81 FR 12591 - Air Plan Approval; Ohio; Base Year Emission Inventories for the 2008 8-Hour Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 47 (March 10, 2016)
Federal Register Volume 81, Issue 47 (March 10, 2016)
| Page Range | 12591-12595 | |
| FR Document | 2016-05273 |
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)] [Rules and Regulations] [Pages 12591-12595] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05273] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2014-0658; FRL-9943-46-Region 5] Air Plan Approval; Ohio; Base Year Emission Inventories for the 2008 8-Hour Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), a State Implementation Plan (SIP) revision submitted by the Ohio Environmental Protection Agency (OEPA) on July 18, 2014, to address emission inventory requirements for the Cleveland- Akron-Lorain, Ohio (OH) and Columbus, OH ozone nonattainment areas and for the Ohio portion of the Cincinnati, Ohio-Kentucky-Indiana ozone nonattainment area under the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard). The CAA requires emission inventories for all ozone nonattainment areas. The emission inventories contained in Ohio's July 18, 2014, submission meet this CAA requirement. EPA is also confirming that the state of Ohio has acceptable stationary source annual emission statement regulations, which have been previously approved by EPA. DATES: This direct final rule will be effective May 9, 2016, unless EPA receives adverse comments by April 11, 2016. If adverse comments are received by EPA, 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-2014-0658 at http://www.regulations.gov or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to [[Page 12592]] make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Edward Doty, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6057, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. The 2008 Ozone NAAQS and Emission Inventory Requirements II. Ohio's Emission Inventories A. Base Year B. How did the State develop the emission inventories? C. Source Emission Statements III. EPA's Evaluation A. Did the state adequately document the derivation of the emission estimates? B. Did the State quality assure the emission estimates? C. Did the State provide for public review of the requested SIP revision? IV. Final Action V. Statutory and Executive Order Reviews I. The 2008 Ozone NAAQS and Emission Inventory Requirements On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). The Cleveland-Akron-Lorain, Columbus, and Cincinnati areas were designated as marginal nonattainment areas for the 2008 ozone NAAQS. See 77 FR 30088 (May 21, 2012). The Cleveland-Akron-Lorain nonattainment area includes Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit Counties. The Columbus nonattainment area includes Delaware, Fairfield, Franklin, Knox, Licking, and Madison Counties. The Ohio portion of the Cincinnati nonattainment area includes Butler, Clermont, Clinton, Hamilton, and Warren Counties. CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and 7511a(a)(1), require states to develop and submit, as SIP revisions, emission inventories for all areas designated as nonattainment for any NAAQS, including the ozone NAAQS. An emission inventory for ozone is an estimation of actual emissions of air pollutants that contribute to the formation of ozone in an area. Ozone is a gas that is formed by the reaction of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX ) in the atmosphere in the presence of sunlight (VOC and NOX are referred to as ozone precursors). Therefore, an emission inventory for ozone focuses on the emissions of VOC and NOX . VOC is emitted by many types of pollution sources, including power plants, industrial sources, on-road and off-road mobile sources, smaller stationary sources, collectively referred to as area sources, and biogenic sources.\1\ NOX is primarily emitted by combustion sources, both stationary and mobile. --------------------------------------------------------------------------- \1\ Biogenic emissions are produced by living organisms and are typically not included in the base year emission inventories, but are considered in ozone modeling analyses, which must consider all emissions in a modeled area. --------------------------------------------------------------------------- Emission inventories provide emissions data for a variety of air quality planning tasks, including establishing baseline emission levels (anthropogenic [manmade] emissions associated with ozone standard violations), calculating emission reduction targets needed to attain the NAAQS and to achieve reasonable further progress toward attainment of the ozone standard (not required in the areas considered here), determining emission inputs for ozone air quality modeling analyses, and tracking emissions over time to determine progress toward achieving air quality and emission reduction goals. As stated above, the CAA requires the states to submit emission inventories for areas designated as nonattainment for ozone. For the 2008 ozone NAAQS, EPA has recommended that states submit typical summer day emission estimates for 2011 (78 FR 34178, 34190, June 6, 2013). However, EPA also allows states to submit base year emissions for other years during a recent ozone standard violation period. States are required to submit estimates of VOC and NOX emissions for four general classes of anthropogenic sources: stationary point sources; area sources; on- road mobile sources; and off-road mobile sources. II. Ohio's Emission Inventories On July 18, 2014, Ohio submitted a SIP revision addressing the VOC and NOX emission inventory requirement for the Cleveland- Akron-Lorain and Columbus ozone nonattainment areas and for the Ohio portion of the Cincinnati ozone nonattainment area. Tables 1, 2, and 3 summarize the 2008 VOC and NOX emissions for these three areas for a typical summer day (reflective of the summer period, when the highest ozone concentrations are expected in these nonattainment areas). The following acronyms are used in the emissions tables: Electric Generating Units (EGU); and Commercial Marine-Airplanes- Railroads (MAR).\2\ --------------------------------------------------------------------------- \2\ MAR sources are not covered by the off-road mobile source emissions model used by the state. Ohio has relied on MAR emissions calculated and supplied through contractors, as discussed elsewhere in this rulemaking. Table 1--Cleveland Area 2008 Emission Inventory [tons per day] ------------------------------------------------------------------------ Source type VOC NOX ------------------------------------------------------------------------ Non-EGU Point........................... 19.97 16.31 EGU Point............................... 0.20 65.47 Area.................................... 96.81 12.71 On-Road Mobile.......................... 106.55 209.68 Off-Road Mobile......................... 142.40 70.86 MAR..................................... 1.24 25.65 ------------------------------- Totals.............................. 367.17 400.69 ------------------------------------------------------------------------ [[Page 12593]] Table 2--Columbus Area 2008 Emission Inventory [tons per day] ------------------------------------------------------------------------ Source type VOC NOX ------------------------------------------------------------------------ Non-EGU Point........................... 2.73 7.56 EGU Point............................... 0.00 0.00 Area.................................... 57.78 6.02 On-Road Mobile.......................... 123.41 231.72 Off-Road Mobile......................... 38.06 40.72 MAR..................................... 0.37 6.79 ------------------------------- Totals.............................. 222.35 292.81 ------------------------------------------------------------------------ Table 3--Cincinnati Area \3\ 2008 Emission Inventory (tons per day) ------------------------------------------------------------------------ Source Type VOC NOX ------------------------------------------------------------------------ Non-EGU Point........................... 5.76 24.33 EGU Point............................... 0.81 99.35 Area.................................... 54.25 7.17 On-Road Mobile.......................... 57.79 105.98 Off-Road Mobile......................... 34.59 34.34 MAR..................................... 0.42 9.29 ------------------------------- Totals.............................. 153.62 280.46 ------------------------------------------------------------------------ A. Base Year OEPA chose 2008 as the base year for these emission inventories. Although EPA recommends the use of 2011 as the base year, as noted above, EPA also allows the consideration of other base years. OEPA chose 2008 because this is one of the three years, 2008 through 2010, of ozone data indicating violation of the ozone standard that were used to designate the three areas as nonattainment for the 2008 ozone standard. --------------------------------------------------------------------------- \3\ Ohio portion only. --------------------------------------------------------------------------- B. How did the State develop the emission inventories? OEPA estimated VOC and NOX emissions for each county in the Cleveland-Akron-Lorain and Columbus ozone nonattainment areas and for the Ohio portion of the Cincinnati ozone nonattainment area. Emissions for the counties were totaled by source category for each ozone nonattainment area. To develop the VOC and NOX emission inventories, OEPA used the procedures summarized below. The primary source of emissions data for non-EGU point sources was source-reported 2008 Emission Inventory Statements (EISs). Under the authority of Ohio Administrative Code (OAC) 3756-15-03, OEPA requires regulated stationary sources in the ozone nonattainment areas to submit EISs annually. An EIS contains detailed source type-specific or source unit-specific annual and seasonal actual emissions for all source units in a facility. The EIS data for all applicable facilities were used to calculate annual and summer day county-specific point source emissions. Because they are determinative, only the summer day emissions are summarized here. EGU point source emissions were obtained from EPA's Clean Air Markets Division (CAMD). CAMD collects and processes EGU emissions nationally. For all point sources, OEPA has provided a detailed list of major point source facilities and their associated annual and summer day VOC and NOX emissions within appendices C and D of their July 18, 2014, submittal. For the area source emissions, OEPA relied on source type-specific emissions and emission factors provided by the Eastern Regional Technical Advisory Committee (ERTAC). Ohio and other states formed ERTAC to provide technical assistance in the analysis of air pollution. ERTAC defined the emission inventory source categories and derived the emission factors for each source category. ERTAC also derived the county-specific source activity levels for 2008 and provided these data to participating states.\4\ For some source categories, OEPA developed alternate methodologies, and/or subtracted point source emissions to avoid double-counting of emissions. In addition, some national emissions data obtained from EPA were allocated to county-specific emission levels based on local-to-national ratios of source activity levels. --------------------------------------------------------------------------- \4\ The county-specific area source emissions by source category were determined by multiplying the source category emission factor by the county-specific activity level. --------------------------------------------------------------------------- In appendix F of the July 18, 2014, submittal, OEPA has documented area source emissions by Source Category Code (SCC) and county. In the July 18, 2014, submittal, OEPA has provided a detailed discussion of how the emissions were derived for each source category. On-road mobile source emissions were estimated using EPA's Motor Vehicle Emission Simulator 2010b (MOVES2010b) model and Vehicle Miles Travelled (VMT) data supplied by the Cleveland, Columbus, and Cincinnati metropolitan planning organizations (MPOs). The MOVES2010b model was run using area-specific input data, where available, and national average default data where area-specific data were not available. The MPOs' VMT data were derived for a typical summer day. Appendix G of the July 18, 2014, submittal thoroughly documents the calculation and spatial allocation of the on-road mobile source emissions. Off-road mobile source emissions were estimated using EPA's National Mobile Inventory Model (NMIM). The emission estimates were processed through the Consolidated Community Emissions Processing Tool (CONCEPT) to spatially allocate the emissions to the county levels. Because NMIM does not address MAR emissions, MAR emissions were [[Page 12594]] separately estimated through contractor studies. These emission estimates were derived using county-specific activity levels and EPA- supplied emission factors. The calculated emissions were spatially allocated using CONCEPT. OEPA applied standardized, EPA-recommended procedures and data completeness checks to quality assure (QA) (to assure data accuracy) and quality check (QC) (to assure data completeness) the emission calculations. C. Source Emission Statements Section 182(a)(3)(B) of the CAA requires states to include regulations in the SIP to require sources (source facilities) to submit annual statements characterizing sources of VOC and NOX emission within the source facilities and to report actual VOC and NOX emissions for these sources. As noted above, OEPA has authority under OAC 3745-15-03 to require NOX and VOC EIS submittals for regulated source facilities in the ozone nonattainment areas that emit greater than or equal to 25 tons/year of VOC or NOX during the reporting year. The EPA approved this rule into the Ohio SIP on September 27, 2007 (72 FR 54844). OEPA confirmed in the July 18, 2014, submittal that this approved SIP regulation remains in place and remains enforceable for the 2008 ozone standard. III. EPA's Evaluation EPA has reviewed Ohio's July 18, 2014, requested SIP revision for consistency with CAA and EPA emission inventory requirements. In particular, EPA has reviewed the techniques used by OEPA to derive and quality assure the emission estimates. EPA has also determined whether Ohio has provided the public with the opportunity to review and comment on the development of the emission estimates and the confirmation that source facility emission statements are required for the 2008 ozone standard and whether the state has addressed all public comments. A. Did the State adequately document the derivation of the emission estimates? OEPA documented the procedures used to estimate the emissions for each of the major source types. The documentation of the emission estimation procedures is very thorough and is adequate for us to determine that Ohio followed acceptable procedures to estimate the emissions. B. Did the State quality assure the emission estimates? OEPA developed a quality assurance plan and followed this plan during various phases of the emissions estimation and documentation process to QA and QC the emissions for completeness and accuracy. These quality assurance procedures were summarized in the documentation describing how the emissions totals were developed. The quality assurance procedures have been determined to be adequate and acceptable. We conclude that Ohio has developed inventories of VOC and NOX emissions that are comprehensive and complete. C. Did the State provide for public review of the requested SIP revision? OEPA notified the public of the opportunity for comment both in newspapers and on OEPA's Web site. A public hearing was held on June 24, 2014. No comments on the emission inventories were received. IV. Final Action We are approving an Ohio SIP revision submitted to address the ozone-related emission inventory requirements for the Cleveland-Akron- Lorain, Columbus, and Ohio portion of the Cincinnati ozone nonattainment areas for the 2008 ozone NAAQS. The emission inventories we are approving into the SIP are specified in Tables 1, 2, and 3 above. We are approving the emission inventories because they contain comprehensive, accurate, and current inventories of actual emissions for all relevant sources in accordance with CAA sections 172(c)(3) and 182(a), and because Ohio adopted the emission inventories after providing for reasonable public notice and a public hearing. Finally, we are also confirming that Ohio has acceptable and enforceable stationary annual emission statement regulations for the 2008 ozone standard. 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 May 9, 2016 without further notice unless we receive relevant adverse written comments by April 11, 2016. 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 May 9, 2016. 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 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 [[Page 12595]] 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, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 May 9, 2016. 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: February 22, 2016. Robert A. Kaplan, Acting 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 (mm) to read as follows: Sec. 52.1885 Control Strategy: Ozone. * * * * * (mm) On July 18, 2014, Ohio submitted 2008 volatile organic compounds and oxides of nitrogen emission inventories for the Cleveland-Akron-Lorain and Columbus ozone nonattainment areas and for the Ohio portion of the Cincinnati, Ohio-Kentucky-Indiana ozone nonattainment areas as revisions to the Ohio state implementation plan. The documented emission inventories are approved as a revision of the state's implementation plan, meeting emission inventory requirements for the 2008 ozone national ambient air quality standard. [FR Doc. 2016-05273 Filed 3-9-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 12591
Based on this information, the Board, Island; Municipality of Anchorage; ENVIRONMENTAL PROTECTION
at their public meeting held on April 17, Seward area—including Seward and AGENCY
2014, elected to recommend a Moose Pass, Valdez; and Wasilla area—
simplification of the process by including Palmer, Wasilla, Sutton, Big 40 CFR Part 52
determining which areas or Lake, Houston, and Bodenberg Butte. [EPA–R05–OAR–2014–0658; FRL–9943–46–
communities are nonrural in Alaska; all Region 5]
While the Board received one
other communities or areas would,
therefore, be rural. The Board would comment on the direct final rule during
Air Plan Approval; Ohio; Base Year
make nonrural determinations using a the public comment period provided, Emission Inventories for the 2008 8-
comprehensive approach that considers the comment was not specific to the Hour Ozone Standard
population size and density, economic issues raised in this rulemaking action.
indicators, military presence, industrial Therefore, because the comment had no AGENCY: Environmental Protection
facilities, use of fish and wildlife, degree bearing on whether the new rule should Agency (EPA).
of remoteness and isolation, and any become effective or the 2007 rule should ACTION: Direct final rule.
other relevant material, including remain in place, the direct final rule SUMMARY: The Environmental Protection
information provided by the public. The became effective December 21, 2015, as Agency (EPA) is approving, under the
Board would rely heavily on the specified in that rule. Clean Air Act (CAA), a State
recommendations of the Councils. The Implementation Plan (SIP) revision
Board developed a proposal that Authority
submitted by the Ohio Environmental
simplifies the process of rural This rule is issued under the authority Protection Agency (OEPA) on July 18,
determinations and submitted its of Title VIII of the Alaska National 2014, to address emission inventory
recommendation to the Secretaries on requirements for the Cleveland-Akron-
Interest Lands Conservation Act
August 15, 2014. Lorain, Ohio (OH) and Columbus, OH
On November 24, 2014, the (ANILCA) (16 U.S.C. 3111–3126).
ozone nonattainment areas and for the
Secretaries requested that the Board List of Subjects Ohio portion of the Cincinnati, Ohio-
initiate rulemaking to pursue the Kentucky-Indiana ozone nonattainment
regulatory changes recommended by the 36 CFR Part 242
area under the 2008 ozone National
Board. Ambient Air Quality Standard (NAAQS
The Departments published a Administrative practice and
procedure, Alaska, Fish, National or standard). The CAA requires
proposed rule on January 28, 2015 (80
forests, Public lands, Reporting and emission inventories for all ozone
FR 4521), to revise the regulations
recordkeeping requirements, Wildlife. nonattainment areas. The emission
governing the rural determination
inventories contained in Ohio’s July 18,
process in subpart B of 36 CFR part 242 50 CFR Part 100 2014, submission meet this CAA
and 50 CFR part 100. Following a
requirement. EPA is also confirming
process that involved substantial Administrative practice and that the state of Ohio has acceptable
Council and public input, the procedure, Alaska, Fish, National stationary source annual emission
Departments published the final rule on forests, Public lands, Reporting and statement regulations, which have been
November 4, 2015 (80 FR 68249). recordkeeping requirements, Wildlife. previously approved by EPA.
Direct Final Rule DATES: This direct final rule will be
PARTll—SUBSISTENCE
During the rulemaking process, the effective May 9, 2016, unless EPA
MANAGEMENT REGULATIONS FOR receives adverse comments by April 11,
Board went on to address a starting PUBLIC LANDS IN ALASKA
point for nonrural communities and 2016. If adverse comments are received
areas. by EPA, EPA will publish a timely
Accordingly, the Board is affirming as
Since the 2007 final rule (72 FR withdrawal of the direct final rule in the
a final rule, without change, the direct Federal Register informing the public
25688; May 7, 2007) was contentious,
final rule amending 36 CFR part 242 that the rule will not take effect.
and so many comments were received
and 50 CFR part 100 that was published
objecting to the changes imposed by that ADDRESSES: Submit your comments,
rule, the Board decided to return to the at 80 FR 68245 on November 4, 2015. identified by Docket ID No. EPA–R05–
rural determinations prior to the 2007 Authority: 16 U.S.C. 3, 472, 551, 668dd, OAR–2014–0658 at http://
final rule. The Board further decided 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. www.regulations.gov or via email to
that the most expedient method to enact 1733. Aburano.Douglas@epa.gov. For
their decisions was to publish a direct Dated: February 16, 2016. comments submitted at Regulations.gov,
final rule adopting the pre-2007 follow the online instructions for
Eugene R. Peltola, Jr.,
nonrural determinations. As a result, the submitting comments. Once submitted,
Board determined the following areas to Assistant Regional Director, U.S. Fish and comments cannot be edited or removed
Wildlife Service, Acting Chair, Federal
be nonrural: Fairbanks North Star from Regulations.gov. For either manner
Subsistence Board.
Borough; Homer area—including of submission, EPA may publish any
Homer, Anchor Point, Kachemak City, Dated: February 18, 2016. comment received to its public docket.
and Fritz Creek; Juneau area—including Thomas Whitford, Do not submit electronically any
Juneau, West Juneau, and Douglas; Subsistence Program Leader, USDA-Forest information you consider to be
Kenai area—including Kenai, Soldotna, Service. Confidential Business Information (CBI)
jstallworth on DSK7TPTVN1PROD with RULES
Sterling, Nikiski, Salamatof, [FR Doc. 2016–05317 Filed 3–9–16; 8:45 am] or other information whose disclosure is
Kalifornsky, Kasilof, and Clam Gulch; BILLING CODE 4333–15–3410–11–P restricted by statute. Multimedia
Ketchikan area—including Ketchikan submissions (audio, video, etc.) must be
City, Clover Pass, North Tongass accompanied by a written comment.
Highway, Ketchikan East, Mountain The written comment is considered the
Point, Herring Cove, Saxman East, official comment and should include
Pennock Island, and parts of Gravina discussion of all points you wish to
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![12592 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations
make. EPA will generally not consider 16436 (March 27, 2008). The Cleveland- associated with ozone standard
comments or comment contents located Akron-Lorain, Columbus, and violations), calculating emission
outside of the primary submission (i.e. Cincinnati areas were designated as reduction targets needed to attain the
on the web, cloud, or other file sharing marginal nonattainment areas for the NAAQS and to achieve reasonable
system). For additional submission 2008 ozone NAAQS. See 77 FR 30088 further progress toward attainment of
methods, please contact the person (May 21, 2012). The Cleveland-Akron- the ozone standard (not required in the
identified in the FOR FURTHER Lorain nonattainment area includes areas considered here), determining
INFORMATION CONTACT section. For the Ashtabula, Cuyahoga, Geauga, Lake, emission inputs for ozone air quality
full EPA public comment policy, Lorain, Medina, Portage, and Summit modeling analyses, and tracking
information about CBI or multimedia Counties. The Columbus nonattainment emissions over time to determine
submissions, and general guidance on area includes Delaware, Fairfield, progress toward achieving air quality
making effective comments, please visit Franklin, Knox, Licking, and Madison and emission reduction goals. As stated
http://www2.epa.gov/dockets/ Counties. The Ohio portion of the above, the CAA requires the states to
commenting-epa-dockets. Cincinnati nonattainment area includes submit emission inventories for areas
FOR FURTHER INFORMATION CONTACT: Butler, Clermont, Clinton, Hamilton, designated as nonattainment for ozone.
Edward Doty, Attainment Planning and and Warren Counties. For the 2008 ozone NAAQS, EPA has
Maintenance Section, Air Programs CAA sections 172(c)(3) and 182(a)(1), recommended that states submit typical
Branch (AR–18J), Environmental 42 U.S.C. 7502(c)(3) and 7511a(a)(1), summer day emission estimates for 2011
Protection Agency, Region 5, 77 West require states to develop and submit, as (78 FR 34178, 34190, June 6, 2013).
Jackson Boulevard, Chicago, Illinois SIP revisions, emission inventories for However, EPA also allows states to
60604, (312) 886–6057, Doty.Edward@ all areas designated as nonattainment submit base year emissions for other
epa.gov. for any NAAQS, including the ozone years during a recent ozone standard
NAAQS. An emission inventory for violation period. States are required to
SUPPLEMENTARY INFORMATION: ozone is an estimation of actual
Throughout this document, whenever submit estimates of VOC and NOX
emissions of air pollutants that emissions for four general classes of
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean contribute to the formation of ozone in
EPA. This supplementary information anthropogenic sources: stationary point
an area. Ozone is a gas that is formed
section is arranged as follows: sources; area sources; on-road mobile
by the reaction of Volatile Organic
sources; and off-road mobile sources.
I. The 2008 Ozone NAAQS and Emission Compounds (VOC) and Oxides of
Inventory Requirements Nitrogen (NOX) in the atmosphere in the II. Ohio’s Emission Inventories
II. Ohio’s Emission Inventories presence of sunlight (VOC and NOX are
A. Base Year On July 18, 2014, Ohio submitted a
B. How did the State develop the emission
referred to as ozone precursors).
Therefore, an emission inventory for SIP revision addressing the VOC and
inventories?
C. Source Emission Statements ozone focuses on the emissions of VOC NOX emission inventory requirement for
III. EPA’s Evaluation and NOX. VOC is emitted by many types the Cleveland-Akron-Lorain and
A. Did the state adequately document the of pollution sources, including power Columbus ozone nonattainment areas
derivation of the emission estimates? plants, industrial sources, on-road and and for the Ohio portion of the
B. Did the State quality assure the emission off-road mobile sources, smaller Cincinnati ozone nonattainment area.
estimates? Tables 1, 2, and 3 summarize the 2008
stationary sources, collectively referred
C. Did the State provide for public review VOC and NOX emissions for these three
of the requested SIP revision? to as area sources, and biogenic
IV. Final Action sources.1 NOX is primarily emitted by areas for a typical summer day
V. Statutory and Executive Order Reviews combustion sources, both stationary and (reflective of the summer period, when
mobile. the highest ozone concentrations are
I. The 2008 Ozone NAAQS and Emission inventories provide expected in these nonattainment areas).
Emission Inventory Requirements emissions data for a variety of air The following acronyms are used in the
On March 12, 2008, EPA promulgated quality planning tasks, including emissions tables: Electric Generating
a revised 8-hour ozone NAAQS of 0.075 establishing baseline emission levels Units (EGU); and Commercial Marine–
parts per million (ppm). See 73 FR (anthropogenic [manmade] emissions Airplanes–Railroads (MAR).2
TABLE 1—CLEVELAND AREA 2008 EMISSION INVENTORY
[tons per day]
Source type VOC NOX
Non-EGU Point ........................................................................................................................................................ 19.97 16.31
EGU Point ................................................................................................................................................................ 0.20 65.47
Area ......................................................................................................................................................................... 96.81 12.71
On-Road Mobile ....................................................................................................................................................... 106.55 209.68
Off-Road Mobile ....................................................................................................................................................... 142.40 70.86
MAR ......................................................................................................................................................................... 1.24 25.65
Totals ................................................................................................................................................................ 367.17 400.69
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1 Biogenic emissions are produced by living in ozone modeling analyses, which must consider Ohio has relied on MAR emissions calculated and
organisms and are typically not included in the all emissions in a modeled area. supplied through contractors, as discussed
2 MAR sources are not covered by the off-road
base year emission inventories, but are considered elsewhere in this rulemaking.
mobile source emissions model used by the state.
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TABLE 2—COLUMBUS AREA 2008 EMISSION INVENTORY
[tons per day]
Source type VOC NOX
Non-EGU Point ........................................................................................................................................................ 2.73 7.56
EGU Point ................................................................................................................................................................ 0.00 0.00
Area ......................................................................................................................................................................... 57.78 6.02
On-Road Mobile ....................................................................................................................................................... 123.41 231.72
Off-Road Mobile ....................................................................................................................................................... 38.06 40.72
MAR ......................................................................................................................................................................... 0.37 6.79
Totals ................................................................................................................................................................ 222.35 292.81
TABLE 3—CINCINNATI AREA 3 2008 EMISSION INVENTORY
(tons per day)
Source Type VOC NOX
Non-EGU Point ........................................................................................................................................................ 5.76 24.33
EGU Point ................................................................................................................................................................ 0.81 99.35
Area ......................................................................................................................................................................... 54.25 7.17
On-Road Mobile ....................................................................................................................................................... 57.79 105.98
Off-Road Mobile ....................................................................................................................................................... 34.59 34.34
MAR ......................................................................................................................................................................... 0.42 9.29
Totals ................................................................................................................................................................ 153.62 280.46
A. Base Year emissions for all source units in a emissions data obtained from EPA were
OEPA chose 2008 as the base year for facility. The EIS data for all applicable allocated to county-specific emission
these emission inventories. Although facilities were used to calculate annual levels based on local-to-national ratios
EPA recommends the use of 2011 as the and summer day county-specific point of source activity levels.
base year, as noted above, EPA also source emissions. Because they are In appendix F of the July 18, 2014,
allows the consideration of other base determinative, only the summer day submittal, OEPA has documented area
years. OEPA chose 2008 because this is emissions are summarized here. source emissions by Source Category
EGU point source emissions were Code (SCC) and county. In the July 18,
one of the three years, 2008 through
obtained from EPA’s Clean Air Markets 2014, submittal, OEPA has provided a
2010, of ozone data indicating violation
Division (CAMD). CAMD collects and detailed discussion of how the
of the ozone standard that were used to
processes EGU emissions nationally. emissions were derived for each source
designate the three areas as
For all point sources, OEPA has category.
nonattainment for the 2008 ozone
provided a detailed list of major point On-road mobile source emissions
standard.
source facilities and their associated were estimated using EPA’s Motor
B. How did the State develop the annual and summer day VOC and NOX Vehicle Emission Simulator 2010b
emission inventories? emissions within appendices C and D of (MOVES2010b) model and Vehicle
OEPA estimated VOC and NOX their July 18, 2014, submittal. Miles Travelled (VMT) data supplied by
For the area source emissions, OEPA the Cleveland, Columbus, and
emissions for each county in the
relied on source type-specific emissions Cincinnati metropolitan planning
Cleveland-Akron-Lorain and Columbus
and emission factors provided by the organizations (MPOs). The
ozone nonattainment areas and for the
Eastern Regional Technical Advisory MOVES2010b model was run using
Ohio portion of the Cincinnati ozone
Committee (ERTAC). Ohio and other area-specific input data, where
nonattainment area. Emissions for the
states formed ERTAC to provide available, and national average default
counties were totaled by source category
technical assistance in the analysis of data where area-specific data were not
for each ozone nonattainment area. To
air pollution. ERTAC defined the available. The MPOs’ VMT data were
develop the VOC and NOX emission
emission inventory source categories derived for a typical summer day.
inventories, OEPA used the procedures
and derived the emission factors for Appendix G of the July 18, 2014,
summarized below.
The primary source of emissions data each source category. ERTAC also submittal thoroughly documents the
for non-EGU point sources was source- derived the county-specific source calculation and spatial allocation of the
reported 2008 Emission Inventory activity levels for 2008 and provided on-road mobile source emissions.
Statements (EISs). Under the authority these data to participating states.4 For Off-road mobile source emissions
of Ohio Administrative Code (OAC) some source categories, OEPA were estimated using EPA’s National
3756–15–03, OEPA requires regulated developed alternate methodologies, Mobile Inventory Model (NMIM). The
jstallworth on DSK7TPTVN1PROD with RULES
stationary sources in the ozone and/or subtracted point source emission estimates were processed
nonattainment areas to submit EISs emissions to avoid double-counting of through the Consolidated Community
annually. An EIS contains detailed emissions. In addition, some national Emissions Processing Tool (CONCEPT)
source type-specific or source unit- 4 The county-specific area source emissions by
to spatially allocate the emissions to the
specific annual and seasonal actual source category were determined by multiplying the
county levels.
source category emission factor by the county- Because NMIM does not address MAR
3 Ohio portion only. specific activity level. emissions, MAR emissions were
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![Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 12595
application of those requirements would List of Subjects in 40 CFR Part 52 Albuquerque/Bernalillo County. These
be inconsistent with the CAA; and Environmental protection, Air revisions establish Small Business
• Does not provide EPA with the pollution control, Carbon monoxide, Stationary Source Technical and
discretionary authority to address, as Incorporation by reference, Environmental Compliance Assistance
appropriate, disproportionate human Intergovernmental relations, Nitrogen Programs. The EPA is approving these
health or environmental effects, using dioxide, Ozone, Reporting and revisions pursuant to section 110 and
practicable and legally permissible recordkeeping requirements, Volatile section 507(a) of the Clean Air Act
methods, under Executive Order 12898 organic compounds. (CAA).
(59 FR 7629, February 16, 1994). Dated: February 22, 2016. DATES: This rule is effective on May 9,
In addition, the SIP is not approved Robert A. Kaplan, 2016 without further notice unless EPA
to apply on any Indian reservation land Acting Regional Administrator, Region 5. receives relevant adverse comments by
or in any other area where EPA or an April 11, 2016. If EPA receives such
40 CFR part 52 is amended as follows: comments, EPA will publish a timely
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of PART 52—APPROVAL AND withdrawal in the Federal Register
Indian country, the rule does not have PROMULGATION OF informing the public that the rule will
IMPLEMENTATION PLANS not take effect.
tribal implications and will not impose
substantial direct costs on tribal ADDRESSES: Submit your comments,
governments or preempt tribal law as ■ 1. The authority citation for part 52 identified by Docket No. EPA–R06–
specified by Executive Order 13175 (65 continues to read as follows: OAR–2014–0642, at http://
FR 67249, November 9, 2000). Authority: 42 U.S.C. 7401 et seq. www.regulations.gov or via email to
walser.john@epa.gov. Follow the online
The Congressional Review Act, 5 ■ 2. Section 52.1885 is amended by
instructions for submitting comments.
U.S.C. 801 et seq., as added by the Small adding paragraph (mm) to read as
Once submitted, comments cannot be
Business Regulatory Enforcement follows:
edited or removed from Regulations.gov.
Fairness Act of 1996, generally provides § 52.1885 Control Strategy: Ozone. The EPA may publish any comment
that before a rule may take effect, the received to its public docket. Do not
* * * * *
agency promulgating the rule must (mm) On July 18, 2014, Ohio submit electronically any information
submit a rule report, which includes a submitted 2008 volatile organic you consider to be Confidential
copy of the rule, to each House of the compounds and oxides of nitrogen Business Information (CBI) or other
Congress and to the Comptroller General emission inventories for the Cleveland- information whose disclosure is
of the United States. EPA will submit a Akron-Lorain and Columbus ozone restricted by statute. Multimedia
report containing this action and other nonattainment areas and for the Ohio submissions (audio, video, etc.) must be
required information to the U.S. Senate, portion of the Cincinnati, Ohio- accompanied by a written comment.
the U.S. House of Representatives, and Kentucky-Indiana ozone nonattainment The written comment is considered the
the Comptroller General of the United areas as revisions to the Ohio state official comment and should include
States prior to publication of the rule in implementation plan. The documented discussion of all points you wish to
the Federal Register. A major rule emission inventories are approved as a make. The EPA will generally not
cannot take effect until 60 days after it revision of the state’s implementation consider comments or comment
is published in the Federal Register. plan, meeting emission inventory contents located outside of the primary
This action is not a ‘‘major rule’’ as requirements for the 2008 ozone submission (i.e. on the web, cloud, or
defined by 5 U.S.C. 804(2). national ambient air quality standard. other file sharing system). For
Under section 307(b)(1) of the CAA, [FR Doc. 2016–05273 Filed 3–9–16; 8:45 am]
additional submission methods, please
petitions for judicial review of this contact John Walser, 214–665–7128,
BILLING CODE 6560–50–P
action must be filed in the United States walser.john@epa.gov. For the full EPA
Court of Appeals for the appropriate public comment policy, information
circuit by May 9, 2016. Filing a petition ENVIRONMENTAL PROTECTION about CBI or multimedia submissions,
for reconsideration by the Administrator AGENCY and general guidance on making
of this final rule does not affect the effective comments, please visit http://
finality of this action for the purposes of 40 CFR Part 52 www2.epa.gov/dockets/commenting-
judicial review nor does it extend the epa-dockets.
[EPA–R06–OAR–2014–0642; FRL–9943–43–
time within which a petition for judicial Region 6] Docket: All documents in the docket
review may be filed, and shall not are listed in the www.regulations.gov
postpone the effectiveness of such rule Approval and Promulgation of Air index and in hard copy at EPA Region
or action. Parties with objections to this Quality Implementation Plans; New 6, 1445 Ross Avenue, Suite 700, Dallas,
direct final rule are encouraged to file a Mexico; and Albuquerque/Bernalillo Texas. While all documents in the
comment in response to the parallel County; Revisions To Establish Small docket are listed in the index, some
notice of proposed rulemaking for this Business Stationary Source Technical information may be publicly available
action published in the proposed rules and Environmental Compliance only at the hard copy location (e.g.,
section of today’s Federal Register, Assistance Programs copyrighted material), and some may
rather than file an immediate petition not be publicly available at either
AGENCY: Environmental Protection location (e.g., CBI).
jstallworth on DSK7TPTVN1PROD with RULES
for judicial review of this direct final Agency (EPA).
rule, so that EPA can withdraw this FOR FURTHER INFORMATION CONTACT: Mr.
ACTION: Direct final rule.
direct final rule and address the John Walser (6PD–L), (214) 665–7128,
comment in the proposed rulemaking. SUMMARY: The Environmental Protection walser.john@epa.gov.
This action may not be challenged later Agency (EPA) is approving revisions to SUPPLEMENTARY INFORMATION:
in proceedings to enforce its the New Mexico State Implementation Throughout this document, ‘‘we,’’ ‘‘us,’’
requirements. (See section 307(b)(2).) Plan (SIP) for both the State and and ‘‘our’’ means EPA.
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Document Created: 2018-02-02 15:11:55
Document Modified: 2018-02-02 15:11:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective May 9, 2016, unless EPA receives adverse comments by April 11, 2016. If adverse comments are received by EPA, 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. | |
| Contact | Edward Doty, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6057, [email protected] | |
| FR Citation | 81 FR 12591 |
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