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Federal Register / Vol. 72, No.

4 / Monday, January 8, 2007 / Proposed Rules 711

unfunded mandate or significantly or Executive Order 13211: Actions That ENVIRONMENTAL PROTECTION
uniquely affect small governments, as Significantly Affect Energy Supply, AGENCY
described in the Unfunded Mandates Distribution, or Use
Reform Act of 1995 (Pub. L. 104–4). 40 CFR Parts 52 and 81
Because it is not a ‘‘significant
Executive Order 13132: Federalism [EPA–R05–OAR–2006–0891; FRL–8266–4]
regulatory action’’ under Executive
Order 12866 or a ‘‘significant energy Redesignation of Jefferson County,
This action also does not have
action,’’ this action is also not subject to Ohio To Attainment of the 8-Hour
Federalism implications because it does
Executive Order 13211, ‘‘Actions Ozone Standard
not have substantial direct effects on the
Concerning Regulations That
states, on the relationship between the AGENCY: Environmental Protection
Significantly Affect Energy Supply,
national government and the states, or Agency (EPA).
Distribution, or Use’’ (66 FR 28355, May
on the distribution of power and ACTION: Proposed rule.
22, 2001).
responsibilities among the various
levels of government, as specified in National Technology Transfer SUMMARY: On July 31, 2006, and
Executive Order 13132 (64 FR 43255, Advancement Act supplemented on October 3, 2006, the
August 10, 1999). Redesignation is an Ohio Environmental Protection Agency
action that merely affects the status of Section 12(d) of the National (Ohio EPA) submitted: a request for EPA
a geographical area, does not impose Technology Transfer and Advancement approval of redesignation of Jefferson
Act of 1995 (NTTA), 15 U.S.C. 272, County to attainment of the 8-hour
any new requirements on sources, or
requires Federal agencies to use ozone National Ambient Air Quality
allows a state to avoid adopting or
technical standards that are developed Standard (NAAQS), and a request for
implementing other requirements, and EPA approval of a State Implementation
does not alter the relationship or the or adopted by voluntary consensus to
carry out policy objectives, so long as Plan (SIP) revision for the ozone
distribution of power and maintenance plan for Jefferson County.
responsibilities established in the Clean such standards are not inconsistent with
applicable law or otherwise Jefferson County is the Ohio portion of
Air Act. the Steubenville-Weirton, WV-OH 8-
impracticable. In reviewing program
Executive Order 13175: Consultation submissions, EPA’s role is to approve hour ozone nonattainment area. EPA is
and Coordination With Indian Tribal proposing to determine that this area
state choices, provided that they meet
Governments has attained the 8-hour ozone NAAQS,
the criteria of the Clean Air Act. Absent
based on three years of complete,
a prior existing requirement for the state quality-assured ambient air quality
Executive Order 13175 (65 FR 67249,
to use voluntary consensus standards, monitoring data. Preliminary, non-
November 9, 2000) requires EPA to
EPA has no authority to disapprove a quality assured data for the 2006 ozone
develop an accountable process to
program submission for failure to use season show that the area continues to
ensure ‘‘meaningful and timely input by
such standards, and it would thus be attain the NAAQS. EPA is also
tribal officials in the development of
inconsistent with applicable law for proposing approval of Ohio’s ozone
regulatory policies that have tribal
EPA to use voluntary consensus maintenance plan for Jefferson County
implications.’’ This proposed rule also
standards in place of a program as a revision to the Ohio SIP and the
does not have tribal implications, as
submission that otherwise satisfies the State’s request to redesignate Jefferson
specified in Executive Order 13175,
provisions of the Act. Redesignation is County to attainment of the 8-hour
because redesignation is an action that
an action that affects the status of a ozone NAAQs. Finally, EPA is
affects the status of a geographical area
geographical area but does not impose proposing to approve the Volatile
and does not impose any new regulatory
any new requirements on sources. Thus, Organic Compounds (VOC) and
requirements on tribes, impact any Nitrogen Oxides (NOX) Motor Vehicle
the requirements of section 12(d) of the
existing sources of air pollution on Emission Budgets (MVEBs) for Jefferson
National Technology Transfer and
tribal lands, nor impair the maintenance County, as supported by the ozone
Advancement Act of 1995 (15 U.S.C.
of ozone national ambient air quality maintenance plan for this County, for
272 note) do not apply.
standards in tribal lands. Thus, purposes of conformity determinations.
Executive Order 13175 does not apply List of Subjects in 40 CFR Part 52 DATES: Comments must be received on
to this rule. or before February 7, 2007. Submit your
Environmental protection, Air
Although Executive Order 13175 does pollution control, Intergovernmental comments, identified by Docket ID No.
not apply to this rule, EPA met with EPA–R05–OAR–2006–0891, by one of
relations, Nitrogen dioxide, Ozone,
interested tribes in Michigan to discuss the following methods:
Volatile organic compounds. • www.regulations.gov: Follow the
the redesignation process and the
impact of a change in designation status Dated: December 21, 2006. on-line instructions for submitting
of these areas on the tribes. Bharat Mathur, comments.
Acting Regional Administrator, Region 5. • E-mail: mooney.john@epa.gov.
Executive Order 13045: Protection of • Fax: (312) 886–5824.
[FR Doc. E6–22616 Filed 1–5–07; 8:45 am] • Mail: John M. Mooney, Chief,
Children From Environmental Health
and Safety Risks BILLING CODE 6560–50–P Criteria Pollutant Section, Air Programs
Branch, (AR–18J), U.S. Environmental
This proposed rule also is not subject Protection Agency, 77 West Jackson
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to Executive Order 13045 ‘‘Protection of Boulevard, Chicago, Illinois 60604.


Children from Environmental Health • Hand Delivery: John M. Mooney,
Risks and Safety Risks’’ (62 FR 19885, Chief, Criteria Pollutant Section, Air
April 23, 1997), because it is not Programs Branch, (AR–18J), U.S.
economically significant. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,

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712 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules

Illinois. Such deliveries are only at (312) 353–5899, before visiting the Fourth, as supported by and
accepted during the Regional Office’s Region 5 office. consistent with the ozone maintenance
normal hours of operation, and special FOR FURTHER INFORMATION CONTACT: plan, we are also proposing to approve
arrangements should be made for Jennifer Dunn, Environmental Engineer, the 2018 VOC and NOX MVEBs for
deliveries of boxed information. The Criteria Pollutant Section, Air Programs Jefferson County for conformity
Regional Office’s official hours of Branch, (AR–18J), Environmental determination purposes.
operation are Monday through Friday, Protection Agency, Region 5, 77 West These proposed actions pertain to the
8:30 a.m. to 4:30 p.m., excluding Jackson Boulevard, Chicago, Illinois designation of Jefferson County for the
Federal holidays. 60604, (312) 353–5899, 8-hour ozone NAAQS, and to the VOC
Instructions: Direct your comments to dunn.jennifer@epa.gov. and NOX emission controls in this
Docket ID No. EPA–R05–OAR–2006– County related to attainment and
SUPPLEMENTARY INFORMATION:
0891. EPA’s policy is that all comments maintenance of the 8-hour ozone
Throughout this document whenever
received will be included in the public NAAQS. If you own or operate a VOC
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
docket without change and may be or NOX emissions source in this County
the EPA. This supplementary
made available online at or live in this County, this proposed
information section is arranged as
www.regulations.gov, including any rule may impact or apply to you. It may
follows:
personal information provided, unless impact you if you are involved in
the comment includes information I. What Actions Are EPA Proposing To Take? transportation planning or
claimed to be Confidential Business II. What Is the Background for These implementation of emission controls in
Information (CBI) or other information Actions? this area. Finally, it may also impact
III. What Are the Criteria for Redesignation
whose disclosure is restricted by statute. to Attainment? you if you breathe the air in Jefferson
Do not submit information that you IV. What Are EPA’s Analyses of the State’s County or the air which has passed
consider to be CBI, or otherwise Requests and What Are the Bases for through Jefferson County or the
protected, through www.regulations.gov EPA’s Proposed Actions? Steubenville-Weirton area as a whole.
or e-mail. The www.regulations.gov Web V. Has Ohio Adopted Acceptable Motor
Vehicle Emissions Budgets for the End II. What Is the Background for These
site is an ‘‘anonymous access’’ system,
Year of the Ozone Maintenance Plans Actions?
which means EPA will not know your
identity or contact information unless Which Can Be Used To Support EPA has determined that ground-level
Conformity Determinations? ozone is detrimental to human health.
you provide it in the body of your VI. What Are the Effects of EPA’s Proposed
comment. If you send an e-mail Actions?
On July 18, 1997, EPA promulgated an
comment directly to EPA without going VII. Statutory and Executive Order Reviews 8-hour ozone NAAQS (62 FR 38856) of
through www.regulations.gov your e- 0.08 parts per million parts of air (0.08
mail address will be automatically I. What Actions Are EPA Proposing To ppm) (80 parts per billion (ppb)).2 This
captured and included as part of the Take? 8-hour ozone standard replaced a prior
comment that is placed in the public We are proposing to take several 1-hour ozone NAAQS, which was
docket and made available on the related actions for Jefferson County, promulgated on February 8, 1979 (44 FR
Internet. If you submit an electronic Ohio. First, we are proposing to 8202) and revoked on June 15, 2005.
comment, EPA recommends that you determine that Jefferson County has Ground-level ozone is not emitted
include your name and other contact attained the 8-hour ozone NAAQS. directly by sources. Rather, emitted NOX
information in the body of your Second, we are proposing to approve and VOC react in the presence of
comment and with any disk or CD–ROM Ohio’s ozone maintenance plan for sunlight to form ground-level ozone
you submit. If EPA cannot read your Jefferson County as a requested revision along with other secondary compounds.
comment due to technical difficulties of the Ohio SIP. The maintenance plan NOX and VOC are referred to as ‘‘ozone
and cannot contact you for clarification, is designed to keep Jefferson County precursors.’’
EPA may not be able to consider your and, in conjunction with a West The CAA required EPA to designate
comment. Electronic files should avoid Virginia ozone maintenance plan for as nonattainment any area that violated
the use of special characters and any Hancock and Brooke Counties, the the 8-hour ozone NAAQS. The three
form of encryption, and should be free entire Steubenville-Weirton, WV-OH most recent years of ozone data at the
of any defects or viruses. area in attainment of the 8-hour ozone time (2001–2003 when the 8-hour ozone
Docket: All documents in the docket NAAQS for the next 12 years, through designations were initially established)
are listed in the www.regulations.gov 2018. were considered to establish the ozone
index. Although listed in the index, Third, we are proposing to find that designations. The Federal Register
some information is not publicly Jefferson County and the State of Ohio notice making these designations was
available, e.g., CBI or other information have met the requirements for published on April 30, 2004 (69 FR
whose disclosure is restricted by statute. redesignation to attainment of the 8- 23857).
Certain other material, such as hour ozone NAAQS under section The CAA contains two sets of
copyrighted material, will be publicly 107(d)(3)(E) of the Clean Air Act (CAA). provisions—subpart 1 and subpart 2—
available only in hardcopy. Publicly We are, therefore, proposing to approve that address planning and emission
available docket materials are available the July 31, 2006, and October 3, 2006, control requirements for nonattainment
either electronically in requests from the State of Ohio to areas. (Both are found in title I, part D
www.regulations.gov or in hardcopy at change the designation of Jefferson of the CAA). Subpart 1 contains general,
the Environmental Protection Agency, County from nonattainment to less prescriptive requirements for
Region 5, Air and Radiation Division, 77 attainment of the 8-hour ozone nonattainment areas for any pollutant
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West Jackson Boulevard, Chicago, NAAQS.1


Illinois 60604. This facility is open from 2 This standard is violated in an area when any

8:30 a.m. to 4:30 p.m., Monday through 1A separate proposed rule from EPA published ozone monitor in the area (or in its impacted
on October 2, 2006 (71 FR 57905) addresses a downwind environs) records 8-hour ozone
Friday, excluding Federal holidays. It is request from the State of West Virginia to concentrations with a three year average of the
recommended that you telephone redesignate Hancock and Brooke Counties, West annual fourth-highest daily maximum 8-hour ozone
Jennifer Dunn, Environmental Engineer, Virginia to attainment of the 8-hour ozone NAAQS. concentrations equaling or exceeding 85 ppb.

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Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules 713

governed by a NAAQS, and applies to Under EPA regulations at 40 CFR part 107(d)(3)(E) of the CAA allows for
all nonattainment areas. Subpart 2 50, the 8-hour ozone standard is redesignation provided that: (1) The
contains more specific requirements for attained when the three-year average of Administrator determines that the area
certain ozone nonattainment areas, and the annual fourth-highest daily has attained the applicable NAAQS
applies to ozone nonattainment areas maximum 8-hour average ozone based on current air quality data; (2) the
classified under section 181 of the CAA. concentrations is less than or equal to Administrator has fully approved the
In the April 30, 2004, designation 0.08 ppm (i.e., less than or equal to applicable state implementation plan for
rulemaking, EPA divided 8-hour ozone 0.084 ppm or 84 ppb based on data the area under section 110(k) of the
nonattainment areas into the categories rounding conventions specified in CAA; (3) the Administrator determines
of subpart 1 nonattainment (‘‘basic’’ appendix I of 40 CFR part 50) over the that the improvement in air quality is
nonattainment) and subpart 2 most recent three-year period at all due to permanent and enforceable
nonattainment (‘‘classified’’ monitors in an area and in its impacted emission reductions resulting from
nonattainment) based on their 8-hour downwind environs (See 69 FR 23857 implementation of the applicable SIP,
ozone design values (i.e., on the three- (April 30, 2004) for further information). Federal air pollution control
year average of the annual fourth- Such supporting data must meet a regulations, and other permanent and
highest daily maximum 8-hour ozone minimum data completeness enforceable emission reductions; (4) the
concentrations at the worst-case requirement. The completeness Administrator has fully approved a
monitoring sites in the designated areas) requirement (specified in appendix I of maintenance plan for the area meeting
and on their 1-hour ozone design values 40 CFR part 50) for ozone data the requirements of section 175A of the
(i.e., on the fourth-highest daily supporting a determination of CAA; and, (5) the state containing the
maximum 1-hour ozone concentrations attainment and a redesignation to area has met all requirements applicable
over the three-year period at the worst- attainment is met when the annual to the area under section 110 and part
case monitoring sites in the designated average percent of days with valid D of the CAA.
areas).3 8-hour ozone nonattainment ambient monitoring data is greater than EPA provided guidance on
areas with 1-hour ozone design values 90 percent for the ozone seasons during redesignations in the General Preamble
equaling or exceeding 121 ppb were the three-year period, with no single for the Implementation of Title I of the
designated as subpart 2, classified year with less than 75 percent data CAA Amendments of 1990 on April 16,
nonattainment areas. Classification of completeness during the ozone season. 1992 (57 FR 13498), and supplemented
the subpart 2 nonattainment areas were In the April 30, 2004, designation/ this guidance on April 28, 1992 (57 FR
based on the levels of the monitored 8- classification rulemaking, the 18070). EPA provided further guidance
hour ozone design values for each Steubenville-Weirton, WV-OH area, on processing redesignation requests in
nonattainment area. All other 8-hour including Jefferson County, was the following documents:
nonattainment areas were designated as designated as subpart 1 nonattainment ‘‘Ozone and Carbon Monoxide Design
subpart 1, basic nonattainment areas, for the 8-hour ozone standard. The Value Calculations,’’ Memorandum
which have no area-specific designation was based on ozone data from Bill Laxton, June 18, 1990;
classifications. collected during the 2001–2003 period. ‘‘Maintenance Plans for Redesignation
Emission control requirements for On July 31, 2006, the State of Ohio of Ozone and Carbon Monoxide
classified nonattainment areas are submitted a draft request for Nonattainment Areas,’’ Memorandum
linked to area classifications. Areas with redesignation of Jefferson County to from G.T. Helms, Chief, Ozone/Carbon
more serious ozone pollution problems attainment of the 8-hour ozone NAAQS Monoxide Programs Branch, April 30,
are subject to more prescribed based on ozone data collected in the 1992;
requirements. The requirements are Steubenville-Weirton WV-OH area ‘‘Contingency Measures for Ozone
designed to bring areas into attainment during the 2003–2005 period. On and Carbon Monoxide (CO)
by their specified attainment dates, October 3, 2006, the State of Ohio Redesignations,’’ Memorandum from
which also depend on the area completed the ozone redesignation G.T. Helms, Chief, Ozone/Carbon
classifications. For example, marginal request by submitting documentation of Monoxide Programs Branch, June 1,
nonattainment areas are subject to the the public hearing conducted by the 1992;
fewest mandated control requirements State for the redesignation request and ‘‘Procedures for Processing Requests
and have the earliest attainment ozone maintenance plan. The to Redesignate Areas to Attainment,’’
deadline. Severe nonattainment areas information contained in the State’s July Memorandum from John Calcagni,
are required to meet more mandated 31, 2006, ozone redesignation request Director, Air Quality Management
emission controls than marginal areas, submittal was unchanged through the Division, September 4, 1992;
including tighter restrictions on the State’s public review process ‘‘State Implementation Plan (SIP)
sizes of existing VOC and NOX sources (summarized in the October 3, 2006, Actions Submitted in Response to Clean
required to install emission controls, submittal). The State of West Virginia Air Act (Act) Deadlines,’’ Memorandum
tighter restrictions on mandated has also submitted an ozone from John Calcagni, Director, Air
emission controls, and offsetting of new redesignation request for the West Quality Management Division, October
sources. Severe nonattainment areas Virginia portion of the Steubenville- 28, 1992;
also have a later attainment deadline. In Weirton, WV-OH area (for Hancock and ‘‘Technical Support Documents
contrast, the attainment deadline for Brooke Counties). A separate proposed (TSDs) for Redesignation of Ozone and
basic nonattainment areas does not rule from EPA published on October 2, Carbon Monoxide Nonattainment
depend on the magnitude of the area 8- 2006 (71 FR 57905), addresses this Areas,’’ Memorandum from G.T. Helms,
hour ozone design values. request. Chief, Ozone/Carbon Monoxide
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Programs Branch, August 17, 1993;


3 The 8-hour ozone design value and the 1-hour III. What Are the Criteria for ‘‘State Implementation Plan (SIP)
ozone design value for each area were not Redesignation to Attainment? Requirements for Areas Submitting
necessarily recorded at the same monitoring site.
The worst-case monitoring site for each ozone
The CAA provides the requirements Requests for Redesignation to
concentration averaging time was considered for for redesignating a nonattainment area Attainment of the Ozone and Carbon
each area. to attainment. Specifically, section Monoxide (CO) National Ambient Air

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714 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules

Quality Standards (NAAQS) On or After hour ozone standard; (2) approve the described in 40 CFR part 50 appendix
November 15, 1992,’’ Memorandum ozone maintenance plan for this County I, the 8-hour ozone standard is attained
from Michael H. Shapiro, Acting and the VOC and NOX MVEBs if the area’s ozone design value 4 is
Assistant Administrator for Air and supported by the ozone maintenance 0.084 ppm (84 ppb) or less. The data
Radiation, September 17, 1993; plan; and, (3) approve the redesignation must be collected and quality-assured in
‘‘Use of Actual Emissions in of this County to attainment of the 8- accordance with 40 CFR part 50, and
Maintenance Demonstrations for Ozone hour ozone NAAQS. The bases for our must be recorded in EPA’s Air Quality
and CO Nonattainment Areas,’’ proposed determination and approvals System (AQS). The ozone monitors
Memorandum from D. Kent Berry, are as follows: generally should have remained at the
Acting Director, Air Quality same locations for the duration of the
1. Jefferson County and the
Management Division, November 30, monitoring period required to
Steubenville-Weirton, WV-OH Area
1993; demonstrate attainment (for three years
Have Attained the 8-Hour Ozone
‘‘Part D New Source Review (part D or more).
NAAQS
NSR) Requirements for Areas As part of the July 31, 2006, ozone
Requesting Redesignation to Analyses of the attainment of the 8- redesignation request, the Ohio EPA
Attainment,’’ Memorandum from Mary hour ozone NAAQS are conducted in submitted summarized ozone
D. Nichols, Assistant Administrator for accordance with 40 CFR 50.10 and 40 monitoring data indicating the top four
Air and Radiation, October 14, 1994; CFR part 50 appendix I. These analyses daily maximum 8-hour ozone
and, use the most recent three complete, concentrations for each monitoring site
‘‘Reasonable Further Progress, consecutive calendar years of quality- in the Steubenville-Weirton, WV-OH
Attainment Demonstration, and Related assured air quality monitoring data at all area during the 2002–2005 period.
Requirements for Ozone Nonattainment monitoring sites in the area and in its These summarized worst-case ozone
Areas Meeting the Ozone National impacted downwind environs. To attain concentrations are part of the quality-
Ambient Air Quality Standard,’’ this standard, the average of the annual assured ozone data collected in this area
Memorandum from John S. Seitz, fourth-high daily maximum 8-hour and recorded in the AQS. The annual
Director, Office of Air Quality Planning average ozone concentrations measured fourth-high 8-hour daily maximum
and Standards, May 10, 1995. and recorded at each monitor (the concentrations for each year during the
monitoring site’s ozone design value) 2003–2005 period, along with the three-
IV. What Are EPA’s Analyses of the within the area and in its impacted year averages, are summarized in Table
State’s Requests and What Are the downwind environs over the most 1 for Jefferson County, Ohio and
Bases for EPA’s Proposed Actions? recent three-year period must not Hancock County, West Virginia. All
EPA is proposing to: (1) Determine exceed the ozone standard. Based on the monitoring sites achieved at least 99%
that Jefferson County has attained the 8- ozone data rounding convention data completeness.

TABLE 1.—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS IN PARTS PER MILLION (PPM) FOR
JEFFERSON COUNTY, OHIO AND HANCOCK COUNTY, WEST VIRGINIA *
County Monitoring site 2003 2004 2005 Average

Jefferson County, Ohio ................................................................... 227 North 5h .............................. 0.079 .............. .............. ..............
618 Logan .................................. .............. 0.071 0.083 0.078
Hancock County, West Virginia ...................................................... Oak St. & Owin .......................... 0.077 0.073 0.075 0.075
* Data for Hancock County was included in appendix A of the Ohio EPA’s submission and is used in Table 1. The data table in the main body
of the State’s submission included data for Ohio County, West Virginia (part of the Wheeling area and not part of the Steubenville-Weirton area)
rather than Hancock County, West Virginia.

The monitoring site in Jefferson attained the 8-hour ozone standard. The from 2006 indicates that this area
County was relocated to a site 1⁄3 mile current three-year average (2003–2005) continues to attain the ozone NAAQs.
from the original site after 2003 because for Jefferson County, Ohio is 0.078 ppm. The Ohio Environmental Protection
Ohio EPA lost access to the original site. The current three-year average (2003– Agency and the West Virginia
The new site meets all citing criteria 2005) for Hancock County, West Department of Environmental Protection
described in 40 CFR 58 Appendix E. Virginia is 0.075 ppm. The data have committed to continue ozone
The original and final sites are collected at the Jefferson County and monitoring in this area as part of the
sufficiently close to each other, and Hancock County, West Virginia State’s ozone maintenance plan. This
removed from sources of ozone monitoring sites show that the area commitment meets a redesignation
precursors such that the two sites satisfies the CAA requirement that the requirement, in accordance with 40 CFR
represent the same air quality. ozone standard must be attained at all part 58, that ozone monitoring will be
Therefore, the data from the two sites sites in and around the ozone continued to assure continued
can be combined when calculating the nonattainment area. The three-year attainment of the 8-hour ozone
three-year average ozone concentration ozone design value for the standard. Furthermore, the Ohio
in Table 1. nonattainment area is less than 0.085 Environmental Protection Agency and
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The monitored ozone concentrations ppm. Furthermore, available (non- the West Virginia Department of
for 2003–2005 show that the entire quality assured) ozone monitoring data Environmental Protection will consult
Steubenville-Weirton, WV-OH area has with EPA prior to altering the existing
4 The worst-case monitoring site-specific ozone

design value in the area or in its impacted


downwind environs.

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Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules 715

monitoring network if changes become attainment under this interpretation, the Division, October 28, 1992; and ‘‘State
necessary in the future. The two states state and the area must meet the Implementation Plan (SIP)
will continue to quality assure the data relevant CAA requirements that apply at Requirements for Areas Submitting
to meet the requirements of 40 CFR 58 the time of the State’s submittal of a Requests for Redesignation to
and all other federal requirements. The complete redesignation request for the Attainment of the Ozone and Carbon
data will be available in real time on the area. See also the September 17, 1993, Monoxide (CO) National Ambient Air
Ohio Environmental Protection Michael Shapiro memorandum, and 66 Quality Standards (NAAQS) on or After
Agency’s Web site and will be entered FR 12459, 12465–12466 (March 7, 1995) November 15, 1992,’’ Memorandum
into AQS on a timely basis and in (redesignation of Detroit-Ann Arbor, from Michael H. Shapiro, Acting
accordance with federal guidelines. Michigan to attainment of the 1-hour Assistant Administrator, September 17,
We find that the ozone monitoring ozone NAAQS). Applicable 1993. See also other guidance
data submitted by the States of Ohio and requirements of the CAA that come due documents listed above.
West Virginia provide an adequate subsequent to the state’s submittal of a Section 110(a)(2)(D) of the CAA
demonstration that the Steubenville- complete redesignation request remain requires SIPs to contain certain
Weirton, WV-OH area has attained the applicable until a redesignation of the measures to prevent sources in a state
8-hour ozone NAAQS. Therefore, we area to attainment of the standard is from significantly contributing to air
propose to determine that Jefferson approved, but are not required as quality problems in another state. To
County, Ohio, as part of the prerequisites to redesignation. See implement this provision, EPA required
Steubenville-Weirton, WV-OH area, has section 175A(c) of the CAA. Sierra Club states to establish programs to address
attained the 8-hour ozone NAAQS. v. EPA, 375 F.3d 537 (7th Cir. 2004). See transport of air pollutants (NOX SIP call
also 68 FR 25424, 25427 (May 12, 2003) and Clean Air Interstate Rule (CAIR)).
2. Jefferson County and the State of
(redesignation of the St. Louis/East St. EPA has also found, generally, that
Ohio Have Met All Applicable
Louis area to attainment of the 1-hour states have not submitted SIPs under
Requirements Under Section 110 and
ozone NAAQS). section 110(a)(1) of the CAA to meet the
Part D of the CAA and This Area Has
General SIP requirements: Section interstate transport requirements of
a Fully Approved SIP Under Section
110(a) of title I of the CAA contains the section 110(a)(2)(D)(i) of the CAA (70 FR
110(k) of the CAA
general requirements for a SIP, which 21147, April 25, 2005). However, the
We have determined that Jefferson include: enforceable emission section 110(a)(2)(D) requirements for a
County and the State of Ohio have met limitations and other control measures, state are not linked with a particular
all currently applicable SIP means, or techniques; provisions for the nonattainment area’s classification. EPA
requirements for Jefferson County under establishment and operation of believes that the requirements linked
section 110 of the CAA (general SIP appropriate devices necessary to collect with a particular nonattainment area’s
requirements). We have determined that data on ambient air quality; and classification are the relevant measures
the Ohio SIP meets the currently programs to enforce the emission to evaluate when reviewing a
applicable SIP requirements under limitations. General SIP elements and redesignation request. The transport SIP
subpart 1 part D of title I of the CAA requirements are delineated in section submittal requirements, where
(requirements specific to basic ozone 110(a)(2) of title I, part A of the CAA. applicable, continue to apply to a state
nonattainment areas). See section These SIP elements and requirements regardless of the designation of any one
107(d)(3)(E)(v) of the CAA. In addition, include, but are not limited to, the particular area in the state.
we have determined that all applicable following: (a) Submittal of a SIP that has We believe that these requirements
requirements are approved into the been adopted by the State after should not be construed to be applicable
Ohio SIP. See section 107(d)(3)(E)(ii) of reasonable public notice and a hearing; requirements for purposes of
the CAA. In making these (b) provisions for establishment and redesignation. Further, we believe that
determinations, we determined the CAA operation of appropriate procedures the other section 110 elements
requirements which are applicable to needed to monitor ambient air quality; described above that are not connected
Jefferson County, and determined that (c) implementation of a source permit with nonattainment plan submissions
the applicable portions of the SIP program; (d) provisions for the and that are not linked with an area’s
meeting these requirements are fully implementation of part C requirements attainment status are also not applicable
approved under section 110(k) of the (Prevention of Significant Deterioration requirements for purposes of
CAA. We note that SIPs must be fully (PSD)) and part D requirements (New redesignation. A state remains subject to
approved only with respect to currently Source Review (NSR)) for new sources these requirements after an area is
applicable requirements of the CAA, or major source modifications; (e) redesignated to attainment. We
which in this case are those CAA criteria for stationary source emission conclude that only the section 110 and
requirements applicable to Jefferson control measures, monitoring, and part D requirements which are linked
County at the time the State submitted reporting; (f) provisions for air quality with an area’s designation and
a complete ozone redesignation request modeling; and, (g) provisions for public classification are the relevant measures
for this area, on October 3, 2006. and local agency participation. for evaluating this aspect of a
a. Jefferson County has met all SIP requirements and elements are redesignation request. This approach is
applicable requirements under section discussed in the following EPA consistent with EPA’s policy on
110 and part D of the CAA. The documents: ‘‘Procedures for Processing applicability of conformity and
September 4, 1992, Calcagni Requests to Redesignate Areas to oxygenated fuels requirements for
memorandum (see ‘‘Procedures for Attainment,’’ Memorandum from John redesignation purposes, as well as with
Processing Requests to Redesignate Calcagni, Director, Air Quality section 184 ozone transport
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Areas to Attainment,’’ Memorandum Management Division, September 4, requirements. See: Reading,


from John Calcagni, Director, Air 1992; ‘‘State Implementation Plan (SIP) Pennsylvania proposed and final
Quality Management Division, Actions Submitted in Response to Clean rulemakings (61 FR 53174–53176,
September 4, 1992) describes EPA’s Air Act (CAA) Deadlines,’’ October 10, 1996 and 62 FR 24826, May
interpretation of section 107(d)(3)(E) of Memorandum from John Calcagni, 7, 1997); Cleveland-Akron-Lorain, Ohio
the CAA. To qualify for redesignation to Director, Air Quality Management final rulemaking (61 FR 20458, May 7,

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1996); and Tampa, Florida final of section 172 can be found in the section 107(d) of the CAA. Further, EPA
rulemaking (60 FR 62748, December 7, General Preamble for Implementation of believes that it is reasonable to interpret
1995). See also the discussion on this Title I (57 FR 13498). See also 68 FR the conformity requirements as not
issue in the Cincinnati, Ohio ozone 4852–4853, a notice of proposed applying for purposes of evaluating the
redesignation (65 FR 37890, June 19, rulemaking for an ozone redesignation ozone redesignation request under
2000), and the Pittsburgh, Pennsylvania for the St. Louis area, for a discussion section 107(d) of the CAA because state
ozone redesignation (66 FR 50399, of section 172 requirements. conformity rules are still required after
October 19, 2001). No requirements for 8-hour ozone redesignation of areas to attainment of a
We believe that section 110 elements under part D of the CAA came due for NAAQS and Federal conformity rules
not linked to the area’s nonattainment Jefferson County prior to the State’s apply where state rules have not been
status are not applicable for purposes of submittal (October 3, 2006) of a approved. See Wall v. EPA, 265 F.3d
redesignation. Nonetheless, we also note complete ozone redesignation request 426 (6th Cir. 2001). See also 60 FR
that EPA has previously approved for this area. For example, the 62748 (December 7, 1995) (Tampa,
provisions in the Ohio SIP addressing requirement for an ozone attainment Florida).
section 110 elements under the 1-hour demonstration, as contained in section EPA has also determined that areas
ozone standard. We have analyzed the 172(c)(1), is not yet applicable, nor are being redesignated need not comply
Ohio SIP as codified in 40 CFR part 52, the requirements for Reasonably with the requirement that a New Source
subpart KK and have determined that it Available Control Measures (RACM) Review (NSR) program be approved
is consistent with the requirements of and Reasonably Available Control prior to redesignation, provided that the
section 110(a)(2) of the CAA. The SIP, Technology (RACT) (section 172(c)(1)), area demonstrates maintenance of the
which has been adopted after reasonable Reasonable Further Progress (RFP) standard without part D NSR, since
public notice and hearing, contains (section 172(c)(2)), and attainment plan Prevention of Significant Deterioration
enforceable emission limitations; and RFP contingency measures (section (PSD) requirements will apply after
requires monitoring, compiling, and 172(c)(9)). Therefore, none of the part D redesignation. A more detailed rationale
analyzing ambient air quality data; requirements are applicable to Jefferson for this view is described in a
requires preconstruction review of new County for purposes of redesignation. memorandum from Mary Nichols,
major stationary sources and major Section 176 conformity requirements: Assistant Administrator for Air and
modifications of existing sources; Section 176(c) of the CAA requires Radiation, dated October 14, 1994,
provisions for adequate funding, staff, states to establish criteria and entitled, ‘‘Part D New Source Review
and associated resources necessary to procedures to ensure that Federally Requirements for Areas Requesting
implement its requirements; requires supported or funded activities, Redesignation to Attainment.’’ Ohio is
stationary source emissions monitoring including highway projects, conform to not relying on reductions from NSR to
and reporting; and otherwise satisfies the air planning goals in the applicable attain the ozone standard, and so the
the applicable requirements of section SIP. The requirement to determine State need not have a fully approved
110(a)(2). conformity applies to transportation part D NSR program prior to approval of
Part D SIP requirements: EPA has plans, programs, and projects the redesignation request. The State’s
determined that the Ohio SIP meets developed, funded, or approved under PSD program will become effective in
applicable SIP requirements under part Title 23 U.S.C. and the Federal Transit Jefferson County upon redesignation to
D of the CAA. Under part D, an area’s Act (transportation conformity) as well attainment. See rulemakings for Detroit,
classification (subpart 1, marginal, as to all other Federally supported or Michigan (60 FR 12467–12468, March 7,
moderate, serious, severe, and extreme) funded projects (general conformity). 1995); Cleveland-Akron-Lorain, Ohio
indicates the requirements to which it State conformity SIP revisions must be (61 FR 20458, 20469–20470, May 7,
will be subject. Subpart 1 of part D, consistent with Federal conformity 1996); Louisville, Kentucky (66 FR
found in sections 172–176 of the CAA, regulations relating to consultation, 53665, October 23, 2001); Grand Rapids,
sets forth the basic nonattainment area enforcement and enforceability, which Michigan (61 FR 31834–31837, June 21,
plan requirements applicable to all EPA promulgated pursuant to CAA 1996).
nonattainment areas. Subpart 2 of part requirements. EPA approved Ohio’s general and
D, found in section 182 of the CAA, In addition to the fact that part D transportation conformity SIPs on
establishes additional specific requirements did not become due prior March 11, 1996 (61 FR 9646) and May
requirements depending on the area’s to Ohio’s submission of a complete 30, 2000 (65 FR 34395), respectively. In
nonattainment classification. ozone redesignation request for Jefferson its July 31, 2006 submission Ohio
Part D, subpart 1 requirements: For County, and, therefore, are not believed included the on-highway motor vehicle
purposes of evaluating this by the EPA to be applicable for emission budgets (MVEB) for 2009 and
redesignation request, the applicable redesignation purposes in this case, EPA 2018 that Table 2 outlines. EPA
subpart 1 part D requirements for all similarly believes that it is reasonable to reviewed the budgets for the West
nonattainment areas are contained in interpret the conformity requirements as Virginia portion of the Steubenville-
sections 172(c)(1)–(9) and 176. A not applying for purposes of evaluating Weirton area on October 2, 2006 (71 FR
thorough discussion of the requirements the ozone redesignation request under 57905).

TABLE 2.—2009 AND 2018 FINAL MVEBS FOR JEFFERSON COUNTY, OHIO
VOC NOX
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Inventory year emissions emissions


(tpd) (tpd)

2009 projected on-road mobile source emissions .............................................................................................................. 2.29 3.57


2009 safety margin allocated to MVEBs ............................................................................................................................. 0.34 0.53
2009 MVEBs ........................................................................................................................................................................ 2.63 4.10
2018 projected on-road mobile source emissions .............................................................................................................. 1.19 1.45

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TABLE 2.—2009 AND 2018 FINAL MVEBS FOR JEFFERSON COUNTY, OHIO—Continued
VOC NOX
Inventory year emissions emissions
(tpd) (tpd)

2018 safety margin allocated to MVEBs ............................................................................................................................. 0.18 0.22


2018 MVEBs ........................................................................................................................................................................ 1.37 1.67

The area must use the motor vehicle purposes of redesignation. No Jefferson documented changes in VOC and NOX
emissions budgets from the County SIP provisions are currently emissions from all anthropogenic (man-
maintenance plan in any conformity disapproved, conditionally approved, or made or man-based) sources in the
determination that is effective on or partially approved. As indicated above, Steubenville-Weirton, WV-OH area
after the effective date of the EPA believes that the section 110 occurring between 2002, an ozone
maintenance plan approval. We elements not connected with standard violation year, and 2004, one
conclude that Jefferson County and the nonattainment plan submissions and of the years in which the Steubenville-
State of Ohio have satisfied all not linked to the area’s nonattainment Weirton, WV-OH area has recorded
applicable requirements under section status are not applicable requirements attainment of the 8-hour ozone
110 and part D of the CAA to the extent for purposes of reviewing the State’s
standard. The States have also discussed
that these requirements apply for redesignation request. EPA has also
permanent and enforceable emission
purposes of reviewing the State’s ozone noted that it may conclude that the
redesignation request for this area. section 110 SIP submission approved reductions that have occurred elsewhere
b. Jefferson County has a fully under the 1-hour standard will be in these two States and in other upwind
approved applicable SIP under section adequate for purposes of attaining and areas that have contributed to the air
110(k) of the CAA. EPA has fully maintaining the 8-hour standard. EPA quality improvement in the
approved the Ohio SIP for Jefferson also believes that since the part D Steubenville-Weirton, WV-OH area.
County under section 110(k) of the CAA requirements for the eight-hour ozone Table 3 summarizes the VOC and NOX
for all applicable requirements. EPA standard did not become due prior to emissions totals from the anthropogenic
may rely on prior SIP approvals in Ohio’s submission of a final, complete sources in 2002 and 2004 for the
approving a redesignation request (See redesignation request for Jefferson Steubenville-Weirton, WV-OH area.6
the September 4, 1992 John Calcagni County, they also are not applicable From the Table, it can be seen that VOC
memorandum, page 3, Southwestern requirements for purposes of emissions have decreased slightly
Pennsylvania Growth Alliance v. redesignation. between 2002 and 2004, whereas NOX
Browner, 144 F.3d 984, 989–990 (6th emissions have significantly declined
Cir. 1998), Wall v. EPA, 265 F.3d 426 3. The Air Quality Improvement in the
Steubenville-Weirton, WV-OH Area Is between 2002 and 2004.
(6th Cir. 2001)) plus any additional
measures it may approve in conjunction Due to Permanent and Enforceable The States of Ohio and West Virginia
with a redesignation action. See 68 FR Reductions in Emissions Resulting From conclude that the differences in the
25426 (May 12, 2003). Since the passage Implementation of the SIP, Federal Air 2002 and 2004 emissions are due
of the CAA of 1970, Ohio has adopted Pollution Control Regulations, and primarily to the implementation of
and submitted, and EPA has fully Other Permanent and Enforceable permanent and enforceable emission
approved, provisions addressing the Emission Reductions control requirements.
various required SIP elements In making this demonstration, the
applicable to Jefferson County for States of West Virginia 5 and Ohio have

TABLE 3.—TOTAL ANTHROPOGENIC VOC AND NOX EMISSIONS FOR 2002 AND 2004 IN THE STEUBENVILLE-WEIRTON,
WV-OH AREA
[Tons per day]

County Point Area Non-road On-road Total

2002 Volatile Organic Compounds

Jefferson County, Ohio ................................................................................................ 1.1 3.1 1.0 4.2 9.4


Hancock and Brooke Counties, West Virginia ............................................................ 6.7 4.5 1.5 3.2 15.9

2002 Total ............................................................................................................. 7.8 7.6 2.5 7.4 25.3

5 West Virginia submitted a separate ozone from those summarized in the West Virginia ozone the State of Ohio in its July 31, 2006, ozone
redesignation request for its portion of the redesignation request. We have noticed minor redesignation request. For purposes of maintaining
sroberts on PROD1PC70 with PROPOSALS

Steubenville-Weirton, WV-OH area. The West differences in the two sets of data, but emphasize significant figure consistency and for readability,
Virginia redesignation request is being addressed in that the differences are minor and primarily due to we have rounded all emissions to one significant
a separate EPA proposed rule (71 CFR 57905). West rounding differences induced by how the two States
decimal place. The State of Ohio has not
Virginia did supply emissions data for the have handled the summarized data and by how
various EPA reviewers have handled and rounded maintained this consistency, leading to some
Steubenville-Weirton area to the State of Ohio for
inclusion in Ohio’s ozone redesignation request. the data in the proposed rules. differences in individual category emissions and in
The West Virginia data summarized here are those 6 Minor differences exist between the emissions emissions totals.
data provided to the State of Ohio, and may differ summarized in Table 3 and those summarized by

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TABLE 3.—TOTAL ANTHROPOGENIC VOC AND NOX EMISSIONS FOR 2002 AND 2004 IN THE STEUBENVILLE-WEIRTON,
WV-OH AREA—Continued
[Tons per day]

County Point Area Non-road On-road Total

2004 Volatile Organic Compounds

Jefferson County, Ohio ................................................................................................ 1.2 3.1 0.9 3.6 8.8


Hancock and Brooke Counties, West Virgina ............................................................. 4.8 4.6 1.5 2.6 13.5

2004 Total ............................................................................................................. 6.0 7.7 2.4 6.2 22.3


Difference (2002–2004) 7 ...................................................................................... 1.8 ¥0.1 0.1 1.2 3.0

2002 Nitrogen Oxides

Jefferson County, Ohio ................................................................................................ 190.0 0.2 2.4 6.3 198.9


Hancock and Brooke Counties, West Virginia ............................................................ 5.9 4.6 4.3 4.3 19.1

2002 Total ............................................................................................................. 195.9 4.8 6.7 10.6 218.0

2004 Nitrogen Oxides

Jefferson County, Ohio ................................................................................................ 154.7 0.2 2.3 5.4 162.6


Hancock and Brooke Counties, West Virginia ............................................................ 4.5 4.8 5.3 3.6 18.2

2004 Total ............................................................................................................. 159.2 5.0 7.6 9.0 180.8


Difference (2002–2004) ........................................................................................ 36.7 ¥0.2 ¥0.9 1.6 37.2

The significant decline in NOX (3) clean air non-road diesel rule submit a revised maintenance plan
emissions in this area between 2002 and (promulgated by the EPA in May 2004 which demonstrates that maintenance of
2004 occurred primarily at Electric and currently being phased in through the standard will continue for 10 years
Generating Units (EGU) as the result of 2009). All of these rules have following the initial 10 year
the implementation of the States’ NOX contributed to reducing NOX emissions maintenance period. To address the
emission control rules (resulting from throughout the States of Ohio and West possibility of future NAAQS violations,
the implementation of EPA’s NOX SIP Virginia and will contribute to future the maintenance plan must contain such
call and acid rain emission controls emission reductions in these States. contingency measures, with a schedule
under title IV of the CAA). NOX The State of Ohio commits to for implementation, as EPA deems
reductions also resulted from tighter continuing the existing VOC and NOX necessary, to assure prompt correction
federal standards on new vehicles. emission controls after the Steubenville- of any future NAAQS violations. The
We concur with the States that NOX Weirton, WV-OH area is redesignated to September 4, 1992 John Calcagni
emissions have been significantly attainment of the 8-hour ozone memorandum provides additional
lowered in the Steubenville-Weirton, standard. guidance on the content of maintenance
WV-OH area. We also concur with the plans. An ozone maintenance plan
4. Jefferson County Has a Fully
States that these emission reductions should, at minimum, address the
Approvable Ozone Maintenance Plan
have contributed to attainment of the following items: (1) The attainment VOC
Pursuant to Section 175A of the CAA
8-hour ozone standard in the and NOX emissions inventories; (2) a
Steubenville-Weirton, WV-OH area. In conjunction with its request to
maintenance demonstration showing
Therefore, the State of Ohio has met this redesignate Jefferson County to
maintenance for the first 10 years of the
criterion for redesignation of Jefferson attainment of the ozone NAAQS, Ohio
submitted a SIP revision request to maintenance period; (3) a commitment
County to attainment of the 8-hour to maintain the existing monitoring
ozone standard. provide for maintenance of the 8-hour
ozone NAAQS in Jefferson County and network; (4) factors and procedures to
Besides implementation of the NOX
in the entire Steubenville-Weirton, WV- be used for verification of continued
emission control rules, additional
OH area through 2018, exceeding the attainment; and, (5) a contingency plan
implemented, or soon to be
minimum 10 year maintenance period to prevent and/or correct a future
implemented, emission control rules
required by the CAA. violation of the NAAQS.
include several Federal rules: (1) Tier II
emission standards for vehicles and a. What Is Required in an Ozone b. What Are the Attainment Emission
gasoline sulfur standards (promulgated Maintenance Plan? Section 175A of the Inventories for Jefferson County? Ohio
by EPA in February 2000 and currently CAA sets forth the required elements of EPA prepared comprehensive VOC and
being implemented); (2) heavy-duty air quality maintenance plans for areas NOX emission inventories for Jefferson
diesel engine emission control rules seeking redesignation from County, including EGU and non-EGU
(promulgated by the EPA in July 2000 nonattainment to attainment of a point (significant stationary sources),
and currently being implemented; and, NAAQS. Under section 175A, a other (smaller and widely-distributed
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maintenance plan must demonstrate stationary sources that are also called
7 Positive differences indicate a decrease in continued attainment of the applicable area sources), Marine, Aircraft, and Rail
emissions over time from 2002 to 2004. Negative NAAQS for at least 10 years after the mobile (MAR), mobile on-road, and
differences indicate emissions were increasing over
time, primarily as the result of emission changes
Administrator approves the mobile non-road sources for 2002 (the
from source growth exceeding the impacts of redesignation to attainment. Eight years base year). To develop the attainment
implemented emission controls. after the redesignation, the State must year (2004) and projected maintenance

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years (2009 and 2018) emissions, the To estimate the area source emissions, Jefferson County, operators of Class I
Ohio EPA projected the 2002 emissions Ohio EPA has either used published operations were queried for activity and
applying various source category- Emission Inventory Improvement emissions-related information for each
specific growth factors and emission Program (EIIP) emissions estimation railroad line. Class I activity levels were
control factors. methodologies or other methodologies provided by county in terms of ton-
The State has thoroughly documented typically used by other states. Area miles of freight movement and
how the 2002 base year emissions were source categories include: Various estimated fuel consumption. This
derived. The following summarizes the stationary combustion sources (not approach provided for more specific
procedures and sources of data used by including the EGU sources included in estimates of emissions by railroad line.
the Ohio EPA to derive the base year the point source portion of the Class I railroads, however, could not
emissions. emissions inventory); human cremation; provide information about their
i. Point Sources. The primary source agricultural pesticides; architectural switching rail activity. Class II/III
of point source information was facility- surface coatings; auto body refinishing; emissions were based on national fuel
specific information collected annually consumer and commercial solvents; consumption and per employee fuel
by the State for sources covered by Title degreasing and solvent cleaning (not consumption estimates.
V source permits. This information included in point source emissions); EPA provided the aircraft emission
includes emissions, process rates, fuel marketing; graphic arts (the estimates based on Federal Aviation
operating schedules, emissions control emissions from the smaller facilities not Administration (FAA) published
data, and other relevant information. included in the Title V STARS Landing and Take-Off (LTO) rates by
The State also used emissions data database); hospital sterilizers; small engine type for each airline and major
provided by EPA’s EGU emission industry surface coating; small industry airport in the State of Ohio. The LTO-
inventory, maintained to support the rubber and plastics coating; landfills; engine information was combined with
NOX SIP call emissions trading program portable fuel containers; traffic engine type-specific emission factors
and the acid rain control program. The markings; and Privately Owned developed by the International Civil
sources included in the 2002 point Treatment Works (POTWs). The State Aviation Organization (ICAO) and,
source inventory were identified using has documented the data sources and through use of a FAA Emissions and
Ohio’s Title V STARS database. The emission factors or calculation Dispersion Modeling System (EDMS),
emissions included in this database are procedures used for each of these area which calculates aircraft-specific
facility-reported actual emissions. source categories. emissions.
Ohio EPA defines point source iii. Non-Road Mobile Sources. The LADCO processed all of the MAR
process emissions as those that occur at non-road mobile source emissions emissions data through the EMS to
a Title V facility with an identifiable inventory was generated regionally by calculate July 2002 summer day
stationary stack or vent. Point source running EPA’s National Mobile emissions for VOC and NOX.
emissions not emitted from discrete Inventory Model (NMIM). The NMIM v. On-Road Mobile Sources. A
stacks or vents are defined to be fugitive output was converted to the NIF format regional transportation model operated
emissions. Facility-specific fugitive and submitted to LADCO for processing by the Brooke, Hancock, Jefferson
emissions are also reported by each in the EMS to obtain spatially and Transportation Study (BHJTS), West
Title V facility and stored in the Title V temporally allocated summer emission Virginia Department of Transportation
STARS database. rates. The basic non-road algorithm for (WVDOT), and Ohio Department of
Point source emissions included in calculating emissions in NMIM uses Transportation (Ohio DOT) was used to
the 2002 base year emissions inventory base year equipment populations, estimate traffic levels, vehicle age and
were provided to the Lake Michigan Air average load factors, available engine type distributions, vehicle speeds, and
Directors Consortium (LADCO) in powers, activity hours and emission other emissions-related vehicle
National Emissions Inventory Input factors to calculate the emissions. parameters for the roadways in Jefferson
Format (NIF) 3.0 format. LADCO iv. Marine, Aircraft, and Rail (MAR) County and elsewhere in the
imported and processed the NIF files in Sources. Due to the significance of the Steubenville-Weirton, WV-OH area.
the Emissions Modeling System (EMS) emissions from these source types, the This vehicle travel information, along
and applied temporal and spatial Ohio EPA has decided to treat these with the MOBILE 6.2 vehicle emission
profiles to calculate July weekday source categories separately from other factor model, was used to estimate
emissions rates. The Jefferson County non-road mobile sources. The MAR mobile source VOC and NOX emissions
emissions derived from this set of emissions include emissions from for Jefferson County and the entire
emissions data were split into EGU commercial marine, aircraft, and Steubenville-Weirton, WV-OH area.
emissions and non-EGU emissions for locomotive sources. vi. Projected Emissions for the
inclusion in the base year emissions Commercial marine vessels consist of Attainment Year. Ambient air quality
inventory used to support the Jefferson several different categories of vessel data showed that the Steubenville-
County ozone redesignation request. types. For each vessel type, there are Weirton, WV-OH area met the 8-hour
ii. Area (Other) Sources. Area sources unique engine types, emission rates, and ozone NAAQS in 2004. Ohio EPA
are those sources which are generally activity data sets. The emissions projected point source emissions from
small, numerous, and have not been inventory documentation lists the vessel the 2002 baseline to 2004 with the
inventoried as specific point, mobile, or types and activity data sources by vessel statewide EGU NOX budgets from the
biogenic sources. The emissions for type, along with the spatial range of Ohio NOX rule. Mobile source emission
these sources are calculated and each vessel type. projections were based on the
grouped by source type and are Locomotive activity was divided into MOBILE6.2 model. Ohio EPA also used
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estimated using various surrogates, such various rail categories: Class I growth and control files for point, area,
as population, energy usage, estimates operations; Class II/III operations; and non-road categories that LADCO
of employees in various occupational passenger trains; consumer lines; and developed in determining 2004
groups and facility-types. The area yard operations. Since Class I operations emissions of NOX and VOCs for
source emissions are typically defined are expected to be the most significant Jefferson County. The State of West
at the county level. rail operations in most areas, including Virginia estimated 2004 VOC and NOX

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emissions for its portion of the 426 (6th Cir. 2001), Sierra Club v. EPA, by EPA on October 2, 2006 (71 FR
Steubenville-Weirton, WV-OH area. The 375 F.3d 537 (7th Cir. 2004). See also 66 57905)).
estimated 2004 emissions have been FR 53094, 53099–53100 (October 19, Table 4 summarizes the VOC
compared to the 2002 emissions to 2001) and 68 FR 25430–25432 (May 12, emissions projected to occur in Jefferson
demonstrate the basis for the improved 2003). County, Ohio and in Hancock and
air quality in the Steubenville-Weirton, The State of Ohio and the State of
Brooke Counties, West Virginia during
WV-OH area. See Table 3 above for the West Virginia projected the VOC and
NOX emissions in the Steubenville- the demonstrated ozone maintenance
2004 attainment level emissions.
c. Demonstration of Maintenance. As Weirton, WV-OH area for the years of period. Similarly, Table 5 summarizes
part of the July 31, 2006, redesignation 2009 and 2018 to demonstrate the NOX emissions projected to occur in
request submittal, Ohio EPA included a maintenance of the 8-hour ozone the same area during the demonstrated
requested revision to the Ohio SIP to NAAQS for at least 10 years after the ozone maintenance period. The State of
incorporate an ozone maintenance plan expected redesignation dates for this Ohio and the State of West Virginia
for Jefferson County. This plan area. For Jefferson County, Ohio EPA chose 2018 as a projection year to meet
demonstrates maintenance of the 8-hour used source growth estimates provided the 10-year maintenance demonstration
ozone NAAQS through 2018 by by LADCO along with mobile source requirement, allowing several years for
documenting current and projected VOC growth estimates generated using the EPA to complete the redesignation
and NOX emissions and showing that regional transportation model and rulemaking process. The States also
future emissions of VOC and NOX will MOBILE 6.2 to project the Jefferson chose 2009 as an interim year to
remain at or below the attainment year County VOC and NOX emissions. The demonstrate that VOC and NOX
emission levels. A maintenance methods used by the State of West emissions will remain below the
demonstration need not be based on Virginia are described in West Virginia’s attainment year levels throughout the
modeling. See Wall v. EPA, 265 F.3d ozone redesignation request (reviewed 10-year maintenance period.

TABLE 4.—PROJECTED VOC EMISSIONS IN THE STEUBENVILLE-WEIRTON, WV-OH AREA


[tons/day]

2004 Attain- 2018 Main- Safety mar-


Source sector 2009 Interim
ment tenance gin

Jefferson County, Ohio VOC Emissions

EGU Point ........................................................................................................................ 0.9 1.0 1.0 ....................


Non-EGU Point ................................................................................................................ 0.2 0.2 0.2 ....................
Area (Other) ..................................................................................................................... 3.1 2.9 2.9 ....................
Non-Road Mobile ............................................................................................................. 0.9 0.8 0.6 ....................
On-Road Mobile ............................................................................................................... 3.6 *2.6 *1.4 ....................
Marine-Air-Railroad .......................................................................................................... 0.1 0.1 0.1 ....................

Total Jefferson County ............................................................................................. 8.8 7.6 6.2 **2.6

Hancock and Brooke Counties, West Virginia VOC Emissions

EGU Point ........................................................................................................................ 0 0 0 ....................


Non-EGU Point ................................................................................................................ 4.8 4.3 5.3 ....................
Area (Other) ..................................................................................................................... 4.6 4.5 5.2 ....................
Non-Road Mobile (MAR included) ................................................................................... 1.5 1.2 1.0 ....................
On-Road Mobile ............................................................................................................... 2.6 *2.0 *1.0

Total Hancock and Brooke Counties ....................................................................... 13.5 12.0 12.5 **1.0

Total Steubenville-Weirton, WV-OH ......................................................................... 22.3 19.6 18.7 **3.6

* Includes15 percent mobile source budget increase as a safety margin. Actual projected 2018 on-road mobile source VOC emissions in Jef-
ferson County are 1.19 tons per day. In Brooke and Hancock Counties, the actual projected 2018 on-road mobile source VOC are 0.88 tons per
day.
** Difference between 2004 attainment year emissions and 2018 maintenance year emissions.

TABLE 5.—PROJECTED NOX EMISSIONS IN THE STEUBENVILLE-WEIRTON, WV-OH AREA


[tons/day]

2004 Attain- 2018 Main- Safety mar-


Source sector 2009 Interim
ment tenance gin

Jefferson County, Ohio NOX Emissions

EGU Point ........................................................................................................................ 148.8 60.8 41.0 ....................


Non-EGU Point ................................................................................................................ 5.9 5.6 5.4 ....................
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Area (Other) ..................................................................................................................... 0.2 0.2 0.2 ....................


Non-Road Mobile ............................................................................................................. 0.7 0.6 0.3 ....................
On-Road Mobile ............................................................................................................... 5.4 *4.1 *1.7 ....................
Marine-Air-Railroad .......................................................................................................... 1.5 1.4 1.3 ....................

Total Jefferson County ............................................................................................. 162.5 72.7 49.9 **112.6

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Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules 721

TABLE 5.—PROJECTED NOX EMISSIONS IN THE STEUBENVILLE-WEIRTON, WV-OH AREA—Continued


[tons/day]

2004 Attain- 2018 Main- Safety mar-


Source sector 2009 Interim
ment tenance gin

Hancock and Brooke Counties, West Virginia NOX Emissions

EGU Point ........................................................................................................................ 0 0 0 ....................


Non-EGU Point ................................................................................................................ 4.5 5.1 5.6 ....................
Area (Other) ..................................................................................................................... 4.8 4.9 5.2 ....................
Non-Road Mobile (MAR included) ................................................................................... 5.3 3.8 3.2 ....................
On-Road Mobile ............................................................................................................... 3.6 *2.8 *1.2 ....................

Total Hancock and Brooke Counties ....................................................................... 18.2 16.6 15.2 **3.0

Total Steubenville-Weirton, WV-OH ......................................................................... 180.7 89.3 65.1 **115.6

* Includes 15 percent mobile source budget increase as a safety margin. Actual projected 2018 on-road mobile source NO emissions in Jef-
X
ferson County are 1.45 tons per day. Actual projected 2018 on-road mobile source NOX emissions in Hancock and Brooke Counties are 0.94
tons per day.
** Difference between 2004 attainment year emissions and 2018 maintenance year emissions.

The Ohio EPA also notes that the supported by the fact that other states in threatened (Warning Level Response) or
State’s EGU NOX emissions control the eastern portion of the United States has actually occurred or appears to be
rules stemming from EPA’s NOX SIP call are also expected to further reduce very imminent (Action Level Response).
and Clean Air Interstate Rule (CAIR), to regional NOX emissions through A Warning Level Response will be
be implemented beyond 2006, will implementation of their ozone NOX triggered whenever an annual (1-year)
further lower NOX emissions in upwind emission control rules for EGUs and fourth-high monitored 8-hour ozone
areas, resulting in decreased ozone and other NOX sources through the concentration of 88 ppb occurs within
ozone precursor transport into Jefferson implementation of the NOX SIP call and the ozone maintenance area (within the
County and the Steubenville-Weirton, CAIR. Steubenville-Weirton, WV-OH area). A
WV-OH area. This will also support d. Contingency Plan. The contingency Warning Level Response will consist of
maintenance of the ozone standard in plan provisions of the CAA are designed a study to determine whether the ozone
this area, which particularly benefits to result in prompt correction or value indicates a trend toward higher
from the NOX SIP call and CAIR. These prevention of violations of the NAAQS ozone concentrations and/or whether
two regulations focus on utility that might occur after redesignation of emissions appear to be increasing. The
emissions in the Eastern United States an area to attainment of the NAAQS. study will evaluate whether the trend, if
and impose a permanent cap on overall Section 175A of the CAA requires that any, is likely to continue and, if so, the
emissions from affected sources. This a maintenance plan include such control measures necessary to reverse
cap is likely to minimize growth of this contingency measures as EPA deems the trend. This would involve taking
very important component of emissions necessary to assure that the State will into consideration ease and timing for
in the Steubenville-Weirton area. promptly correct a violation of the implementation, as well as economic
The emission projections for Jefferson NAAQS that might occur after and social considerations.
County and the Steubenville-Weirton, redesignation. The maintenance plan Implementation of necessary controls in
WV-OH area as a whole coupled with must identify the contingency measures response to a Warning Level Response
the expected impacts of the States’ EGU to be considered for possible adoption, will take place as expeditiously as
NOX rules and CAIR lead to the a schedule and procedure for adoption possible, but in no event later than 12
conclusion that Jefferson County and and implementation of the selected months from the conclusion of the most
the Steubenville-Weirton, WV-OH area contingency measures, and a time limit recent ozone season.
should maintain the 8-hour ozone for action by the State. The State should An Action Level Response will be
NAAQS throughout the required 10-year also identify specific indicators to be triggered whenever a two-year averaged
maintenance period and through 2018. used to determine when the annual fourth-high monitored 8-hour
The projected decreases in local VOC contingency measures need to be ozone concentration of 85 ppb or greater
and local and regional NOX emissions adopted and implemented. The occurs within the maintenance area. A
indicate that peak ozone levels in the maintenance plan must include a violation of the 8-hour ozone standard
Steubenville-Weirton, WV-OH area may requirement that the State will (three-year average fourth-high value of
actually further decline during the implement all measures with respect to 85 ppb or greater) will also prompt an
maintenance period. control of the pollutant(s) that were Action Level Response. In the event that
Based on the comparison of the included in the SIP before the an Action Level Response is triggered
projected emissions and the attainment redesignation of the area to attainment. and is not due to an exceptional event,
year emissions, we conclude that Ohio See section 175A(d) of the CAA. malfunction, or noncompliance with a
EPA has successfully demonstrated that As required by section 175A of the source permit condition or rule
the 8-hour ozone standard can be CAA, Ohio has adopted a contingency requirement, Ohio EPA will determine
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maintained in Jefferson County and in plan to address a possible future ozone the additional emission control
the Steubenville-Weirton, WV-OH area. air quality problem in the Steubenville- measures needed to assure future
We believe that this is especially likely Weirton, WV-OH area. The contingency attainment of the ozone NAAQS.
given the expected impacts of the NOX plan has two levels of actions/responses Emission control measures that can be
SIP call and CAIR. As noted by Ohio depending on whether a violation of the implemented in a short time will be
EPA, this conclusion is further 8-hour ozone standard is only selected in order to be in place within

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722 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules

18 months from the close of the ozone —Volatile organic liquid storage V. Has Ohio Adopted Acceptable Motor
season that prompted the Action Level —Industrial solvent cleaning Vehicle Emissions Budgets for the End
Response. Any new emission control Year of the Ozone Maintenance Plans
measure that is selected for —Offset lithography Which Can Be Used To Support
implementation will be given a public —Industrial surface coating; and, Conformity Determinations?
review. If a new emission control —Other sources with VOC emissions A. How Are the Motor Vehicle Emission
measure is already promulgated and greater than 50 tons per year; Budgets Developed and What Are the
scheduled to be implemented at the Motor Vehicle Emission Budgets for
Federal or State level and that emission • Revision of new source permitting
Jefferson County?
control measure is determined to be requirements to require more stringent
sufficient to address the upper trend in emissions control technology and/or Under the CAA, states are required to
peak ozone concentrations, additional greater emissions offsets; submit, at various times, SIP revisions
local measures may be unnecessary. and ozone maintenance plans for
• NOX RACT, with the following
Ohio EPA will submit to the EPA an applicable areas (for ozone
being potential source categories nonattainment areas and for areas
analysis to demonstrate that the covered by such RACT requirements:
proposed emission control measures are seeking redesignations to attainment of
adequate to reverse the upward trend in —EGUs the ozone standard or revising existing
peak ozone concentrations and to ozone maintenance plans). These
—Asphalt batching plants
maintain the 8-hour ozone standard in emission control SIP revisions (e.g.
—Industrial/commercial and reasonable further progress and
the Steubenville-Weirton, WV-OH area.
institutional boilers attainment demonstration SIP
The selection of emission control
measures will be based on cost- —Process heaters revisions), including ozone maintenance
effectiveness, emission reduction plans, must create MVEBs based on on-
—Internal combustion engines
potential, economic and social road mobile source emissions that are
—Combustion turbines allocated to highway and transit vehicle
considerations, or other factors that the
Ohio EPA and West Virginia —Other sources with NOX emissions use that, together with emissions from
Department of Environmental Protection exceeding 100 tons per year; other sources in the area, will provide
(WVDEP) deem to be appropriate. for attainment or maintenance of the
• Transportation measures such as ozone NAAQS.
Selected emission control measures will trip reduction programs, traffic flow and Under 40 CFR part 93, MVEBs for an
be subjected to public review and the transit improvements. The selected area seeking a redesignation to
States will seek public input prior to transportation measure would need to attainment of the NAAQS are
selecting new emission control achieve at least a half a percent established for the last year of the
measures. maintenance plan (for the maintenance
reduction in actual area wide VOC
The State of Ohio ozone redesignation demonstration year). The MVEBs serve
emissions.
request lists the following possible as ceilings on mobile source emissions
emission control measures as • Alternative fuel and diesel retrofit
programs for fleet vehicle operations. from an area’s planned transportation
contingency measures in the ozone system and are used to test planned
maintenance portion of the State’s • Require VOC or NOX emissions transportation system changes or
submittal: offsets for new and modified major and/ projects to assure compliance with the
• Lower Reid vapor pressure gasoline or minor sources. emission limits assumed in the SIP. The
program;
• Increase the ratio of emissions MVEB concept is further explained in
• Tighten RACT on existing sources the preamble to the November 24, 1993,
offsets required for new sources.
covered by U.S. EPA Control Technique transportation conformity rule (58 FR
Guidleines issued in response to the • Require VOC or NOX controls on
62188). The preamble also describes
1990 CAA; new minor sources (less than 100 tons).
how to establish the MVEBs in the SIP
• Extension of Reasonably Available No contingency measure will be and how to revise the MVEBs if needed.
Control Techniques (RACT) implemented without the State Under section 176(c) of the CAA, new
requirements to include source providing the opportunity for full public transportation projects, such as the
categories previously excluded. New participation and review. construction of new highways, must
VOC RACT rules could be adopted for ‘‘conform’’ to (i.e., be consistent with)
the following source categories: e. Provisions for a Future Update of
the Ozone Maintenance Plan. As the part of the SIP that addresses
—Consumer products required by section 175A(b) of the CAA, emissions from cars, trucks, and other
—Architectural and industrial the State commits to submit to the EPA on-roadway vehicles. Conformity to the
maintenance coatings an update of the ozone maintenance SIP means that transportation activities
—Stage I gasoline dispensing facilities will not cause new air quality standard
plan eight years after redesignation of
(including pressure valves) violations, or delay timely attainment of
Jefferson County to attainment of the 8-
—Automobile refinishing the NAAQS. If a transportation plan
hour ozone NAAQS. The updated
—Cold cleaner degreasers does not conform, most new
maintenance plan will provide for
—Portable fuel containers transportation projects that would
maintenance of the 8-hour ozone
—Synthetic organic compound expand the capacity of the roadways
manufacturing standard in Jefferson County and the
cannot go forward. Regulations at 40
—Organic compound batch processes Steubenville-Weirton, WV-OH area for
CFR part 93 set forth EPA’s policy,
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—Wood manufacturing an additional 10 years beyond the


criteria, and procedures for
—Industrial wastewater period covered by the initial ozone
demonstrating and assuring conformity
—Aerospace industry maintenance plan. of transportation activities to a SIP.
—Ship building We find Ohio’s ozone maintenance When reviewing SIP revisions
—Bakeries demonstration and contingency plan containing MVEBs, including
—Plastic parts coating acceptable. attainment strategies, rate-of-progress

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Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules 723

plans, and maintenance plans, EPA proposed approval of the NOX and VOC source emissions for 2018 contained in
must affirmatively find that the MVEBs MVEBs for the West Virginia portion of the demonstration of maintenance, the
are ‘‘adequate’’ for use in determining the Steubenville-Weirton area in the increase in on-road mobile source
transportation conformity. Once EPA Federal Register (71 FR 57905) on emissions considered for transportation
finds the submitted MVEBs to be October 2, 2006. The Jefferson County conformity purposes is well within the
adequate for transportation conformity ozone maintenance plan contains VOC safety margins of the ozone maintenance
purposes, the MVEBs are used by state and NOX MVEBs for 2009 and 2018. demonstration.
and Federal agencies in determining EPA has reviewed these MVEBs for
whether proposed transportation Jefferson County and finds that they C. Are the MVEBs Approvable?
projects conform to the SIPs as required meet the adequacy criteria in the The VOC and NOX MVEBs for
by section 176(c) of the CAA. EPA’s Transportation Conformity Rule. Jefferson County including the
substantive criteria for determining the Furthermore, EPA, through this additional safety margin are approvable
adequacy of MVEBs are specified in 40 rulemaking, is proposing to approve the because they maintain the total
CFR 93.118(e)(4). MVEBs for use to determine emissions for Jefferson County at or
EPA’s process of determining transportation conformity in Jefferson below the attainment year emission
adequacy of MVEBs consists of three County. EPA has determined that the inventory levels, as required by the
basic steps: (1) Providing public budgets are consistent with the control transportation conformity regulations.
notification of a SIP submission; (2) measures and future emissions
providing the public the opportunity to projected in the SIP and that Jefferson VI. What Are the Effects of EPA’s
comment on the MVEBs during a public County and the Steubenville-Weirton, Proposed Actions?
comment period; and, (3) making a WV-OH area can maintain attainment of
finding of adequacy. The process of Approval of the redesignation request
the 8-hour ozone NAAQS for the
determining the adequacy of submitted would change the designation of
relevant required 10-year period with
SIP MVEBs was initially outlined in Jefferson County for the 8-hour ozone
mobile source emissions at the levels of
EPA’s May 14, 1999, guidance, the MVEBs. Table 2 contains the 2009 NAAQS, found at 40 CFR part 81, from
‘‘Conformity Guidance on and 2018 VOC and NOX MVEBs for nonattainment to attainment. It would
Implementation of March 2, 1999, Jefferson County. Ohio EPA decided to also incorporate into the Ohio SIP a
Conformity Court Decision.’’ This include 15 percent safety margins in the plan for maintaining the ozone NAAQS
guidance was finalized in the MVEBs to provide for mobile source through 2018. The maintenance plan
Transportation Conformity Rule growth not anticipated in the projected includes a list of potential contingency
Amendments for the ‘‘New 8-Hour 2018 emissions. measures to remedy possible future
Ozone and PM2.5 National Ambient Air Ohio EPA has demonstrated that violations of the 8-hour ozone NAAQS.
Quality Standards and Miscellaneous Jefferson County and the Steubenville- It establishes NOX MVEBs of 4.10 tons
Rule Amendments—Response to Court Weirton, WV-OH area can maintain the per day and 1.67 tons per day for 2009
Decision and Additional Rule Change’’ 8-hour ozone NAAQS with mobile and 2018, respectively. The plan
published on July 1, 2004 (69 FR source emissions at the levels of the establishes VOC MVEBs of 2.63 tons per
40004). EPA follows this guidance and MVEBs since total source emissions, day and 1.37 tons per day for 2009 and
rulemaking in making its adequacy even with the increased mobile source 2018, respectively.
determinations. emissions, will remain under the VII. Statutory and Executive Order
The Transportation Conformity Rule, attainment year levels in both Jefferson Reviews
in 40 CFR 93.118(f), provides for County and the West Virginia portion of
adequacy findings through two the Steubenville-Weirton area. Executive Order 12866: Regulatory
mechanisms. First, 40 CFR 93.118(f)(1) Planning and Review
provides for posting a notice to the EPA B. What Is a Safety Margin?
A ‘‘safety margin’’ is the difference Under Executive Order 12866 (58 FR
conformity Web site at: http://
between the attainment level of 51735, September 30, 1993), this action
www.epa.gov/otaq/stateresources/
emissions (from all sources) and the is not a ‘‘significant regulatory action’’
transconf/adequacy.htm and providing
projected level of emissions (from all and therefore is not subject to review by
a 30-day public comment period.
sources) in the maintenance plan for a the Office of Management and Budget.
Second, a mechanism is described in 40
CFR 93.118(f)(2) which provides that future maintenance year. As noted in Paperwork Reduction Act
EPA can review the adequacy of an Tables 4 and 5 above, Jefferson County
implementation plan submission VOC and NOX emissions are projected This proposed rule does not impose
simultaneously with its review of the to have safety margins of 2.6 tons per an information collection burden under
implementation plan itself. In this day for VOC and 112.6 tons per day for the provisions of the Paperwork
notice, EPA is reviewing the adequacy NOX in 2018 (the differences between Reduction Act of 1995 (44 U.S.C. 3501
of the Jefferson County motor vehicle the 2004, attainment year, and 2018 et seq.).
emission budgets as part of the review VOC and NOX emissions for all sources Regulatory Flexibility Act
and proposal on the overall ozone in Jefferson County).
maintenance plan. The State of Ohio The MVEBs requested by Ohio EPA This proposed action merely proposes
had previously requested parallel contain safety margins (selected by the to approve state law as meeting Federal
processing and the expediency of this State) significantly smaller than the requirements and imposes no additional
review process is best suited to safety margins reflected in the total requirements beyond those imposed by
following the 40 CFR 93.118(f)(2) emissions for Jefferson County. The state law. Accordingly, the
sroberts on PROD1PC70 with PROPOSALS

mechanism. State is not requesting allocation of the Administrator certifies that this
Ohio and West Virginia are managing entire available safety margins actually proposed rule will not have a significant
mobile source emissions in the reflected in the demonstration of economic impact on a substantial
Steubenville-Weirton area by maintenance. Therefore, even though number of small entities under the
establishing separate MVEBs for their the State is requesting MVEBs that Regulatory Flexibility Act (5 U.S.C. 601
respective portions of this area. EPA has exceed the projected on-road mobile et seq.).

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724 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules

Unfunded Mandates Reform Act National Technology Transfer amendments for the Standards of
Advancement Act Performance for Equipment Leaks of
Because this rule proposes to approve VOC in the Synthetic Organic
pre-existing requirements under state Section 12(d) of the National
Technology Transfer and Advancement Chemicals Manufacturing Industry;
law and does not impose any additional Standards of Performance for
enforceable duty beyond that required Act of 1995 (NTTAA), 15 U.S.C. 272,
requires Federal agencies to use Equipment Leaks of VOC in Petroleum
by state law, it does not contain any Refineries, published on November 7,
technical standards that are developed
unfunded mandate or significantly or 2006, is being extended until February
or adopted by voluntary consensus to
uniquely affect small governments, as 8, 2007.
carry out policy objectives, so long as
described in the Unfunded Mandates DATES: Comments. Comments on the
such standards are not inconsistent with
Reform Act of 1995 (Pub. L. 104–4). applicable law or otherwise impractical. proposed amendments published on
Executive Order 13132: Federalism In reviewing SIP submissions, EPA’s November 7, 2006 (71 FR 65302) must
role is to approve state choices, be received on or before February 8,
This action also does not have provided that they meet the criteria of 2007.
Federalism implications because it does the Clean Air Act. Absent a prior ADDRESSES: Submit your comments,
not have substantial direct effects on the existing requirement for the state to use identified by Docket ID No. EPA–HQ–
states, on the relationship between the voluntary consensus standards, EPA has OAR–2006–0699, by one of the
national government and the states, or no authority to disapprove a SIP following methods:
on the distribution of power and submission for failure to use such • www.regulations.gov: Follow the
responsibilities among the various standards, and it would thus be on-line instructions for submitting
levels of government, as specified in inconsistent with applicable law for comments.
Executive Order 13132 (64 FR 43255, EPA to use voluntary consensus • E-mail: a-and-r-docket@epa.gov.
August 10, 1999). This action merely standards in place of a program • Fax: (202) 566–1741.
proposes to approve a state rule submission that otherwise satisfies the • Mail: U.S. Postal Service, send
implementing a federal standard, and provisions of the Clean Air Act. comments to: Air and Radiation Docket
does not alter the relationship or the Therefore, the requirements of section (6102T), Docket No. EPA–HQ–OAR–
distribution of power and 12(d) of the NTTA do not apply. 2006–0699, Environmental Protection
responsibilities established in the Clean Agency, 1200 Pennsylvania Ave., NW.,
List of Subjects Washington, DC 20460. Please include a
Air Act.
40 CFR Part 52 total of two copies. In addition, please
Executive Order 13175: Consultation mail a copy of your comments on the
Environmental protection, Air
and Coordination With Indian Tribal information collection provisions to the
pollution control, Intergovernmental
Governments Office of Information and Regulatory
relations, Nitrogen dioxide, Ozone,
Affairs, Office of Management and
This proposed rule also does not have Volatile organic compounds.
Budget (OMB), Attn: Desk Officer for
tribal implications because it will not 40 CFR Part 81 EPA, 725 17th St., NW., Washington, DC
have a substantial direct effect on one or 20460.
Environmental protection, Air
more Indian tribes, on the relationship
pollution control, National parks, • Hand Delivery: In person or by
between the Federal Government and courier, deliver comments to: Air and
Wilderness areas.
Indian tribes, or on the distribution of Radiation Docket (6102T), EPA West,
power and responsibilities between the Dated: December 21, 2006. Room B–102, 1301 Constitution Ave.,
Federal Government and Indian tribes, Bharat Mathur, NW., Washington, DC 20004. Such
as specified by Executive Order 13175 Acting Regional Administrator, Region 5. deliveries are only accepted during the
(65 FR 67249, November 9, 2000). [FR Doc. E6–22617 Filed 1–5–07; 8:45 am] Docket’s normal hours of operation, and
BILLING CODE 6560–50–P special arrangements should be made
Executive Order 13045: Protection of for deliveries of boxed information.
Children From Environmental Health Please include a total of two copies.
and Safety Risks ENVIRONMENTAL PROTECTION Instructions: Direct your comments to
This proposed rule also is not subject AGENCY Docket ID No. EPA–HQ–OAR–2006–
to Executive Order 13045 ‘‘Protection of 0699. The EPA’s policy is that all
40 CFR Part 60 comments received will be included in
Children from Environmental Health
[EPA–HQ–OAR–2006–0699; FRL–8266–9] the public docket without change and
Risks and Safety Risks’’ (62 FR 19885,
may be made available online at
April 23, 1997), because it is not RIN 2060–AN71 www.regulations.gov, including any
economically significant.
personal information provided, unless
Standards of Performance for
Executive Order 13211: Actions That the comment includes information
Equipment Leaks of VOC in the
Significantly Affect Energy Supply, claimed to be confidential business
Synthetic Organic Chemicals
Distribution, or Use information (CBI) or other information
Manufacturing Industry; Standards of
whose disclosure is restricted by statute.
Because it is not a ‘‘significant Performance for Equipment Leaks of
Do not submit information that you
regulatory action’’ under Executive VOC in Petroleum Refineries
consider to be CBI or otherwise
Order 12866 or a ‘‘significant regulatory AGENCY: Environmental Protection protected through www.regulations.gov
sroberts on PROD1PC70 with PROPOSALS

action,’’ this action is also not subject to Agency (EPA). or e-mail. The www.regulations.gov
Executive Order 13211, ‘‘Actions ACTION: Proposed rule; extension of website is an ‘‘anonymous access’’
Concerning Regulations That public comment period. system, which means EPA will not
Significantly Affect Energy Supply, know your identity or contact
Distribution, or Use’’ (66 FR 28355, May SUMMARY: EPA is announcing that the information unless you provide it in the
22, 2001). comment period on the proposed rule body of your comment. If you send an

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