```

[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16785-16790]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06210]

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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.

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SUMMARY: EPA is approving the request by Ohio to revise the Cleveland-
Akron-Lorain 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 MOVES2010a-Based Budgets
    c. Applicability of MOBILE6.2-Based Budgets
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

[[Page 16786]]

I. What is EPA approving?

    EPA is approving new MOVES2010a-based budgets for the Cleveland-
Akron-Lorain 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 MOVES2010a-
based 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 on-road 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.
---------------------------------------------------------------------------

    \1\ Upon the release of MOVES2010, EPA established a two-year 
grace period before MOVES is required to be used for regional 
conformity analyses (75 FR 9411, 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.
---------------------------------------------------------------------------

    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 Cleveland-
Akron-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

[[Page 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 Cleveland-
Akron-Lorain and the Columbus, Ohio areas are shown in Tables 5 and 6. 
These budgets will continue to keep emissions in the Cleveland-Akron-
Lorain 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

[[Page 16788]]

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 non-mobile 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 MOVES2010a-based budgets for the Cleveland-
Akron-Lorain 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 MOVES2010a-Based Budgets

    EPA is approving the MOVES2010a-based budgets submitted by Ohio for 
use in determining transportation conformity in the Cleveland-Akron-
Lorain 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 (Sec.  
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 (Sec.  
93.118(e)(4)(ii));
     The budgets are clearly identified and precisely 
quantified (Sec.  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 (Sec.  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 (Sec.  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) (Sec.  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, non-road) 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.

[[Page 16789]]

    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 Cleveland-Akron-
Lorain and Columbus, Ohio 1997 ozone maintenance area.\2\
---------------------------------------------------------------------------

    \2\ For more information, see EPA's ``Policy Guidance on the Use 
of MOVES2010 and Subsequent Minor Revisions for State Implementation 
Plan Development, Transportation Conformity, and Other Purposes'' 
(April 2012).
---------------------------------------------------------------------------

V. What action is EPA taking?

    EPA is approving the 2012 and 2020 submitted budgets for the 
Cleveland-Akron-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

[[Page 16790]]

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]

0
1. The authority citation for part 52 continues to read as follows:

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

0
2. Section 52.1885 is amended by adding paragraph (ff)(13) to read as 
follows:

Sec.  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
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