Approval and Promulgation of Implementation Plans; Kentucky: Kentucky Portion of Cincinnati-Hamilton, Revision to the Motor Vehicle Emissions Budgets, 33726-33731 [2013-13186]
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36. In § 254.15, revise the last
sentence of paragraph (c)(2) to read as
follows:
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§ 254.15
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Title standards.
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(c) * * *
(2) * * * If an agreement cannot be
reached, the authorized officer shall
consider other alternatives to
accommodate the authorized use or
shall determine whether there are
specific and compelling reasons in the
public interest for revoking the
authorization for that use pursuant to 36
CFR 251.60.
PART 292—NATIONAL RECREATION
AREAS
Subpart C—Sawtooth National
Recreation Area—Private Lands
37. The authority citation for part 292,
subpart C, continues to read as follows:
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Authority: Sec. 4(a), Act of Aug. 22, 1972
(86 Stat. 613).
38. In § 292.15, revise paragraph (l) to
read as follows:
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§ 292.15
General provisions—procedures.
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(l) Appeals. Denial or revocation of a
certification of compliance under this
subpart is subject to appeal under 36
CFR part 214.
Subpart D—Sawtooth National
Recreation Area—Federal Lands
39. The authority citation for part 292,
subpart D, is revised to read as follows:
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Authority: 16 U.S.C. 460aa–10, 478, 551.
40. In § 292.18, revise paragraph (f) to
read as follows:
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§ 292.18
Mineral resources.
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(f) Operating plans—suspension,
revocation, or modification. The
authorized officer may suspend or
revoke authorization to operate in whole
or in part where such operations are
causing substantial impairment which
cannot be mitigated. At any time during
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values of the SNRA.
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Dated: March 25, 2013.
Authur L. Blazer,
Deputy, Under Secretary, U.S. Forest Service.
[FR Doc. 2013–13260 Filed 6–4–13; 8:45 am]
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[EPA–R04–OAR–2013–0062; FRL–9820–1]
Approval and Promulgation of
Implementation Plans; Kentucky:
Kentucky Portion of CincinnatiHamilton, Revision to the Motor
Vehicle Emissions Budgets
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve a revision to the
Kentucky State Implementation Plan
(SIP), submitted to EPA on August 9,
2012, by the Commonwealth of
Kentucky, through the Kentucky Energy
and Environment Cabinet, Division for
Air Quality (DAQ). Kentucky’s August
9, 2012, SIP revision includes changes
to the maintenance plan for the
Kentucky portion of the CincinnatiHamilton, OH–KY–IN, maintenance
area for the 1997 8-hour ozone national
ambient air quality standards (NAAQS).
The Cincinnati-Hamilton, OH–KY–IN,
maintenance area for the 1997 8-hour
ozone NAAQS includes the counties of
Boone, Campbell and Kenton in
Kentucky (hereafter also referred to as
Northern Kentucky); a portion of
Dearborn County, Indiana; and the
entire counties of Butler, Clermont,
Clinton, Hamilton and Warren in Ohio.
Kentucky’s August 9, 2012, SIP revision
proposes to update the motor vehicle
emissions budget using an updated
mobile emissions model, the Motor
Vehicle Emissions Simulator (also
known as MOVES2010a), and to
increase the safety margin allocated to
motor vehicle emissions budgets
(MVEBs or budgets) for nitrogen oxides
(NOX) and volatile organic compounds
(VOC) for Northern Kentucky to account
for changes in the emissions model and
vehicle miles traveled (VMT) projection
model. EPA is approving this SIP
revision and deeming the MVEB
adequate for transportation conformity
purposes, because the Commonwealth
has demonstrated that it is consistent
with the Clean Air Act (CAA or Act).
DATES: This rule is effective on August
5, 2013 without further notice, unless
EPA receives relevant adverse comment
by July 5, 2013. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
PO 00000
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OAR–2013–0062 by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4–RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2013–0062,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2013–
0062. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
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made available on the Internet. If you
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recommends that you include your
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the body of your comment and with any
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you for clarification, EPA may not be
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about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
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listed in the index, some information is
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materials are available either
electronically in www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Quality and
Transportation Modeling Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Kelly
Sheckler may be reached by phone at
(404) 562–9222 or by electronic mail
address sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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I. What is the background for this action?
a. SIP Budgets and Transportation
Conformity
b. Prior Approval of Budgets
c. The MOVES Emissions Model and
Regional Transportation Conformity
Grace Period
d. Submissions of New Budgets Based on
MOVES2010a
II. What are the criteria for approval?
III. What is EPA’s analysis of the
Commonwealth’s SIP revision?
a. Approvability of the MOVES2010aBased Budgets
b. Applicability of MOVES2010a-Based
Budgets
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Is the background for this
action?
a. SIP Budgets and Transportation
Conformity
Under the CAA, states are required to
submit, at various times, control strategy
SIP revisions and maintenance plans for
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nonattainment and maintenance areas
for a given NAAQS. These emission
control strategy SIP revisions (e.g.,
reasonable further progress and
attainment demonstration SIP revisions)
and maintenance plans include budgets
of on-road mobile source emissions for
criteria pollutants and/or their
precursors to address pollution from
cars, trucks, and other on-road vehicles.
SIP budgets are the portions of the total
allowable emissions that are allocated to
on-road vehicle use that, together with
emissions from other sources in the
area, will provide for attainment or
maintenance. The budget serves as a
ceiling on emissions from an area’s
planned transportation system. For
more information about budgets, see the
preamble to the November 24, 1993,
transportation conformity rule (58 FR
62188).
Under section 176(c) of the CAA,
transportation plans, transportation
improvement programs (TIPs), and
transportation projects must ‘‘conform’’
to (i.e., be consistent with) the SIP
before they can be adopted or approved.
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 or an
interim milestone. The transportation
conformity regulations can be found at
40 CFR Parts 51 and 93.
Before budgets can be used in
conformity determinations, EPA must
affirmatively find the budgets adequate.
However, adequate budgets do not
supersede approved budgets for the
same CAA purpose. If the submitted SIP
budgets are meant to replace budgets for
the same CAA purpose and year(s)
addressed by a previously approved SIP,
as in the case of Kentucky’s
MOVES2010a VOC and NOX budgets for
the 1997 8-hour ozone NAAQS (the
subject of this action), EPA must
approve the revised SIP and budgets,
and can affirm the budgets are adequate
at the same time. Once EPA approves
the SIP revision and determines the
budgets adequate, the revised budgets
must be used by the state and federal
agencies in determining whether
transportation activities conform to the
SIP as required by section 176(c) of the
CAA. EPA’s substantive criteria for
determining the adequacy of budgets are
set out in 40 CFR 93.118(e)(4).
b. Prior Approval of Budgets
Northern Kentucky, as part of the
Cincinnati-Hamilton, OH–KY–IN area,
was designated as nonattainment for the
1997 8-hour ozone NAAQS effective
June 15, 2004 (69 FR 23858).1
Subsequently, Northern Kentucky, as
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part of the Cincinnati-Hamilton, OH–
KY–IN area, was redesignated as
attainment for the 1997 8-hour ozone
NAAQS on August 5, 2010, (75 FR
47218). As part of this redesignation,
EPA approved a 10-year air quality
maintenance plan covering the years
2010 through 2020. The 10-year air
quality maintenance plan for Northern
Kentucky established MVEBs for 2015
and 2020 for transportation conformity
purposes using the MOBILE 6.2 model
which was the latest approved
emissions model at that time. That plan
satisfied the CAA requirement for a
1997 8-hour ozone maintenance plan.
The same counties in Northern
Kentucky were designated
nonattainment for the 1997 annual fine
particulate matter (PM2.5) NAAQS. See
70 FR 944 (January 5, 2005).
Subsequently, on December 15, 2011,
EPA approved a redesignation request
for this same area for the 1997 annual
PM2.5 from nonattainment to attainment.
See 76 FR 77903. Kentucky’s 1997
annual PM2.5 maintenance plan
included MVEBs that were derived with
the MOVES model—the latest approved
emissions model at that time.
Kentucky is taking the opportunity
through the Commonwealth’s August 9,
2012, SIP revision to align and update
the mobile model used to derive the
MVEBs for ozone for the ease of
implementing transportation conformity
requirements in the Northern Kentucky
Area. Specifically, Kentucky has opted
to update the 1997 8-hour ozone MVEBs
with the MOVES model. This update
would align the 1997 8-hour ozone
MVEBs with the most current mobile
model and would align these MVEBs
with the mobile model (i.e., MOVES)
that has to be used for both the ozone
and PM2.5 transportation conformity
analysis.
c. The MOVES Emissions Model and
Regional Transportation Conformity
Grace Period
The MOVES model is EPA’s state-ofthe-art tool for estimating highway
emissions. The model is based on
analyses of millions of emission test
results and considerable advances in the
Agency’s understanding of vehicle
emissions. MOVES incorporates the
latest emissions data, more
sophisticated calculation algorithms,
increased user flexibility, new software
design, and significant new capabilities
relative to those reflected in MOBILE
6.2.
EPA announced the release of
MOVES2010 in March 2010 (75 FR
9411). EPA subsequently released two
minor model revisions: MOVES2010a in
September 2010 and MOVES2010b in
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April 2012. Both of these minor
revisions enhance model performance
and do not significantly affect the
criteria pollutant emissions results from
MOVES2010.
MOVES will be required for new
regional emissions analyses for
transportation conformity
determinations (‘‘regional conformity
analyses’’) outside of California that
begin after March 2, 2013 (or when EPA
approves MOVES-based budgets,
whichever comes first).2 The MOVES
grace period for regional conformity
analyses applies to both the use of
MOVES2010 and approved minor
revisions (e.g., MOVES2010a and
MOVES2010b). For more information,
see EPA’s ‘‘Policy Guidance on the Use
of MOVES2010 and Subsequent Minor
Model Revisions for State
Implementation Plan Development,
Transportation Conformity, and Other
Purposes’’ (April 2012), available online
at: www.epa.gov/otaq/stateresources/
transconf/policy.htm#models.
EPA encouraged areas to examine
how MOVES would affect future
transportation plan and TIP conformity
determinations so, if necessary, SIPs
and budgets could be revised with
MOVES or transportation plans and
TIPs could be revised (as appropriate)
prior to the end of the regional
transportation conformity grace period.
EPA also encouraged state and local air
agencies to consider how the release of
MOVES would affect analyses
supporting SIP submissions under
development (77 FR 9411 and 77 FR
11394).
For consistency purposes with future
Transportation conformity
determinations, the interagency
consultation partners for transportation
conformity decided to update the 1997
8-hour ozone MOBILE6.2-based MVEBs
with MOVES
d. Submission of New Budgets Based on
MOVES2010a
On August 9, 2012, the
Commonwealth submitted a SIP
revision to revise the 1997 8-hour ozone
MVEBs using the MOVES2010a
emissions model for the Kentucky
portion of the Ohio, Kentucky and
Indiana MSA. The revision reflects
changes in emission estimates due to
new emissions model, VMT projection
models, and other emission model input
data. The Indiana and Ohio portion of
this Area have separate MVEBs. In its
August 9, 2012, SIP revision, Kentucky
also provides for a safety margin to the
1997 8-hour ozone MVEBs for the years
2015 and 2020 for both NOX and VOC.
The 1997 8-hour ozone MVEBs
(expressed in tons per day (tpd)) that are
being updated through today’s action
were originally approved by EPA on
August 5, 2010 (75 FR 47218). These
MVEBs were established for NOX and
VOC for the years, 2015 and 2020.
II. What are the criteria for approval?
EPA has always required under the
CAA that revisions to existing SIPs
continue to meet applicable
requirements (i.e., reasonable further
progress (RFP), attainment, or
maintenance). States that revise their
existing SIPs to include MOVES budgets
must therefore show that the SIP
continues to meet applicable
requirements with the new level of
motor vehicle emissions contained in
the budgets. The SIP must also meet any
applicable SIP requirements under CAA
section 110.
In addition, the transportation
conformity rule (40 CFR
93.118(e)(4)(iv)) requires that ‘‘the motor
vehicle emissions budget(s), when
considered together with all other
emissions sources, is consistent with
applicable requirements for [RFP],
attainment, or maintenance (whichever
is relevant to the given implementation
plan submission).’’ This and the other
adequacy criteria found at 40 CFR
93.118(e)(4) must be satisfied before
EPA can find submitted budgets
adequate or approve them for
conformity purposes.
In addition, areas can revise their
budgets and inventories using MOVES
without revising their entire SIP if: (1)
The SIP continues to meet applicable
requirements when the previous motor
vehicle emissions inventories are
replaced with MOVES base year and
milestone, attainment, or maintenance
year inventories; and (2) the state can
document that growth and control
strategy assumptions for non-motor
vehicle sources continue to be valid and
any minor updates do not change the
overall conclusions of the SIP. For
example, the first criterion could be
satisfied by demonstrating that the
emissions reductions between the base
year and attainment or maintenance
year are the same or greater using
MOVES than they were previously.
For more information, see EPA’s
‘‘Policy Guidance on the Use of
MOVES2010 and Subsequent Minor
Model Revisions for State
Implementation Plan Development,
Transportation Conformity, and Other
Purposes’’ (April 2012).
III. What is EPA’s analysis of the
Commonwealth’s SIP revision?
As discussed above, EPA issued an
updated motor vehicle emissions model
known as MOVES. In its announcement
of this model, EPA established a twoyear grace period for continued use of
MOBILE6.2 in regional emissions
analyses for transportation plan and
TIPs conformity determinations
(extending to March 2, 2013), after
which states (other than California)
must use MOVES in conformity
determinations for TIPs. MOBILE6.2
was the applicable mobile source
emissions model that was available
when the Commonwealth submitted the
original maintenance plan for the 1997
8-hour ozone NAAQS. The
Commonwealth has opted to update its
1997 8-hour ozone MVEBs with the
MOVES model for ease of implementing
transportation conformity requirements.
TABLE 1—ORIGINAL MVEBS FOR
NORTHERN KENTUCKY
[Boone, Campbell and Kenton Counties]
2015 (tpd)
NOX ..................
VOC ..................
2020 (tpd)
14.40
9.76
13.27
10.07
The following tables show the
difference between the MOBILE6.2
MVEBs and the MOVES MVEB.
TABLE 2—VOC EMISSIONS INVENTORY: MOBILE6.2 VERSUS MOVES MVEB
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VOC
Sector
Point .................................
Area ..................................
MOBILE6.2
2005
2008
4.02
21.43
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2015
4.26
20.63
2 Upon the release of MOVES2010, EPA
established a two-year grace period before MOVES
is required to be used for regional conformity
MOVES
4.65
20.36
2020
2005
4.93
20.36
analyses (75 FR 9411). EPA subsequently
promulgated a final rule on February 27, 2012, to
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2008
4.02
21.43
4.26
20.63
2015
2020
4.65
20.36
provide an additional year before MOVES is
required for these analyses (77 FR 11394).
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33729
TABLE 2—VOC EMISSIONS INVENTORY: MOBILE6.2 VERSUS MOVES MVEB—Continued
VOC
MOBILE6.2
Sector
2005
2008
MOVES
2015
2020
2005
2008
2015
2020
Non-Road .........................
Mobile ...............................
9.52
11.17
8.53
10.14
7.60
7.76
7.31
7.07
9.52
25.20
8.53
16.53
7.60
9.09
7.31
5.89
Total ..........................
46.14
43.56
40.37
39.67
60.17
49.95
41.70
38.49
TABLE 3—NOX EMISSIONS INVENTORY: MOBILE6.2 VERSUS MOVES MVEBS
NOX
Sector
MOBILE6.2
2005
2008
MOVES
2015
2020
2005
2008
2015
2020
Point .................................
Area ..................................
Non-Road .........................
Mobile ...............................
23.98
10.57
27.72
26.64
23.32
10.40
23.69
21.78
25.13
10.35
20.49
11.40
26.53
10.35
19.57
8.27
23.98
10.57
27.72
80.15
23.32
10.40
23.69
55.34
25.13
10.35
20.49
31.56
26.53
10.35
19.57
18.74
Total ..........................
88.91
79.19
67.37
64.72
142.42
112.75
87.53
75.19
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Although the on-road mobile source
emissions increased from the original
MOBILE 6.2 MVEBs for a number of
projection years, the revised data does
not change the ozone attainment status
for the Cincinnati-Hamilton, OH–KY–IN
area. The point, area, and non-road
sectors of the SIP emissions inventory
are not affected. The only affected
portions are the on-road mobile source
emissions and the overall totals. EPA
notes that the change in the projected
emissions for on-road mobile sources is
due solely to the transitions from
reliance on MOBILE 6.2 MVEBs to
reliance on MOVES MVEBs.
The Commonwealth is currently
allocating portions of the available
safety margin 3 to the MVEBs to account
for new emissions models, VMT
projections models, as well as changes
to future vehicle mix assumptions, that
influence the emission estimations. A
portion of the safety margin for both
VOC and NOX will be allocated for
budget years 2015 and 2020 to address
the additional projected emissions
increases associated with the use of the
MOVES model. The MVEB years will
remain the same with the MOVES
updated numbers. Specifically, 2.06 tpd
of the available VOC safety margin is
allocated to the 2015 MVEBs and 2.87
tpd for the 2020 MVEBs.4 Additionally,
3 A safety margin is the difference between the
attainment level of emissions from all source
categories (i.e., point, area, and mobile) and the
projected level of emissions from all source
categories. The State may choose to allocate some
of the safety margin to the MVEB, for transportation
conformity purposes, so long as the total level of
emissions from all source categories remains equal
to or less than the attainment level of emissions.
4 EPA notes that projected mobile emissions for
2020 decrease from 7.07 tpd under the MOBILE 6.2
model projection to 5.89 tpd under the MOVES
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6.31 tpd of the available NOX safety
margin are allocated to the 2015 MVEBs
and 9.39 tpd for the 2020 MVEBs. The
remaining safety margin for VOC for
2015 is 6.19 tpd and for 2020 is 8.59
tpd. The remaining safety margin for
NOX for 2015 is 18.91 tpd and for 2020
is 28.17 tpd.
between the attainment level of
emissions from all sources and the
projected level of emissions from all
sources in the maintenance area, the
Area still attains the NAAQS and meets
the maintenance requirements. The new
safety margins are listed below in Table
6.
TABLE 4—NORTHERN KENTUCKY NOX
MVEBS
TABLE 6—NEW SAFETY MARGINS FOR
THE NORTHERN KENTUCKY
[tpd]
Year
2015
2020
NOX Emissions
On-Road Mobile Emissions ..............................
Safety Margin Allocated to
MVEBs ..........................
NOX Conformity MVEBs ...
31.56
18.74
6.31
37.87
9.39
28.13
TABLE 5—NORTHERN KENTUCKY VOC
MVEBS
[tpd]
2015
2020
VOC Emissions
On-Road Mobile Emissions ..............................
Safety Margin Allocated to
MVEBs ..........................
VOC Conformity MVEBs ..
9.09
5.89
2.06
11.15
2.87
8.76
model projection. Nonetheless, KDAQ has proposed
to allocate 2.87 tpd of its VOC safety margin to the
2020 MVEBs to account for potential changes in
methodology that may occur in the future such as
updated socioeconomic data, new models, and
other factors.
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6.19
8.59
NOX tpd
18.91
28.17
As shown in Tables 2 and 3 above,
VOC and NOX total emissions in
Northern Kentucky are projected to
steadily decrease from 2008 to the
maintenance year of 2020. This VOC
and NOX emission decrease
demonstrates continued maintenance of
the 8-hour ozone NAAQS for ten years
from 2010 (the year the Area was
effectively designated attainment for the
1997 8-hour ozone NAAQS) as required
by the CAA.
a. Approvability of the MOVES2010aBased Budgets
Taking into consideration the portion
of the safety margin applied to the
MVEBs, the resulting difference
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2015 ..................
2020 ..................
VOC tpd
Sfmt 4700
EPA is approving the MOVES2010abased budgets submitted by the
Commonwealth for use in determining
transportation conformity in Northern
Kentucky for the 1997 8-hour ozone
NAAQS. EPA is making this approval
based on our evaluation of these budgets
using the adequacy criteria found in 40
CFR 93.118(e)(4) and our evaluation of
the Commonwealth’s submittal and SIP
requirements. EPA has determined,
based on its evaluation, that the Area’s
SIP would continue to serve its
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intended purpose with the submitted
MOVES2010a-based budgets at 40 CFR
93.118(e)(4). Specifically:
• The submitted SIP was endorsed by
Kentucky Energy and Environment
Cabinet Secretary, Leonard K. Peters,
and was subject to a state public hearing
((e)(4)(i));
• Before the submitted SIP was
submitted to EPA, consultation among
federal, state, and local agencies
occurred, full documentation was
provided to EPA [and EPA’s stated
concerns were addressed, if applicable]
((e)(4)(ii));
• The budgets are clearly identified
and precisely quantified ((e)(4)(iii));
• The budgets, when considered
together with all other emissions
sources, are consistent with applicable
requirements for reasonable further
progress, attainment, or maintenance
((e)(4)(iv));
• The budgets are consistent with and
clearly related to the emissions
inventory and control measures in the
submitted SIP ((e)(4)(v); and,
• The revisions explain and
document changes to the previous
budgets, impacts on point and area
source emissions, and changes to
established safety margins, and reasons
for the changes (including the basis for
any changes related to emission factors
or vehicle miles traveled) ((e)(4)(vi)).
EPA has always required under the
CAA that revisions to existing SIPs and
budgets continue to meet applicable
requirements (e.g., RFP or attainment).
Therefore, states that revise existing
SIPs with MOVES must show that the
SIP continues to meet applicable
requirements with the new level of
motor vehicle emissions calculated by
the new model.
To that end, Kentucky DAQ’s
submitted SIP meets EPA’s two criteria
for revising budgets without revising the
entire SIP if:
(1) The SIP continues to meet
applicable requirements when the
previous motor vehicle emissions
inventories are replaced with [MOVES
model used] base year and milestone,
attainment, or maintenance year
inventories, and
(2) The state can document that
growth and control strategy assumptions
for non-motor vehicle sources continue
to be valid and any minor updates do
not change the overall conclusions of
the SIP.
As described above in section above,
the Area meets both of the above criteria
based on information provided to EPA
or if there are more significant changes
in other inventory categories. Based on
review of the SIP and the new budgets
provided, EPA is determining that the
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SIP will continue to meet applicable
requirements if the revised motor
vehicle emissions inventories are
replaced with MOVES2010a.
public is advised this rule will be
effective on August 5, 2013 and no
further action will be taken on the
proposed rule.
b. Applicability of MOVES2010a-Based
Budgets
Pursuant to the Commonwealth’s
request, EPA is approving the revised
budgets. The Commonwealth’s existing
MOBILE6.2 budgets will no longer be
applicable for transportation conformity
purposes upon the effective date of this
final approval.
In addition, once EPA approves the
MOVES2010a-based budgets, the
regional transportation conformity grace
period for using MOVES2010 (and
subsequent minor revisions) for the
pollutants included in these budgets
will end for Northern Kentucky for the
1997 8-hour ozone NAAQS on the
effective date of this final approval.5
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by Commonwealth law.
For that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian
IV. Final Action
EPA is taking direct final action to
approve Commonwealth’s August 9,
2012, SIP revision to replace the
existing MOBILE 6.2 MVEBs for VOC
and NOX with new budgets based on
MOVES2010a. In addition, EPA is
taking direct final action to allocate a
portion of the available safety margin to
the MOVES2010a MVEBs for Northern
Kentucky for the 1997 8-hour ozone
NAAQS. EPA is approving this action
because it is consistent with the CAA
and the transportation conformity
requirements at 40 CFR 93.
EPA is publishing this rule without
prior proposal because the Agency
views this as a non-controversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should an adverse comment be filed.
This rule will be effective on August 5,
2013 without further notice unless the
Agency receives adverse comment by
July 5, 2013. If EPA receives such
comments, then EPA will publish a
document withdrawing the final rule
and informing the public that the rule
will not take effect. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed rule. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting must do so at this time. If
no such comments are received, the
5 For more information, see EPA’s ‘‘Policy
Guidance on the Use of MOVES2010 and
Subsequent Minor Revisions for State
Implementation Plan Development, Transportation
Conformity, and Other Purposes,’’ (April 2012).
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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations
country, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 5, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Intergovernmental relations,
Incorporation by reference, Nitrogen
dioxides, Reporting and recordkeeping
requirements, and Volatile organic
compounds.
Dated: May 22, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920 (e) is amended by
adding a new entry at the end of the
table for the ‘‘MVEB Update for the 1997
8-hour Ozone Maintenance Plan for
Northern Kentucky’’ to read as follows:
■
§ 52.920
Environmental protection, Air
pollution control, Ozone,
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED KENTUCKY NON–REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
State submittal
date/effective date
EPA approval date
*
*
*
6/5/13 [Insert citation of publication].
*
*
*
MVEB Update for the 1997
Boone, Campbell, and Ken8-hour Ozone Maintenance
ton Counties, KY.
Plan for Northern Kentucky.
8/9/12
[FR Doc. 2013–13186 Filed 6–4–13; 8:45 am]
Unit I.C. of the SUPPLEMENTARY
BILLING CODE 6560–50–P
INFORMATION).
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2008–0887, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Laura Nollen, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2008–0887; FRL–9388–1]
Propamocarb; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
TKELLEY on DSK3SPTVN1PROD with RULES
AGENCY:
SUMMARY: This regulation establishes a
tolerance for residues of propamocarb in
or on succulent lima bean. Interregional
Research Project Number 4 (IR–4)
requested this tolerance under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
This regulation is effective June
5, 2013. Objections and requests for
hearings must be received on or before
August 5, 2013, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
DATES:
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Explanation
*
(703) 305–7390; email address:
nollen.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
E:\FR\FM\05JNR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Rules and Regulations]
[Pages 33726-33731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13186]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0062; FRL-9820-1]
Approval and Promulgation of Implementation Plans; Kentucky:
Kentucky Portion of Cincinnati-Hamilton, Revision to the Motor Vehicle
Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
Kentucky State Implementation Plan (SIP), submitted to EPA on August 9,
2012, by the Commonwealth of Kentucky, through the Kentucky Energy and
Environment Cabinet, Division for Air Quality (DAQ). Kentucky's August
9, 2012, SIP revision includes changes to the maintenance plan for the
Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN, maintenance area
for the 1997 8-hour ozone national ambient air quality standards
(NAAQS). The Cincinnati-Hamilton, OH-KY-IN, maintenance area for the
1997 8-hour ozone NAAQS includes the counties of Boone, Campbell and
Kenton in Kentucky (hereafter also referred to as Northern Kentucky); a
portion of Dearborn County, Indiana; and the entire counties of Butler,
Clermont, Clinton, Hamilton and Warren in Ohio. Kentucky's August 9,
2012, SIP revision proposes to update the motor vehicle emissions
budget using an updated mobile emissions model, the Motor Vehicle
Emissions Simulator (also known as MOVES2010a), and to increase the
safety margin allocated to motor vehicle emissions budgets (MVEBs or
budgets) for nitrogen oxides (NOX) and volatile organic
compounds (VOC) for Northern Kentucky to account for changes in the
emissions model and vehicle miles traveled (VMT) projection model. EPA
is approving this SIP revision and deeming the MVEB adequate for
transportation conformity purposes, because the Commonwealth has
demonstrated that it is consistent with the Clean Air Act (CAA or Act).
DATES: This rule is effective on August 5, 2013 without further notice,
unless EPA receives relevant adverse comment by July 5, 2013. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0062 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2013-0062, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0062. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
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
information
[[Page 33727]]
about EPA's public docket visit the EPA Docket Center homepage at
https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Quality and
Transportation Modeling Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Kelly
Sheckler may be reached by phone at (404) 562-9222 or by electronic
mail address sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this action?
a. SIP Budgets and Transportation Conformity
b. Prior Approval of Budgets
c. The MOVES Emissions Model and Regional Transportation
Conformity Grace Period
d. Submissions of New Budgets Based on MOVES2010a
II. What are the criteria for approval?
III. What is EPA's analysis of the Commonwealth's SIP revision?
a. Approvability of the MOVES2010a-Based Budgets
b. Applicability of MOVES2010a-Based Budgets
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Is the background for this action?
a. SIP Budgets and Transportation Conformity
Under the CAA, states are required to submit, at various times,
control strategy SIP revisions and maintenance plans for nonattainment
and maintenance areas for a given NAAQS. These emission control
strategy SIP revisions (e.g., reasonable further progress and
attainment demonstration SIP revisions) and maintenance plans include
budgets of on-road mobile source emissions for criteria pollutants and/
or their precursors to address pollution from cars, trucks, and other
on-road vehicles. SIP budgets are the portions of the total allowable
emissions that are allocated to on-road vehicle use that, together with
emissions from other sources in the area, will provide for attainment
or maintenance. The budget serves as a ceiling on emissions from an
area's planned transportation system. For more information about
budgets, see the preamble to the November 24, 1993, transportation
conformity rule (58 FR 62188).
Under section 176(c) of the CAA, transportation plans,
transportation improvement programs (TIPs), and transportation projects
must ``conform'' to (i.e., be consistent with) the SIP before they can
be adopted or approved. 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 or an
interim milestone. The transportation conformity regulations can be
found at 40 CFR Parts 51 and 93.
Before budgets can be used in conformity determinations, EPA must
affirmatively find the budgets adequate. However, adequate budgets do
not supersede approved budgets for the same CAA purpose. If the
submitted SIP budgets are meant to replace budgets for the same CAA
purpose and year(s) addressed by a previously approved SIP, as in the
case of Kentucky's MOVES2010a VOC and NOX budgets for the
1997 8-hour ozone NAAQS (the subject of this action), EPA must approve
the revised SIP and budgets, and can affirm the budgets are adequate at
the same time. Once EPA approves the SIP revision and determines the
budgets adequate, the revised budgets must be used by the state and
federal agencies in determining whether transportation activities
conform to the SIP as required by section 176(c) of the CAA. EPA's
substantive criteria for determining the adequacy of budgets are set
out in 40 CFR 93.118(e)(4).
b. Prior Approval of Budgets
Northern Kentucky, as part of the Cincinnati-Hamilton, OH-KY-IN
area, was designated as nonattainment for the 1997 8-hour ozone NAAQS
effective June 15, 2004 (69 FR 23858).\1\ Subsequently, Northern
Kentucky, as part of the Cincinnati-Hamilton, OH-KY-IN area, was
redesignated as attainment for the 1997 8-hour ozone NAAQS on August 5,
2010, (75 FR 47218). As part of this redesignation, EPA approved a 10-
year air quality maintenance plan covering the years 2010 through 2020.
The 10-year air quality maintenance plan for Northern Kentucky
established MVEBs for 2015 and 2020 for transportation conformity
purposes using the MOBILE 6.2 model which was the latest approved
emissions model at that time. That plan satisfied the CAA requirement
for a 1997 8-hour ozone maintenance plan.
The same counties in Northern Kentucky were designated
nonattainment for the 1997 annual fine particulate matter
(PM2.5) NAAQS. See 70 FR 944 (January 5, 2005).
Subsequently, on December 15, 2011, EPA approved a redesignation
request for this same area for the 1997 annual PM2.5 from
nonattainment to attainment. See 76 FR 77903. Kentucky's 1997 annual
PM2.5 maintenance plan included MVEBs that were derived with
the MOVES model--the latest approved emissions model at that time.
Kentucky is taking the opportunity through the Commonwealth's
August 9, 2012, SIP revision to align and update the mobile model used
to derive the MVEBs for ozone for the ease of implementing
transportation conformity requirements in the Northern Kentucky Area.
Specifically, Kentucky has opted to update the 1997 8-hour ozone MVEBs
with the MOVES model. This update would align the 1997 8-hour ozone
MVEBs with the most current mobile model and would align these MVEBs
with the mobile model (i.e., MOVES) that has to be used for both the
ozone and PM2.5 transportation conformity analysis.
c. The MOVES Emissions Model and Regional Transportation Conformity
Grace Period
The MOVES model is EPA's state-of-the-art tool for estimating
highway emissions. The model is based on analyses of millions of
emission test results and considerable advances in the Agency's
understanding of vehicle emissions. MOVES incorporates the latest
emissions data, more sophisticated calculation algorithms, increased
user flexibility, new software design, and significant new capabilities
relative to those reflected in MOBILE 6.2.
EPA announced the release of MOVES2010 in March 2010 (75 FR 9411).
EPA subsequently released two minor model revisions: MOVES2010a in
September 2010 and MOVES2010b in
[[Page 33728]]
April 2012. Both of these minor revisions enhance model performance and
do not significantly affect the criteria pollutant emissions results
from MOVES2010.
MOVES will be required for new regional emissions analyses for
transportation conformity determinations (``regional conformity
analyses'') outside of California that begin after March 2, 2013 (or
when EPA approves MOVES-based budgets, whichever comes first).\2\ The
MOVES grace period for regional conformity analyses applies to both the
use of MOVES2010 and approved minor revisions (e.g., MOVES2010a and
MOVES2010b). For more information, see EPA's ``Policy Guidance on the
Use of MOVES2010 and Subsequent Minor Model Revisions for State
Implementation Plan Development, Transportation Conformity, and Other
Purposes'' (April 2012), available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm#models.
---------------------------------------------------------------------------
\2\ Upon the release of MOVES2010, EPA established a two-year
grace period before MOVES is required to be used for regional
conformity analyses (75 FR 9411). EPA subsequently promulgated a
final rule on February 27, 2012, to provide an additional year
before MOVES is required for these analyses (77 FR 11394).
---------------------------------------------------------------------------
EPA encouraged areas to examine how MOVES would affect future
transportation plan and TIP conformity determinations so, if necessary,
SIPs and budgets could be revised with MOVES or transportation plans
and TIPs could be revised (as appropriate) prior to the end of the
regional transportation conformity grace period. EPA also encouraged
state and local air agencies to consider how the release of MOVES would
affect analyses supporting SIP submissions under development (77 FR
9411 and 77 FR 11394).
For consistency purposes with future Transportation conformity
determinations, the interagency consultation partners for
transportation conformity decided to update the 1997 8-hour ozone
MOBILE6.2-based MVEBs with MOVES
d. Submission of New Budgets Based on MOVES2010a
On August 9, 2012, the Commonwealth submitted a SIP revision to
revise the 1997 8-hour ozone MVEBs using the MOVES2010a emissions model
for the Kentucky portion of the Ohio, Kentucky and Indiana MSA. The
revision reflects changes in emission estimates due to new emissions
model, VMT projection models, and other emission model input data. The
Indiana and Ohio portion of this Area have separate MVEBs. In its
August 9, 2012, SIP revision, Kentucky also provides for a safety
margin to the 1997 8-hour ozone MVEBs for the years 2015 and 2020 for
both NOX and VOC. The 1997 8-hour ozone MVEBs (expressed in
tons per day (tpd)) that are being updated through today's action were
originally approved by EPA on August 5, 2010 (75 FR 47218). These MVEBs
were established for NOX and VOC for the years, 2015 and
2020.
II. What are the criteria for approval?
EPA has always required under the CAA that revisions to existing
SIPs continue to meet applicable requirements (i.e., reasonable further
progress (RFP), attainment, or maintenance). States that revise their
existing SIPs to include MOVES budgets must therefore show that the SIP
continues to meet applicable requirements with the new level of motor
vehicle emissions contained in the budgets. The SIP must also meet any
applicable SIP requirements under CAA section 110.
In addition, the transportation conformity rule (40 CFR
93.118(e)(4)(iv)) requires that ``the motor vehicle emissions
budget(s), when considered together with all other emissions sources,
is consistent with applicable requirements for [RFP], attainment, or
maintenance (whichever is relevant to the given implementation plan
submission).'' This and the other adequacy criteria found at 40 CFR
93.118(e)(4) must be satisfied before EPA can find submitted budgets
adequate or approve them for conformity purposes.
In addition, areas can revise their budgets and inventories using
MOVES without revising their entire SIP if: (1) The SIP continues to
meet applicable requirements when the previous motor vehicle emissions
inventories are replaced with MOVES base year and milestone,
attainment, or maintenance year inventories; and (2) the state can
document that growth and control strategy assumptions for non-motor
vehicle sources continue to be valid and any minor updates do not
change the overall conclusions of the SIP. For example, the first
criterion could be satisfied by demonstrating that the emissions
reductions between the base year and attainment or maintenance year are
the same or greater using MOVES than they were previously.
For more information, see EPA's ``Policy Guidance on the Use of
MOVES2010 and Subsequent Minor Model Revisions for State Implementation
Plan Development, Transportation Conformity, and Other Purposes''
(April 2012).
III. What is EPA's analysis of the Commonwealth's SIP revision?
As discussed above, EPA issued an updated motor vehicle emissions
model known as MOVES. In its announcement of this model, EPA
established a two-year grace period for continued use of MOBILE6.2 in
regional emissions analyses for transportation plan and TIPs conformity
determinations (extending to March 2, 2013), after which states (other
than California) must use MOVES in conformity determinations for TIPs.
MOBILE6.2 was the applicable mobile source emissions model that was
available when the Commonwealth submitted the original maintenance plan
for the 1997 8-hour ozone NAAQS. The Commonwealth has opted to update
its 1997 8-hour ozone MVEBs with the MOVES model for ease of
implementing transportation conformity requirements.
Table 1--Original MVEBs for Northern Kentucky
[Boone, Campbell and Kenton Counties]
------------------------------------------------------------------------
2015 (tpd) 2020 (tpd)
------------------------------------------------------------------------
NOX........................................... 14.40 13.27
VOC........................................... 9.76 10.07
------------------------------------------------------------------------
The following tables show the difference between the MOBILE6.2
MVEBs and the MOVES MVEB.
Table 2--VOC Emissions Inventory: MOBILE6.2 versus MOVES MVEB
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
VOC MOBILE6.2 MOVES MOVES
---------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------
Sector 2005 2008 2015 2020 2005 2008 2015 2020 2005 2008 2015 2020 2005
---------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------
Point................................................... 4.02 4.26 4.65 4.93 4.02 4.26 4.65 4.93
Area.................................................... 21.43 20.63 20.36 20.36 21.43 20.63 20.36 20.36
[[Page 33729]]
Non-Road................................................ 9.52 8.53 7.60 7.31 9.52 8.53 7.60 7.31
Mobile.................................................. 11.17 10.14 7.76 7.07 25.20 16.53 9.09 5.89
---------------------------------------------------------------------------------------------------------------------------------------
Total............................................... 46.14 43.56 40.37 39.67 60.17 49.95 41.70 38.49
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--NOX Emissions Inventory: MOBILE6.2 versus MOVES MVEBs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NOX MOBILE6.2 MOVES MOVES
---------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------
Sector 2005 2008 2015 2020 2005 2008 2015 2020 2005 2008 2015 2020 2005
---------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------
Point................................................... 23.98 23.32 25.13 26.53 23.98 23.32 25.13 26.53
Area.................................................... 10.57 10.40 10.35 10.35 10.57 10.40 10.35 10.35
Non-Road................................................ 27.72 23.69 20.49 19.57 27.72 23.69 20.49 19.57
Mobile.................................................. 26.64 21.78 11.40 8.27 80.15 55.34 31.56 18.74
---------------------------------------------------------------------------------------------------------------------------------------
Total............................................... 88.91 79.19 67.37 64.72 142.42 112.75 87.53 75.19
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Although the on-road mobile source emissions increased from the
original MOBILE 6.2 MVEBs for a number of projection years, the revised
data does not change the ozone attainment status for the Cincinnati-
Hamilton, OH-KY-IN area. The point, area, and non-road sectors of the
SIP emissions inventory are not affected. The only affected portions
are the on-road mobile source emissions and the overall totals. EPA
notes that the change in the projected emissions for on-road mobile
sources is due solely to the transitions from reliance on MOBILE 6.2
MVEBs to reliance on MOVES MVEBs.
The Commonwealth is currently allocating portions of the available
safety margin \3\ to the MVEBs to account for new emissions models, VMT
projections models, as well as changes to future vehicle mix
assumptions, that influence the emission estimations. A portion of the
safety margin for both VOC and NOX will be allocated for
budget years 2015 and 2020 to address the additional projected
emissions increases associated with the use of the MOVES model. The
MVEB years will remain the same with the MOVES updated numbers.
Specifically, 2.06 tpd of the available VOC safety margin is allocated
to the 2015 MVEBs and 2.87 tpd for the 2020 MVEBs.\4\ Additionally,
6.31 tpd of the available NOX safety margin are allocated to
the 2015 MVEBs and 9.39 tpd for the 2020 MVEBs. The remaining safety
margin for VOC for 2015 is 6.19 tpd and for 2020 is 8.59 tpd. The
remaining safety margin for NOX for 2015 is 18.91 tpd and
for 2020 is 28.17 tpd.
---------------------------------------------------------------------------
\3\ A safety margin is the difference between the attainment
level of emissions from all source categories (i.e., point, area,
and mobile) and the projected level of emissions from all source
categories. The State may choose to allocate some of the safety
margin to the MVEB, for transportation conformity purposes, so long
as the total level of emissions from all source categories remains
equal to or less than the attainment level of emissions.
\4\ EPA notes that projected mobile emissions for 2020 decrease
from 7.07 tpd under the MOBILE 6.2 model projection to 5.89 tpd
under the MOVES model projection. Nonetheless, KDAQ has proposed to
allocate 2.87 tpd of its VOC safety margin to the 2020 MVEBs to
account for potential changes in methodology that may occur in the
future such as updated socioeconomic data, new models, and other
factors.
Table 4--Northern Kentucky NOX MVEBs
[tpd]
------------------------------------------------------------------------
2015 2020
------------------------------------------------------------------------
NOX Emissions
------------------------------------------------------------------------
On-Road Mobile Emissions.............................. 31.56 18.74
Safety Margin Allocated to MVEBs...................... 6.31 9.39
NOX Conformity MVEBs.................................. 37.87 28.13
------------------------------------------------------------------------
Table 5--Northern Kentucky VOC MVEBs
[tpd]
------------------------------------------------------------------------
2015 2020
------------------------------------------------------------------------
VOC Emissions
------------------------------------------------------------------------
On-Road Mobile Emissions.............................. 9.09 5.89
Safety Margin Allocated to MVEBs...................... 2.06 2.87
VOC Conformity MVEBs.................................. 11.15 8.76
------------------------------------------------------------------------
Taking into consideration the portion of the safety margin applied
to the MVEBs, the resulting difference between the attainment level of
emissions from all sources and the projected level of emissions from
all sources in the maintenance area, the Area still attains the NAAQS
and meets the maintenance requirements. The new safety margins are
listed below in Table 6.
Table 6--New Safety Margins for the Northern Kentucky
------------------------------------------------------------------------
Year VOC tpd NOX tpd
------------------------------------------------------------------------
2015.......................................... 6.19 18.91
2020.......................................... 8.59 28.17
------------------------------------------------------------------------
As shown in Tables 2 and 3 above, VOC and NOX total
emissions in Northern Kentucky are projected to steadily decrease from
2008 to the maintenance year of 2020. This VOC and NOX
emission decrease demonstrates continued maintenance of the 8-hour
ozone NAAQS for ten years from 2010 (the year the Area was effectively
designated attainment for the 1997 8-hour ozone NAAQS) as required by
the CAA.
a. Approvability of the MOVES2010a-Based Budgets
EPA is approving the MOVES2010a-based budgets submitted by the
Commonwealth for use in determining transportation conformity in
Northern Kentucky for the 1997 8-hour ozone NAAQS. EPA is making this
approval based on our evaluation of these budgets using the adequacy
criteria found in 40 CFR 93.118(e)(4) and our evaluation of the
Commonwealth's submittal and SIP requirements. EPA has determined,
based on its evaluation, that the Area's SIP would continue to serve
its
[[Page 33730]]
intended purpose with the submitted MOVES2010a-based budgets at 40 CFR
93.118(e)(4). Specifically:
The submitted SIP was endorsed by Kentucky Energy and
Environment Cabinet Secretary, Leonard K. Peters, and was subject to a
state public hearing ((e)(4)(i));
Before the submitted SIP was submitted to EPA,
consultation among federal, state, and local agencies occurred, full
documentation was provided to EPA [and EPA's stated concerns were
addressed, if applicable] ((e)(4)(ii));
The budgets are clearly identified and precisely
quantified ((e)(4)(iii));
The budgets, when considered together with all other
emissions sources, are consistent with applicable requirements for
reasonable further progress, attainment, or maintenance ((e)(4)(iv));
The budgets are consistent with and clearly related to the
emissions inventory and control measures in the submitted SIP
((e)(4)(v); and,
The revisions explain and document changes to the previous
budgets, impacts on point and area source emissions, and changes to
established safety margins, and reasons for the changes (including the
basis for any changes related to emission factors or vehicle miles
traveled) ((e)(4)(vi)).
EPA has always required under the CAA that revisions to existing
SIPs and budgets continue to meet applicable requirements (e.g., RFP or
attainment). Therefore, states that revise existing SIPs with MOVES
must show that the SIP continues to meet applicable requirements with
the new level of motor vehicle emissions calculated by the new model.
To that end, Kentucky DAQ's submitted SIP meets EPA's two criteria
for revising budgets without revising the entire SIP if:
(1) The SIP continues to meet applicable requirements when the
previous motor vehicle emissions inventories are replaced with [MOVES
model used] base year and milestone, attainment, or maintenance year
inventories, and
(2) The state can document that growth and control strategy
assumptions for non-motor vehicle sources continue to be valid and any
minor updates do not change the overall conclusions of the SIP.
As described above in section above, the Area meets both of the
above criteria based on information provided to EPA or if there are
more significant changes in other inventory categories. Based on review
of the SIP and the new budgets provided, EPA is determining that the
SIP will continue to meet applicable requirements if the revised motor
vehicle emissions inventories are replaced with MOVES2010a.
b. Applicability of MOVES2010a-Based Budgets
Pursuant to the Commonwealth's request, EPA is approving the
revised budgets. The Commonwealth's existing MOBILE6.2 budgets will no
longer be applicable for transportation conformity purposes upon the
effective date of this final approval.
In addition, once EPA approves the MOVES2010a-based budgets, the
regional transportation conformity grace period for using MOVES2010
(and subsequent minor revisions) for the pollutants included in these
budgets will end for Northern Kentucky for the 1997 8-hour ozone NAAQS
on the effective date of this final approval.\5\
---------------------------------------------------------------------------
\5\ For more information, see EPA's ``Policy Guidance on the Use
of MOVES2010 and Subsequent Minor Revisions for State Implementation
Plan Development, Transportation Conformity, and Other Purposes,''
(April 2012).
---------------------------------------------------------------------------
IV. Final Action
EPA is taking direct final action to approve Commonwealth's August
9, 2012, SIP revision to replace the existing MOBILE 6.2 MVEBs for VOC
and NOX with new budgets based on MOVES2010a. In addition,
EPA is taking direct final action to allocate a portion of the
available safety margin to the MOVES2010a MVEBs for Northern Kentucky
for the 1997 8-hour ozone NAAQS. EPA is approving this action because
it is consistent with the CAA and the transportation conformity
requirements at 40 CFR 93.
EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should an
adverse comment be filed. This rule will be effective on August 5, 2013
without further notice unless the Agency receives adverse comment by
July 5, 2013. If EPA receives such comments, then EPA will publish a
document withdrawing the final rule and informing the public that the
rule will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. If no such comments
are received, the public is advised this rule will be effective on
August 5, 2013 and no further action will be taken on the proposed
rule.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by
Commonwealth law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian
[[Page 33731]]
country, and EPA notes that it will not impose substantial direct costs
on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 5, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone,
Intergovernmental relations, Incorporation by reference, Nitrogen
dioxides, Reporting and recordkeeping requirements, and Volatile
organic compounds.
Dated: May 22, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--Kentucky
0
2. Section 52.920 (e) is amended by adding a new entry at the end of
the table for the ``MVEB Update for the 1997 8-hour Ozone Maintenance
Plan for Northern Kentucky'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of non-regulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
MVEB Update for the 1997 8-hour Boone, Campbell, 8/9/12 6/5/13 [Insert ..................
Ozone Maintenance Plan for and Kenton citation of
Northern Kentucky. Counties, KY. publication].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-13186 Filed 6-4-13; 8:45 am]
BILLING CODE 6560-50-P
