Approval and Promulgation of Implementation Plans Florida: Jacksonville Area Maintenance Plan Update

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: July 22, 2003 (Volume 68, Number 140)]
[Rules and Regulations]
[Page 43312-43316]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy03-15]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FL-92-200324(a); FRL-7534-2]

Approval and Promulgation of Implementation Plans Florida:
Jacksonville Area Maintenance Plan Update

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the State Implementation
Plan (SIP) submitted by the Florida Department of Environmental
Protection (FDEP) on December 20, 2002. This SIP revision satisfies the
requirement of the Clean Air Act (CAA) for the second 10-year update
for the Jacksonville area (Duval County) 1-hour ozone maintenance plan.

DATES: This direct final rule is effective September 22, 2003 without
further notice, unless EPA receives adverse comment by August 21, 2003.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Comments may be submitted by mail to: Heidi LeSane,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Comments
may also be submitted electronically, or through hand delivery/courier.
Please follow the detailed instructions described in (Part (I)(B)(1)(i)
though (iii)) of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Air, Pesticides & Toxics
Management Division, Air Planning Branch, Regulatory Development
Section, Environmental Protection Agency Region 4, Atlanta Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Mrs.
LeSane's phone number is 404-562-9035. She can also be reached via
electronic mail at lesane.heidi@epa.gov or Lynorae Benjamin, Air,
Pesticides & Toxics Management Division, Air Planning Branch, Air
Quality Modeling & Transportation Section, Environmental Protection
Agency Region 4, Atlanta Federal Center, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Ms. Benjamin's phone number is 404-562-
9040. She can also be reached via electronic mail at
benjamin.lynorae@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under FL-92-200324. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. The official public rulemaking
file is the collection of materials that is available for public
viewing at the Regulatory Development Section, Air Planning Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 9:00 to 3:30 excluding federal
holidays.
2. Copies of the State submittal and EPA's technical support
document are also available for public inspection during normal
business hours, by appointment, at the State Air Agency. Florida
Department of Environmental Protection, Twin Towers Office Building,
2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
3. Electronic Access. You may access this Federal Register document
electronically through the Regulations.gov web site located at http://
www.regulations.gov where you can find, review, and submit
comments on Federal rules that have been published in the Federal
Register, the Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or on paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.

B. How and to Whom Do I Submit Comments?

You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking FL-92-200324'' in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
lesane.heidi@epa.gov. Please include the text ``Public comment on
proposed rulemaking FL-92-200324'' in the subject line. EPA's e-mail
system is not an ``anonymous access'' system. If you send an e-mail
comment directly without going through Regulations.gov, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are

[[Page 43313]]

included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then select
Environmental Protection Agency at the top of the page and use the go
button. The list of current EPA actions available for comment will be
listed. Please follow the online instructions for submitting comments.
The system is an ``anonymous access'' system, which means EPA will not
know your identity, e-mail address, or other contact information unless
you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: Heidi LeSane, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Please include the
text ``Public comment on proposed rulemaking FL-92-200324'' in the
subject line on the first page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: Heidi
LeSane, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, 12th floor, U.S.
Environmental Protection Agency Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 9 to 3:30
excluding federal holidays.

C. How Should I Submit CBI to the Agency?

Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.

II. Background

The air quality maintenance plan is a requirement of the 1990 Clean
Air Act Amendments for nonattainment areas that come into compliance
with the national ambient air quality standard (NAAQS). The
Jacksonville Area (Duval County) was designated as nonattainment for
the 1-hour ozone NAAQS prior to the 1990 Clean Air Act Amendment.
However, for the 3-year period, (1987 through 1989), air quality
measurements for the Jacksonville Area showed compliance with the 1-
hour ozone NAAQS. The area continued to attain the 1-hour ozone
standard and the State requested that the EPA redesignate the
Jacksonville area attainment for the 1-hour ozone standard on June 23,
1993. Included with this request was a 10-year air quality maintenance
plan covering the years 1995 to 2005. This plan was developed in
accordance with the appropriate guidelines. The EPA published a Federal
Register notice approving this plan on January 3, 1995, and it became
effective on March 6, 1995 (60 FR 41).
Subsequent revisions to this maintenance plan have been made. The
current plan was approved by the EPA on April 24, 2003, and became
effective on May 27, 2003 (68 FR 20072) . Up to this point, FDEP has
revised the original plan to update emissions inventories reflecting
more accurate emission estimates, to define specific Motor Vehicle
Emissions Budgets (MVEB), to remove the motor vehicle inspection
program (MVIP) credits, and to allocate a portion of the safety margin
to the MVEB (66 FR 40137). This SIP revision satisfies the requirement
of the Clean Air Act (CAA) for the second 10-year update for the
Jacksonville area 1-hour ozone maintenance plan. Changes to the current
maintenance plan include revisions to the emissions inventory for both
on-road and non-road mobile sources, reflecting improved methodologies
contained in the MOBILE6 and NONROAD emission models. New emissions
data for both the base year (attainment year) and the projected years
(2005 and 2015) are calculated. Also, updated MVEB in support of the
transportation conformity process, are defined for volatile organic
compounds (VOC) and nitrogen oxides (NO_X) for the county.
The updated budgets for 2005 replace previous MVEB contained in the
first maintenance plan, which were based on an older emissions estimate
using MOBILE5 emission factors for on-road motor vehicles.
Additionally, this maintenance plan update provides new MVEB for the
year 2015. EPA has determined that the MVEB in the SIP are adequate for
transportation conformity purposes. The availability of the SIP with
MVEB for 2015 was placed on EPA's adequacy web page on January 7, 2003.
No request for this SIP submittal or adverse comments were received by
the end of the public comment period on February 7, 2003. In this
action, EPA finds the 2015 MVEB adequate for transportation conformity,
and is proposing to approve the MVEB for 2005 and 2015. Note, since the
2005 MVEB are replacing existing MVEB, these budgets are not subject to
EPA's Adequacy process.

III. Analysis of State's Submittal

On December 20, 2002, the FDEP submitted revisions to Florida
State's Implementation Plan for the new ten-

[[Page 43314]]

year maintenance plan to provide a 10-year extension to the maintenance
plan as required by section 175A(b) of the CAA as amended in 1990. The
underlying strategy of the maintenance plan is to maintain compliance
with the 1-hour ozone standard by assuring that current and future
emissions of VOC and NO_X remain at or below attainment year
emission levels. The estimated emissions of ozone precursors (i.e.,VOC
and NO_X) for the Jacksonville Area during the 1990 ozone
season are provided in the following table.

Projected Emissions--Volatile Organic Compounds
[Tons per day]
----------------------------------------------------------------------------------------------------------------
1990 base
VOC Category year 2005 2015
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Duval....................... Stationary Point.............................. 15.6 7.6 9.1
Stationary Area............................... 51.3 45.2 52.2
On-Road Mobile................................ 96.2 33.3 17.9
Non-Road Mobile............................... 22.5 17.4 14.0
Biogenic...................................... 126.7 126.7 126.7
-------------------------------------------------
Total................... .............................................. 312.3 230.3 219.9
=================================================
Safety Margin............... Calculated as 1990 base-year minus projected .......... 82 92.4
year total.
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Nitrogen Oxides
[Tons per day]
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1990 base
NO_X Category year 2005 2015
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Duval........................................... Stationary Point................................................. 101.2 104.8 120.4
Stationary Area.................................................. 8.4 2.8 3
On-Road Mobile................................................... 81.0 55.5 22.6
Non-Road Mobile.................................................. 28.1 31.3 26.1
Biogenic......................................................... 0.3 0.3 0.3
--------------------------------------------------------------------
Total....................................... ................................................................. 218.9 194.7 172.4
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Safety Margin................................... Calculated as 1990 base-year minus projected year total.......... .......... 24.2 46.5
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Motor Vehicle Emissions Budgets
Section 176(c) of the CAA, 42 U.S.C. 7506(c), states that
transportation plans, programs, and projects must conform to an
approved implementation plan. Pursuant to 40 CFR part 93, subpart T,
the Transportation Conformity Rule, Sec. 51.456(b), a specific
emissions budget is defined for VOC and NO_X for the
Jacksonville area. The MVEB, based on the on-road mobile sources, are
to be used by the local metropolitan planning organizations and
transportation authorities to assure that transportation plans,
programs, and projects are consistent with, and conform to, the long
term maintenance of acceptable air quality in the Jacksonville Area.
The MVEB are defined for the county, for 2005 and 2015, in the
state's submittal. The values, for both years, are equal to the 2005
on-road mobile source projected level of emissions plus a buffer of 24
percent. This buffer, which is an allocation from the safety margin,
accounts for uncertainty in the projections and is available because of
significant reductions of VOC and NO_X that have occurred,
and are projected to occur, primarily from mobile sources. The MVEB are
constrained in each of the budget years to assure that the total
emissions (i.e., all source categories) do not exceed the 1990
attainment year emissions. In no case are the projected total emissions
(i.e., all source categories and including the allocation from the
safety margin to the on-road mobile source category), for any year,
greater than the attainment year emissions totals for either VOC or
NO_X. Under 40 CFR 93.101 the term safety margin is the
difference between the attainment level (from all sources) and the
projected level of emissions (from all sources) in the maintenance
plan. The attainment level of emissions is the level of emissions
during one of the years in which the area met the air quality health
standard. The safety margin credit can be allocated to the
transportation sector, however the total emission level must stay below
the attainment level. The following table defines the MVEB for
Jacksonville Area.

MVEB
[Tons per day]
------------------------------------------------------------------------
County Pollutant 2005 2015
------------------------------------------------------------------------
Duval................................ VOC 41.6 41.6
NO_X 68.8 68.8
------------------------------------------------------------------------

For the year 2005, the safety margin was 82 tpd for VOC and 24.2
tpd for NO_X. After partial allocation of the safety margin
to the MVEB, the remaining safety margins are 73.7 tpd for VOC and 10.4
tpd for NO_X. In 2015, the safety margin was 92.4 tpd for VOC
and 46.5 tpd for NO_X. After partial allocation of the safety
margin to the MVEB, the remaining safety margins are now 68.7 tpd for
VOC and 0.3 tpd for NO_X.

IV. Final Action

EPA is approving the aforementioned changes to the State of Florida
SIP because they are consistent with the CAA and EPA policy. The EPA is
publishing this rule without prior proposal because the Agency views
this as a noncontroversial submittal and

[[Page 43315]]

anticipates no adverse comments. However, in the proposed rules section
of this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision
should adverse comments be filed. This rule will be effective September
22, 2003 without further notice unless the Agency receives adverse
comments by August 21, 2003.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on September 22, 2003 and
no further action will be taken on the proposed rule. Please note that
if we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 22, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

Dated: July 9, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

? Part 52 of chapter I, title 40, Code of Federal Regulations, is amended
as follows:

PART 52--[AMENDED]

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

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

Subpart K--Florida

? 2. Section 52.520(e), is amended by revising the entry for ``Revision
to Maintenance Plan for Jacksonville, Florida Area'' to read as
follows:

Sec. 52.520 Identification of plan.

* * * * *
(e) * * *

[[Page 43316]]

EPA-Approved Florida Non-Regulatory Provisions
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Provision State effective date EPA approval date Federal Register notice Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Revision to Maintenance Plan December 20, 2002................ July 22, 2003............ [Insert citation of publication]...
Update for Jacksonville Area,
Florida.
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[FR Doc. 03-18500 Filed 7-21-03; 8:45 am]
BILLING CODE 6560-50-P

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Approval and Promulgation of Implementation Plans Florida: Jacksonville Area Maintenance Plan Update

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