Redesignation of Washington County, OH To Attainment for the 8-Hour Ozone Standard, 1956-1965 [E7-520]
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Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Proposed Rules
III. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
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 proposed
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 proposed
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 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).
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
proposed 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 proposed action
merely approves state law as meeting
Federal requirements and imposes no
additional requirements beyond those
imposed by state law. As a result, it
does not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
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.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
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the CAA. 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 CAA. 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 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.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 3, 2007.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E7–531 Filed 1–16–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2006–0892; FRL–8269–3]
Redesignation of Washington County,
OH To Attainment for the 8-Hour
Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Ohio Environmental
Protection Agency (Ohio EPA)
submitted a request on September 22,
2006, and supplemented it on
November 17, 2006, for redesignation of
Washington County, Ohio (the Ohio
portion of the Parkersburg-Marietta 8hour ozone nonattainment area) to
attainment for the 8-hour ozone
standard. EPA is proposing to approve
the several elements of this request.
First, EPA is making a determination
that complete, quality-assured ambient
air quality data indicate that the
Parkersburg-Marietta area has attained
the 8-hour ozone standard. Furthermore,
preliminary monitoring data for the
2006 ozone season show that the
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Parkersburg-Marietta area continues to
attain the NAAQS. Second, EPA is
proposing to approve, as revisions to the
Ohio State Implementation Plan (SIP),
the State’s plans for maintaining the 8hour ozone NAAQS through 2018.
Third, EPA is proposing to redesignate
Washington County 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 2018
Motor Vehicle Emission Budgets
(MVEBs) for Washington County.
Region 3 will address the West Virginia
portion of the Parkersburg-Marietta area
(Wood County) in a separate rulemaking
action.
DATES: Comments must be received on
or before February 16, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05OAR–2006–0892, by one of the
following methods:
• https://www.regulations.gov/. Follow
the on-line instructions for submitting
comments.
• E-mail: mooney.john@epa.gov.
• 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–2006–
0892. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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
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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 email 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 https://
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 Steve
Marquardt, Environmental Engineer, at
(312) 353–3214 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steve Marquardt, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–3214,
marquardt.steve@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
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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?
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VI. What Is the Effect of These Actions?
VII. What Is EPA’s Analysis of the Requests?
A. Attainment Determination and
Redesignation
B. Adequacy of Ohio’s Motor Vehicle
Emissions Budgets (MVEBs)
VIII. What Actions Is EPA Taking?
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 Parkersburg-Marietta
nonattainment area has attained the
8-hour ozone standard. EPA is also
proposing to approve Ohio’s
maintenance plan SIP revision for
Washington County. The maintenance
plan is designed to keep the
Parkersburg-Marietta nonattainment
area in attainment of the ozone NAAQS
through 2018. EPA is proposing the
Ohio portion of this area (Washington
County) 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
Washington County 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 2018 MVEBs for
the area. The adequacy comment period
for the 2018 MVEBs began on November
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20, 2006, with EPA’s posting of the
availability of these submittals on EPA’s
Adequacy Web site (at https://
www.epa.gov/otaq/stateresources/
transconf/adequacy.htm). The adequacy
comment period for these MVEBs ended
on December 20, 2006. 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 2018 MVEBs for
transportation conformity purposes.
III. What Is the Background for These
Actions?
On September 22, 2006, and with
supplemental information on November
17, 2006, Ohio requested that EPA
redesignate Washington County to
attainment for the 8-hour ozone
standard. The redesignation request
included three years of complete,
quality-assured data for the periods of
2002 through 2004 and 2003 through
2005, indicating that the 8-hour NAAQS
for ozone had been attained for the
Parkersburg-Marietta area. Furthermore,
preliminary monitoring data for the
2006 ozone season show that the area
continues to attain the NAAQS. 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).
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
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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 September 22, 2006, and with
supplemental information provided on
November 17, 2006, Ohio requested
redesignation of Washington County 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
requests would change the official
designation of Washington County 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. They
also establish MVEBs for the year 2018
of 1.67 tons per day (tpd) volatile
organic compounds (VOC) and 1.76 tpd
oxides of nitrogen (NOX) for Washington
County.
These proposed actions pertain to the
designation of Washington County for
the 8-hour ozone NAAQS and to the
emission controls in the County 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 County or live in this County,
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.
VII. What Is EPA’s Analysis of the
Requests?
A. Attainment Determination and
Redesignation
EPA is proposing to make a
determination that the ParkersburgMarietta area has attained the 8-hour
ozone standard and that Washington
County 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 ParkersburgMarietta 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
3-year average of each year’s fourthhighest daily maximum 8-hour average
ozone concentrations. 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 qualityassured 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 ozone monitoring
data for the 2002–2004 and the 2003–
2005 ozone seasons. This submittal
included data from both the Ohio and
West Virginia portions of ParkersburgMarietta. The Ohio EPA and the West
Virginia Department of Environmental
Protection quality assured the ambient
monitoring data in accordance with 40
CFR part 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
2002
4th high
(ppm)
Monitor
Parkersburg-Marietta-Vienna ..
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Area
Washington .............................
39–167–0004 ..........................
Wood (WV) .............................
54–107–1002 ..........................
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 ParkersburgMarietta area has attained the 8-hour
ozone NAAQS.
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2003
4th high
(ppm)
2004
4th high
(ppm)
2003–2005
average
(ppm)
.080
.077
.088
.084
.081
.095
.083
.069
.084
.082
.078
We have determined that Ohio has
met all currently applicable SIP
requirements for purposes of
redesignation for Washington County
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
Frm 00013
2002–2004
average
(ppm)
.095
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))
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(ppm)
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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
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with respect to currently applicable
requirements of the CAA.
a. Washington County 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.
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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 classification 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
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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 8hour 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
Washington County. 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.
Parkersburg-Marietta, which includes
Washington County, Ohio, was
classified as a subpart 1 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 Washington County 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
complete ozone redesignation requests
for Washington County prior to the
deadline for any submissions required
for purposes of redesignation, we have
determined that these requirements do
not apply to Washington County for
purposes of redesignation.
Section 176 conformity requirements.
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that federallysupported 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
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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, Washington County has
satisfied all applicable requirements
under section 110 and part D of the
CAA.
b. Washington County has a fully
approved applicable SIP under section
110(k) of the CAA.
EPA has fully approved the Ohio SIP
for Washington County 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
Washington County under the 1-hour
ozone standard. No Washington County
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 Parkersburg-
Marietta area is due to permanent and
enforceable reductions in emissions
resulting from implementation of the
SIP, federal measures, and other stateadopted measures.
In making this demonstration, the
State has calculated the change in
emissions between 2002 and 2004, one
of the years the Parkersburg-Marietta
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 nonEGU 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 ParkersburgMarietta area and elsewhere in Ohio and
West Virginia 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 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.—WASHINGTON COUNTY, OHIO AND WOOD COUNTY, WEST VIRGINIA: TOTAL VOC AND NOX EMISSIONS FOR
NONATTAINMENT YEAR 2002 (TPD)
Washington
VOC
Wood
NOX
VOC
Total
NOX
VOC
NOX
Point .................................................................................
Area ..................................................................................
Nonroad ...........................................................................
Onroad .............................................................................
2.08
2.97
1.25
4.40
94.58
0.21
5.33
5.66
1.80
7.60
2.80
4.70
2.60
0.70
4.90
6.10
3.88
10.57
4.05
9.10
97.18
0.91
10.23
11.76
Total ..........................................................................
10.70
105.78
16.90
14.30
27.60
120.08
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TABLE 3.—WASHINGTON COUNTY, OHIO AND WOOD COUNTY, WEST VIRGINIA: TOTAL VOC AND NOX EMISSIONS FOR
ATTAINMENT YEAR 2004 (TPD)
Washington
VOC
Point .................................................................................
Area ..................................................................................
Nonroad ...........................................................................
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2.06
2.92
1.17
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Wood
NOX
VOC
71.87
0.22
5.00
Sfmt 4702
2.10
7.80
2.80
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Total
NOX
2.60
0.70
6.20
17JAP1
VOC
4.16
10.72
3.97
NOX
74.47
0.92
11.20
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TABLE 3.—WASHINGTON COUNTY, OHIO AND WOOD COUNTY, WEST VIRGINIA: TOTAL VOC AND NOX EMISSIONS FOR
ATTAINMENT YEAR 2004 (TPD)—Continued
Washington
VOC
Wood
NOX
Total
VOC
NOX
VOC
NOX
Onroad .............................................................................
3.40
4.85
4.00
5.70
7.40
10.55
Total ..........................................................................
9.55
81.94
16.70
15.20
26.25
97.14
TALBE 4.—WASHINGTON COUNTY, OHIO AND WOOD COUNTY, WEST VIRGINIA: COMPARISON OF 2002 AND 2004 VOC
AND NOX EMISSIONS (TPD)
VOC
NOX
Sector
2002
Net change
(2002–2004)
2004
2002
Net change
(2002–2004)
2004
Point .........................................................
Area ..........................................................
Nonroad ...................................................
Onroad .....................................................
3.88
10.57
4.05
9.10
4.16
10.72
3.97
7.40
+0.28
+0.15
¥0.08
¥1.70
97.18
0.91
10.23
11.76
74.47
0.92
11.20
10.55
¥22.71
+0.01
+0.97
¥1.21
Total ..................................................
27.60
26.25
¥1.35
120.08
97.14
¥22.94
Table 4 shows that the area reduced
VOC emissions by 1.35 tpd, and NOX
emissions by 22.94 tpd, 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 Washington County to
attainment status, Ohio submitted SIP
revisions to provide for the maintenance
of the 8-hour ozone NAAQS in this area
through 2018.
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.
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.
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 5, below.
TABLE 5.—WASHINGTON COUNTY, OHIO AND WOOD COUNTY, WEST VIRGINIA: TOTAL VOC AND NOX EMISSIONS FOR
ATTAINMENT YEAR 2004 (TPD)
Washington
VOC
Wood
NOX
VOC
Total
NOX
VOC
NOX
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Point .................................................................................
Area ..................................................................................
Nonroad ...........................................................................
Onroad .............................................................................
2.06
2.92
1.17
3.40
71.87
0.22
5.00
4.85
2.10
7.80
2.80
4.00
2.60
0.70
6.20
5.70
4.16
10.72
3.97
7.40
74.47
0.92
11.20
10.55
Total ..........................................................................
9.55
81.94
16.70
15.20
26.25
97.14
c. Demonstration of Maintenance
Ohio submitted revisions to the 8hour ozone SIP to include 12-year
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maintenance plans for Washington
County, in compliance with section
175A of the CAA. Information was also
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provided regarding the West Virginia
maintenance plan SIP revision. This
demonstration shows maintenance of
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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 6.
TABLE 6.—WASHINGTON COUNTY, OHIO AND WOOD COUNTY, WEST VIRGINIA: COMPARISON OF 2004–2018 VOC AND
NOX EMISSIONS (TPD)
VOC
NOX
Sector
2004
2009
2018
Point .................................................................................
Area ..................................................................................
Nonroad ...........................................................................
Onroad .............................................................................
4.16
10.72
3.97
7.40
3.68
10.01
3.36
5.59
4.40
10.90
2.77
3.57
Total ..........................................................................
26.25
22.64
21.64
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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 4.61 tpd and 60.18 tpd,
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
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 26.25 tpd of
VOC. Ohio projected VOC emissions for
the year 2018 to be 21.64 tpd of VOC.
The SIP submission demonstrates that
the area will continue to maintain the
standard. The safety margin for VOC is
calculated to be the difference between
these amounts or, in this case, 4.61 tpd
of VOC 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.
d. Monitoring Network
Ohio currently operates one ozone
monitor in Washington County. Ohio
has committed to continue operating
and maintaining an approved ozone
monitor network in accordance with 40
CFR part 58. West Virginia has also
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Net Change
2004–2018
2009
2018
+0.24
+0.18
¥1.20
¥3.83
74.47
0.92
11.20
10.55
17.67
0.94
8.57
7.68
24.76
1.05
7.39
3.76
¥49.71
+0.13
¥3.81
¥6.79
¥4.61
97.14
34.86
36.96
¥60.18
made a similar commitment with
respect to its monitor.
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 and to consider monitoring
data that West Virginia will be
collecting. 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
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Net Change
2004–2018
2004
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
(Parkersburg-Marietta 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
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(Parkersburg-Marietta 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 8hour 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 Clean Air Act;
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
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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.
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 has concluded 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. The maintenance
plan SIP revision has met the
requirements of section 175A of the
CAA.
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
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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
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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.
Conformity in the ParkersburgMarietta area is managed by establishing
and adhering to separate budgets for
Washington County, Ohio and Wood
County, West Virginia. This rulemaking
is addressing a budget that Ohio
requested for its portion of the area. A
separate rulemaking will address the
adequacy of West Virginia’s requested
budget for the West Virginia portion of
the area. The Washington County
maintenance plan contains new VOC
and NOX MVEBs for the year 2018. The
availability of the SIP submissions with
these 2018 MVEBs was announced for
public comment on EPA’s Adequacy
Web page on November 20, 2006, at:
https://www.epa.gov/otaq/
stateresources/transconf/currsips.htm.
The EPA public comment period on
adequacy of the 2018 MVEBs closed on
December 20, 2006. No requests for
these submittals or adverse comments
on these submittals were received
during the adequacy comment period.
In a letter dated, December 28 2006,
EPA informed Ohio that we had found
the 2018 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 Washington County
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.
Ohio has determined the 2009 MVEBs
for Washington County to be 2.59 tpd
VOC and 3.58 tpd of NOX and the 2018
MVEBs for Washington County to be
1.67 tpd for VOC and 1.76 tpd for NOX.
Ohio decided to include 15 percent
safety margins in the MVEBs to provide
for mobile source growth not
anticipated in the projected 2018
emissions.
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
noted in Table 6, the ParkersburgMarietta area VOC and NOX emissions
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are projected to have safety margins of
4.61 tpd for VOC and 60.18 tpd for NOX
in 2018 (the difference between the
attainment year, 2004, emissions and
the projected 2018 emissions for all
sources in the Parkersburg-Marietta 8hour ozone nonattainment area
(Washington County, Ohio and Wood
County, West Virginia). Even if
emissions reach the full level of the
safety margin, the counties would still
demonstrate maintenance since
emission levels would equal those in
the attainment year.
VIII. What Actions Is EPA Taking?
EPA is proposing to make
determinations that the ParkersburgMarietta area has attained the 8-hour
ozone NAAQS and EPA is proposing to
approve Ohio’s maintenance plan for
assuring that the area will continue to
attain this standard. EPA is also
proposing to find that Washington
County 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 Washington County from
nonattainment to attainment for the 8hour ozone standard.
Finally, EPA is finding adequate and
proposing to approve the 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 Clean Air Act 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
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
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 Clean
Air Act.
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.
Although Executive Order 13175 does
not apply to this rule, EPA met with
interested tribes in Michigan to discuss
the redesignation process and the
impact of a change in designation status
of these areas on the tribes.
E:\FR\FM\17JAP1.SGM
17JAP1
Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Proposed Rules
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.
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 Clean Air Act. 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
mstockstill on PROD1PC61 with PROPOSALS
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
40 CFR Part 81
Air Pollution Control, Environmental
protection, National parks, Wilderness
areas.
Jkt 211001
DEPARTMENT OF TRANSPORTATION
49 CFR Part 262
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).
13:17 Jan 16, 2007
BILLING CODE 6560–50–P
Federal Railroad Administration
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
VerDate Aug<31>2005
Dated: January 4, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7–520 Filed 1–16–07; 8:45 am]
[Docket No. FRA 2005–23774, Notice
No. 1]
RIN 2130–AB74
Implementation of Program for Capital
Grants for Rail Line Relocation and
Improvement Projects
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: Section 9002 of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) (Pub. L. 109–59,
August 10, 2005) amends chapter 201 of
Title 49 of the United States Code by
adding section 20154. Section 20154
authorizes—but does not appropriate—
$350,000,000 per year for each of the
fiscal years (FY) 2006 through 2009 for
the purpose of funding a grant program
to provide financial assistance for local
rail line relocation and improvement
projects. Section 20154 directs the
Secretary of Transportation (Secretary)
to issue regulations implementing this
grant program, and the Secretary has
delegated this responsibility to FRA.
This NPRM proposes a regulation
intended to carry out that statutory
mandate. As of the publication of this
NPRM, Congress had not appropriated
any funding for the program for FY 2006
or FY 2007.
DATES: (1) Written Comments: Written
comments must be received on or before
March 5, 2007. Comments received after
that date will be considered to the
extent possible without incurring
additional expense or delay.
(2) Public Hearing: Requests for a
public hearing must be in writing and
must be submitted to the Department of
Transportation Docket Management
System at the address below on or
before March 5, 2007. If a public hearing
is requested and scheduled, FRA will
announce the date, location, and
additional details concerning the
hearing by separate notice in the
Federal Register.
PO 00000
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Fmt 4702
Sfmt 4702
1965
You may submit comments
identified by DOT DMS Docket Number
FRA 2005–23774 by any of the
following methods:
• Web site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 am and 5 pm, Monday
through Friday, except Federal holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Identification
Number (RIN) for this rulemaking. Note
that all comments received will be
posted without change to https://
dms.dot.gov, including any personal
information provided. Please see the
Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of
this document for Privacy Act
information related to any submitted
comments or materials.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 am and 5
pm, Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: John
A. Winkle, Transportation Industry
Analyst, Office of Railroad
Development, Federal Railroad
Administration, 1120 Vermont Avenue,
NW., Mail Stop 13, Washington, DC
20590 (John.Winkle@fra.dot.gov or 202–
493–6320); or Elizabeth A. Sorrells,
Attorney-Advisor, Office of Chief
Counsel, Federal Railroad
Administration, 1120 Vermont Avenue,
NW., Mail Stop 10, Washington, DC
20590 (Betty.Sorrells@fra.dot.gov or
202–493–6057).
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
Much of the economic growth of the
United States can be linked directly to
the expansion of rail service. As the
nation moved westward, railroads
expanded to provide transportation
services to growing communities. No
E:\FR\FM\17JAP1.SGM
17JAP1
]]>Agencies
[Federal Register Volume 72, Number 10 (Wednesday, January 17, 2007)]
[Proposed Rules]
[Pages 1956-1965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-520]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2006-0892; FRL-8269-3]
Redesignation of Washington County, OH 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 September 22, 2006, and supplemented it on November 17,
2006, for redesignation of Washington County, Ohio (the Ohio portion of
the Parkersburg-Marietta 8-hour ozone nonattainment area) to attainment
for the 8-hour ozone standard. EPA is proposing to approve the several
elements of this request. First, EPA is making a determination that
complete, quality-assured ambient air quality data indicate that the
Parkersburg-Marietta area has attained the 8-hour ozone standard.
Furthermore, preliminary monitoring data for the 2006 ozone season show
that the Parkersburg-Marietta area continues to attain the NAAQS.
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
Washington County 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 2018 Motor Vehicle Emission Budgets (MVEBs) for Washington
County. Region 3 will address the West Virginia portion of the
Parkersburg-Marietta area (Wood County) in a separate rulemaking
action.
DATES: Comments must be received on or before February 16, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0892, by one of the following methods:
https://www.regulations.gov/. Follow the on-line
instructions for submitting comments.
E-mail: mooney.john@epa.gov.
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-
2006-0892. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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
[[Page 1957]]
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 https://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 Steve Marquardt,
Environmental Engineer, at (312) 353-3214 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Steve Marquardt, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-3214, marquardt.steve@epa.gov.
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?
VI. What Is the Effect of These Actions?
VII. What Is EPA's Analysis of the Requests?
A. Attainment Determination and Redesignation
B. Adequacy of Ohio's Motor Vehicle Emissions Budgets (MVEBs)
VIII. What Actions Is EPA Taking?
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 Parkersburg-Marietta nonattainment area has
attained the 8-hour ozone standard. EPA is also proposing to approve
Ohio's maintenance plan SIP revision for Washington County. The
maintenance plan is designed to keep the Parkersburg-Marietta
nonattainment area in attainment of the ozone NAAQS through 2018. EPA
is proposing the Ohio portion of this area (Washington County) 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 Washington County 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 2018 MVEBs for the area. The adequacy
comment period for the 2018 MVEBs began on November 20, 2006, with
EPA's posting of the availability of these submittals on EPA's Adequacy
Web site (at https://www.epa.gov/otaq/stateresources/transconf/
adequacy.htm). The adequacy comment period for these MVEBs ended on
December 20, 2006. 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 2018 MVEBs for transportation conformity purposes.
III. What Is the Background for These Actions?
On September 22, 2006, and with supplemental information on
November 17, 2006, Ohio requested that EPA redesignate Washington
County to attainment for the 8-hour ozone standard. The redesignation
request included three years of complete, quality-assured data for the
periods of 2002 through 2004 and 2003 through 2005, indicating that the
8-hour NAAQS for ozone had been attained for the Parkersburg-Marietta
area. Furthermore, preliminary monitoring data for the 2006 ozone
season show that the area continues to attain the NAAQS. 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).
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
[[Page 1958]]
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 September 22, 2006, and with supplemental information provided
on November 17, 2006, Ohio requested redesignation of Washington County
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 requests would change the official
designation of Washington County 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. They also establish MVEBs for the year 2018 of 1.67 tons per day
(tpd) volatile organic compounds (VOC) and 1.76 tpd oxides of nitrogen
(NOX) for Washington County.
These proposed actions pertain to the designation of Washington
County for the 8-hour ozone NAAQS and to the emission controls in the
County 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 County or live in this County, 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.
VII. What Is EPA's Analysis of the Requests?
A. Attainment Determination and Redesignation
EPA is proposing to make a determination that the Parkersburg-
Marietta area has attained the 8-hour ozone standard and that
Washington County 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 Parkersburg-
Marietta 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 3-year average of each year's fourth-highest
daily maximum 8-hour average ozone concentrations. 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 ozone monitoring data for the 2002-2004 and the
2003-2005 ozone seasons. This submittal included data from both the
Ohio and West Virginia portions of Parkersburg-Marietta. The Ohio EPA
and the West Virginia Department of Environmental Protection quality
assured the ambient monitoring data in accordance with 40 CFR part
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
2002 4th 2003 4th 2004 4th 2005 4th 2002-2004 2003-2005
Area Monitor high high high high average average
(ppm) (ppm) (ppm) (ppm) (ppm) (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Parkersburg-Marietta-Vienna................... Washington...................... .095 .080 .077 .088 .084 .081
39-167-0004.....................
Wood (WV)....................... .095 .083 .069 .084 .082 .078
54-107-1002.....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 Parkersburg-Marietta 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 Washington County 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
[[Page 1959]]
with respect to currently applicable requirements of the CAA.
a. Washington County 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 classification 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 Washington County. 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. Parkersburg-Marietta, which includes
Washington County, Ohio, was classified as a subpart 1 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 Washington County 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 complete ozone
redesignation requests for Washington County prior to the deadline for
any submissions required for purposes of redesignation, we have
determined that these requirements do not apply to Washington County
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
[[Page 1960]]
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, Washington County has satisfied all
applicable requirements under section 110 and part D of the CAA.
b. Washington County has a fully approved applicable SIP under
section 110(k) of the CAA.
EPA has fully approved the Ohio SIP for Washington County 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 Washington
County under the 1-hour ozone standard. No Washington County 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 Parkersburg-Marietta 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 the Parkersburg-
Marietta 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 Parkersburg-
Marietta area and elsewhere in Ohio and West Virginia 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 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.--Washington County, Ohio and Wood County, West Virginia: Total VOC and NOX Emissions for Nonattainment
Year 2002 (tpd)
----------------------------------------------------------------------------------------------------------------
Washington Wood Total
-----------------------------------------------------------------------------
VOC NOX VOC NOX VOC NOX
----------------------------------------------------------------------------------------------------------------
Point............................. 2.08 94.58 1.80 2.60 3.88 97.18
Area.............................. 2.97 0.21 7.60 0.70 10.57 0.91
Nonroad........................... 1.25 5.33 2.80 4.90 4.05 10.23
Onroad............................ 4.40 5.66 4.70 6.10 9.10 11.76
-----------------------------------------------------------------------------
Total......................... 10.70 105.78 16.90 14.30 27.60 120.08
----------------------------------------------------------------------------------------------------------------
Table 3.--Washington County, Ohio and Wood County, West Virginia: Total VOC and NOX Emissions for Attainment
Year 2004 (tpd)
----------------------------------------------------------------------------------------------------------------
Washington Wood Total
-----------------------------------------------------------------------------
VOC NOX VOC NOX VOC NOX
----------------------------------------------------------------------------------------------------------------
Point............................. 2.06 71.87 2.10 2.60 4.16 74.47
Area.............................. 2.92 0.22 7.80 0.70 10.72 0.92
Nonroad........................... 1.17 5.00 2.80 6.20 3.97 11.20
[[Page 1961]]
Onroad............................ 3.40 4.85 4.00 5.70 7.40 10.55
-----------------------------------------------------------------------------
Total......................... 9.55 81.94 16.70 15.20 26.25 97.14
----------------------------------------------------------------------------------------------------------------
Talbe 4.--Washington County, Ohio and Wood County, West Virginia: Comparison of 2002 and 2004 VOC and NOX Emissions (tpd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Sector Net change Net change
2002 2004 (2002-2004) 2002 2004 (2002-2004)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 3.88 4.16 +0.28 97.18 74.47 -22.71
Area.................................................... 10.57 10.72 +0.15 0.91 0.92 +0.01
Nonroad................................................. 4.05 3.97 -0.08 10.23 11.20 +0.97
Onroad.................................................. 9.10 7.40 -1.70 11.76 10.55 -1.21
-----------------------------------------------------------------------------------------------
Total............................................... 27.60 26.25 -1.35 120.08 97.14 -22.94
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4 shows that the area reduced VOC emissions by 1.35 tpd, and
NOX emissions by 22.94 tpd, 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 Washington County 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 5, below.
Table 5.--Washington County, Ohio and Wood County, West Virginia: Total VOC and NOX Emissions for Attainment
Year 2004 (tpd)
----------------------------------------------------------------------------------------------------------------
Washington Wood Total
-----------------------------------------------------------------------------
VOC NOX VOC NOX VOC NOX
----------------------------------------------------------------------------------------------------------------
Point............................. 2.06 71.87 2.10 2.60 4.16 74.47
Area.............................. 2.92 0.22 7.80 0.70 10.72 0.92
Nonroad........................... 1.17 5.00 2.80 6.20 3.97 11.20
Onroad............................ 3.40 4.85 4.00 5.70 7.40 10.55
-----------------------------------------------------------------------------
Total......................... 9.55 81.94 16.70 15.20 26.25 97.14
----------------------------------------------------------------------------------------------------------------
c. Demonstration of Maintenance
Ohio submitted revisions to the 8-hour ozone SIP to include 12-year
maintenance plans for Washington County, in compliance with section
175A of the CAA. Information was also provided regarding the West
Virginia maintenance plan SIP revision. This demonstration shows
maintenance of
[[Page 1962]]
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 6.
Table 6.--Washington County, Ohio and Wood County, West Virginia: Comparison of 2004-2018 VOC and NOX Emissions
(tpd)
----------------------------------------------------------------------------------------------------------------
VOC NOX
-------------------------------------------------------------------------------
Sector Net Change Net Change
2004 2009 2018 2004-2018 2004 2009 2018 2004-2018
----------------------------------------------------------------------------------------------------------------
Point........................... 4.16 3.68 4.40 +0.24 74.47 17.67 24.76 -49.71
Area............................ 10.72 10.01 10.90 +0.18 0.92 0.94 1.05 +0.13
Nonroad......................... 3.97 3.36 2.77 -1.20 11.20 8.57 7.39 -3.81
Onroad.......................... 7.40 5.59 3.57 -3.83 10.55 7.68 3.76 -6.79
-------------------------------------------------------------------------------
Total....................... 26.25 22.64 21.64 -4.61 97.14 34.86 36.96 -60.18
----------------------------------------------------------------------------------------------------------------
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 4.61 tpd and 60.18 tpd,
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 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 26.25 tpd of VOC.
Ohio projected VOC emissions for the year 2018 to be 21.64 tpd of VOC.
The SIP submission demonstrates that the area will continue to maintain
the standard. The safety margin for VOC is calculated to be the
difference between these amounts or, in this case, 4.61 tpd of VOC 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.
d. Monitoring Network
Ohio currently operates one ozone monitor in Washington County.
Ohio has committed to continue operating and maintaining an approved
ozone monitor network in accordance with 40 CFR part 58. West Virginia
has also made a similar commitment with respect to its monitor.
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 and to consider monitoring data
that West Virginia will be collecting. 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 (Parkersburg-Marietta 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
[[Page 1963]]
(Parkersburg-Marietta 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 Clean Air Act;
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.
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 has concluded 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. The maintenance plan SIP
revision has met the requirements of section 175A of the CAA.
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
[[Page 1964]]
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.
Conformity in the Parkersburg-Marietta area is managed by
establishing and adhering to separate budgets for Washington County,
Ohio and Wood County, West Virginia. This rulemaking is addressing a
budget that Ohio requested for its portion of the area. A separate
rulemaking will address the adequacy of West Virginia's requested
budget for the West Virginia portion of the area. The Washington County
maintenance plan contains new VOC and NOX MVEBs for the year
2018. The availability of the SIP submissions with these 2018 MVEBs was
announced for public comment on EPA's Adequacy Web page on November 20,
2006, at: https://www.epa.gov/otaq/stateresources/transconf/
currsips.htm. The EPA public comment period on adequacy of the 2018
MVEBs closed on December 20, 2006. No requests for these submittals or
adverse comments on these submittals were received during the adequacy
comment period. In a letter dated, December 28 2006, EPA informed Ohio
that we had found the 2018 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 Washington County
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. Ohio has determined the
2009 MVEBs for Washington County to be 2.59 tpd VOC and 3.58 tpd of
NOX and the 2018 MVEBs for Washington County to be 1.67 tpd
for VOC and 1.76 tpd for NOX. Ohio decided to include 15
percent safety margins in the MVEBs to provide for mobile source growth
not anticipated in the projected 2018 emissions.
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 noted in Table 6, the
Parkersburg-Marietta area VOC and NOX emissions are
projected to have safety margins of 4.61 tpd for VOC and 60.18 tpd for
NOX in 2018 (the difference between the attainment year,
2004, emissions and the projected 2018 emissions for all sources in the
Parkersburg-Marietta 8-hour ozone nonattainment area (Washington
County, Ohio and Wood County, West Virginia). Even if emissions reach
the full level of the safety margin, the counties would still
demonstrate maintenance since emission levels would equal those in the
attainment year.
VIII. What Actions Is EPA Taking?
EPA is proposing to make determinations that the Parkersburg-
Marietta area has attained the 8-hour ozone NAAQS and EPA is proposing
to approve Ohio's maintenance plan for assuring that the area will
continue to attain this standard. EPA is also proposing to find that
Washington County 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 Washington County from nonattainment to attainment
for the 8-hour ozone standard.
Finally, EPA is finding adequate and proposing to approve the 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 Clean Air Act 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 Clean Air Act.
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.
Although Executive Order 13175 does not apply to this rule, EPA met
with interested tribes in Michigan to discuss the redesignation process
and the impact of a change in designation status of these areas on the
tribes.
[[Page 1965]]
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 Clean Air Act. 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 oxides, Ozone, Volatile organic compounds.
40 CFR Part 81
Air Pollution Control, Environmental protection, National parks,
Wilderness areas.
Dated: January 4, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7-520 Filed 1-16-07; 8:45 am]
BILLING CODE 6560-50-P
