Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations 16785 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS—Continued 

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval 

date Explanation 

41. Negative Declaration for Control of 

VOC Emissions from Air Oxidation Processes in Synthetic Organic Chemical 

Manufacturing Industry (SOCMI), EPA– 

450/3–84–015, December 1984.

Atlanta 1997 8-Hour Ozone Nonattainment 

Area.

10/21/2009 09/28/2013 

[FR Doc. 2013–06076 Filed 3–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0884; EPA–R05– 

OAR–2012–0970; FRL–9790–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Cleveland-Akron-Lorain and Columbus 

1997 8-Hour Ozone Maintenance Plan 

Revisions to Approved Motor Vehicle 

Emissions Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the request 

by Ohio to revise the Cleveland-AkronLorain and the Columbus, Ohio 1997 8- 

hour ozone maintenance air quality 

State Implementation Plans (SIPs) under 

the Clean Air Act (CAA) to replace the 

previously approved motor vehicle 

emissions budgets (budgets) with 

budgets developed using EPA’s Motor 

Vehicle Emissions Simulator (MOVES) 

emissions model. Ohio submitted the 

SIP revision requests to EPA on October 

30, 2012, and December 12, 2012, 

respectively. 

DATES: This direct final rule will be 

effective May 20, 2013, unless EPA 

receives adverse comments by April 18, 

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–2012–0884 and EPA–R05–OAR– 

2012–0970, by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

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–2012– 

0884 and EPA–R05–OAR–2012–0970. 

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 Scientist, at (312) 353– 

8777 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Scientist, 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 and 

Regional Transportation Conformity 

Grace Period 

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 


tkelley on DSK3SPTVN1PROD with RULES
16786 Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations 

1Upon the release of MOVES2010, EPA 

established a two-year grace period before MOVES 

is required to be used for regional conformity 

analyses (75 FR 9411, March 2, 2010). EPA 

subsequently promulgated a final rule on February 

27, 2012 to provide an additional year before 

MOVES is required for these analyses (77 FR 

11394). In this case the grace period ends on March 

2, 2013. 

I. What is EPA approving? 

EPA is approving new MOVES2010abased budgets for the Cleveland-AkronLorain and the Columbus, Ohio, 1997 8- 

hour ozone maintenance areas. The 

Cleveland-Akron-Lorain and the 

Columbus, Ohio areas were 

redesignated to attainment of the 1997 

8-hour ozone standard effective 

September 15, 2009, (74 FR 47414 and 

74 FR 47404), and MOBILE6.2-based 

budgets were approved in those actions. 

The newly submitted MOVES2010abased budgets will replace the existing 

MOBILE6.2-based budgets in the Ohio 

1997 8-hour ozone maintenance plans 

and must then be used in future 

transportation conformity analyses for 

the area. At that time, the previously 

approved MOBILE6.2-based budgets 

would no longer be applicable for 

transportation conformity purposes. 

The Cleveland-Akron-Lorain and the 

Columbus, Ohio 1997 8-hour ozone 

maintenance areas must use the 

MOVES2010a-based budgets starting on 

the effective date of this action. 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, at various times, control strategy 

SIP revisions and maintenance plans for 

nonattainment and maintenance areas 

for a given National Ambient Air 

Quality Standard (NAAQS). These 

emission control strategy SIP revisions 

(e.g., reasonable further progress (RFP) 

and attainment demonstration SIP 

revisions) and maintenance plans 

include budgets of on-road mobile 

source emissions for criteria pollutants 

and/or their precursors to address 

pollution from cars, trucks and other onroad vehicles. These mobile source SIP 

budgets are the portions of the total 

emissions that are allocated to on-road 

vehicle use that, together with 

emissions from other sources in the 

area, will provide for attainment or 

maintenance if they are not exceeded. 

The budget serves as a ceiling on 

emissions from an area’s planned 

transportation system. For more 

information about budgets, see the 

preamble to the November 24, 1993, 

transportation conformity rule (58 FR 

62188). 

Under section 176(c) of the CAA, 

transportation plans, Transportation 

Improvement Programs (TIPs), and 

transportation projects must ‘‘conform’’ 

to (i.e., be consistent with) the SIP 

before they can be adopted or approved. 

Conformity to the SIP means that 

transportation activities will not cause 

new air quality violations, worsen 

existing air quality violations, or delay 

timely attainment of the NAAQS or 

delay an interim milestone. The 

transportation conformity regulations 

can be found at 40 CFR part 51, subpart 

T, and part 93. 

In general, before budgets can be used 

in conformity determinations, EPA must 

affirmatively find the budgets adequate. 

However, budgets that are replacing 

approved budgets must be found 

adequate and approved before budgets 

can replace older budgets. If the 

submitted SIP budgets are meant to 

replace budgets for the same purpose, as 

is the case with Ohio’s MOVES2010a 

1997 8-hour ozone maintenance plan 

budgets, EPA must approve the revised 

SIP and budgets, and must affirm that 

they are adequate at the same time. 

Once EPA approves revised budgets into 

the SIP, they must be used by state and 

Federal agencies in determining 

whether transportation activities 

conform to the SIP as required by 

section 176(c) of the CAA. EPA’s 

substantive criteria for determining the 

adequacy of budgets are set out in 40 

CFR 93.118(e)(4). 

b. Prior Approval of Budgets 

EPA had previously approved budgets 

for the Cleveland-Akron-Lorain and the 

Columbus, Ohio, 8-hour ozone 

maintenance areas for volatile organic 

compounds (VOCs) and nitrogen oxides 

(NOX) for the year 2012 and 2020 on 

September 15, 2009, (74 FR 47414 and 

74 FR 47404). These budgets were based 

on EPA’s MOBILE6.2 emissions model. 

The ozone maintenance plans 

established 2012 and 2020 budgets for 

the Cleveland-Akron-Lorain and the 

Columbus, Ohio areas. The 2012 

approved budgets for VOCs NOX and 

the 2020 budgets for VOCs and NOX

were approved in the September 15, 

2009, rulemakings. These budgets 

demonstrated a reduction in emissions 

from the monitored attainment year and 

included a margin of safety. 

c. The MOVES Emissions Model and 

Regional Transportation Conformity 

Grace Period 

The MOVES model is EPA’s state of 

the art tool for estimating highway 

emissions. The model is based on 

analyses of millions of emission test 

results and considerable advances in the 

agency’s understanding of vehicle 

emissions. MOVES incorporates the 

latest emissions data, more 

sophisticated calculation algorithms, 

increased user flexibility, new software 

design, and significant new capabilities 

relative to those reflected in 

MOBILE6.2. 

EPA announced the release of 

MOVES2010 in March 2010 (75 FR 

9411). EPA subsequently released two 

minor model revisions: MOVES2010a in 

September 2010 and MOVES2010b in 

April 2012. Both of these minor 

revisions enhance model performance 

and do not significantly affect the 

criteria pollutant emissions results from 

MOVES2010. MOVES will be required 

for new regional emissions analyses for 

transportation conformity 

determinations (‘‘regional conformity 

analyses’’) outside of California that 

begin after March 2, 2013, or when EPA 

approves MOVES-based budgets, 

whichever comes first.1 The MOVES 

grace period for regional conformity 

analyses applies to both the use of 

MOVES2010 and approved minor 

revisions (e.g., MOVES2010a and 

MOVES2010b). For more information, 

see EPA’s ‘‘Policy Guidance on the Use 

of MOVES2010 and Subsequent Minor 

Model Revisions for State 

Implementation Plan Development, 

Transportation Conformity, and Other 

Purposes’’ (April 2012), available online 

at: www.epa.gov/otaq/stateresources/ 

transconf/policy.htm#models. 

EPA has encouraged areas to examine 

how MOVES would affect future 

transportation plan and TIP conformity 

determinations so, if necessary, SIPs 

and budgets could be revised with 

MOVES or transportation plans and 

TIPs could be revised (as appropriate) 

prior to the end of the regional 

transportation conformity grace period. 

EPA has also encouraged state and local 

air agencies to consider how the release 

of MOVES would affect analyses 

supporting SIP submissions under 

development (77 FR 9411, March 2, 

2010, and 77 FR 11394, February 27, 

2012). 

The Metropolitan Planning 

Organizations (MPOs) for the ClevelandAkron-Lorain and the Columbus, Ohio 

areas have used MOVES2010a emission 

rates with the transportation network 

information to estimate emissions in the 

years of the transportation plan and also 

for the SIP. The budgets have been 

revised using the latest planning 

assumptions including population and 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations 16787 

employment updates. In addition, 

newer vehicle registration data has been 

used to update the age distribution of 

the vehicle fleet. Since MOVES2010 (or 

a minor model revision) will be required 

for conformity analyses after the grace 

period ends, the MPOs have concluded 

that updating the budgets with 

MOVES2010a will prepare the areas for 

the transition to using MOVES for 

conformity analyses and 

determinations. 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 October 30, 2012, and December 

12, 2012, Ohio submitted final budgets 

based on MOVES2010a that cover the 

Ohio areas of Cleveland-Akron-Lorain 

and Columbus, Ohio. Ohio received no 

comments during the public review and 

comment period. 

The MOVES2010a based budgets will 

replace the prior approved MOBILE6.2 

based budgets and are for the same years 

and pollutants/precursors. The new 

MOVES2010a based budgets are for the 

years 2012 and 2020 for both VOCs and 

NOX and are detailed in Tables 5 and 6 

of this notice. Ohio has also provided 

total emissions including mobile 

emissions based on MOVES2010a, for 

the attainment year of 2006, and the 

2020 maintenance year. The safety 

margin is defined as the reduction in 

emissions from the base year (in this 

case the 2006 attainment year) to the 

final year of the maintenance plan (in 

this case the 2020 year). The total 

emissions include point, area, non-road 

mobile and on-road mobile sources. The 

available safety margin for each area is 

shown in Tables 1 and 2. 

TABLE 1—TABLE OF TOTAL EMISSIONS WITH MOVES2010a MOBILE EMISSIONS—CLEVELAND-AKRON-LORAIN

[Tons per summer day] 

Year 2006 2020 Safety margin 

VOC ............................................................................................................................................. 121.59 37.54 84.05 

NOX .............................................................................................................................................. 274.22 94.23 179.99 

TABLE 2—TABLE OF TOTAL EMISSIONS WITH MOVES2010a MOBILE EMISSIONS—COLUMBUS

[Tons per summer day] 

Year 2006 2020 Safety margin 

VOC ............................................................................................................................................. 260.58 128.59 131.99 

NOX .............................................................................................................................................. 330.99 127.29 203.70 

The MPOs have added only a small 

portion of the overall safety margin 

available for NOX and VOCs to the 

budgets for 2012 and 2020. The 

submittal demonstrates how all 

emissions decline from the attainment 

year of 2006. In 2006, the total estimated 

NOX emissions from all sources in the 

Cleveland-Akron-Lorain area (including 

mobile, point, area and non-road 

sources) is 274.22 tons per day (tpd) and 

the total VOC emissions, for the 2006 

attainment year, from all sources is 

121.59 tpd. The 2020 estimated 

emissions for total NOX from all sources 

is 94.23 tpd and the total VOC 

emissions from all sources is 37.54 tpd. 

This reduction in emissions 

demonstrates that the area will continue 

below the attainment level of emissions 

and maintain the 1997 8-hour ozone 

standard. The mobile source emissions, 

when included with point, area and 

non-road sources continue to 

demonstrate maintenance of the 

attainment level of emissions in the 

Ohio areas of Cleveland-Akron-Lorain 

and Columbus, Ohio. 

No additional control measures were 

needed to maintain the 1997 ozone 

standard in the Cleveland-Akron-Lorain 

and the Columbus, Ohio areas. An 

appropriate safety margin for NOX and 

VOCs was decided by the interagency 

consultation group (the interagency 

consultation group as required by the 

state conformity agreement consists of 

representatives from the Federal 

Highway Administration, the Ohio 

Environmental Protection Agency 

(OEPA), Ohio Department of 

Transportation, and EPA). The 

submitted budgets for the ClevelandAkron-Lorain and the Columbus, Ohio 

areas are shown in Tables 5 and 6. 

These budgets will continue to keep 

emissions in the Cleveland-AkronLorain and the Columbus, Ohio areas 

below the calculated attainment year of 

emissions. 

III. What are the criteria for approval? 

EPA requires that revisions to existing 

SIPs and budgets continue to meet 

applicable requirements (e.g., RFP, 

attainment, or maintenance). States that 

revise their existing SIPs to include 

MOVES budgets must therefore show 

that the SIP continues to meet 

applicable requirements with the new 

level of motor vehicle emissions 

contained in the budgets. The SIP must 

also meet any applicable SIP 

requirements under CAA section 110. 

In addition, the transportation 

conformity rule (at 40 CFR 

93.118(e)(4)(iv)) requires that ‘‘the 

budgets, when considered together with 

all other emissions sources, is consistent 

with applicable requirements for RFP, 

attainment, or maintenance (whichever 

is relevant to the given implementation 

plan submission).’’ This and the other 

adequacy criteria found at 40 CFR 

93.118(e)(4) must be satisfied before 

EPA can find submitted budgets 

adequate and approve them for 

conformity purposes. 

In addition, areas can revise their 

budgets and inventories using MOVES 

without revising their entire SIP if (1) 

the SIP continues to meet applicable 

requirements when the previous motor 

vehicle emissions inventories are 

replaced with MOVES base year and 

milestone, attainment, or maintenance 

year inventories, and (2) the state can 

document that growth and control 

strategy assumptions for non-motor 

vehicle sources continue to be valid and 

any minor updates do not change the 

overall conclusions of the SIP. For 

example, the first criterion could be 

satisfied by demonstrating that the 

emissions reductions between the 

baseline/attainment year and 

maintenance year are the same or 

greater using MOVES than they were 

previously. The submittal meets this 

requirement as described below in 

section V. 

For more information, see EPA’s latest 

‘‘Policy Guidance on the Use of 

MOVES2010 for SIP Development, 

Transportation Conformity, and Other 


tkelley on DSK3SPTVN1PROD with RULES
16788 Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations 

Purposes’’ (April 2012), available online 

at: www.epa.gov/otaq/stateresources/ 

transconf/policy.htm#models. 

IV. What is EPA’s analysis of the State’s 

submittal? 

a. The Revised Inventories 

The Ohio SIP revision requests for the 

Cleveland-Akron-Lorain and the 

Columbus, Ohio 1997 ozone 

maintenance plans seek to revise only 

the on-road mobile source inventories 

and not the non-road inventories, area 

source inventories or point source 

inventories for the 2012 and 2020 years 

for which the SIP revises the budgets. 

OEPA has certified that the control 

strategies remain the same as in the 

original SIP, and that no other control 

strategies are necessary. This is 

confirmed by the monitoring data for 

the Cleveland-Akron-Lorain and the 

Columbus, Ohio areas, which continue 

to monitor attainment for the 1997 8- 

hour ozone standard. Thus, the current 

control strategies are continuing to keep 

the area in attainment of the NAAQS. 

EPA has reviewed the emission 

estimates for point, area and non-road 

sources and concluded that no major 

changes to the projections need to be 

made. Ohio finds that growth and 

control strategy assumptions for nonmobile sources (i.e., area, non-road, and 

point) have not changed significantly 

from the original submittal for the years 

2006, 2012, and 2020. As a result, the 

growth and control strategy assumptions 

for the non-mobile sources for the years 

2006, 2012, and 2020 continue to be 

valid and do not affect the overall 

conclusions of the plan. 

Ohio’s submissions confirm that the 

SIP continues to demonstrate its 

purpose of maintaining the 1997 ozone 

standard because the emissions are 

continuing to decrease from the 

attainment year to the final year of the 

maintenance plan. 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 

Cleveland-Akron-Lorain and the 

Columbus, Ohio areas are continuing to 

decline and remain below the 

attainment levels. 

Ohio has submitted MOVES2010abased budgets for the Cleveland-AkronLorain and the Columbus, Ohio areas 

that are clearly identified in the 

submittals. The budgets are displayed in 

Tables 5 and 6. 

b. Approvability of the MOVES2010aBased Budgets 

EPA is approving the MOVES2010abased budgets submitted by Ohio for use 

in determining transportation 

conformity in the Cleveland-AkronLorain and the Columbus, Ohio 1997 

ozone maintenance areas. EPA is 

making this approval based on our 

evaluation of these budgets using the 

adequacy criteria found in 40 CFR 

93.118(e)(4) and our in-depth evaluation 

of the State’s submittals and SIP 

requirements. EPA has determined, 

based on its evaluation, that the area’s 

maintenance plans would continue to 

serve its intended purpose with the 

submitted MOVES2010a-based budgets 

and that the budgets themselves meet 

the adequacy criteria in the conformity 

rule at 40 CFR 93.118(e)(4). 

The adequacy criteria found in 40 

CFR 93.118(e)(4) are as follows: 

• The submitted SIP was endorsed by 

[the Governor/Governor’s designee] and 

was subject to a state public hearing 

(§ 93.118(e)(4)(i)); 

• Before the control strategy 

implementation plan was submitted to 

EPA, consultation among Federal, state, 

and local agencies occurred, and the 

state fully documented the submittal 

(§ 93.118(e)(4)(ii)); 

• The budgets are clearly identified 

and precisely quantified 

(§ 93.118(e)(4)(iii)); 

• The budgets, when considered 

together with all other emissions 

sources, are consistent with applicable 

requirements for RFP, attainment, or 

maintenance (§ 93.118(e)(4)(iv)); 

• The budgets are consistent with and 

clearly related to the emissions 

inventory and control measures in the 

control strategy implementation plan 

(§ 93.118(e)(4)(v)); and 

• The revisions explain and 

document changes to the previous 

budgets, impacts on point and area 

source emissions and changes to 

established safety margins and reasons 

for the changes (including the basis for 

any changes related to emission factors 

or vehicle miles traveled) 

(§ 93.118(e)(4)(vi)). 

We find that Ohio has met all of the 

adequacy criteria. Public hearing 

materials were submitted with the 

formal SIP revision request. The 

interagency consultation group, which 

is composed of the state air agencies, 

state departments of transportation, 

Federal Highway Administration, EPA 

and the MPO for the area, has discussed 

and reviewed the budgets developed 

with MOVES2010a and the safety 

margin allocation. The budgets are 

clearly identified and precisely 

quantified in the submittals. The 

budgets when considered with other 

emissions sources (point, area, nonroad) 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 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 MPO to provide 

accurate, timely information and inputs 

to the MOVES2010a model runs. The 

MPO network models provided the 

vehicle miles of travel and other 

necessary data from the travel demand 

network models. 

The CAA requires that revisions to 

existing SIPs and budgets continue to 

meet applicable requirements (in this 

case, maintenance). Therefore, states 

that revise existing SIPs with MOVES 

must show that the SIP continues to 

meet applicable requirements with the 

new level of motor vehicle emissions 

calculated by the new model. 

To that end, Ohio’s submitted 

MOVES2010a based budgets meet EPA’s 

two criteria for revising budgets without 

revising the entire SIP: 

(1) The SIP continues to meet 

applicable requirements when the 

previous motor vehicle emissions 

inventories are replaced with 

MOVES2010a 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. 

Ohio has documented that growth and 

control strategy assumptions continue to 

be valid and do not change the overall 

conclusions of the maintenance plan. 

The emission estimates for point, area 

and non-road sources have not changed. 

Ohio finds that growth and control 

strategy assumptions for non-mobile 

sources (i.e. area, non-road, and point) 

from the original submittal for the years 

2006, 2012, 2020 were developed before 

the down-turn in the economy over the 

last several years. Because of this, the 

factors included in the original 

submittal may project more growth than 

actual into the future. As a result, the 

growth and control strategy assumptions 

for the non-mobile sources for the years 

2006, 2012, and 2020 continue to be 

valid and do not affect the overall 

conclusions of the plan. 


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Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations 16789 

2For more information, see EPA’s ‘‘Policy 

Guidance on the Use of MOVES2010 and 

Subsequent Minor Revisions for State 

Implementation Plan Development, Transportation 

Conformity, and Other Purposes’’ (April 2012). 

Ohio’s submissions confirm that the 

SIP continues to demonstrate its 

purpose of maintaining the 1997 ozone 

standard because the emissions are 

continuing to decrease from the 

attainment year to the final year of the 

maintenance plan. The total emissions 

under the revised SIP (which includes 

MOVES2010a emissions for mobile 

sources) decrease from the 2006 

attainment year to the year 2020 (the 

last year of the maintenance plan). 

These totals demonstrate that emissions 

in the Cleveland-Akron-Lorain and the 

Columbus, Ohio areas are continuing to 

decline and remain below the 

attainment levels. Tables 3 and 4 

display total emissions in both the 

Cleveland-Akron-Lorain and the 

Columbus, Ohio areas including point, 

area, non-road, and mobile sources and 

demonstrates the declining emissions 

from the 2006 attainment year. 

TABLE 3—TABLE OF TOTAL EMISSIONS

WITH MOVES2010a MOBILE EMISSIONS—CLEVELAND-AKRON-LORAIN

[Tons per summer day] 

Year 2006 2020 

VOC .......... 121.59 37.54 

NOX .......... 274.22 94.23 

TABLE 4—TABLE OF TOTAL EMISSIONS

WITH MOVES2010a MOBILE EMISSIONS—COLUMBUS

[Tons per summer day] 

Year 2006 2020 

VOC .......... 260.58 128.59 

NOX .......... 330.99 127.29 

Tables 5 and 6 below display the 

submitted budgets that are being 

approved. The budgets include an 

appropriate margin of safety while still 

maintaining total emissions below the 

attainment level. 

TABLE 5—TABLE OF MOTOR VEHICLE

EMISSION BUDGETS (MOVES) FOR

THE CLEVELAND-AKRON-LORAIN

1997 OZONE AREA

[Tons per summer day] 

Year 2012 2020 

VOC .......... 81.54 43.17 

NOX .......... 189.27 108.36 

TABLE 6—TABLE OF MOTOR VEHICLE

EMISSION BUDGETS (MOVES) FOR

THE COLUMBUS 1997 OZONE AREA

[Tons per summer day] 

Year 2012 2020 

VOC .......... 93.99 50.34 

NOX .......... 188.85 99.12 

Based on our review of the SIPs and 

the new budgets provided, EPA has 

determined that the SIPs 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 

Pursuant to the State’s requests, EPA’s 

approval of the revised budgets means 

that the existing MOBILE6.2-based 

budgets will no longer be applicable for 

transportation conformity purposes 

upon the effective date of this approval. 

In addition, upon this EPA approval 

of the MOVES2010a-based budgets, the 

regional transportation conformity grace 

period for using MOBILE6 instead of 

MOVES2010 (and subsequent minor 

revisions) for the pollutants included in 

these budgets ends for the ClevelandAkron-Lorain and Columbus, Ohio 1997 

ozone maintenance area.2

V. What action is EPA taking? 

EPA is approving the 2012 and 2020 

submitted budgets for the ClevelandAkron-Lorain and Columbus, Ohio 1997 

ozone maintenance plans. 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 20, 2013 without further 

notice unless we receive relevant 

adverse written comments by April 18, 

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 

May 20, 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 


tkelley on DSK3SPTVN1PROD with RULES
16790 Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations 

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. 

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 20, 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: March 4, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.1885 is amended by 

adding paragraph (ff)(13) to read as 

follows: 

§ 52.1885 Control strategy: Ozone. 

* * * * * 

(ff) * * * 

(13) Approval—On October 30, 2012, 

and December 12, 2012, Ohio submitted 

a request to revise the approved 

MOBILE6.2 motor vehicle emission 

budgets (budgets) in the 1997 8-hour 

ozone maintenance plans for the 

Cleveland-Akron-Lorain and Columbus, 

Ohio areas. The budgets are being 

revised with budgets developed with 

the MOVES2010a model. The 2012 

motor vehicle emissions budgets for the 

Cleveland-Akron-Lorain, Ohio area are 

81.54 tpd VOC and 189.27 tpd NOX. The 

2020 motor vehicle emissions budgets 

for the Cleveland-Akron-Lorain, Ohio 

area are 43.17 tpd VOC and 108.36 tpd 

NOX. The 2012 motor vehicle emissions 

budgets for the Columbus, Ohio area are 

93.99 tpd VOC and 188.85 tpd NOX. The 

2020 motor vehicle emissions budgets 

for the Columbus, Ohio area are 50.34 

tpd VOC and 99.12 tpd NOX. 

* * * * * 

[FR Doc. 2013–06210 Filed 3–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0640, FRL–9791–2] 

Approval and Promulgation of State 

Implementation Plans: Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is taking final action 

to approve revisions to Idaho’s State 

Implementation Plan (SIP) submitted by 

the Director of the Idaho Department of 

Environmental Quality (IDEQ) on July 

13, 2011, for approval into the Idaho 

SIP. The submitted revisions relate to 

Idaho’s open burning and crop residue 

disposal requirements and establish a 

streamlined permitting process for spot 

burns, baled agricultural residue burns, 

and propane flaming. The submitted 

revisions also make minor changes to 

the existing crop residue disposal rules 

to update cross references and clarify 

certain administrative information. On 

January 11, 2013, EPA proposed to 

approve these revisions into Idaho’s SIP. 

The EPA is taking final action to 

approve this submittal because it 

satisfies the requirements of the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

April 18, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2011–0640. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information 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 http:// 

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste, 

and Toxics, AWT–107, 1200 Sixth 

Avenue, Seattle, Washington 98101. The 

EPA requests that you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen at (206) 553–6706, 

deneen.donna@epa.gov, or the above 

EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

On July 13, 2013, the Director of the 

Idaho Department of Environmental 

Quality submitted revisions to the Idaho 

SIP that relate to Idaho’s open burning 

and crop residue disposal requirements 

and establish a streamlined permitting 

process for spot burns, baled 

agricultural residue burns, and propane 

flaming. The submitted revisions also 

make minor changes to the existing crop 

residue disposal rules to update cross 

references and clarify certain 


tkelley on DSK3SPTVN1PROD with RULES