Approval and Promulgation of Air Quality Implementation Plans; Ohio; Lima 1997 8-Hour Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets, 34906-34910 [2013-13734]
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34906
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
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comments, this action will be effective
August 12, 2013.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
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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 12, 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
Dated: May 28, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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2. Section 52.1885 is amended by
adding paragraph (ff)(15) to read as
follows:
■
§ 52.1885
Control strategy: Ozone.
*
*
*
*
*
(ff) * * *
(15) Approval—On December 7, 2012,
Ohio submitted a request to revise the
approved MOBILE6.2 motor vehicle
emission budgets (budgets) in the 1997
8-hour ozone maintenance plan for the
Ohio portion of the Wheeling area. The
budgets are being revised with budgets
developed with the MOVES2010a
model. The 2009 motor vehicle
emissions budgets for the Ohio portion
of the Wheeling area are 4.70 tpd VOC
and 13.30 tpd NOX. The 2018 motor
vehicle emissions budgets for the Ohio
portion of the Wheeling area are 2.15
tpd VOC and 5.18 tpd NOX.
*
*
*
*
*
[FR Doc. 2013–13735 Filed 6–10–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2013–0050; FRL–9821–5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Lima 1997 8-Hour Ozone Maintenance
Plan Revision to Approved Motor
Vehicle Emissions Budgets
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: Under the Clean Air Act
(CAA), EPA is approving the request by
Ohio to revise the Lima, Ohio 1997 8hour ozone maintenance air quality
State Implementation Plan (SIP) to
replace motor vehicle emissions budgets
(budgets) with budgets developed using
EPA’s Motor Vehicle Emissions
Simulator (MOVES) emissions model.
Ohio submitted the SIP revision request
to EPA on January 11, 2013.
DATES: This direct final rule will be
effective August 12, 2013, unless EPA
receives adverse comments by July 11,
2013. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2013–0050, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
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2. Email: blakley.pamela@epa.gov
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2013–
0050. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. 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.
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
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available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@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:
I. What is EPA approving?
II. What is the background for this action?
a. SIP Budgets and Transportation
Conformity.
b. Prior Approval of Budgets.
c. The MOVES Emissions Model.
d. Submission of New Budgets Based on
MOVES2010a.
III. What are the criteria for approval?
IV. What is EPA’s analysis of the state’s
submittal?
a. The Revised Inventories.
b. Approvability of the MOVES2010aBased Budgets.
c. Applicability of MOBILE6.2-Based
Budgets.
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews.
I. What is EPA approving?
EPA is approving new MOVES2010abased budgets for the Lima, Ohio 1997
8-hour ozone maintenance area that will
replace MOBILE-based budgets in the
SIP. The Lima, Ohio area was
redesignated to attainment of the 1997
8-hour ozone standard effective June 15,
2007 (72 FR 27648), and MOBILE6.2based budgets were approved in that
action. Upon the effective date of
approval of the MOVES-based budgets,
they must then be used in future
transportation conformity analyses for
the area as required by section 176(c) of
the CAA. See the official release of the
MOVES2010 emissions model (75 FR
9411–9414) for background, and section
II.(c) below for details.
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34907
II. What is the background for this
action?
a. SIP Budgets and Transportation
Conformity
Under the CAA, states are required to
submit control strategy SIP revisions
and maintenance plans for
nonattainment and maintenance areas
for a given National Ambient Air
Quality Standard (NAAQS). These SIP
revisions and maintenance plans
include budgets of on-road mobile
source emissions for criteria pollutants,
including precursors. Transportation
plans and projects ‘‘conform’’ to (i.e.,
are consistent with) the SIP when they
will not cause or contribute to air
quality violations, or delay timely
attainment of the NAAQS.
b. Prior Approval of Budgets
EPA previously approved budgets for
the Lima, Ohio, 8-hour ozone
maintenance area for volatile organic
compounds (VOCs) and nitrogen oxides
(NOX). The area’s ozone maintenance
plan established 2009 and 2018 budgets
that demonstrated a reduction in
emissions from the monitored
attainment year of 2004.
c. The MOVES Emissions Model
The MOVES model is EPA’s state of
the art tool for estimating highway
emissions. EPA announced the release
of MOVES2010 on March 2, 2010 (75 FR
9411). Use of the MOVES model is
required for regional emissions analyses
for transportation conformity
determinations outside of California that
begin after March 2, 2013.
MOVES2010a was used to estimate
emissions in the Lima area for the same
milestone years as the original budgets
in the SIP. The Ohio Environmental
Protection Agency (OEPA) is revising
the budgets using the latest planning
assumptions, including population and
employment updates. In addition,
newer vehicle registration data has been
used to update the age distribution of
the vehicle fleet. Updating the budgets
with MOVES2010a allows the area to
continue to show conformity to the SIP
in plans, transportation improvement
programs, and projects. The interagency
consultation group has had extensive
consultation on the requirements and
need for new budgets.
d. Submission of New Budgets Based on
MOVES2010a
On January 11, 2013, Ohio submitted
final budgets based on MOVES2010a
that cover the Lima area. Ohio received
no comments during the public review
and comment period.
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The new MOVES2010a based budgets
are for the years 2009 and 2018, for both
VOCs and NOX, and are detailed later in
this notice. Ohio also provided Lima’s
total emissions, including mobile
emissions based on MOVES2010a, for
the 2004 attainment year, the 2009
interim budget year, and the 2018
maintenance year. The combined
emissions reduction from all sectors
between the years 2004 and 2018 is
shown as well. Total emissions include
point, area, non-road mobile and onroad mobile sources. The total
emissions and combined emissions
reduction from all sectors from 2004 to
2018 for VOC and NOX for each area is
shown in tables 1 and 2. As noted in
tables 1 and 2, for on-road emissions of
both VOC and NOX for the years 2009
and 2018, a 15% safety margin 1 has
been applied to reach the values shown.
TABLE 1—TOTAL VOC EMISSIONS WITH MOVES2010a MOBILE EMISSIONS IN LIMA, OHIO
[Tons per day]
2004
Attainment
Sector
2009
Interim
2018
Maintenance
Point .................................................................................................
Area .................................................................................................
On-road Mobile ................................................................................
Non-road Mobile ..............................................................................
4.92
5.08
6.35
2.11
5.28
4.85
5.39
1.89
6.44
4.89
2.38
1.36
Total ..........................................................................................
18.46
17.41
Combined emissions reduction
(2004–2018)
15.07
3.39
TABLE 2—TOTAL NOX EMISSIONS WITH MOVES2010a MOBILE EMISSIONS IN LIMA, OHIO
[Tons per day]
2004
Attainment
Sector
2009
Interim
2018
Maintenance
Point .................................................................................................
Area .................................................................................................
On-road Mobile ................................................................................
Non-road Mobile ..............................................................................
12.57
0.47
12.23
4.85
13.66
0.52
10.65
3.72
15.98
0.55
6.18
2.82
Total ..........................................................................................
30.12
28.55
25.53
4.59
meets this requirement as described
below in the next section.
EPA requires that revisions to existing
SIPs and budgets continue to meet
applicable requirements (e.g.,
reasonable further progress, attainment,
or maintenance). The SIP must also
meet any applicable SIP requirements
under CAA section 110. In addition,
adequacy criteria found at 40 CFR
93.118(e)(4) must be satisfied before
EPA can find submitted budgets
adequate and approve them for
conformity purposes.
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 more
information, see EPA’s latest ‘‘Policy
Guidance on the Use of MOVES2010 for
SIP Development, Transportation
Conformity, and Other Purposes’’ (April
2012), available online at: www.epa.gov/
otaq/stateresources/transconf/
policy.htm#models. The submittal
1 The safety margin is achieved by adding a
certain percentage of emissions, in tons per day,
onto the MOVES-based on-road emissions budgets.
In this case, Ohio chose to add a 15% safety margin
to their budgets. The safety margin cannot exceed
the combined emissions reduction for the area.
The Lima Allen County Regional
Planning Commission has added only a
portion of the overall safety margin
available for NOX and VOCs to the
budgets for 2009 and 2018. As shown in
tables 1 and 2, the submittal
demonstrates how the area’s combined
emissions decline from the attainment
year of 2004 to maintain the 1997 8hour ozone standard.
No additional control measures were
needed to maintain the 1997 8-hour
ozone standard in the Lima, Ohio area.
An appropriate safety margin for NOX
and VOCs was established by the
interagency consultation group, which
consists of representatives from the
Federal Highway Administration,
OEPA, Ohio Department of
Transportation, and EPA. The submitted
budgets for the Lima, Ohio area are
addressed later in this notice.
III. What are the criteria for approval?
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Combined emissions reduction
(2004–2018)
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IV. What is EPA’s analysis of the state’s
submittal?
a. The Revised Inventories
The January 11, 2013, SIP revision
request for the Lima, Ohio 1997 ozone
maintenance plan seeks to revise only
the on-road mobile source inventories.
OEPA has certified that the control
strategies remain the same as in the
original SIP, and that no other control
strategies are necessary. OEPA finds that
growth and control strategy assumptions
for non-mobile sources (i.e., area, nonroad, and point) have not changed
significantly from the original submittal.
This is confirmed by the monitoring
data for the Lima area, which continues
to monitor attainment for the 1997 8hour ozone standard.
OEPA’s submittal confirms that the
total emissions in the revised SIP
(which includes MOVES2010a
emissions from mobile sources) as
shown in tables 1 and 2 demonstrate
that emissions in the Lima, Ohio area
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maintenance of the 1997 ozone standard
because the total emissions in the
revised SIP (including MOVES2010a
emissions for mobile sources) continue
to decrease from the attainment year to
the final year of the maintenance plan,
as shown in tables 1 and 2. The budgets
include an appropriate margin of safety
TABLE 3—MOTOR VEHICLE EMISSION while still maintaining total emissions
BUDGETS (MOVES) FOR THE LIMA below the attainment level. As table 3
1997 OZONE AREA (ALLEN COUNTY, shows, the submitted budgets include
an appropriate margin of safety while
OHIO)
still maintaining total emissions below
[Tons per day]
the attainment level.
Based on our review of the January
Year
2009
2018
11, 2013, submittal, EPA has
VOC ..................
5.39
2.38 determined that the SIP will continue to
NOX ..................
10.65
6.18 meet the requirements if the revised
motor vehicle emissions inventories are
replaced with MOVES2010a
b. Approvability of the MOVES2010ainventories.
Based Budgets
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continue to decline and remain below
the attainment levels.
Ohio has submitted MOVES2010abased budgets for the Lima, Ohio area
that are clearly identified in the
submittal. The budgets are displayed in
table 3.
EPA is approving the MOVES2010abased budgets submitted by Ohio for use
in determining transportation
conformity in the Lima, Ohio 1997
ozone maintenance area. EPA evaluated
the MOVES-based budgets submitted on
January 11, 2013, using the adequacy
criteria found in 40 CFR 93.118(e)(4)
and our in-depth evaluation of the
state’s submittal and SIP requirements.
Before submitting the revised budgets,
OEPA has shown that it followed all
necessary conformity procedures. The
budgets are clearly identified and
precisely quantified in the submittal.
The budgets, when considered with
other emissions sources, are consistent
with continued maintenance of the 1997
ozone standard. The budgets are clearly
related to the emissions inventory and
control measures in the SIP. The
changes from the previous budgets are
clearly explained with the change in the
model from MOBILE6.2 to
MOVES2010a and the revised and
updated planning assumptions. The
inputs to the model are detailed in the
appendix to the submittal. EPA has
reviewed the inputs to the
MOVES2010a modeling and
participated in the consultation process.
The Federal Highway Administration
and the Ohio Department of
Transportation have taken a lead role in
working with the Lima Allen County
Regional Planning Commission to
provide accurate, timely information
and inputs to the MOVES2010a model
run. The state has documented that
growth and control strategy assumptions
for non-motor vehicle sources (i.e. area,
non-road, and point) continue to be
valid and any minor updates do not
change the overall conclusions of the
SIP.
Ohio’s submission confirms that the
SIP continues to demonstrate
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c. Applicability of MOBILE6.2-Based
Budgets
Upon the effective date of the
approval of the revised budgets, the
state’s existing MOBILE6.2-based
budgets will no longer be applicable for
transportation conformity purposes.
V. What action is EPA taking?
EPA is approving, as a SIP revision,
the replacement MOVES2010-based
budgets for the Lima, Ohio 1997 ozone
maintenance plan, as submitted on
January 11, 2013. We are publishing this
action without prior proposal because
we view this as a noncontroversial
amendment and anticipate no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, we are publishing a
separate document that will serve as the
proposal to approve the state plan if
relevant adverse written comments are
filed. This rule will be effective August
12, 2013 without further notice unless
we receive relevant adverse written
comments by July 11, 2013. If we
receive such comments, we will
withdraw this action before the effective
date by publishing a subsequent
document that will withdraw the final
action. All public comments received
will then be addressed in a subsequent
final rule based on the proposed action.
EPA will not institute a second
comment period. Any parties interested
in commenting on this action should do
so at this time. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment. If we do not receive
any comments, this action will be
effective August 12, 2013.
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34909
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
E:\FR\FM\11JNR1.SGM
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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
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 12, 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
Dated: May 28, 2013.
Susan Hedman,
Regional Administrator, Region 5.
wreier-aviles on DSK5TPTVN1PROD with RULES
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
VerDate Mar<15>2010
15:08 Jun 10, 2013
Jkt 229001
2. Section 52.1885 is amended by
adding paragraph (ff)(16) to read as
follows:
■
§ 52.1885
Control strategy: Ozone.
*
*
*
*
*
(ff) * * *
(16) Approval—On January 11, 2013,
Ohio submitted a request to revise the
approved MOBILE6.2 motor vehicle
emission budgets (budgets) in the 1997
8-hour ozone maintenance plan for the
Lima, Ohio area. The budgets are being
revised with budgets developed with
the MOVES2010a model. The 2009
motor vehicle emissions budgets for the
Lima, Ohio area are 5.39 tpd VOC and
10.65 tpd NOX. The 2018 motor vehicle
emissions budgets for the Lima, Ohio
area are 2.38 tpd VOC and 6.18 tpd
NOX.
*
*
*
*
*
[FR Doc. 2013–13734 Filed 6–10–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0033; FRL–9822–5]
Approval and Promulgation of
Implementation Plans; Maryland;
Revisions to the State Implementation
Plan Approved by EPA Through Letter
Notice Actions
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
SUMMARY: EPA is taking final action on
administrative changes to the Maryland
State Implementation Plan (SIP) which
EPA had previously approved through a
Letter Notice action. The revision
removes an obsolete Consent Decree for
the Allegany County Board of
Education, Beall Jr./Sr. High School.
EPA has determined that this action
falls under the ‘‘good cause’’ exemption
in the Administrative Procedure Act
(APA), which authorizes agencies to
dispense with public participation and
which allows an agency to make an
action effective immediately (thereby
avoiding the 30-day delayed effective
date otherwise provided for in the
APA).
DATES: This action is effective June 11,
2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2013–0033. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
some information is not publicly
available, i.e., confidential business
information (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 through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford at (215) 814–2108,
or by email at
frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action on
administrative changes to the Maryland
SIP. On November 15, 2012, Maryland
submitted a SIP revision requesting
removal of an obsolete Consent Decree
for the Allegany County Board of
Education, Beall Jr./Sr. High School
since the school’s coal-fired boiler was
demolished in 2007. EPA determined
that the revision was a minor SIP
revision without any substantive
changes and complied with all
applicable requirements of the CAA and
EPA regulations concerning such SIP
revisions. EPA approved this revision
through Letter Notice to Maryland dated
February 6, 2013 consistent with the
procedures outlined in EPA’s Notice of
Procedural Changes on SIP processing
published on January 19, 1989 at 54 FR
2214 and consistent with the procedures
outlined in an April 6, 2011 memo from
Janet McCabe, Deputy Assistant
Administrator for the Office of Air and
Radiation, regarding Regional
Consistency for the Administrative
Requirements of State Implementation.
Today’s action completes the February
6, 2013 administrative amendment to
the SIP by removing the Consent Order
entry for Beall Jr./Sr. High School from
the 40 CFR 52.1070(d) table.
II. EPA Action
EPA is taking final action on
administrative changes to the Maryland
SIP. EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in the section 553(b)(3)(B) of
the Administrative Procedure Act (APA)
E:\FR\FM\11JNR1.SGM
11JNR1
]]>Agencies
[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34906-34910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13734]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2013-0050; FRL-9821-5]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Lima 1997 8-Hour Ozone Maintenance Plan Revision to Approved
Motor Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Clean Air Act (CAA), EPA is approving the request by
Ohio to revise the Lima, Ohio 1997 8-hour ozone maintenance air quality
State Implementation Plan (SIP) to replace motor vehicle emissions
budgets (budgets) with budgets developed using EPA's Motor Vehicle
Emissions Simulator (MOVES) emissions model. Ohio submitted the SIP
revision request to EPA on January 11, 2013.
DATES: This direct final rule will be effective August 12, 2013, unless
EPA receives adverse comments by July 11, 2013. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0050, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
[[Page 34907]]
2. Email: blakley.pamela@epa.gov
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0050. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. 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.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Anthony Maietta, Environmental
Protection Specialist, at (312) 353-8777 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
maietta.anthony@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:
I. What is EPA approving?
II. What is the background for this action?
a. SIP Budgets and Transportation Conformity.
b. Prior Approval of Budgets.
c. The MOVES Emissions Model.
d. Submission of New Budgets Based on MOVES2010a.
III. What are the criteria for approval?
IV. What is EPA's analysis of the state's submittal?
a. The Revised Inventories.
b. Approvability of the MOVES2010a-Based Budgets.
c. Applicability of MOBILE6.2-Based Budgets.
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews.
I. What is EPA approving?
EPA is approving new MOVES2010a-based budgets for the Lima, Ohio
1997 8-hour ozone maintenance area that will replace MOBILE-based
budgets in the SIP. The Lima, Ohio area was redesignated to attainment
of the 1997 8-hour ozone standard effective June 15, 2007 (72 FR
27648), and MOBILE6.2-based budgets were approved in that action. Upon
the effective date of approval of the MOVES-based budgets, they must
then be used in future transportation conformity analyses for the area
as required by section 176(c) of the CAA. See the official release of
the MOVES2010 emissions model (75 FR 9411-9414) for background, and
section II.(c) below for details.
II. What is the background for this action?
a. SIP Budgets and Transportation Conformity
Under the CAA, states are required to submit control strategy SIP
revisions and maintenance plans for nonattainment and maintenance areas
for a given National Ambient Air Quality Standard (NAAQS). These SIP
revisions and maintenance plans include budgets of on-road mobile
source emissions for criteria pollutants, including precursors.
Transportation plans and projects ``conform'' to (i.e., are consistent
with) the SIP when they will not cause or contribute to air quality
violations, or delay timely attainment of the NAAQS.
b. Prior Approval of Budgets
EPA previously approved budgets for the Lima, Ohio, 8-hour ozone
maintenance area for volatile organic compounds (VOCs) and nitrogen
oxides (NOX). The area's ozone maintenance plan established
2009 and 2018 budgets that demonstrated a reduction in emissions from
the monitored attainment year of 2004.
c. The MOVES Emissions Model
The MOVES model is EPA's state of the art tool for estimating
highway emissions. EPA announced the release of MOVES2010 on March 2,
2010 (75 FR 9411). Use of the MOVES model is required for regional
emissions analyses for transportation conformity determinations outside
of California that begin after March 2, 2013.
MOVES2010a was used to estimate emissions in the Lima area for the
same milestone years as the original budgets in the SIP. The Ohio
Environmental Protection Agency (OEPA) is revising the budgets using
the latest planning assumptions, including population and employment
updates. In addition, newer vehicle registration data has been used to
update the age distribution of the vehicle fleet. Updating the budgets
with MOVES2010a allows the area to continue to show conformity to the
SIP in plans, transportation improvement programs, and projects. The
interagency consultation group has had extensive consultation on the
requirements and need for new budgets.
d. Submission of New Budgets Based on MOVES2010a
On January 11, 2013, Ohio submitted final budgets based on
MOVES2010a that cover the Lima area. Ohio received no comments during
the public review and comment period.
[[Page 34908]]
The new MOVES2010a based budgets are for the years 2009 and 2018,
for both VOCs and NOX, and are detailed later in this
notice. Ohio also provided Lima's total emissions, including mobile
emissions based on MOVES2010a, for the 2004 attainment year, the 2009
interim budget year, and the 2018 maintenance year. The combined
emissions reduction from all sectors between the years 2004 and 2018 is
shown as well. Total emissions include point, area, non-road mobile and
on-road mobile sources. The total emissions and combined emissions
reduction from all sectors from 2004 to 2018 for VOC and NOX
for each area is shown in tables 1 and 2. As noted in tables 1 and 2,
for on-road emissions of both VOC and NOX for the years 2009
and 2018, a 15% safety margin \1\ has been applied to reach the values
shown.
---------------------------------------------------------------------------
\1\ The safety margin is achieved by adding a certain percentage
of emissions, in tons per day, onto the MOVES-based on-road
emissions budgets. In this case, Ohio chose to add a 15% safety
margin to their budgets. The safety margin cannot exceed the
combined emissions reduction for the area.
Table 1--Total VOC Emissions With MOVES2010a Mobile Emissions in Lima, Ohio
[Tons per day]
----------------------------------------------------------------------------------------------------------------
Combined
emissions
Sector 2004 Attainment 2009 Interim 2018 Maintenance reduction (2004-
2018)
----------------------------------------------------------------------------------------------------------------
Point................................... 4.92 5.28 6.44
Area.................................... 5.08 4.85 4.89
On-road Mobile.......................... 6.35 5.39 2.38
Non-road Mobile......................... 2.11 1.89 1.36
------------------------------------------------------
Total............................... 18.46 17.41 15.07 3.39
----------------------------------------------------------------------------------------------------------------
Table 2--Total NOX Emissions With MOVES2010a Mobile Emissions in Lima, Ohio
[Tons per day]
----------------------------------------------------------------------------------------------------------------
Combined
emissions
Sector 2004 Attainment 2009 Interim 2018 Maintenance reduction (2004-
2018)
----------------------------------------------------------------------------------------------------------------
Point................................... 12.57 13.66 15.98
Area.................................... 0.47 0.52 0.55
On-road Mobile.......................... 12.23 10.65 6.18
Non-road Mobile......................... 4.85 3.72 2.82
------------------------------------------------------
Total............................... 30.12 28.55 25.53 4.59
----------------------------------------------------------------------------------------------------------------
The Lima Allen County Regional Planning Commission has added only a
portion of the overall safety margin available for NOX and
VOCs to the budgets for 2009 and 2018. As shown in tables 1 and 2, the
submittal demonstrates how the area's combined emissions decline from
the attainment year of 2004 to maintain the 1997 8-hour ozone standard.
No additional control measures were needed to maintain the 1997 8-
hour ozone standard in the Lima, Ohio area. An appropriate safety
margin for NOX and VOCs was established by the interagency
consultation group, which consists of representatives from the Federal
Highway Administration, OEPA, Ohio Department of Transportation, and
EPA. The submitted budgets for the Lima, Ohio area are addressed later
in this notice.
III. What are the criteria for approval?
EPA requires that revisions to existing SIPs and budgets continue
to meet applicable requirements (e.g., reasonable further progress,
attainment, or maintenance). The SIP must also meet any applicable SIP
requirements under CAA section 110. In addition, adequacy criteria
found at 40 CFR 93.118(e)(4) must be satisfied before EPA can find
submitted budgets adequate and approve them for conformity purposes.
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 more information, see EPA's latest ``Policy Guidance on
the Use of MOVES2010 for SIP Development, Transportation Conformity,
and Other Purposes'' (April 2012), available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm#models. The submittal meets
this requirement as described below in the next section.
IV. What is EPA's analysis of the state's submittal?
a. The Revised Inventories
The January 11, 2013, SIP revision request for the Lima, Ohio 1997
ozone maintenance plan seeks to revise only the on-road mobile source
inventories. OEPA has certified that the control strategies remain the
same as in the original SIP, and that no other control strategies are
necessary. OEPA finds that growth and control strategy assumptions for
non-mobile sources (i.e., area, non-road, and point) have not changed
significantly from the original submittal. This is confirmed by the
monitoring data for the Lima area, which continues to monitor
attainment for the 1997 8-hour ozone standard.
OEPA's submittal confirms that the total emissions in the revised
SIP (which includes MOVES2010a emissions from mobile sources) as shown
in tables 1 and 2 demonstrate that emissions in the Lima, Ohio area
[[Page 34909]]
continue to decline and remain below the attainment levels.
Ohio has submitted MOVES2010a-based budgets for the Lima, Ohio area
that are clearly identified in the submittal. The budgets are displayed
in table 3.
Table 3--Motor Vehicle Emission Budgets (MOVES) for the Lima 1997 Ozone
Area (Allen County, Ohio)
[Tons per day]
------------------------------------------------------------------------
Year 2009 2018
------------------------------------------------------------------------
VOC........................................... 5.39 2.38
NOX........................................... 10.65 6.18
------------------------------------------------------------------------
b. Approvability of the MOVES2010a-Based Budgets
EPA is approving the MOVES2010a-based budgets submitted by Ohio for
use in determining transportation conformity in the Lima, Ohio 1997
ozone maintenance area. EPA evaluated the MOVES-based budgets submitted
on January 11, 2013, using the adequacy criteria found in 40 CFR
93.118(e)(4) and our in-depth evaluation of the state's submittal and
SIP requirements.
Before submitting the revised budgets, OEPA has shown that it
followed all necessary conformity procedures. The budgets are clearly
identified and precisely quantified in the submittal. The budgets, when
considered with other emissions sources, are consistent with continued
maintenance of the 1997 ozone standard. The budgets are clearly related
to the emissions inventory and control measures in the SIP. The changes
from the previous budgets are clearly explained with the change in the
model from MOBILE6.2 to MOVES2010a and the revised and updated planning
assumptions. The inputs to the model are detailed in the appendix to
the submittal. EPA has reviewed the inputs to the MOVES2010a modeling
and participated in the consultation process. The Federal Highway
Administration and the Ohio Department of Transportation have taken a
lead role in working with the Lima Allen County Regional Planning
Commission to provide accurate, timely information and inputs to the
MOVES2010a model run. The state has documented that growth and control
strategy assumptions for non-motor vehicle sources (i.e. area, non-
road, and point) continue to be valid and any minor updates do not
change the overall conclusions of the SIP.
Ohio's submission confirms that the SIP continues to demonstrate
maintenance of the 1997 ozone standard because the total emissions in
the revised SIP (including MOVES2010a emissions for mobile sources)
continue to decrease from the attainment year to the final year of the
maintenance plan, as shown in tables 1 and 2. The budgets include an
appropriate margin of safety while still maintaining total emissions
below the attainment level. As table 3 shows, the submitted budgets
include an appropriate margin of safety while still maintaining total
emissions below the attainment level.
Based on our review of the January 11, 2013, submittal, EPA has
determined that the SIP will continue to meet the requirements if the
revised motor vehicle emissions inventories are replaced with
MOVES2010a inventories.
c. Applicability of MOBILE6.2-Based Budgets
Upon the effective date of the approval of the revised budgets, the
state's existing MOBILE6.2-based budgets will no longer be applicable
for transportation conformity purposes.
V. What action is EPA taking?
EPA is approving, as a SIP revision, the replacement MOVES2010-
based budgets for the Lima, Ohio 1997 ozone maintenance plan, as
submitted on January 11, 2013. We are publishing this action without
prior proposal because we view this as a noncontroversial amendment and
anticipate no adverse comments. However, in the proposed rules section
of this Federal Register publication, we are publishing a separate
document that will serve as the proposal to approve the state plan if
relevant adverse written comments are filed. This rule will be
effective August 12, 2013 without further notice unless we receive
relevant adverse written comments by July 11, 2013. If we receive such
comments, we will withdraw this action before the effective date by
publishing a subsequent document that will withdraw the final action.
All public comments received will then be addressed in a subsequent
final rule based on the proposed action. EPA will not institute a
second comment period. Any parties interested in commenting on this
action should do so at this time. Please note that if EPA receives
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, EPA
may adopt as final those provisions of the rule that are not the
subject of an adverse comment. If we do not receive any comments, this
action will be effective August 12, 2013.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
[[Page 34910]]
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 12, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: May 28, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.1885 is amended by adding paragraph (ff)(16) to read as
follows:
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(ff) * * *
(16) Approval--On January 11, 2013, Ohio submitted a request to
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets)
in the 1997 8-hour ozone maintenance plan for the Lima, Ohio area. The
budgets are being revised with budgets developed with the MOVES2010a
model. The 2009 motor vehicle emissions budgets for the Lima, Ohio area
are 5.39 tpd VOC and 10.65 tpd NOX. The 2018 motor vehicle
emissions budgets for the Lima, Ohio area are 2.38 tpd VOC and 6.18 tpd
NOX.
* * * * *
[FR Doc. 2013-13734 Filed 6-10-13; 8:45 am]
BILLING CODE 6560-50-P
