CAA, since no
requirements applicable for purposes of redesignation became due for
the 8-hour ozone standard prior to Ohio's submission of the
redesignation request for The Columbus area. Under part D, an area's
classification determines the requirements to which it will be subject.
Subpart 1 of part D, found in sections 172-176 of the CAA, sets forth
the basic nonattainment requirements applicable to all nonattainment
areas. Section 182 of the CAA, found in subpart 2 of part D,
establishes additional specific requirements depending on the area's
nonattainment classification. Columbus, Ohio, was classified as a
subpart 1
[[Page 32262]]
nonattainment area, and, therefore, subpart 2 requirements do not
apply.
Part D, Subpart 1 applicable SIP requirements. For purposes of
evaluating these redesignation requests, the applicable part D, subpart
1 SIP requirements for the Columbus area are contained in sections
172(c)(1)-(9).
No 8-hour ozone planning requirements applicable for purposes of
redesignation under part D became due prior to submission of the
redesignation request, and, therefore, none are applicable to the area
for purposes of redesignation. Since Ohio has submitted a complete
ozone redesignation request for the Columbus area prior to the deadline
for any submissions required for purposes of redesignation, we have
determined that these requirements do not apply to the Columbus area
for purposes of redesignation.
Section 176 conformity requirements. Section 176(c) of the CAA
requires States to establish criteria and procedures to ensure that
Federally-supported or funded activities, including highway projects,
conform to the air quality planning goals in the applicable SIPs. The
requirement to determine conformity applies to transportation plans,
programs and projects developed, funded or approved under Title 23 of
the U.S. Code and the Federal Transit Act (transportation conformity)
as well as to all other Federally-supported or funded projects (general
conformity). State conformity revisions must be consistent with Federal
conformity regulations relating to consultation, enforcement and
enforceability, which EPA promulgated pursuant to CAA requirements.
EPA approved Ohio's general and transportation conformity SIPs on
March 11, 1996 (61 FR 9646) and May 30, 2000 (65 FR 34395),
respectively. In summary, the Columbus area has satisfied all
applicable requirements under section 110 and part D of the CAA.
b. Columbus Has a Fully Approved Applicable SIP Under Section 110(k) of
the CAA
EPA has fully approved the Ohio SIP for the Columbus area under
section 110(k) of the CAA for all requirements applicable for purposes
of redesignation. In approving a redesignation request, EPA may rely on
prior SIP approvals plus any additional measures it may approve in
conjunction with a redesignation action (See the September 4, 1992 John
Calcagni memorandum, page 3, Southwestern Pennsylvania Growth Alliance
v. Browner, 144 F.3d 984, 989-990 (6th Cir. 1998), Wall v. EPA, 265
F.3d 426 (6th Cir. 2001)). Since the passage of the CAA of 1970, Ohio
has adopted and submitted, and EPA has fully approved, provisions
addressing the various required SIP elements applicable to the Columbus
area under the 1-hour ozone standard. No Columbus area SIP provisions
are currently disapproved, conditionally approved, or partially
approved.
3. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions (Section 107(d)(3)(E)(iii))
EPA finds that Ohio has demonstrated that the observed air quality
improvement in the Columbus area is due to permanent and enforceable
reductions in emissions resulting from implementation of the SIP,
Federal measures, and other State-adopted measures.
In making this demonstration, the State has calculated the change
in emissions between 2002 and 2004, one of the years in which the
Columbus area monitored attainment. The reduction in emissions and the
corresponding improvement in air quality over this time period can be
attributed to a number of regulatory control measures that Ohio has
implemented.
a. Permanent and Enforceable Controls Implemented
The following is a discussion of permanent and enforceable measures
that have been implemented in the area:
NOX rules. In compliance with EPA's NOX SIP
call, Ohio developed rules to control NOX emissions from
Electric Generating Units (EGUs), major non-EGU industrial boilers, and
major cement kilns. These rules required sources to begin reducing
NOX emissions in 2004. However, statewide NOX
emissions actually had begun to decline before 2004, as sources phased
in emission controls needed to comply with the State's NOX
emission control regulations. From 2004 on, NOX emissions
from EGUs in the Eastern United States have been capped at a level well
below pre-2002 levels, such that EGU emissions in the Columbus area,
and elsewhere in Ohio, can be expected to remain well below 2002
levels. Ohio expects that NOX emissions will further decline
as the State meets the requirements of EPA's Phase II NOX
SIP call (69 FR 21604 (April 21, 2004)).
Federal Emission Control Measures. Reductions in VOC and
NOX emissions have occurred statewide as a result of Federal
emission control measures, with additional emission reductions expected
to occur in the future as the State implements additional emission
controls. Federal emission control measures include: Tier 2 emission
standards for vehicles, gasoline sulfur limits, low sulfur diesel fuel
standards, and heavy-duty diesel engine standards. In addition, in
2004, EPA issued the Clean Air Non-road Diesel Rule (69 FR 38958 (July
29, 2004)). EPA expects this rule to reduce off-road diesel emissions
through 2010, with emission reductions starting in 2008.
b. Emission Reductions.
Ohio is using 2002 for the nonattainment inventory and included
area, mobile and point source emissions. Area sources were taken from
the Ohio 2002 periodic inventory submitted to EPA. These projections
were made from the United States Department of Commerce Bureau of
Economic Analysis growth factors, with some updated local information.
Mobile source emissions were calculated from MOBILE6.2 produced
emission factors. Non-road emissions were generated using the EPA's
National Mobile Inventory Model (NMIM) 2002 application. Point source
information was compiled from Ohio's 2002 annual emission inventory
database and the 2002 EPA Clean Air Markets Acid Rain database.
Based on the inventories described above, Ohio's submittal
documents changes in VOC and NOX emissions from 2002 to
2004. Summaries of emissions data are shown in Tables 2 through 4.
Table 2.--The Columbus Area Total VOC and NOX Emissions for
Nonattainment Year 2002 (Tons/Day)
------------------------------------------------------------------------
Sector VOC NOX
------------------------------------------------------------------------
Point............................................. 5.39 10.71
Area.............................................. 65.15 6.84
Non-Road Mobile................................... 28.55 41.90
On-Road Mobile.................................... 97.84 163.94
---------------------
Columbus Area Total........................... 196.93 223.39
------------------------------------------------------------------------
Table 3.--The Columbus Area Total VOC and NOX Emissions for Attainment
Year 2004 (Tons/Day)
------------------------------------------------------------------------
Sector VOC NOX
------------------------------------------------------------------------
Point............................................. 5.05 10.30
Area.............................................. 64.75 7.18
Non-Road Mobile................................... 26.20 38.73
On-Road Mobile.................................... 87.84 150.89
---------------------
Columbus Area Total........................... 183.84 207.10
------------------------------------------------------------------------
[[Page 32263]]
Table 4.--The Columbus, Ohio Area: Comparison of 2002 and 2004 VOC and NOX Emissions (Tons/Day)
----------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------
Sector Net change Net change
2002 2004 (2002-2004) 2002 2004 (2002-2004)
----------------------------------------------------------------------------------------------------------------
Point............................. 5.39 5.05 -0.24 10.71 10.30 -0.41
Area.............................. 65.15 64.75 -0.40 6.84 7.18 0.34
Nonroad........................... 28.55 26.20 -2.35 41.90 38.73 -3.17
Onroad............................ 97.84 87.84 -10.00 163.94 150.89 -13.05
-----------------------------------------------------------------------------
Total......................... 196.93 183.84 -13.09 223.39 207.10 -16.29
----------------------------------------------------------------------------------------------------------------
Table 4 shows that the area reduced VOC emissions by 13.09 tons/
day, and NOX emissions by 16.29 tons/day, between 2002 and
2004. Based on the information summarized above, Ohio has adequately
demonstrated that the improvement in air quality is due to permanent
and enforceable emissions reductions.
4. The Area Has a Fully Approved Maintenance Plan Pursuant to Section
175a of the CAA (Section 107(d)(3)(E)(iv))
In conjunction with its request to redesignate the Columbus area to
attainment status, Ohio submitted SIP revisions to provide for the
maintenance of the 8-hour ozone NAAQS in this area through 2018.
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after the
Administrator approves a redesignation to attainment. Eight years after
the redesignation, the State must submit a revised maintenance plan
which demonstrates that attainment will continue to be maintained for
ten years following the initial ten-year maintenance period. To address
the possibility of future NAAQS violations, the maintenance plan must
contain contingency measures with a schedule for implementation as EPA
deems necessary to assure prompt correction of any future 8-hour ozone
violations.
The September 4, 1992, John Calcagni memorandum provides additional
guidance on the content of a maintenance plan. The memorandum clarifies
that an ozone maintenance plan should address the following items: The
attainment VOC and NOX emissions inventories, a maintenance
demonstration showing maintenance for the ten years of the maintenance
period, a commitment to maintain the existing monitoring network,
factors and procedures to be used for verification of continued
attainment of the NAAQS, and a contingency plan to prevent or correct
future violations of the NAAQS.
b. Attainment Inventory
Ohio developed a baseline emissions inventory for 2004, one of the
years used to demonstrate monitored attainment of the 8-hour NAAQS. The
attainment level of emissions is summarized in Table 3, above.
c. Demonstration of Maintenance
Ohio submitted revisions to the 8-hour ozone SIP to include 11-year
maintenance plans for the Columbus area, in compliance with section
175A of the CAA. This demonstration shows maintenance of the 8-hour
ozone standard by assuring that current and future emissions of VOC and
NOX area remain at or below attainment year emission levels.
A maintenance demonstration need not be based on modeling. See Wall v.
EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. EPA, 375 F. 3d 537
(7th Cir. 2004). See also 66 FR 53094, 53099-53100 (October 19, 2001),
68 FR 25413, 25430-25432 (May 12, 2003).
Ohio is using projected inventories for the years 2009 and 2018.
These emission estimates are presented in Table 5.
Table 5.--The Columbus, Ohio Area: Comparison of 2004-2018 VOC and NOX Emissions (Tons/Day)
----------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------
Sector Net change Net change
2004 2009 2018 2004-2018 2004 2009 2018 2004-2018
----------------------------------------------------------------------------------------------------------------
Point....................... 5.05 4.43 5.20 0.15 10.30 9.38 10.00 -0.30
Area........................ 64.75 63.75 67.24 2.49 7.18 8.06 8.60 1.42
Nonroad..................... 26.20 20.28 18.85 -7.35 38.73 30.72 20.14 -18.59
Onroad...................... 87.84 62.76 36.09 -51.75 150.89 109.07 49.01 -101.88
-----------------------------------------------------------------------------------
Total................... 183.84 151.22 127.38 -56.46 207.10 157.23 87.75 -119.35
----------------------------------------------------------------------------------------------------------------
The emission projections show that Ohio does not expect emissions
in the area to exceed the level of the 2004 attainment year inventory
during the maintenance period. In the area, Ohio projects that VOC and
NOX emissions will decrease by 56.46 tons/day and 119.35
tons/day, respectively.
As part of its maintenance plan, the State elected to include a
``safety margin'' for the area. 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
which continues to demonstrate attainment of the standard. The
attainment level of emissions is the level of emissions during one of
the years in which the area met the NAAQS. Ohio used 2004 as the
attainment level
[[Page 32264]]
of emissions for the area. In the maintenance plan, Ohio projected
emission levels for 2018. The emissions from point, area, non-road, and
mobile sources in 2004 equaled 183.84 tons/day of VOC and 207.10 tons/
day of NOX. Ohio projected VOC emissions for the year 2018
to be 127.38 tons/day of VOC and 87.75 tons/day of NOX. The
safety margin is calculated to be the difference between these amounts
or, in this case, 56.46 tons/day of VOC and 119.35 tons/day of
NOX for 2018. The safety margin, or a portion thereof, can
be allocated to any of the source categories, as long as the total
attainment level of emissions is maintained. Ohio EPA allocated 5.41
tons/day of VOC and 7.35 tons/day of NOX to the MVEB. The
SIP submission demonstrates that the area will continue to maintain the
standard because emission will continue to be below the attainment
level.
d. Monitoring Network
Ohio currently operates eight ozone monitors in the Columbus area.
Ohio has committed to continue operating and maintaining their approved
ozone monitor network in accordance with 40 CFR part 58.
e. Verification of Continued Attainment
Continued attainment of the ozone NAAQS in the area depends, in
part, on the State's efforts toward tracking indicators of continued
attainment during the maintenance period. The State's plan for
verifying continued attainment of the 8-hour standard in the area
consists of plans to continue ambient ozone monitoring in accordance
with the requirements of 40 CFR part 58. In addition, Ohio will
periodically review and revise the VOC and NOX emissions
inventories for the area, as required by the Consolidated Emissions
Reporting Rule (40 CFR part 51), to track levels of emissions in the
future.
f. Contingency Plan
The contingency plan provisions of the CAA are designed to result
in prompt correction or prevention of violations of the NAAQS that
might occur after redesignation of an area to attainment of the NAAQS.
Section 175A of the CAA requires that a maintenance plan include such
contingency measures as EPA deems necessary to assure that the State
will promptly correct a violation of the NAAQS that might occur after
redesignation. The maintenance plan must identify the contingency
measures to be considered for possible adoption, a schedule and
procedure for adoption and implementation of the selected contingency
measures, and a time limit for action by the State. The State should
also identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the State will
implement all measures with respect to control of the pollutant(s) that
were included in the SIP before the redesignation of the area to
attainment. See section 175A(d) of the CAA.
As required by section 175A of the CAA, Ohio has adopted a
contingency plan to address possible future ozone air quality issues.
The contingency plan has two levels of actions/responses depending on
whether a violation of the 8-hour ozone standard is only threatened
(Warning Level Response) or has actually occurred or appears to be very
imminent (Action Level Response).
A Warning Level Response will be triggered whenever an annual (1-
year) fourth-high monitored 8-hour ozone concentration of 88 ppb occurs
within the ozone maintenance area (Columbus area). A Warning Level
Response will consist of a study to determine whether the ozone value
indicates a trend toward higher ozone concentrations or whether
emissions appear to be increasing. The study will evaluate whether the
trend, if any, is likely to continue and, if so, the control measures
necessary to reverse the trend, taking into consideration ease and
timing for implementation, as well as economic and social
consideration. Implementation of necessary controls in response to a
Warning Level Response triggering will take place as expeditiously as
possible, but in no event later than 12 months from the conclusion of
the most recent ozone season.
An Action Level Response will be triggered whenever a two-year
average annual fourth-high monitored 8-hour ozone concentration of 85
ppb or greater occurs within the maintenance area (Columbus area). A
violation of the 8-hour ozone standard (three-year average fourth-high
value of 85 ppb or greater) will also prompt an Action Level Response.
In the event that an Action Level Response is triggered and is not due
to an exceptional event, malfunction, or noncompliance with a source
permit condition or rule requirement, Ohio will determine the
additional emission control measures needed to assure future attainment
of the ozone NAAQS. Emission control measures that can be implemented
in a short time will be selected in order to be in place within 18
months from the close of the ozone season that prompted the Action
Level Response. Any new emission control measure that is selected for
implementation will be given a public review. If a new emission control
measure is already promulgated and scheduled to be implemented at the
Federal or State level and that emission control measure is determined
to be sufficient to address the increase in peak ozone concentrations,
additional local measures may be unnecessary. Ohio will submit to the
EPA an analysis to assess whether the proposed emission control
measures are adequate to reverse the increase in peak ozone
concentrations and to maintain the 8-hour ozone standard in the area.
The selection of emission control measures will be based on cost-
effectiveness, emission reduction potential, economic and social
considerations, or other factors that Ohio deems to be appropriate.
Selected emission control measures will be subject to public review and
the State will seek public input prior to selecting new emission
control measures.
The State's ozone redesignation request lists the following
possible emission control measures as contingency measures in the ozone
maintenance portion of the State's submittal:
i. Lower Reid vapor pressure gasoline requirements;
ii. Tighten RACT on existing source covered by USEPA Control
Techniques Guidelines issued in response to the 1990 CAA;
iii. Apply RACT to smaller existing sources;
iv. One or more transportation control measures sufficient to
achieve at least half a percent reduction in actual area wide VOC
emissions. Transportation-measures will be selected from the following,
based upon the factors listed above after consultation with affected
local governments:
a. Trip reduction programs, including, but not limited to,
employer-based transportation management plans, area-wide rideshare
programs, work schedule changes, and telecommuting;
b. Traffic flow and transit improvements; and
c. Other new or innovative transportation measures not yet in
widespread use that affects State and local governments deemed
appropriate.
v. Alternative fuel and diesel retrofit programs for fleet vehicle
operations.
vi. Controls on consumer products consistent with those adopted
elsewhere in the United States.
vii. Require VOC and NOX emissions offsets for new and
modified major sources.
[[Page 32265]]
viii. Require VOC or NOX emission offsets for new or
modified minor sources.
ix. Increase the ratio of emission offsets required for new
sources.
x. Require VOC or NOX controls on new minor sources
(less than 100 tons).
g. Provisions for Future Updates of the Ozone Maintenance Plan.
As required by section 175A(b) of the CAA, Ohio commits to submit
to the EPA updated ozone maintenance plans eight years after
redesignation to cover an additional 10-year period beyond the initial
10-year maintenance period. Ohio has committed to retain the control
measures for VOC and NOX emissions that were contained in
the SIP before redesignation of the area to attainment, as required by
section 175(A) of the CAA.
EPA proposes that the maintenance plan adequately addresses the
five basic components of a maintenance plan: attainment inventory,
maintenance demonstration, monitoring network, verification of
continued attainment, and a contingency plan.
B. Adequacy of Ohio's Motor Vehicle Emissions Budgets (MVEBs)
1. How Are MVEBs Developed and What Are the MVEBs for the Area?
Under the CAA, States are required to submit, at various times,
control strategy SIP revisions and ozone maintenance plans for ozone
nonattainment areas and for areas seeking redesignation to attainment
of the ozone standard. These emission control strategy SIP revisions
(e.g., reasonable further progress SIP and attainment demonstration SIP
revisions) and ozone maintenance plans create MVEBs based on onroad
mobile source emissions for criteria pollutants and/or their precursors
to address pollution from cars and trucks. The MVEBs are the portions
of the total allowable emissions that are allocated to highway and
transit vehicle use that, together with emissions from other sources in
the area, will provide for attainment or maintenance.
Under 40 CFR Part 93, a MVEB for an area seeking a redesignation to
attainment is established for the last year of the maintenance plan.
The MVEB serves as a ceiling on emissions from an area's planned
transportation system. The MVEB 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 MVEB if needed.
Under section 176(c) of the CAA, new transportation projects, such
as the construction of new highways, must ``conform'' to (i.e., be
consistent with) the part of the SIP that addresses emissions from cars
and trucks. Conformity to the SIP means that transportation activities
will not cause new air quality violations, worsen existing air quality
violations, or delay timely attainment of the NAAQS. If a
transportation plan does not conform, most new transportation projects
that would expand the capacity of roadways cannot go forward.
Regulations at 40 CFR part 93 set forth EPA policy, criteria, and
procedures for demonstrating and assuring conformity of such
transportation activities to a SIP.
When reviewing SIP revisions containing MVEBs, including attainment
strategies, rate-of-progress plans, and maintenance plans, EPA must
affirmatively find that the MVEBs are ``adequate'' for use in
determining transportation conformity. Once EPA affirmatively finds the
submitted MVEBs to be adequate for transportation conformity purposes,
the MVEBs are used by State and Federal agencies in determining whether
proposed transportation projects conform to the SIP as required by
section 176(c) of the CAA. EPA's substantive criteria for determining
the adequacy of MVEBs are set out in 40 CFR 93.118(e)(4).
EPA's process for determining adequacy of a MVEB consists of three
basic steps: (1) Providing public notification of a SIP submission; (2)
providing the public the opportunity to comment on the MVEB during a
public comment period; and, (3) EPA's finding of adequacy. The process
of determining the adequacy of submitted SIP MVEBs was initially
outlined in EPA's May 14, 1999, guidance, ``Conformity Guidance on
Implementation of March 2, 1999, Conformity Court Decision.'' This
guidance was codified in the Transportation Conformity Rule Amendments
for the ``New 8-Hour Ozone and PM2.5 National Ambient Air Quality
Standards and Miscellaneous Revisions for Existing Areas;
Transportation Conformity Rule Amendments--Response to Court Decision
and Additional Rule Change,'' published on July 1, 2004 (69 FR 40004).
EPA follows this guidance and rulemaking in making its adequacy
determinations.
The Columbus area's maintenance plan contains new VOC and
NOX MVEBs for the years 2009 and 2018. The availability of
the SIP submission with these 2009 and 2018 MVEBs was announced for
public comment on EPA's Adequacy Web page on March 5, 2007, at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public
comment period on adequacy of the MVEBs closed on April 6, 2007. No
requests for the submittal or adverse comments on the submittal were
received during the adequacy comment period. In a letter dated April 6,
2007 EPA informed Ohio that we had found the MVEBs to be adequate for
use in transportation conformity analyses.
EPA, through this rulemaking, is proposing to approve the MVEBs for
use in determining transportation conformity in the Columbus area
because the EPA has determined that the area can maintain attainment of
the 8-hour ozone NAAQS for the relevant maintenance period with mobile
source emissions at the levels of the MVEBs.
Motor Vehicle Emissions Budgets for the Columbus, OH Area
------------------------------------------------------------------------
VOC (tons/ NOX (tons/
Year day) day)
------------------------------------------------------------------------
2009.......................................... 72.16 125.43
2018.......................................... 41.50 56.30
------------------------------------------------------------------------
2. 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. As part of its maintenance
plan, the State elected to include a ``safety margin'' for the area.
The attainment level of emissions is the level of emissions during one
of the years in which the area met the NAAQS. Ohio used 2004 as the
attainment level of emissions for the area. In the maintenance plan,
Ohio projected emission levels for 2018. The emissions from point,
area, non-road, and mobile sources in 2004 equaled 183.84 tons/day of
VOC and 207.10 tons/day of NOX. Ohio projected VOC emissions
for the year 2018 to be 127.38 tons/day of VOC and 87.75 tons/day of
NOX. The safety margin is calculated to be the difference
between these amounts or, in this case, 56.46 tons/day of VOC and
119.35 tons/day of NOX for 2018. The safety margin, or a
portion thereof, can be allocated to any of the source categories, as
long as the total attainment level of emissions is maintained. Ohio EPA
allocated 5.41 tons/day of VOC and 7.35 tons/day of NOX to
the MVEB. The SIP submission demonstrates that the area will continue
to maintain the standard.
VIII. What Actions Is EPA Taking Today?
EPA is proposing to make determinations that the Columbus area has
attained the 8-hour ozone NAAQS, and EPA is proposing to approve Ohio's
[[Page 32266]]
maintenance plan for assuring that the area will continue to attain
this standard. EPA is also proposing to find that the Columbus area
meets the redesignation criteria set forth in section 107(d)(3)(E) of
the CAA, and on this basis, EPA is proposing to approve the
redesignation of the Columbus area from nonattainment to attainment for
the 8-hour ozone standard.
Finally, EPA is finding adequate and proposing to approve the 2009
and 2018 VOC and NOX MVEBs submitted by Ohio in conjunction
with the redesignation request.
IX. 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.
Paperwork Reduction Act
This proposed 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.).
Regulatory Flexibility Act
This proposed action merely proposes to approve State law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by State law. Redesignation of an area to
attainment under section 107(d)(3)(E) of the CAA does not impose any
new requirements on small entities. Redesignation is an action that
affects the status of a geographical area and does not impose any new
regulatory requirements on sources. 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 proposes to approve 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 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). Redesignation is an action that merely affects the status of
a geographical area, does not impose any new requirements on sources,
or allows a State to avoid adopting or implementing other requirements,
and does not alter the relationship or the distribution of power and
responsibilities established in the CAA.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' This proposed rule also does not have
tribal implications, as specified in Executive Order 13175, because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands. Thus, Executive Order 13175 does not apply to this
rule.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This proposed 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.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' 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).
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impracticable. In
reviewing program submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Absent a prior
existing requirement for the State to use voluntary consensus
standards, EPA has no authority to disapprove a program submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Act. Redesignation is an action that affects the status of a
geographical area but does not impose any new requirements on sources.
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.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air Pollution Control, National parks,
Wilderness areas.
Dated: June 1, 2007.
Walter Kovalick,
Acting Regional Administrator, Region 5.
[FR Doc. E7-11294 Filed 6-11-07; 8:45 am]
BILLING CODE 6560-50-P