Approval and Promulgation of Maintenance Plan Revisions; Ohio

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH 114-1a; FRL-6123-1]

Approval and Promulgation of Maintenance Plan Revisions; Ohio

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The United States Environmental Protection Agency (EPA) is

approving through ``direct final'' procedure, a March 13, 1998, request

from Ohio, for a State Implementation Plan (SIP) maintenance plan

revision for the Columbus ozone maintenance area (Franklin, Delaware

and Licking Counties). The maintenance plan revision establishes a new

maintenance year of 2010 for the area and a new transportation

conformity mobile source emissions budget for the year 2010. The 2010

emissions budget projections incorporate future emission reductions

from area and point sources. The newly established 2010 emissions

projections determine the area's safety margins for Oxides of Nitrogen

(NOX) and Volatile Organic Compounds (VOCs). Also being

approved is the State's request that a portion of the safety margins be

allocated to the area's 2010 mobile source emissions budget for

transportation conformity purposes. The area's safety margin is defined

as the difference between the attainment inventory level (the Columbus

area's attainment inventory year is 1990) of the total emissions and

the projected levels of the total emissions in the final year of the

maintenance plan (as established for Columbus in this rule to be 2010).

DATES: This direct final rule is effective on September 8, 1998, unless

EPA receives relevant adverse or critical written comments by August

10, 1998. If adverse comment is received, the EPA will publish a timely

withdrawal of the direct final rule in the Federal Register and inform

the public that the rule will not take effect. Any parties interested

in commenting on this action should do so at this time. If no such

comments are received, the public is informed that

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this action will take effect on September 8, 1998.

ADDRESSES: Copies of the documents relevant to this action are

available for inspection during normal business hours at the following

location: Regulation Development Section, Air Programs Branch, (AR-

18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois, 60604.

Please contact Scott Hamilton at (312) 353-4775 before visiting the

Region 5 office.

Written comments should be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air Programs Branch, (AR-18J), U.S.

Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,

Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT: Scott Hamilton, Environmental

Scientist, Regulation Development Section, Air Programs Branch (AR-

18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604, (312) 353-4775.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act, in section 176(c), requires conformity of

activities to an implementation plan's purpose of attaining and

maintaining the National Ambient Air Quality Standards. On November 24,

1993, EPA promulgated a final rule establishing criteria and procedures

for determining conformity of transportation plans, programs and

projects funded or approved under Title 23 U.S.C. of the Federal

Transit Act. The State of Ohio finalized and adopted State

transportation conformity rules on August 1, 1995, the rules became

effective August 21, 1995, and Ohio submitted the rules as a SIP

revision request on August 17, 1995. The rules were approved by EPA on

July 15, 1996 (61 FR 24702).

The transportation conformity rules require, among other things, a

comparison to the mobile source emissions budget established by a

control strategy SIP. A control strategy SIP is defined by the

conformity rules to be a maintenance plan, an attainment demonstration,

or a rate of progress plan. The Columbus area is an attainment area

with an approved maintenance plan. The EPA approval of the maintenance

plan established the mobile source emissions budget for transportation

conformity purposes.

The emissions budget concept is explained in the preamble to the

November 24, 1993, transportation conformity rule (58 FR 62188). The

preamble also describes how to establish the mobile source emissions

budget in the SIP and how to revise the emissions budget. The State

transportation conformity rule at 3745-101-16 of the Ohio

Administrative Code allows the mobile source emissions budget to be

changed as long as the total level of emissions from all sources remain

below the milestone level. In the case of a maintenance plan the

milestone level is the attainment level established in the maintenance

plan.

The maintenance plan is designed to provide for future growth while

still maintaining the ozone air quality standard. Growth in industries,

population and traffic is offset with reductions from cleaner cars and

other emissions reduction programs. Through the maintenance plan the

State and local agencies can manage and maintain air quality while

providing for growth.

II. Evaluation of the State Submittal

On March 13, 1998, Ohio submitted to EPA a SIP revision request for

the Columbus maintenance area. A public hearing on this proposal was

held on April 15, 1998. Documentation on the public hearing was

submitted on May 14, 1998 to complete the SIP revision request.

In the submittal Ohio requested to establish a new maintenance year

of 2010, and new 2010 mobile source emissions budget for transportation

conformity for the Columbus, Ohio maintenance area.

A. 2010 Budget Projections for Point and Area Sources

The 2010 emissions projections for point and area sources were

developed by multiplying the individual 1990-2010 population growth

factors for each county in the area by the individual county 1990

baseline inventory. The population growth factors used in the point and

area source projections were derived from census population forecasts

from Ohio's Data Users Center. The projected emissions for each county

were then added together to arrive at the total projected emissions for

the point and area source sectors for the year 2010.

B. NOX Point and Area Source Emission Changes for the 2010

Budget

In developing the area's 2010 emissions projections for

NOX, the state took credit for reductions from the point and

area source sectors. Projected NOX reductions in point

sources were obtained from the shutdown of the Columbus Trashburning

Power Plant (3.04 tons/day NOX) and the installation of a

pure oxygen combustion system at Techniglass Inc. (1.43 tons/day

NOX). These point sources were included in Ohio's point

source emissions inventory that was submitted to EPA. The point source

NOX emission reductions were subtracted from the total

projected 2010 point source emission tonnage.

Projected reductions in area sources were obtained by considering

the new federal ``Emission Standards for Locomotives and Locomotive

Engines; Final Rule'' (63 FR 18977; April 16, 1998) for new and

remanufactured diesel-powered locomotives. The federal locomotive

standards are expected to achieve a 41% reduction in NOX by

the year 2010. To be on the conservative side, Ohio calculated its'

projected NOX reductions from locomotives assuming 20%

NOX reductions by 2010 instead of 41% for the 2010 budget

(total reduction of 16.07 tons/day NOX from area sources).

The 16.07 tons/day NOX reduction was subtracted from the

total projected 2010 area source emission tonnage.

The 2010 emission projections reflect the point and area source

reductions and are illustrated in Table 1.

Table 1.--NOX and VOC Emissions Budget; and Safety Margin Determinations, Columbus (tons/day)

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Source category 1990 1996 2005 2010

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VOC Emissions

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Point....................................................... 16.44 17.52 19.33 20.27

Mobile (on-road)............................................ 94.73 63.36 61.38 61.72

Area........................................................ 101.18 107.47 117.30 123.94

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Totals................................................ 212.35 188.35 198.01 205.93

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Safety Margin = 1990 total emissions--2010 total emissions = 6.42 tons/day VOC

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NOX Emissions

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Point....................................................... 13.79 14.35 15.27 12.17

Mobile (on-road)............................................ 78.65 68.85 61.24 61.08

Area........................................................ 96.68 102.62 111.82 101.99

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Totals................................................ 189.12 185.82 188.33 175.24

Safety Margin = 1990 total emissions -2010 total emissions = 13.88 tons/day NOX

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C. Safety Margin Allocations and 2010 Mobile Source Emissions Budget

In the submittal Ohio requested to allocate to the mobile source

emissions budget part of the area's safety margin. The Columbus area's

safety margin is the difference between the 1990 attainment inventory

year and the 2010 projected emissions inventory (6.42 tons/day VOC

safety margin, and 13.88 tons/day NOX safety margin) as

shown in Table 1. The SIP revision requests the allocation of 6.27

tons/day VOC, and 9.91 tons/day NOX, into the area's mobile

source emissions budget from the safety margin. The 2010 mobile source

emissions budget showing the safety margin allocations are outlined in

Table 2. The mobile source emissions budget in Table 2 will be used for

transportation conformity purposes.

Table 2.--Allocation of Safety Margin to the 2010 Mobile Source Emissions Budget, Columbus (tons/day)

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Source category 1990 1996 2005 2010

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VOC Emissions

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Point....................................................... 16.44 17.52 19.33 20.27

Mobile (on-road)............................................ 94.73 63.36 61.38 67.99

Area........................................................ 101.18 107.47 117.30 123.94

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Totals................................................ 212.35 188.35 198.01 212.20

Remaining Safety Margin = 1990 total emissions -2010 total emissions = 0.15 tons/day VOC

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NOX Emissions

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Point....................................................... 13.79 14.35 15.27 12.17

Mobile (on-road)............................................ 78.65 68.85 61.24 70.99

Area........................................................ 96.68 102.62 111.82 101.99

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Totals................................................ 189.12 185.82 188.33 185.15

Remaining Safety Margin = 1990 total emissions -2010 total emissions = 3.97 tons/day NOX

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Table 2 illustrates that the requested portion of the safety

margins can be allocated to the 2010 mobile source budget and still

remain at or below the 1990 attainment level of total emissions for the

Columbus maintenance area. This allocation is allowed by the conformity

rule since the area would still be at or below the 1990 attainment

level for the total emissions.

III. EPA Action

After review of the SIP revision request, EPA finds that the

requested allocation of the safety margin for the Columbus area is

approvable since the approval of the new mobile source emissions

budgets for NOX and VOCs illustrates that the total

emissions for the area will be at or below the attainment year

inventory level as required by the transportation conformity

regulations. Therefore, EPA is approving the requested allocation of

the safety margin to the mobile source budget for the Columbus area.

The EPA is publishing this action without prior proposal because

EPA views this as a noncontroversial revision and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should specified written adverse or critical comments be filed. This

action will become effective without further notice unless the Agency

receives relevant adverse written comments within 30 days from the date

of publication, as indicated above. Should the Agency receive such

comments, it will publish a final rule informing the public that this

action did not take effect. Any parties interested in commenting on

this action should do so at this time.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

B. Executive Order 13045

The Final rule is not subject to Executive Order 13045, titled

``Protection of Children from Environmental Health Risks and Safety

Risks,'' because it is not an ``economically significant'' action under

Executive Order 12866.

C. Future Requests

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

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factors and in relation to relevant statutory and regulatory

requirements.

D. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act do not create

any new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of a flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

E. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, EPA must undertake various actions

in association with any proposed or final rule that includes a Federal

mandate that may result in estimated costs to state, local, or tribal

governments in the aggregate; or to the private sector, of $100 million

or more. This Federal action approves pre-existing requirements under

state or local law, and imposes no new requirements. Accordingly, no

additional costs to state, local, or tribal governments, or the private

sector, result from this action.

F. Audit Privilege and Immunity Law

Nothing in this action should be construed as making any

determination or expressing any position regarding Ohio's audit

privilege and immunity law (sections 3745.70--3745.73 of the Ohio

Revised Code ). EPA will be reviewing the effect of the Ohio audit

privilege and immunity law on various Ohio environmental programs,

including those under the Clean Air Act, and taking appropriate

action(s), if any, after thorough analysis and opportunity for Ohio to

state and explain its views and positions on the issues raised by the

law. The action taken herein does not express or imply any viewpoint on

the question of whether there are legal deficiencies in this or any

Ohio Clean Air Act program resulting from the effect of the audit

privilege and immunity law. As a consequence of the review process, the

regulations subject to the action taken herein may be disapproved,

federal approval for the Clean Air Act program under which they are

implemented may be withdrawn, or other appropriate action may be taken,

as necessary.

G. Submission to Congress and the General Accounting Office

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 rule 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. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by September 8, 1998. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule 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.

This action may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2)).

V. List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone, Nitrogen oxides, Transportation

conformity.

Dated: July 1, 1998.

David A. Ullrich,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart KK--Ohio

2. Section 52.1885 is amended by adding paragraph (a)(9) to read as

follows:

Sec. 52.1885 Control Strategy: Ozone

(a) * * *

(9) Approval--On March 13, 1998, Ohio submitted a revision to the

maintenance plan for the Columbus area. The revision consists of

establishing a new out year for the area's emissions budget. The new

out year emissions projections include reductions from point and area

sources; the revision also defines new safety margins according to the

difference between the areas 1990 baseline inventory and the out year

projection. Additionally, the revision consists of allocating a portion

of the Columbus area's safety margins to the transportation conformity

mobile source emissions budget. The mobile source budgets for

transportation conformity purposes for the Columbus area are now: 67.99

tons per day of volatile organic compound emissions for the year 2010

and 70.99 tons per day of oxides of nitrogen emissions for the year

2010.

[FR Doc. 98-18420 Filed 7-9-98; 8:45 am]

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