[Federal Register Volume 71, Number 3 (Thursday, January 5, 2006)]
[Rules and Regulations]
[Pages 541-544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-72]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2005-IN-0010; FRL- 8019-5]
Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Indiana; Redesignation of the Vigo County Nonattainment Area
to Attainment of the 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is determining that the Vigo County 8-hour ozone
nonattainment area has attained the 8-hour ozone National Ambient Air
Quality Standard (NAAQS). EPA is approving a request from the State of
Indiana, submitted on July 5, 2005 and supplemented on October 20, 2005
and November 4, 2005, to redesignate Vigo County from nonattainment to
attainment for the 8-hour ozone NAAQS. EPA's approval of the
redesignation request is based on the determination that Vigo County
and the State of Indiana have met the criteria for redesignation to
attainment set forth in the Clean Air Act (CAA), including the
determination that Vigo County has attained the 8-hour ozone standard.
In conjunction with this approval, EPA is approving the State's plan
for maintaining the 8-hour ozone NAAQS in Vigo County through 2015 as a
revision to the Indiana State Implementation Plan (SIP). EPA also finds
as adequate and approves the 2015 Volatile Organic Compounds (VOC) and
Nitrogen Oxides (NOX) Motor Vehicle Emission Budgets (MVEBs)
for this area.
DATES: This rule is effective on February 6, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2005-IN-0010. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (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 through http://www.regulations.gov or in hard copy at
the Environmental Protection Agency, Region 5, Air and Radiation
[[Page 542]]
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. We recommend that you telephone Steven
Rosenthal, Environmental Engineer, at (312) 886-6052 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6052,
[email protected].
SUPPLEMENTARY INFORMATION: In the following, whenever ``we,'' ``us,''
or ``our'' are used, we mean the United States Environmental Protection
Agency.
Table of Contents
I. What Is the Background for This Rule?
II. What Comments Did We Receive on the Proposed Action?
III. What Are Our Final Actions?
IV. Statutory and Executive Order Review
I. What Is the Background for This Rule?
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). This
standard is violated in an area when any ozone monitor in the area
records an average of the annual fourth-highest daily maximum 8-hour
ozone concentrations equaling or exceeding 0.085 ppm over a three-year
period. Ground-level ozone is not emitted directly by sources. Rather,
emitted VOC and NOX react in the presence of sunlight to
form ground-level ozone along with other secondary compounds. VOC and
NOX are referred to as ``ozone precursors.''
In accordance with section 107(d) of the CAA as amended in 1977,
EPA designated Vigo County as an ozone nonattainment area for the 8-
hour ozone NAAQS based on ozone data collected in this area during the
2001-2003 period. The Federal Register notice making this designation
was signed on April 15, 2004, and was published on April 30, 2004 (69
FR 23857).
The Clean Air Act contains two sets of provisions--subpart 1 and
subpart 2--that address planning and emission control requirements for
nonattainment areas (both subparts are found in title I, part D of the
CAA). Subpart 1 contains general, less prescriptive requirements for
nonattainment areas 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.
In the April 30, 2004 ozone 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 ozone 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).\1\ 8-hour ozone nonattainment areas with 1-hour
ozone design values equaling or exceeding 0.121 ppm 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
subject only to the requirements of subpart 1 of the CAA.
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\1\ The 1-hour ozone standard, 0.12 ppm, has been replaced by
the 8-hour ozone standard, with the 1-hour ozone standard being
revoked on June 15, 2005.
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In the April 30, 2004 designation rulemaking, Vigo County was
designated as nonattainment for the 8-hour ozone standard, and was
identified as a subpart 1 basic nonattainment area. This designation
was based on ozone data collected in Vigo County from the period of
2001-2003.
On July 5, 2005, the State of Indiana requested redesignation of
Vigo County to attainment of the 8-hour ozone NAAQS based on ozone data
collected during the period of 2002-2004. This request was supplemented
with submittals dated October 20, 2005 and November 4, 2005. This
redesignation request also included a 10-year ozone maintenance plan
for Vigo County and the VOC and NOX MVEBs for Vigo County
are based on emission projections in the ozone maintenance plan.
On November 23, 2005, EPA published a proposed rule (70 FR 70751),
proposing to: (1) Determine that Vigo County has attained the 8-hour
ozone NAAQS and to approve Indiana's request to redesignate Vigo County
to attainment of the 8-hour ozone NAAQS; (2) approve Indiana's ozone
maintenance plan for Vigo County; and (3) approve the 2015 VOC and
NOX MVEBs for Vigo County and notify the public that these
MVEBs are adequate for purposes of transportation conformity. This
proposed rule established a 30-day public comment period.
II. What Comments Did We Receive on the Proposed Action?
EPA provided a 30-day review and comment period on the proposal
published in the Federal Register on November 23, 2005 (70 FR 70751).
We received no comments on our proposed rulemaking.
III. What Are Our Final Actions?
EPA is making a determination that Vigo County has attained the 8-
hour ozone NAAQS, and EPA is approving the redesignation of Vigo County
from nonattainment to attainment for the 8-hour ozone NAAQS. After
evaluating Indiana's redesignation request, EPA has determined that it
meets the redesignation criteria set forth in section 107(d)(3)(E) of
the CAA. The final approval of this redesignation request changes the
official designation for Vigo County from nonattainment to attainment
for the 8-hour ozone standard.
EPA is also approving the maintenance plan SIP revision for Vigo
County. Approval of the maintenance plan is based on Indiana's
demonstration that the plan meets the requirements of section 175A of
the CAA. Additionally, EPA is finding adequate and approving the 2015
MVEBs submitted by Indiana in conjunction with the redesignation
request.
No comments were received on the proposed rule. Therefore, all
proposed actions are being finalized here.
IV. Statutory and Executive Order Review
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 Concerning Regulations 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,
[[Page 543]]
Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting federal
requirements and imposes no additional requirements beyond those
imposed by state law. Redesignation of an area to attainment under
section 107(d)(3)(E) of the Clean Air Act does not impose any new
requirements on small entities. Redesignation is an action that affects
the status of a geographical area and does not impose any new
regulatory requirements on sources. 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.).
Unfunded Mandates Reform Act
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).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
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).
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). Redesignation is an action that merely affects the status of
a geographical area, and does not impose any new requirements on
sources, or allows a state to avoid adopting or implementing additional
requirements, and does not alter the relationship or distribution of
power and responsibilities established in the Clean Air Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
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.
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. Redesignation is an
action that affects the status of a geographical area but does not
impose any new requirements on sources. 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.
Environmental Justice
Executive Order 12898 establishes a Federal policy for
incorporating environmental justice into Federal agency actions by
directing agencies to identify and address, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority and
low-income populations. As explained elsewhere in this document (see
responses to Comments 5 and 9), today's action is designed to prevent
violations of the health-based national ambient air quality standard.
It does not result in the relaxation of control measures on existing
sources and therefore will not cause emissions increases from those
sources. Overall, as discussed in response to Comments 5 and 9,
emissions in the area are projected to decline following the
redesignation. Thus, today's action will not have disproportionately
high and adverse effects on any communities in the area, including
minority and low-income communities.
Paperwork Reduction Act
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.).
Congressional Review Act
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 March 6, 2006. 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
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: December 27, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 544]]
Subpart P--Indiana
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2. Section 52.777 is amended by adding paragraph (dd) to read as
follows:
Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons).
* * * * *
(dd) Approval--On July 5, 2005, Indiana submitted a request to
redesignate Vigo County to attainment of the 8-hour ozone National
Ambient Air Quality Standard. This request was supplemented with
submittals dated October 20, 2005 and November 4, 2005. As part of the
redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit a subsequent maintenance plan revision in 8 years as required by
the Clean Air Act. Also included were motor vehicle emission budgets
for use to determine transportation conformity in Vigo County. The 2015
motor vehicle emission budgets are 2.84 tons per day for VOC and 3.67
tons per day for NOX.
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.315 is amended by revising the entry for Terre Haute, IN:
Vigo County in the table entitled ``Indiana Ozone (8-Hour Standard)''
to read as follows:
Sec. 81.315 Indiana.
* * * * *
Indiana Ozone (8-Hour Standard)
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Designation \a\ Classification
Designated area ----------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Terre Haute, IN: 2/06/06 Attainment.......................... ........... ...........
Vigo County
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
[FR Doc. 06-72 Filed 1-4-06; 8:45 am]
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