[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Proposed Rules]
[Pages 53605-53615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17819]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R05-OAR-2005-IN-0006; FRL-7965-7]
Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Indiana; Redesignation of the Evansville Area to Attainment
of the 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On June 2, 2005, the State of Indiana, through the Indiana
Department of Environmental Management (IDEM), submitted: A request for
the EPA to redesignate the area of Evansville (Vanderburgh and Warrick
Counties) from nonattainment to attainment of the 8-hour ozone National
Ambient Air Quality Standard (NAAQS); and a request for EPA approval of
an Indiana State Implementation Plan (SIP) revision containing a 10-
year maintenance plan for the Evansville area. EPA is proposing to
approve the State's request to redesignate the Evansville area to
attainment of the 8-hour ozone NAAQS. EPA's proposed approval of the
redesignation request is based on the determination that the Evansville
area and the State of Indiana have met the criteria for redesignation
to attainment specified in the Clean Air Act (CAA), including the
determination that the Evansville area has attained the 8-hour ozone
standard. In conjunction with the proposed approval of the
redesignation request for the Evansville area, EPA is proposing to
approve the State's plan to maintain the attainment of the 8-hour ozone
NAAQS through 2015 in this area as a revision to the Indiana SIP. EPA
is also proposing to approve 2015 Volatile Organic Compounds (VOC) and
Oxides of Nitrogen (NOX) Motor Vehicle Emissions Budgets
(MVEBs), which are supported by and consistent with the 10-year
maintenance plan for this area, for purposes of transportation
conformity.
DATES: Comments must be received on or before October 11, 2005.
ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R05-OAR-2005-IN-0006, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comments system, is EPA's preferred method
for receiving comments. Once in the system, select quick search, then
key in the appropriate RME Docket identification number. Follow the on-
line instructions for submitting comments.
E-mail: [email protected].
Fax: (312) 886-5824.
Mail: You may send written comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604. 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, 8:30 a.m. to 4:30 p.m.
excluding Federal holidays.
Instructions: Direct your comments to RME ID No. R05-OAR-2005-IN-
0006. EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided, and may be made available online at http://docket.epa.gov/rmepub/, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise
protected through RME, regulations.gov, or e-mail. The EPA RME Web site
and the Federal regulations.gov Web site are ``anonymous access''
systems, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through RME or
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in RME
or in hard copy at Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
We recommend that you telephone Edward Doty, Environmental Scientist,
at (312) 886-6057, before visiting the Region 5 office. This Facility
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6057, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. EPA's Proposed Actions
A. What Actions Is EPA Proposing to Take?
B. Do These Actions Apply to Me?
C. What Is the Background for These Proposed Actions?
II. What Are the Criteria for Redesignation to Attainment?
III. What Is the Effect of EPA's Actions?
IV. What Is EPA's Analysis of the State's Request?
V. Has Indiana Adopted Acceptable Motor Vehicle Emissions Budgets
for the End of the 10-Year Maintenance Plan (for 2015) Which Can Be
Used to Support Conformity Determinations?
A. How Are the MVEBs Developed and What Are the MVEBs for the
Evansville Area?
B. What Is a Safety Margin?
C. Are the MVEBs Approvable?
VI. Statutory and Executive Order Reviews
[[Page 53606]]
I. EPA's Proposed Actions
A. What Actions Is EPA Proposing to Take?
EPA is proposing to take two related actions. First, EPA is
proposing to determine that the Evansville, Indiana ozone nonattainment
area (Vanderburgh and Warrick Counties) has attained the 8-hour ozone
NAAQS, and that it has met the requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is, therefore, proposing to
approve a request from the State of Indiana to change the designation
of the Evansville area from nonattainment to attainment for the 8-hour
ozone NAAQS.
Second, EPA is proposing to approve Indiana's ozone maintenance
plan, as a requested SIP revision, for this area. The maintenance plan
is designed to keep the Evansville area in attainment of the 8-hour
ozone NAAQS for the next 10 years, through 2015. As supported by and
consistent with the ozone maintenance plan, EPA is proposing to approve
the 2015 VOC and NOX MVEBs for the Evansville area for
conformity purposes.
B. Do These Actions Apply to Me?
These proposed actions pertain to the designation of the Evansville
area for the 8-hour ozone NAAQS and to the emission controls in this
area and in its upwind environs related to attainment and maintenance
of the 8-hour ozone NAAQS. The emissions of concern are VOC and
NOX. If you own or operate a VOC or NOX emissions
source in the Evansville area or live in this area, this proposed rule
may impact or apply to you. It may also impact you if you are involved
in transportation planning or implementation of emission controls in
the Evansville area.
C. What Is the Background for These Proposed Actions?
EPA has determined that ground-level ozone is detrimental to human
health. On July 18, 1997, the EPA promulgated an 8-hour ozone NAAQS (62
FR 38856) of 0.08 parts per million parts of air (0.08 ppm) (80 parts
per billion (ppb)).\1\ This 8-hour ozone standard replaces a prior 1-
hour ozone NAAQS, which had been promulgated on February 8, 1979 (44 FR
8202), and which was revoked on June 15, 2005. Ground-level ozone is
not emitted directly by sources. Rather, emitted NOX and VOC
react in the presence of sunlight to form ground-level ozone along with
other secondary compounds. NOX and VOC are referred to as
``ozone precursors.''
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\1\ This standard is violated in an area when any ozone monitor
in the area (or in its impacted downwind environs) records 8-hour
ozone concentrations with an average of the annual fourth-highest
daily maximum 8-hour ozone concentrations over a three-year period
equaling or exceeding 85 ppb.
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The CAA required EPA to designate as nonattainment any area that
violated the 8-hour ozone NAAQS based on the three most recent years of
air quality data (2001-2003 ozone data were considered for the initial
8-hour ozone designations). The Federal Register notice making these
designations was signed on April 15, 2004, and was published on April
30, 2004 (69 FR 23857).
The CAA contains two sets of provisions--subpart 1 and subpart 2--
that address planning and emission control requirements for
nonattainment areas. (Both are found in title I, part D of the CAA.)
Subpart 1 contains general, less prescriptive requirements for
nonattainment areas for any pollutant, including ozone, governed by any
NAAQS, and applies to all nonattainment areas. Subpart 2 contains more
specific requirements for certain ozone nonattainment areas, and
applies to ozone nonattainment areas classified under section 181 of
the CAA. Subpart 1 nonattainment areas, those areas not classified
under section 181 of the CAA, are subject only to the provisions of
subpart 1. Subpart 2 nonattainment areas, however, are subject to the
provisions of subpart 2, as well as to provisions of subpart 1 (many of
the requirements in subpart 1 are superseded by the more stringent
requirements of subpart 2).
In the April 30, 2004 designation rulemaking, EPA divided 8-hour
ozone nonattainment areas into the categories of subpart 1
nonattainment and subpart 2 nonattainment based on their 8-hour ozone
design values (i.e., the three-year average annual fourth-highest daily
maximum 8-hour ozone concentrations at the worst-case monitoring sites
in the designated areas) and their 1-hour ozone design values (i.e.,
the fourth-highest daily maximum 1-hour ozone concentrations over the
three-year period at the worst-case monitoring sites in the designated
areas).\2\ 8-hour ozone nonattainment areas with 1-hour ozone design
values equaling or exceeding 121 ppb were designated as classified
nonattainment areas (as nonattainment areas required to meet the
requirements of subpart 2 of the CAA). All other 8-hour nonattainment
areas were designated as basic nonattainment areas (as ozone
nonattainment areas required to meet the requirements of subpart 1
only).
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\2\ The 8-hour ozone design value and 1-hour ozone design value
for each area were not necessarily recorded at the same monitoring
site. The worst-case monitoring site for each concentration
averaging time was considered for each area.
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In the April 30, 2004 designation/classification rulemaking, the
Evansville area was designated as nonattainment for the 8-hour ozone
standard, and was identified as a subpart 1 nonattainment area.\3\ This
designation was based on ozone data collected in the Evansville area
during the 2001-2003 period.
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\3\ Because this area was not violating the 1-hour ozone NAAQS,
with a 1-hour ozone design value below the 121 ppb cutoff, at the
time of the promulgation of the 8-hour ozone designations and
classifications, EPA determined that this area should be addressed
through the less prescriptive requirements of subpart 1 of the Clean
Air Act rather than through the more prescriptive requirements of
subpart 2 of the Clean Air Act.
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On June 2, 2005, the State of Indiana requested redesignation of
the Evansville area to attainment for the 8-hour ozone NAAQS based on
ozone data collected during the 2002-2004 period. Today's proposed rule
addresses this redesignation request.
II. What Are the Criteria for Redesignation to Attainment?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) allows for
redesignation provided that: (1) The Administrator determines that the
area has attained the applicable NAAQS; (2) the Administrator has fully
approved an applicable SIP for the area under section 110(k) of the
CAA; (3) the Administrator determines that the improvement in air
quality is due to permanent and enforceable emissions reductions
resulting from implementation of the applicable SIP, applicable Federal
air pollution control regulations, and other permanent and enforceable
emissions reductions; (4) the Administrator has fully approved a
maintenance plan for the area as meeting the requirements of section
175A of the CAA; and, (5) the state containing the area has met all
requirements applicable to the area under section 110 and part D of the
CAA.
EPA provided guidance on redesignation in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990 on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070). EPA provided further guidance on processing
redesignation requests in the following documents:
``Ozone and Carbon Monoxide Design Value Calculations,'' Memorandum
from Bill Laxton, June 18, 1990;
``Maintenance Plans for Redesignation of Ozone and Carbon Monoxide
[[Page 53607]]
Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, April 30, 1992;
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992;
``State Implementation Plan (SIP) Actions Submitted in Response to
Clean Air Act (Act) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSD's) for Redesignation of Ozone and
Carbon Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
``State Implementation Plan (SIP) Requirements for Areas Submitting
Requests for Redesignation to Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On or
After November 15, 1992,'' Memorandum from Michael H. Shapiro, Acting
Assistant Administrator for Air and Radiation, September 17, 1993;
``Use of Actual Emissions in Maintenance Demonstrations for Ozone and
CO Nonattainment Areas,'' Memorandum from D. Kent Berry, Acting
Director, Air Quality Management Division, November 30, 1993;
``Part D New Soure Review (part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and,
``Reasonable Further Progress, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas Meeting the Ozone National
Ambient Air Quality Standard,'' Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, May 10, 1995.
III. What Is the Effect of EPA's Actions?
Approval of this redesignation request would change the official
designation of the Evansville area for the 8-hour ozone NAAQS found at
40 CFR part 81. It would also incorporate into the Indiana SIP a plan
for maintaining the 8-hour ozone NAAQS in the area through 2015. The
maintenance plan includes contingency measures to remedy possible
future violations of the 8-hour ozone NAAQS, and establishes MVEB's of
4.20 tons per day (tpd) for VOC, and 5.40 tpd for NOX.
IV. What Is EPA's Analysis of the State's Request?
EPA is proposing to: (1) Determine that the Evansville area has
attained the 8-hour ozone standard and approve the redesignation of the
Evansville area to attainment of the 8-hour ozone NAAQS; and, (2)
approve the ozone maintenance plan for this area. The bases for our
proposed determination and approvals are as follows:
1. The Evansville Area Has Attained the 8-Hour Ozone NAAQS
EPA is proposing to determine that the Evansville area has attained
the 8-hour ozone NAAQS. For ozone, an area may be considered to be
attaining the 8-hour ozone NAAQS if there are no violations of the
NAAQS, as determined in accordance with 40 CFR 50.10 and Appendix I,
based on the most recent three complete, consecutive calendar years of
quality-assured air quality monitoring data at any monitoring site in
the area. To attain this standard, the average of the annual fourth-
high daily maximum 8-hour average ozone concentrations measured at each
monitor (the monitoring site's ozone design value) within the area (or
in its downwind environs) over the 3-year period must not exceed the
ozone standard. Based on the rounding convention described in 40 CFR
part 50, appendix I, the 8-hour ozone standard is attained if the
area's ozone design value is 0.084 ppm or lower. The data must be
collected and quality-assured in accordance with 40 CFR part 58, and
recorded in EPA's Aerometric Information Retrieval System (AIRS). The
ozone monitors generally should have remained at the same locations for
the duration of the monitoring period required for demonstrating
attainment (for three years or more).
As part of the June 2, 2005 ozone redesignation request, IDEM
submitted summarized ozone monitoring data indicating the top four
daily maximum 8-hour ozone concentrations for each monitoring site for
each year during the 2002-2004 period. These summarized worst-case
ozone concentrations are part of the quality-assured ozone data
collected in the Evansville area. These data have been entered into
EPA's AIRS. The fourth high 8-hour daily maximum concentrations, along
with their three-year averages are summarized in Table 1.
Table 1.--Fourth-High 8-Hour Ozone Concentrations in Parts Per Billion (PPB)
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Average
County Monitoring site 2002 2003 2004 fourth-high
concentration
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Vanderburgh.................................... Evansville............................. 95 81 72 82
Vanderburgh.................................... Inglefield............................. 86 75 57 73
Warrick........................................ Yankeetown............................. 94 82 74 83
Warrick........................................ Boonville.............................. 91 76 72 79
Warrick........................................ Lynville............................... 90 78 64 77
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These data show that the ozone design values (averaged fourth-high
daily maximum 8-hour concentrations) for the monitoring sites are all
below the 84 ppb ozone standard violation cut-off. These data support
the conclusion that the Evansville area did not experience a monitored
violation of the 8-hour ozone standard during the 2002-2004 period.
Preliminary data through July of the 2005 ozone season show that the
area continues to attain the 8-hour ozone standard.
As discussed below with respect to the ozone maintenance plan,
Indiana has committed to continue ozone monitoring in this area. IDEM
commits to consult with the EPA prior to making any changes to the
existing monitoring network.
EPA believes that the data submitted by Indiana provide an adequate
demonstration that the Evansville area has attained the 8-hour ozone
NAAQS. Therefore, we propose to find that the Evansville area has
attained the 8-hour ozone standard.
[[Page 53608]]
2. The Evansville Area Has Met All Applicable Requirements Under
Section 110 and Part D of the CAA and the Area Has a Fully Approved SIP
Under Section 110(k) of the CAA
EPA has determined that Indiana has met all currently applicable
SIP requirements for the Evansville area under section 110 of the CAA
(general SIP requirements). EPA has also determined that the Indiana
SIP meets currently applicable SIP requirements under part D of title I
of the CAA (requirements specific to subpart 1 nonattainment areas).
See section 107(d)(3)(E)(v) of the CAA. In addition, EPA has determined
that the SIP is fully approved with respect to all applicable
requirements. See section 107(d)(3)(E)(ii) of the CAA. In making these
determinations, EPA ascertained what requirements are applicable to the
area, and determined that the applicable portions of the SIP meeting
these requirements are fully approved under section 110(k) of the CAA.
We note that SIPs must be fully approved only with respect to currently
applicable requirements of the CAA.
a. The Evansville area has met all applicable requirements under
section 110 and part D of the CAA. The September 4, 1992 Calcagni
memorandum (see ``Procedures for Procedures for Processing Requests to
Redesignate Areas to Attainment,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, September 4, 1992) describes
EPA's interpretation of section 107(d)(3)(E) of the CAA. Under this
interpretation, to qualify for redesignation of an area to attainment,
the state and the area must meet the relevant CAA requirements that
come due prior to the state's submittal of a complete redesignation
request for the area. See also the September 17, 1993 Shapiro
memorandum and 66 FR 12459, 12465-12466 (March 7, 1995) (redesignation
of Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone
NAAQS). Applicable requirements of the CAA that come due subsequent to
the state's submittal of a complete redesignation request remain
applicable until a redesignation to attainment is approved, but are not
required as a prerequisite to redesignation. See section 175A(c) of the
CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR
25424, 25427 (May 12, 2003) (redesignation of the St. Louis/East St.
Louis area to attainment of the 1-hour ozone NAAQS).
General SIP requirements: Section 110(a) of title I of the CAA
contains the general requirements for a SIP, which include: enforceable
emission limitations and other control measures, means, or techniques;
provisions for the establishment and operation of appropriate devices
necessary to collect data on ambient air quality; and programs to
enforce the emission limitations. General SIP elements and requirements
are delineated in section 110(a)(2) of title I, part A of the CAA.
These requirements and SIP elements include, but are not limited to,
the following: (a) Submittal of a SIP that has been adopted by the
state after reasonable public notice and a hearing; (b) provisions for
establishment and operation of appropriate procedures needed to monitor
ambient air quality; (c) implementation of a source permit program; (d)
provisions for the implementation of part C requirements (Prevention of
Significant Deterioration (PSD)) and part D requirements (New Source
Review (NSR)) for new sources or major source modifications; (e)
criteria for stationary source emission control measures, monitoring,
and reporting; (f) provisions for air quality modeling; and (g)
provisions for public and local agency participation.
SIP requirements and SIP elements are discussed in the following
EPA documents: ``Procedures for Processing Requests to Redesignate
Areas to Attainment,'' Memorandum from John Calcagni, Director, Air
Quality Management Division, September 4, 1992; ``State Implementation
Plan (SIP) Actions Submitted in Response to Clean Air Act (CAA)
Deadlines,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, October 28, 1992; and ``State Implementation Plan
(SIP) Requirements for Areas Submitting Requests for Redesignation to
Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) on or After November 15, 1992,'' Memorandum
from Michael H. Shapiro, Acting Assistant Administrator, September 17,
1993. See also other guidance documents listed above.
Section 110(a)(2)(D) of the CAA requires that SIPs contain certain
measures to prevent sources in a state from significantly contributing
to air quality problems in another state. To implement this provision,
EPA has required certain states to establish programs to address
transport of air pollutants (NOX SIP call, Clean Air
Interstate Rule (CAIR)). EPA has also found, generally, that states
have not submitted SIPs under section 110(a)(1) to meet the interstate
transport requirements of section 110(a)(2)(D)(i) (70 FR 21147, April
25, 2005). However, the section 110(a)(2)(D) requirements for a state
are not linked with a particular nonattainment area's designation and
classification in that state. EPA believes that the requirements linked
with a particular nonattainment area's designation and classification
are the relevant measures to evaluate in reviewing a redesignation
request. The transport SIP submittal requirements, where applicable,
continue to apply to a state regardless of the designation of any one
particular area in the state.
We believe that these requirements should not be construed to be
applicable requirements for purposes of redesignation. Further, we
believe that the other section 110 elements described above that are
not connected with nonattainment plan submissions and not linked with
an area's attainment status are also not applicable requirements for
purposes of redesignation. A state remains subject to these
requirements after an area is redesignated to attainment. We conclude
that only the section 110 and part D requirements which are linked with
a particular area's designation and classification are the relevant
measures in evaluating a redesignation request. This approach is
consistent with EPA's existing policy on applicability of conformity
and oxygenated fuels requirements for redesignation purposes, as well
as with section 184 ozone transport requirements. See Reading,
Pennsylvania, proposed and final rulemakings (61 FR 53174-53176,
October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-Loraine,
Ohio, final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida,
final rulemaking (60 FR 62748, December 7, 1995). See also the
discussion on this issue in the Cincinnati ozone redesignation (65 FR
37890, June 19, 2000), and the Pittsburgh ozone redesignation (66 FR
50399, October 19, 2001). Finally, Indiana's submission under the CAIR
rule is not due until September 2006.
We believe that section 110 elements not linked to the area's
nonattainment status are not applicable for purposes of redesignation.
Nonetheless, we also note that EPA has previously approved provisions
in the Indiana SIP addressing section 110 elements under the 1-hour
standard. See 40 CFR part 52, subpart P. We believe that the section
110 SIP approved for the 1-hour standard may likely be sufficient to
meet requirements under the 8-hour ozone standard, as well. EPA is in
the process of further evaluating this question, and will, in the
future if necessary, announce whether any additional section 110 SIP
[[Page 53609]]
provisions are needed for the Evansville area under the 8-hour ozone
standard.
Part D SIP requirements. EPA has determined that the Indiana SIP
meets applicable SIP requirements under part D of the CAA since no such
requirements became due for the 8-hour ozone standard prior to
submission of the area's redesignation request. Subpart 1 of part D,
found in sections 172-176 of the CAA, sets forth the basic
nonattainment area plan requirements applicable to all nonattainment
areas. Because the Evansville area is a subpart 1 8-hour ozone
nonattainment area and is not classified under subpart 2 of part D of
the CAA for the 8-hour ozone standard, subpart 2 of part D of the CAA
does not apply to this area.
Section 172(c) requirements. For purposes of evaluating this ozone
redesignation request, the applicable part D, subpart 1 SIP
requirements for the Evansville area are contained in section 172 of
the CAA. A thorough discussion of the requirements of section 172 can
be found in the General Preamble for Implementation of Title I (57 FR
13498, April 16, 1992).
No requirements under part D became due prior to submission of the
redesignation request, and, therefore, none is applicable to the area
for purposes of redesignation. For example, the requirement for an
ozone attainment demonstration to meet the requirement of section
172(c)(1) is not yet applicable, nor are the requirements for
Reasonably Available Control Measures (RACM) and Reasonably Available
Control Technology (RACT) (section 172(c)(1)), Reasonable Further
Progress (RFP) (section 172(c)(2)), and contingency measures (section
172(c)(9)).
Since the State of Indiana has submitted a complete ozone
redesignation request for the Evansville area prior to the deadline for
any submissions, we are proposing to determine that the part D
requirements do not apply to the Evansville area for purposes of
redesignation.
Section 176 conformity requirements. Section 176(c) of the CAA
requires states to establish criteria and procedures to ensure that
Federally-supported or funded activities, including highway projects,
conform to the air planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs and projects developed, funded or approved under Title 23
U.S.C. and the Federal Transit Act (transportation conformity) as well
as to all other Federally-supported or funded projects (general
conformity). State conformity SIP revisions must be consistent with
Federal conformity regulations that the CAA required the EPA to
promulgate.
In addition to the fact that part D requirements did not become due
prior to Indiana's submission of the redesignation request and,
therefore, are not applicable, EPA believes that it is reasonable to
interpret the conformity requirements as not applying for purposes of
evaluating the ozone redesignation request under section 107(d) of the
CAA because state conformity rules are still required after
redesignation of an area to attainment of a NAAQS and Federal
conformity rules apply where state rules have not been approved. See
Wall v. EPA, 265 F.3d 426 (6th Cir. 2001). See also 60 FR 62748
(December 7, 1995) (Tampa, Florida).
EPA has also determined that areas being redesignated need not
comply with the requirement that a NSR program be approved prior to
redesignation, provided that the area demonstrates maintenance of the
standard without part D NSR, since PSD requirements will apply after
redesignation. A more detailed rationale for this view is described in
a memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled, ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.''
Indiana has demonstrated that the area will be able to maintain the
standard without part D NSR in effect, and therefore, EPA concludes
that the State need not have a fully approved part D NSR program prior
to approval of the redesignation request. The State's PSD program will
become effective in the Evansville area upon redesignation to
attainment. See rulemakings for Detroit, Michigan (60 FR 12467-12468,
March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470,
May 7, 1996); Louisville, Kentucky (66 FR 53665, October 23, 2001);
Grand Rapids, Michigan (61 FR 31834-31837, June 21, 1996). Thus, the
area has satisfied all applicable requirements under section 110 and
part D of the CAA.
b. The Evansville area has a fully approved applicable SIP under
section 110(k) of the CAA. EPA has fully approved the Indiana SIP for
the Evansville area under section 110(k) of the CAA for all applicable
requirements. EPA may rely on prior SIP approvals in approving a
redesignation request (See the September 4, 1992 John Calcagni
memorandum, page 3, Southwestern Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989-990 (6th Cir. 1998), Wall v. EPA, 265 F.3d
426 (6th Cir. 2001)) plus any additional measures it may approve in
conjunction with a redesignation action. See 68 FR 25426 (May 12,
2003). Since the passage of the CAA of 1970, Indiana has adopted and
submitted, and EPA has fully approved, provisions addressing the
various required SIP elements applicable to the Evansville area for
purposes of redesignation. No Evansville area SIP provisions are
currently disapproved, conditionally approved, or partially approved.
As indicated above, EPA believes that the section 110 elements not
connected with nonattainment plan submissions and not linked to the
area's nonattainment status are not applicable requirements for
purposes of redesignation. EPA has also noted that it may well conclude
that the section 110 SIP submission approved under the 1-hour standard
will be adequate for purposes of the 8-hour standard. EPA also believes
that since the part D requirements did not become due prior to
submission of the redesignation request, they also are, therefore, not
applicable requirements for purposes of redesignation.
3. The Air Quality Improvement in the Evansville Area Is Due to
Permanent and Enforceable Reductions in Emissions From Implementation
of the SIP and Applicable Federal Air Pollution Control Regulations and
Other Permanent and Enforceable Emission Reductions
EPA believes that the State of Indiana has demonstrated that the
observed air quality improvement in the Evansville area is due to
permanent and enforceable reductions in emissions resulting from
implementation of the SIP, Federal measures, and other state-adopted
measures.
In making this demonstration, the State has documented the changes
in VOC and NOX emissions for both the Evansville ozone
nonattainment area and for five additional counties \4\ (Dubois,
Gibson, Pike, Posey, and Spencer) in the Southwestern Indiana
[[Page 53610]]
area between 1996, when the Evansville area was monitored with a
violation of the 8-hour ozone NAAQS, and 2002, one of the years during
the three-year period when the Evansville area monitored attainment of
the 8-hour ozone NAAQS. The VOC emissions and NOX emissions
for the Southwestern Indiana area (with the Evansville area emissions
given as a sub-portion of the summarized emissions) are given in Tables
2 and 3. The VOC and NOX emissions for the Evansville ozone
nonattainment area and for the remainder of the Southwestern Indiana
area have shown significant downward trends between 1996 and 2002. IDEM
notes that the emissions in this area are decreasing substantially in
response to national emission reduction programs affecting all Electric
Generating Units (EGUs), including the acid rain control program and
the NOX SIP Call. A significant number of EGUs exist in the
Southwestern Indiana area. Therefore, the national emission control
requirements for the EGUs have likely had a significant impact on the
NOX emissions in this area and on the ozone concentrations
monitored in the Evansville area. To some extent, these emission
controls have also resulted in reductions in VOC emissions from these
sources.
---------------------------------------------------------------------------
\4\ IDEM documented the VOC and NOX emissions in
these five counties at the request of the EPA. Although no analyses
or modeling exist demonstrating that these specific emissions
significantly contributed to the peak ozone levels in the Evansville
area, it is recognized, based on available ozone analyses and
modeling for the Midwest, that regional emissions outside of the
Evansville area are likely to have significantly contributed to the
peak ozone concentrations in the Evansville area. The documentation
of the VOC and NOX emissions for these neighboring
counties characterizes the relative magnitude of regional versus
local emissions, and, through emission projections (documented in
subsequent tables in this proposed rule), the directionality of
regional emissions that may also impact future ozone concentrations.
\5\ See Footnote 4 above. The most relevant emissions in this
table and in subsequent emissions tables are the VOC and
NOX emissions in Vanderburgh and Warrick Counties. The
emissions in the remaining counties serve only to demonstrate the
relative magnitude of regional versus local emissions and the
directionality over time of regional emissions in general that,
along with local emissions, impact the Evansville area's peak ozone
levels.
Table 2.--VOC Emissions in the Evansville and Southwestern Indiana
Areas--1996-2002 in Tons Per Summer Day \5\
------------------------------------------------------------------------
County 1996 1999 2002
------------------------------------------------------------------------
Vanderburgh/Warrick................. 55.54 58.28 41.13
Dubois.............................. 24.84 23.23 18.83
Gibson.............................. 11.49 11.57 13.29
Pike................................ 4.36 4.22 4.66
Posey............................... 14.87 13.80 10.57
Spencer............................. 7.38 8.68 7.39
Southwest Indiana Total......... 118.48 119.77 95.87
------------------------------------------------------------------------
Table 3.--NOX Emissions in the Evansville and Southwestern Indiana
Areas--1996-2002 in Tons Per Summer Day
------------------------------------------------------------------------
County 1996 1999 2002
------------------------------------------------------------------------
Vanderburgh/Warrick................. 119.72 130.40 95.42
Dubois.............................. 19.21 17.02 8.32
Gibson.............................. 143.52 163.00 140.12
Pike................................ 81.73 66.08 64.65
Posey............................... 36.84 48.77 38.43
Spencer............................. 102.75 116.44 99.27
-------------
Southwest Indiana Total......... 503.78 541.71 446.21
------------------------------------------------------------------------
Other emission controls have also been implemented in Southwestern
Indiana. IDEM notes that statewide VOC RACT rules were adopted for a
limited set of existing sources in the mid-1990s, and have been
implemented by new sources located in Indiana since that time. The
following Indiana VOC RACT rules have been adopted and implemented on a
statewide basis: 326 Indiana Administrative Code (IAC) 8-2 (Surface
Coating Emission Limitations); 326 IAC 8-3 (Organic Solvent Degreasing
Operations); 326 IAC 8-4 (Petroleum Sources); 326 IAC 8-5
(Miscellaneous Operations); 326 IAC 8-6 (Organic Solvent Emission
Limitations); and, 326 IAC 8-10 (Auto Body Refinishing). Compliance
with these rules have reduced VOC emissions in the Southwestern Indiana
area.
Since the Evansville area was previously classified as a marginal
nonattainment area for the 1-hour ozone standard, and was not required
to demonstrate attainment of the 1-hour ozone standard, no ozone
precursor emission controls were specifically required for the
Evansville area. Therefore, the statewide and national emission control
requirements have provided the majority of the emission reductions in
this area.
Besides the statewide VOC RACT rules and national NOX
emission control requirements, other Federal emission reduction
requirements have resulted in decreased ozone precursor emissions in
the Southwestern Indiana area and/or will produce future emission
reductions leading to maintenance of the ozone standard in the
Evansville area. These emission reduction requirements include the
following:
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. These emission control requirements result in lower
emissions from new cars and light duty trucks, including sport utility
vehicles. The Federal rules are being phased in between 2004 and 2009.
Mobile source NOX emissions are expected to be decreased by
65 to 90 percent, depending on vehicle type. Mobile source VOC
emissions are expected to be decreased by 12 to 18 percent depending on
vehicle type.
Heavy-Duty Diesel Engines. The Heavy-Duty Diesel Engine rule
applies to new heavy-duty gasoline and diesel trucks and buses, and is
expected to reduce NOX emissions from new vehicles by up to
40 percent. The rule is being phased in from 2004 through 2007.
Non-Road Diesel Rule. This rule generally applies to new stationary
diesel engines used in certain industries, including construction,
agriculture, and mining. In addition to affecting engine design, this
rule includes requirements for cleaner fuels.
[[Page 53611]]
It is expected to reduce NOX emissions from these engines by
up to 90 percent, and to significantly reduce particulate matter and
sulfur emissions from these engines. This rule will limit emissions
from new engines beginning in 2008. The rule has not impacted current
emissions from these engines, but is expected to have a significant
impact during the maintenance period for the Evansville area.
IDEM notes that some emission reductions have resulted from
permanent source closures in the Evansville area, and that these
emission reductions have contributed to the downward trend in emissions
in the Evansville area and toward attainment of the 8-hour ozone
standard. In its June 2, 2005 submittal, IDEM has listed the source
closures that have occurred between 1996 and 2002. IDEM confirms that
the emissions reductions resulting from the source closures are
permanent and will be maintained in the future. To prevent these
emission reductions from being totally consumed by unconstrained source
growth, IDEM states that any reopening of the closed facilities will
require review under Indiana's new source review program after the
redesignation of the Evansville area to attainment of the 8-hour ozone
NAAQS and the implementation of appropriate emission controls for new
sources.
Indiana commits to maintain all existing emission control measures
that affect the Evansville area after this area is redesignated to
attainment. All changes in existing rules affecting the Evansville area
and new rules subsequently needed for continued maintenance of the 8-
hour ozone NAAQS in the Evansville area will be submitted to the EPA
for approval as SIP revisions.
4. The Evansville Area Has a Fully Approvable Ozone Maintenance Plan
Pursuant to Section 175A of the CAA
In conjunction with its request to redesignate the Evansville area
to attainment of the ozone NAAQS, Indiana submitted a SIP revision to
provide for maintenance of the 8-hour ozone NAAQS in the Evansville
area for at least 10 years after the redesignation of this area to
attainment of the NAAQS.
a. What Is Required in an Ozone Maintenance Plan?
Section 175A of the CAA sets forth the required elements of
maintenance plans for areas seeking redesignation from nonattainment to
attainment. Under section 175A, a maintenance plan must demonstrate
continued attainment of the applicable NAAQS for at least ten years
after the Administrator approves the redesignation to attainment. Eight
years after the redesignation, the State must submit a revised
maintenance plan which demonstrates that attainment will continue to be
maintained for the ten years following the initial ten-year maintenance
period. To address the possibility of future NAAQS violations, the 8-
hour ozone maintenance plan must contain such contingency measures,
with a schedule for implementation, as EPA deems necessary, to assure
prompt correction of any future 8-hour ozone standard violations. The
September 4, 1992 John Calcagni memorandum provides additional guidance
on the content of maintenance plans. An ozone maintenance plan should,
at minimum, address the following items: The attainment VOC and
NOX emissions inventories; a maintenance demonstration
showing maintenance for the first ten years of the maintenance period;
a commitment to maintain the existing monitoring network; factors and
procedures to be used for verification of continued attainment; and, a
contingency plan to prevent and/or correct any future violation of the
NAAQS.
b. Attainment Emissions Inventories
IDEM prepared comprehensive VOC and NOX emissions
inventories for Vanderburgh and Warrick Counties, including point
(significant stationary sources), area (smaller stationary sources and
widely-distributed sources), mobile on-road, and mobile non-road
sources for a base year/attainment year of 2002. IDEM has documented
the VOC and NOX emissions by major source categories for
Vanderburgh and Warrick Counties, along with the VOC and NOX
emissions for other counties in the Southwestern Indiana area for 1996,
1999, and 2002, which were years EPA required states to prepare and
submit periodic emission inventory updates.
To develop the base year emissions inventories, IDEM used the
following approaches and sources of data:
Area Sources--Area source VOC and NOX emissions were
taken from the Indiana 2002 periodic emissions inventory, which was
previously submitted to the EPA. The area source emission estimates
were derived using United States Department of Commerce Bureau of
Economic Analysis (BEA) growth factors to project emissions derived for
1996 and 1999. The area source estimates also involved the use of
current local source surrogate data, including area populations and
employment data by source type.
Mobile On-Road Sources--Mobile source emissions were calculated
using MOBILE6 emission factors. Traffic data (vehicle miles traveled,
vehicle speeds, and vehicle type and age distributions) for 2002 were
calculated using the travel demand model and post-processor provided by
the Evansville Urban Transportation Study (EUTS). IDEM has provided
detailed data summaries to document the calculation of mobile on-road
VOC and NOX emissions for 2002, as well as for the
projection years of 2010 and 2015 (further discussed below).
Point Source Emissions--2002 point source emissions were compiled
from IDEM's 2002 annual emissions statement database and the 2002 EPA
Air Markets acid rain emissions inventory database.
Mobile Non-Road Emissions--Non-road mobile source emissions were
generated by the EPA and documented in the 2002 National Emissions
Inventory (NEI). In addition to the data taken from the NEI, IDEM also
considered emissions for commercial marine vessels and railroads,
obtained from the Lake Michigan Air Directors Consortium (LADCO). The
NEI emissions data for recreational motorboats and construction
equipment were significantly revised based on local data. The NEI
emissions from recreational motorboats were revised to account for
local motorboat population data and local spatial surrogates. The NEI
construction equipment emissions were reviewed and updated based on
surveys completed in the Midwest. IDEM also updated the temporal
allocation of agricultural emissions.
The 2002 attainment year VOC and NOX emissions for
Vanderburgh and Warrick Counties are summarized along with the 2010 and
2015 projected emissions for these Counties in Tables 4 below, which
covers the demonstration of maintenance for this area. It is our
conclusion that the State has adequately derived and documented the
attainment year VOC and NOX emissions for this area.
c. Demonstration of Maintenance
As part of its June 2, 2005 ozone redesignation request submittal,
IDEM included a requested revision of the SIP to include a 10-year
ozone maintenance plan as required by section 175A of the CAA. This
demonstration shows maintenance of the 8-hour ozone NAAQS by assuring
that current and future emissions of VOC and NOX remain at
or below the attainment year
[[Page 53612]]
emission levels.\6\ Note that a maintenance demonstration need not be
based on modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001),
Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 66 FR 53094,
53099-53100 (October 19, 2001) and 68 FR 25430-25432 (May 12, 2003).
---------------------------------------------------------------------------
\6\ The attainment year can be any of the three consecutive
years where the area has clean air quality data (2002, 2003, or 2004
for the Evansville area). 2002 is the recommended base year for
ozone attainment and rate-of-progress demonstrations, as discussed
in a November 18, 2002 memorandum, ``2002 Base Year Emission
Inventory SIP Planning: 8-hr Ozone, PM2.5 and Regional
Haze Programs,'' from Lydia N. Wegman, Director, Air Quality
Strategies and Standards Division. As noted here, Indiana chose to
use 2002 as the attainment year because the State was already
preparing emissions for this year to prepare the base year emissions
inventory.
---------------------------------------------------------------------------
Table 4 specifies the VOC and NOX emissions for
Venderburgh and Warrick Counties combined for 2002, 2010, and 2015.
IDEM chose 2010 as an interim year in the 10-year maintenance
demonstration period to demonstrate that the VOC and NOX
emissions are not projected to increase above the attainment levels in
the middle of the 10-year period.
Table 4.--Attainment Year (2002) and Projected VOC and NOX Emissions in Vanderburgh and Warrick Counties (TPSD)
----------------------------------------------------------------------------------------------------------------
VOC NOX
Source sector -----------------------------------------------------------------------
2002 2010 2015 2002 2010 2015
----------------------------------------------------------------------------------------------------------------
Point................................... 5.16 6.77 8.09 70.19 30.18 31.43
Area.................................... 18.60 21.36 23.46 2.95 3.20 3.27
On-Road................................. 11.21 6.02 4.12 16.40 9.30 5.01
Non-Road................................ 6.16 4.42 3.80 5.88 4.52 3.23
-------------
Total............................... 41.13 38.56 39.47 95.42 47.19 42.94
----------------------------------------------------------------------------------------------------------------
IDEM also considered regional emissions from other counties in the
Southwestern Indiana area. IDEM concluded, based on analyses by
LADCO,\7\ that regional NOX emissions changes may
significantly impact the ozone levels in the Evansville area, whereas
regional VOC emissions outside of the nonattainment area were less of a
concern. IDEM determined the attainment year and projected year
NOX emissions for Dubois, Gibson, Pike, Posey, and Spencer
Counties, which are the other counties in the Southwestern Indiana area
as noted above. Table 5 summarizes the NOX emissions totals
for these counties by major source sector. It can be seen that the
NOX emissions totals in these counties are projected to
decrease after 2002, which indicates that the transport of
NOX into the Evansville area will also decrease during the
10-year maintenance period.
---------------------------------------------------------------------------
\7\ Analyses conducted by LADCO to support the development of 1-
hour ozone attainment demonstrations showed that peak ozone
concentrations in the Chicago and Milwaukee areas were sensitive to
changes in local VOC emissions and to changes in regional
NOX emissions outside of the urban areas. Changes in
regional VOC emissions upwind of these urban areas produced minimal
changes in the peak ozone concentrations in these urban areas.
Modeling for the 8-hour ozone standard being conducted by LADCO and
its member states suggests that the same principle also applies in
other major urban areas in the region.
Table 5.--Attainment Year and Projected NOX Emissions in Counties in the
Vicinity of the Evansville Area (TPSD)
------------------------------------------------------------------------
NOX
Source sector -----------------------------------
2002 2010 2015
------------------------------------------------------------------------
Point............................... 318.03 134.22 134.71
Area................................ 2.37 2.53 2.61
On-Road Mobile...................... 18.63 10.68 6.70
Non-Road Mobile..................... 11.76 9.72 7.73
-------------
Total........................... 350.79 157.15 151.76
------------------------------------------------------------------------
The emission projections show that the ozone precursor emissions in
the Evansville area in addition to the NOX emissions in
other counties in its vicinity are not expected to exceed the levels of
the 2002 attainment year during the 10-year maintenance period. The
decreases in local and regional NOX emissions indicate that
peak ozone levels in the Evansville area may actually be expected to
further decline during the 10-year maintenance period.
IDEM has documented the procedures used to project emissions. On-
road mobile source emissions were projected using the MOBILE6 emission
factor model and projected traffic data obtained from the Evansville
Urban Transportation Study's Travel Demand Model, the same procedure
used to determine the attainment year on-road mobile source emissions.
Emissions for the other major source sectors were determined using
source activity/growth data provided by LADCO. LADCO has developed
source growth and emission control data for sources in the upper
Midwest for use in 8-hour ozone and fine particulate (PM2.5)
modeling analyses. Therefore, IDEM's emission projections for the
Evansville area and its vicinity are consistent with the planning
analyses being conducted to attain the 8-hour ozone and
PM2.5 standards in the upper Midwest urban areas and region.
It should also be noted that the NOX emission estimates are
also consistent with the Indiana state-wide NOX emission
budget established in Indiana's EGU NOX rule.
Based on the comparison of the projected emissions and the
attainment year emissions, we conclude that IDEM has successfully
demonstrated that the 8-hour ozone standard should be maintained in the
Evansville area. We believe that this is especially likely given the
projected decrease in the
[[Page 53613]]
region's NOX emissions.\8\ As noted by IDEM, this conclusion
is further supported by the fact that other states in the eastern
portion of the United States are expected to further reduce regional
NOX emissions through the implementation of their
NOX rules for EGUs and other major NOX emission
sources. In addition, further regional emission reductions are expected
to occur as the result of the implementation of EPA rules for Tier 2
motor vehicle standards, gasoline sulfur content restrictions, highway
heavy-duty diesel engines, and non-road diesel engines, all of which
will be implemented during the next few years. The implementation of
CAIR should also provide additional reductions in regional
NOX emissions.
---------------------------------------------------------------------------
\8\ As noted above, the emissions from the ``neighboring
counties'' (those counties outside of the Evansville area) are
indicative of the emission changes expected in the region as a
whole. Therefore, since emissions are projected to decline in the
neighboring counties, we can assume that emissions upwind of the
Evansville area will also decline over the subject period.
---------------------------------------------------------------------------
d. Monitoring Network
As noted elsewhere in this proposed rule, IDEM commits to continue
operating and maintaining an approved ozone monitoring network in the
Evansville area in accordance with 40 CFR part 58 through the 10-year
maintenance period. This will allow the confirmation of the maintenance
of the 8-hour ozone standard in this area.
e. Verification of Continued Attainment
Continued attainment of the 8-hour ozone NAAQS in the Evansville
area depends, in part, on the State's efforts toward tracking
applicable indicators during the maintenance period. The State's plan
for verifying continued attainment of the 8-hour standard in the
Evansville area consists of plans to continue ambient ozone monitoring
in accordance with the requirements of 40 CFR part 58. In addition,
IDEM will periodically revise and review the VOC and NOX
emissions inventories for the Evansville area to assure that emissions
growth is not threatening the continued attainment of the 8-hour ozone
standard in the Evansville area. Emissions inventories will be revised
for 2005, 2008, and 2011, as necessary to comply with the emissions
inventory reporting requirements of the CAA. The updated emissions
inventories will be compared to the 2002 emissions inventories to
assess emission trends and assure continued attainment of the 8-hour
ozone standard.
f. Contingency Plan
The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment of the NAAQS. Section 175A of the CAA requires
that a maintenance plan include such contingency measures as EPA deems
necessary to assure that the State will promptly correct a violation of
the NAAQS that might occur after redesignation. The maintenance plan
should identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all measures with respect to control of the pollutant(s) that
were contained in the SIP before redesignation of an area to
attainment. See section 175A(d) of the CAA.
As required by section 175A of the CAA, Indiana has adopted a
contingency plan to address a possible future ozone air quality
problem. The contingency plan adopted by Indiana has two levels of
responses, depending on whether a violation of the 8-hour ozone
standard is only threatened (Warning Level) or is imminent (Action
Level).
A Warning Level response will occur when an annual (1-year) fourth-
high monitored daily peak 8-hour ozone concentration of 88 ppb or
higher is monitored in a single ozone season at any monitor within the
ozone maintenance area. A Warning Level response will consist of
Indiana performing a study to determine whether the high ozone
concentration indicates a trend toward high ozone levels or whether
emissions are increasing. If a trend toward higher ozone concentrations
exists and is likely to continue, the emissions control measures
necessary to reverse the trend will be determined taking into
consideration ease and timing of implementation, as well as economic
and social considerations. The study, including applicable recommended
next steps, will be completed within 12 months from the close of the
ozone season with the recorded high ozone concentration. If emission
controls are needed to reverse the adverse ozone trend, the procedures
for emission control selection under the Action Level response will be
followed.
An Action Level response will occur when a two-year average annual
fourth-high monitored daily peak 8-hour ozone concentration of 85 ppb
occurs at any monitor in the ozone maintenance area. In this situation,
IDEM will determine the additional emission control measures needed to
assure future attainment of the 8-hour ozone NAAQS. IDEM will focus on
emission control measures that can be implemented in a short time, and
selected emission control measures will be adopted and implemented
within 18 months from the close of the ozone season with ozone
monitoring data that prompted the Action Level Response. Adoption of
any additional emission control measures will be subject to the
necessary administrative and legal procedures, including publication of
notices and the opportunity for public comment and response. If a new
emission control measure is adopted by the State (independent of the
ozone contingency needs) or is adopted at a Federal level and is
scheduled for implementation in a time frame that will mitigate an
ozone air quality problem, IDEM will determine whether this emission
control measure is sufficient to address the ozone air quality problem.
If IDEM determines that existing or soon-to-be-implemented emissions
control measures should be adequate to correct the ozone standard
violation problem, IDEM may determine that additional emission control
measures at the State level may be unnecessary. Regardless, IDEM will
submit to the EPA an analysis to demonstrate that proposed emission
control measures are adequate to provide for future attainment of the
8-hour ozone NAAQS in a timely manner.
Contingency measures contained in the maintenance plan are those
emission controls or other measures that Indiana may choose to adopt
and implement to correct possible air quality problems. These include,
but are not limited to, the following:
i. Lower Reid vapor pressure gasoline requirements;
ii. Broader geographic applicability of existing emission control
measures;
iii. Tightened RACT requirements on existing sources covered by EPA
Control Technique Guidelines (CTGs) issued in response to the 1990 CAA
amendments;
iv. Application of RACT to smaller existing sources;
v. Vehicle Inspection and Maintenance (I/M);
vi. One or more Transportation Control Measure (TCM) sufficient to
achieve at least a 0.5 percent reduction in actual area wide VOC
emissions, to be selected from the following:
[[Page 53614]]
A. Trip reduction programs, including, but not limited to,
employer-based transportation management plans, area wide rideshare
programs, work schedule changes, and telecommuting;
B. Transit improvements;
C. Traffic flow improvements; and
D. Other new or innovative transportation measures not yet in
widespread use that affect State and local governments as deemed
appropriate;
vii. Alternative fuel and diesel retrofit programs for fleet
vehicle operations;
viii. Controls on consumer products consistent with those adopted
elsewhere in the United States;
ix. VOC or NOX emission offsets for new or modified
major sources;
x. VOC or NOX emission offsets for new or modified minor
sources;
xi. Increased ratio of emission offset required for new sources;
and,
xii. VOC or NOX emission controls on new minor sources
(with VOC or NOX emissions less than 100 tons per year).
g. Provisions for Future Updates of the Ozone Maintenance Plan
As required by section 175A(b) of the CAA, Indiana commits to
submit to the EPA an update of the ozone maintenance plan eight years
after redesignation of the Evansville area to cover an additional 10-
year period beyond the initial 10-year maintenance period.
V. Has Indiana Adopted Acceptable Motor Vehicle Emissions Budgets for
the End of the 10-Year Maintenance Plan (for 2015) Which Can Be Used To
Support Conformity Determinations?
A. How Are the MVEBs Developed and What Are the MVEBs for the
Evansville Area?
Under the CAA, states are required to submit, at various times,
control strategy SIP revisions and ozone maintenance plans for
applicable areas (for ozone nonattainment areas and for areas seeking
redesignations to attainment of the ozone standard). These emission
control strategy SIP revisions (e.g., reasonable further progress and
attainment demonstration SIP revisions) and ozone maintenance plans
must create MVEBs based on on-road mobile source emissions for criteria
pollutants and/or their precursors to address pollution from cars and
trucks. The MVEBs are the portions of the total allowable emissions
that are allocated to highway and transit vehicle use that, together
with emissions from other sources in the area, will provide for
attainment or maintenance.
Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment is established for the last year of the maintenance plan.
The MVEB serves as a ceiling on emissions from an area's planned
transportation system. The MVEB concept is further explained in the
preamble to the November 24, 1993 transportation conformity rule (58 FR
62188). The preamble also describes how to establish the MVEB in the
SIP and how to revise the MVEB if needed.
Under section 176(c) of the CAA, new transportation projects, such
as the construction of new highways, must ``conform'' to (i.e., be
consistent with) the part of the SIP that addresses emissions from cars
and trucks. Conformity to the SIP means that transportation activities
will not cause new air quality violations, worsen existing air quality
violations, or delay timely attainment of the NAAQS. If a
transportation plan does not conform, most new transportation projects
that would expand the capacity of roadways cannot go forward.
Regulations at 40 CFR part 93 set forth EPA's policy, criteria, and
procedures for demonstrating and assuring conformity of transportation
activities to a SIP.
When reviewing SIP revisions containing MVEBs, including attainment
strategies, rate-of-progress plans, and maintenance plans, EPA must
affirmatively find that the MVEBs are ``adequate'' for use in
determining transportation conformity. Once EPA affirmatively finds the
submitted MVEBs to be adequate for transportation conformity purposes,
the MVEBs are used by state and federal agencies in determining whether
proposed transportation projects conform to the SIPs as required by
section 176(c) of the CAA. EPA's substantive criteria for determining
the adequacy of MVEBs are set out in 40 CFR 93.118(e)(4).
EPA's process for determining adequacy of a MVEB consists of three
basic steps: (1) Providing public notification of a SIP submissions;
(2) providing the public the opportunity to comment on the MVEB during
a public comment period; and (3) EPA's finding of adequacy. The process
of determining the adequacy of submitted SIP MVEBs was initially
outlined in EPA's May 14, 1999 guidance, ``Conformity Guidance on
Implementation of March 2, 199, Conformity Court Decision.'' This
guidance was finalized in the Transportation Conformity Rule Amendments
for the ``New 8-Hour Ozone and PM2.5 National Ambient Air Quality
Standards and Miscellaneous Revisions for Existing Areas:
Transportation Conformity Rule Amendments--Response to Court Decision
and Additional Rule Change'' published on July 1, 2004 (69 FR 40004).
EPA follows this guidance and rulemaking in making its adequacy
determinations.
The Evansville area's 10-year maintenance plan contains VOC and
NOX MVEBs for 2015. The availability of the SIP submission
with these 2015 MVEBs was announced for public comment on EPA's
adequacy Web page on April 12, 2005, at: http://www.epa.gov/otaq/transp/conform/currsips.htm. The EPA public comment period on the
adequacy of the 2015 MVEBs for the Evansville area closed on May 12,
2005. EPA did not receive any adverse comments. On June 30, 2005 (70 FR
37856), EPA published a notice of adequacy to notify the public that we
had found the 2015 MVEBs to be adequate for use in transportation
conformity analyses.
EPA, through this rulemaking, is proposing to approve the MVEBs for
use to determine transportation conformity in the Evansville area
because EPA has determined that the budgets are consistent with the
control measures in the SIP and that the Evansville area can maintain
attainment of the 8-hour ozone NAAQS for the relevant 10-year period
with mobile source emissions at the levels of the MVEBs. IDEM has
determined the 2015 MVEBs for the Evansville area (for Vanderburgh and
Warrick Counties combined) to be 4.20 tpd for VOC and 5.40 tpd day for
NOX. It should be noted that these MVEBs exceed the on-road
mobile source VOC and NOX emissions projected by IDEM for
2015, as summarized in Table 4, above (``On-Road'' source sector).
Through discussions with all organizations involved in transportation
planning for the Evansville area, IDEM decided to include safety
margins of 0.08 tpd of VOC and 0.39 tpd of NOX in the MVEBs
to provide for mobile source growth. Indiana has demonstrated that the
Evansville area can maintain the 8-hour ozone NAAQS with mobile source
emissions of 4.20 tpd of VOC and 5.40 tpd of NOX in 2015,
since emissions will still remain under the attainment year levels.
B. What Is a Safety Margin?
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. As noted in Table 4, the
Evansville area VOC and NOX emissions are projected to have
safety margins of 1.66 tons per day for VOC and 52.48 tons per day for
NOX in 2015 (the difference between the attainment year,
2002, emissions and the 2015 emissions for all sources in
[[Page 53615]]
Vanderburgh and Warrick Counties combined).
The MVEBs requested by IDEM contain safety margins (selected by the
State) significantly smaller than the safety margins reflected in the
total emissions for the Evansville area. The State is not requesting
allocation of the entire available safety margins reflected in the
demonstration of maintenance. Therefore, even though the State is
requesting MVEBs that exceed the on-road mobile source emissions for
2015 contained in the demonstration of maintenance, the increase in on-
road mobile source emissions that can be considered for transportation
conformity purposes is well within the safety margins of the ozone
maintenance demonstration.
C. Are the MVEBs Approvable?
The VOC and NOX MVEBs for the Evansville area are
approvable because they maintain the total emissions for Vanderburgh
and Warrick Counties at or below the attainment year inventory levels,
as required by the transportation conformity regulations.
VI. Statutory and Executive Order Reviews
Executive Order 12866; Regulatory Planning and Review
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.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' 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).
Regulatory Flexibility Act
This proposed action merely proposes to approve state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed 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.).
Unfunded Mandates Reform Act
Because this rule proposes to approve 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).
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
This proposed 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).
Executive Order 13132 Federalism
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 proposes to approve 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.
Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks
This proposed 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.
National Technology Transfer Advancement Act
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.
Paperwork Reduction Act
This proposed 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.).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Transportation conformity, Volatile organic
compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 29, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 05-17819 Filed 9-8-05; 8:45 am]
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