[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Rules and Regulations]
[Pages 72954-72956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29784]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0656; FRL-9232-2]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Ohio Portion of the Cincinnati-Hamilton Area; 8-Hour Ozone
Maintenance Plan
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: EPA is approving a revision to the maintenance plan for the
Ohio portion of the Cincinnati-Hamilton, OH-KY-IN 8-hour ozone area.
The Cincinnati-Hamilton area includes Butler, Clermont, Clinton,
Hamilton, and Warren Counties in Ohio, Lawrenceburg Township in
Dearborn County, Indiana, and Boone, Campbell, and Kenton Counties in
Kentucky. The Ohio Environmental Protection Agency (Ohio EPA) submitted
a maintenance plan revision on July 6, 2010. The submittal contained
revisions to 2015 and 2020 NOX point source emissions
projections for Butler County to reflect modifications at a major
source that will occur during the maintenance period.
DATES: This direct final rule will be effective January 28, 2011,
unless EPA receives adverse comments by December 29, 2010. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0656, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (312) 692-2551.
4. Mail: John M. Mooney, Chief, Attainment Planning and Maintenance
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, 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-
2010-0656. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov or e-mail. The http://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 http://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.
Docket: All documents in the docket are listed in the http://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 http://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 Federal
holidays. We recommend that you telephone Kathleen D'Agostino,
Environmental Engineer, at (312) 886-1767 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
[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:
I. What is the background for this action?
II. What revisions are being made to the maintenance plan?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
[[Page 72955]]
I. What is the background for this action?
On May 11, 2010 (75 FR 26118), EPA redesignated the Ohio and
Indiana portions of the Cincinnati-Hamilton area to attainment for the
1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). At
that time, EPA also approved, as a revision to the Ohio and Indiana
State Implementation Plans (SIP), the States' plans for maintaining the
8-hour ozone NAAQS through 2020 in the area.
The Ohio and Indiana plans demonstrated maintenance of the 8-hour
ozone standard through 2020 by showing that current and future
emissions of VOC and NOX for the Cincinnati-Hamilton area
remain at or below attainment year emission levels. The Cincinnati-
Hamilton area attained the 8-hour ozone NAAQS during the 2007-2009 time
period. For attainment emission levels, Ohio and Indiana used 2008
inventories. Emissions inventory projections for the years 2015 and
2020 were used to demonstrate maintenance.
As part of their maintenance plans, the States 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. For the Ohio
and Indiana portion of the Cincinnati-Hamilton area, the emissions from
point, area, nonroad, and mobile sources in 2008 equaled 144.22 tons
per day (tpd) and 230.28 tpd of VOC and NOX, respectively.
In the maintenance plans, Ohio and Indiana projected VOC and
NOX emission levels for 2020 to be 117.70 tpd and 197.75
tpd, respectively. The SIP submissions demonstrated that the
Cincinnati-Hamilton area will continue to maintain the standard with
emissions at this level. The safety margin was calculated to be the
difference between 2008 and 2020 emissions levels. The 2020 safety
margin for VOC was 26.52 tpd (i.e., 144.22 tpd less 117.70). For
NOX, the 2020 safety margin was 32.53 tpd. Using the same
method of calculation, the 2015 safety margins for VOC and
NOX were 23.40 tpd and 17.50 tpd, respectively. 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.
At the time the maintenance plan was approved, EPA also approved
VOC and NOX Motor Vehicle Emissions Budgets (MVEBs) for 2015
and 2020 for the Ohio and Indiana portions of the Cincinnati-Hamilton
area. The MVEBs requested by Ohio EPA and the Indiana Department of
Environmental Management (IDEM) contained safety margins for mobile
sources smaller than the allowable safety margins reflected in the
total emissions for the Ohio and Indiana portions of the Cincinnati-
Hamilton area. For VOC, mobile safety margins of 4.14 tpd and 3.76 tpd
were included for 2015 and 2020, respectively. For NOX,
mobile safety margins of 6.39 tpd and 4.49 tpd were included for 2015
and 2020, respectively.
II. What revisions are being made to the maintenance plan?
Ohio submitted revisions to 2015 and 2020 NOX point
source emissions projections for Butler County to reflect modifications
at a major source which will occur during the maintenance period. These
revised projections show an increase of 1.31 tons per day (tpd) of
NOX in both 2015 and 2020. As shown in Table 1, for the Ohio
and Indiana portions of the Cincinnati-Hamilton area, 2015 and 2020
emissions remain below attainment levels.
Table 1--Comparison of 2008, 2015 and 2020 VOC and NOX Emissions for the Ohio and Indiana Portion of the Cincinnati-Hamilton Area (tpd)
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VOC NOX
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Net change Net change Net change Net change
2008 2015 2020 (2008-2015) (2008-2020) 2008 2015 2020 (2008-2015) (2008-2020)
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Point............................. 10.65 12.85 13.53 2.20 2.88 88.97 135.21 138.43 46.24 49.46
Area.............................. 57.73 54.33 54.33 -3.40 -3.40 10.98 11.03 11.03 0.05 0.05
Onroad............................ 30.51 27.59 25.06 -2.92 -5.45 91.67 42.61 29.90 -49.06 -61.77
Nonroad........................... 45.33 26.05 24.78 -19.28 -20.55 38.66 25.24 19.70 -13.42 -18.96
Total......................... 144.22 120.82 117.70 -23.40 -26.52 230.28 214.09 199.06 -16.19 -31.22
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For the Ohio and Indiana portion of the Cincinnati-Hamilton area,
the NOX emissions from point, area, nonroad, and mobile
sources in 2008 equaled 230.28 tpd. For 2015, projected NOX
emission levels equal 214.09 tpd. The safety margin for NOX
is calculated to be the difference between these amounts or, in this
case, 16.19 tpd for 2015. For 2020, the NOX safety margin is
31.22 tpd. The portion of the NOX safety margins allocated
to the onroad mobile source sector when the MVEBs were approved remains
smaller than the revised allowable safety margins reflected in the
total emissions for the Ohio and Indiana portion of the Cincinnati-
Hamilton area. Because no changes were made to the VOC inventories, the
safety margins remain unchanged.
III. What action is EPA taking?
EPA is approving a revision to the maintenance plan for the Ohio
portion of the Cincinnati-Hamilton 8-hour ozone area. Changes were made
to the 2015 and 2020 NOX point source emissions projections
for Butler County to reflect modifications at a major source that will
occur during the maintenance period.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the State plan if relevant adverse
written comments are filed. This rule will be effective January 28,
2011 without further notice unless we receive relevant adverse written
comments by December 29, 2010. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. Please note that if EPA
[[Page 72956]]
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment. If we do not receive any comments,
this action will be effective January 28, 2011.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves State law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
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 action 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 28, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: November 15, 2010.
Susan Hedman,
Regional Administrator, Region 5.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
2. Section 52.1885 is amended by adding paragraph (ff)(11) to read
as follows:
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(ff) * * *
(11) Approval--On July 6, 2010, the Ohio Environmental Protection
Agency submitted a request to revise the maintenance plan for the Ohio
portion of the Cincinnati-Hamilton, OH-KY-IN 8-hour ozone area. The
submittal revises 2015 and 2020 NOX point source emissions
projections for Butler County.
* * * * *
[FR Doc. 2010-29784 Filed 11-26-10; 8:45 am]
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