[Federal Register Volume 72, Number 146 (Tuesday, July 31, 2007)]
[Proposed Rules]
[Pages 41658-41669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14741]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2007-0173; FRL-8448-1]
Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Indiana; Redesignation of Central Indiana To Attainment of
the 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On March 26, 2007, the Indiana Department of Environmental
Management (IDEM) submitted a request for EPA approval of a
redesignation of Boone, Hamilton, Hancock, Hendricks, Johnson, Madison,
Marion, Morgan, and Shelby Counties (the Central Indiana Area) to
attainment of the 8-hour ozone National Ambient Air Quality Standard
(NAAQS). IDEM also requested EPA approval of an ozone maintenance plan
for this area as a revision of the Indiana State Implementation Plan
(SIP). EPA proposes to determine that the Central Indiana Area has
attained the 8-hour ozone NAAQS. EPA proposes to approve Indiana's
request to redesignate the Central Indiana Area to attainment of the 8-
hour ozone NAAQS and to approve the State's ozone maintenance plan for
this area as a revision of the Indiana SIP. Finally, EPA proposes to
approve Volatile Organic Compounds (VOC) and Nitrogen Oxides
(NOX) Motor Vehicle Emission Budgets (MVEBs) for the Central
Indiana Area, as supported by the ozone maintenance plan for this area,
for purposes of transportation conformity determinations.
DATES: Comments must be received on or before August 30, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-0173, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (312) 886-5824.
Mail: John M. Mooney, Chief, Criteria Pollutant Section,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois. Such deliveries
are only accepted during the Regional Office's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office's official hours of operation
are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2007-0173. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI, or otherwise protected, through www.regulations.gov
or e-mail. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.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 and any form of encryption, and should be free of any
defects or viruses. For additional instructions on submitting comments,
go to section I of the SUPPLEMENTARY INFORMATION section of this
document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hardcopy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hardcopy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago,
[[Page 41659]]
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding Federal holidays. It is recommended
that you telephone Edward Doty, Environmental Scientist, at (312) 886-
6057, before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6057, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this proposed rule whenever
``we,'' ``us,'' or ``our'' is used, we mean the EPA. This supplementary
information section is arranged as follows:
I. What Action is EPA Proposing to Take?
II. What is the Background for This Action?
A. General Background Information
B. What is the Impact of December 22, 2006, and June 8, 2007,
United States Court of Appeals Decisions Regarding EPA's Phase 1
Implementation Rule?
1. Summary of Court Decision
2. Requirements Under the 8-Hour Ozone Standard
3. Requirements Under the 1-Hour Ozone Standard
III. What are the Criteria for Redesignations to Attainment?
IV. What Are EPA's Analyses and Opinions of the State's Requests and
What Are the Bases for EPA's Proposed Action?
A. Has the Central Indiana Area Attained the 8-Hour Ozone NAAQS?
B. Has the State of Indiana Committed to Maintain the Ozone
Monitoring System in the Central Indiana Area?
C. Have the Central Indiana Area and the State of Indiana Met
All of the Applicable Requirements of Section 110 and Part D of the
Clean Air Act, and Does the Central Indiana Area Have a Fully
Approved SIP Under Section 110(k) of the Clean Air Act?
1. The Central Indiana Area Has Met All Applicable Requirements
of Section 110 and Part D of the Clean Air Act
a. Section 110 and General SIP Requirements
b. Part D SIP Requirements
c. Part D, Subpart 1 SIP Requirements
d. Section 176 Conformity Requirements
e. Part D New Source Review (NSR) Requirements
2. The Central Indiana Area Has a Fully Approved SIP Under
Section 110(k) of the Clean Air Act (CAA)
D. Are the Air Quality Improvements in the Central Indiana Area
Due to Permanent and Enforceable Emission Reductions Resulting from
the Implementation of the Indiana SIP and Applicable Federal Air
Pollution Control Regulations and Other Permanent and Enforceable
Emission Reductions?
E. Does the Central Indiana Area Have a Fully Approvable Ozone
Maintenance Plan Pursuant to Section 175A of the CAA?
1. What Is Required in an Ozone Maintenance Plan?
2. What Are the Attainment Emission Inventories for the Central
Indiana Area?
a. Point Sources
b. Area Sources
c. On-Road Mobile Sources
d. Non-Road Mobile Sources
3. Has the State Demonstrated Maintenance of the Ozone Standard
in the Central Indiana Area?
4. What Is the Contingency Plan for the Central Indiana Area?
5. Has the State Committed to Update the Ozone Maintenance Plan
in Eight Years After the Redesignation of the Central Indiana Area
to Attainment of the 8-Hour Ozone NAAQS?
V. Has the State Adopted Acceptable Motor Vehicle Emissions Budgets
for the End Year of the Ozone Maintenance Period Which Can Be Used
to Support Conformity Determinations?
A. How Are the Motor Vehicle Emission Budgets Developed, and
What Are the Motor Vehicle Emission Budgets for the Central Indiana
Area?
B. Are the MVEBs Approvable?
VI. What Are the Effects of EPA's Proposed Actions?
VII. Statutory and Executive Order Reviews
I. What Action Is EPA Proposing to Take?
We are proposing to take several related actions for the Central
Indiana Area (Boone, Hamilton, Hancock, Hendricks, Johnson, Madison,
Marion, Morgan, and Shelby Counties). First, we are proposing to
determine that this area has attained the 8-hour ozone NAAQS. Second,
we are proposing to approve Indiana's ozone maintenance plan for this
area as a revision of the Indiana SIP. The maintenance plan is designed
to keep this area in attainment of the 8-hour ozone NAAQS through 2020.
Third, as supported by and consistent with the ozone maintenance plan,
we are proposing to approve the 2006 and 2020 VOC and NOX
MVEBs (54.32 tons VOC/day and 106.19 tons NOX/day in 2006,
and 29.52 tons VOC/day and 35.69 tons NOX/day in 2020) for
the nine counties in the Central Indiana Area for transportation
conformity determination purposes. Finally, we are proposing to approve
the redesignation of the Central Indiana Area to attainment of the 8-
hour ozone NAAQS.
II. What Is the Background for This Action?
A. General Background Information
EPA has determined that ground-level ozone is detrimental to human
health. On July 18, 1997, 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 replaced a prior 1-hour
ozone NAAQS, which was promulgated on February 8, 1979 (44 FR 8202),
and which EPA revoked on June 15, 2005 (69 FR 23858).
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\1\ This standard is violated in an area when any ozone monitor
in the area (or in its nearby downwind environs) records 8-hour
ozone concentrations with a three-year average of the annual fourth-
highest daily maximum 8-hour ozone concentrations equaling or
exceeding 85 ppb. See 40 CFR 50.10.
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Ground-level ozone is generally not emitted directly by emission
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.'' Control of ground-level ozone concentrations is achieved
through controlling VOC and NOX emissions.
Section 107 of the CAA requires EPA to designate as nonattainment
any area that violates the 8-hour ozone NAAQS. A Federal Register
notice promulgating 8-hour ozone designations and classifications 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 all
nonattainment areas for any pollutant governed by a NAAQS. 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, designation rulemaking, EPA divided 8-hour
ozone nonattainment areas into the categories of subpart 1
nonattainment (``basic'' nonattainment) and subpart 2 nonattainment
(``classified'' nonattainment). EPA based this division on the areas'
8-hour ozone design values (i.e., on the three-year averages of the
annual fourth-highest daily maximum 8-hour ozone concentrations at the
worst-case monitoring sites in the designated areas) and on their 1-
hour ozone design values (i.e., on 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\ using ozone data from the
period of 2001-2003. EPA classified 8-hour ozone nonattainment areas
with 1-hour ozone design values equaling or
[[Page 41660]]
exceeding 121 ppb as subpart 2, classified nonattainment areas. EPA
classified all other 8-hour nonattainment areas as subpart 1, basic
nonattainment areas. The basis for area classification was defined in a
separate April 30, 2004, final rule (the Phase 1 implementation rule)
(69 FR 23951). In the April 30, 2004, ozone designation/classification
rulemaking, EPA designated the Central Indiana Area, as a subpart 1,
basic nonattainment area for the 8-hour ozone NAAQS.
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\2\ The 8-hour ozone design value and the 1-hour ozone design
value for each area were not necessarily recorded at the same
monitoring site. The worst-case monitoring site for each ozone
concentration averaging time was considered for each area.
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On March 26, 2007, the State of Indiana requested redesignation of
the Central Indiana Area to attainment of the 8-hour ozone NAAQS based
on ozone data collected in this area during the period of 2004-2006.
B. What Is the Impact of December 22, 2006, and June 8, 2007, United
States Court of Appeals Decisions Regarding EPA's Phase 1
Implementation Rule?
1. Summary of Court Decision
On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit (D.C. Circuit) vacated EPA's Phase 1 implementation
rule for the 8-hour ozone standard (69 FR 23951, April 30, 2004). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006).
On June 8, 2007, in South Coast Air Quality Management Dist. v. EPA,
Docket No. 04-1201, in response to several petitions for rehearing, the
DC Circuit clarified that the Phase 1 rule was vacated only with regard
to those parts of the rule that had been successfully challenged.
Therefore, the Phase 1 rule provisions related to classifications for
areas currently classified under subpart 2 of title I, part D of the
CAA as 8-hour nonattainment areas, the 8-hour attainment dates and the
timing of emissions reductions needed for attainment of the 8-hour
ozone NAAQS remain effective. The June 8th decision left intact the
Court's rejection of EPA's reasons for implementing the 8-hour standard
in certain nonattainment areas under subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand EPA's revocation of the 1-
hour ozone standard and those anti-backsliding provisions of the Phase
1 rule that had not been successfully challenged. The June 8th decision
reaffirmed the December 22, 2006, decision that EPA had improperly
failed to retain measures required for 1-hour nonattainment areas under
the anti-backsliding provisions of the regulations: (1) Nonattainment
area New Source Review (NSR) requirements based on an area's 1-hour
nonattainment classification; (2) section 185 penalty fees for 1-hour
severe and extreme nonattainment areas; and, (3) measures to be
implemented pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on
the contingency of an area not making reasonable further progress
toward attainment of the 1-hour NAAQS, or for failure to attain that
NAAQS. In addition, the June 8th decision clarified that the Court's
reference to conformity requirements for anti-backsliding purposes was
limited to requiring the continued use of 1-hour motor vehicle emission
budgets until 8-hour budgets are available for 8-hour conformity
determinations, which is already required under EPA's conformity
regulations. The Court, thus, clarified that 1-hour conformity
determinations are not required for anti-backsliding purposes.
This section sets forth EPA's views on the potential effect of the
Court's rulings on this proposed redesignation action. For the reasons
set forth below, EPA does not believe that the Court's rulings alter
any requirements relevant to this redesignation action so as to
preclude redesignation, and do not prevent EPA from proposing or
ultimately finalizing this redesignation. EPA believes that the Court's
December 22, 2006, and June 8, 2007, decisions impose no impediment to
moving forward with redesignation of this area to attainment, because
even in light of the Court's decisions, redesignation is appropriate
under the relevant redesignation provisions of the CAA and longstanding
policies regarding redesignation requests.
2. Requirements Under the 8-Hour Ozone Standard
With respect to the 8-hour ozone standard, EPA notes that the
Court's ruling rejected EPA's reasons for classifying areas under
subpart 1 for the 8-hour ozone standard, and remanded that matter to
the EPA. Consequently, it is possible that the Central Indiana Area
could, during a remand to EPA, be reclassified under subpart 2.
Although any future decision by EPA to classify this area under subpart
2 might trigger additional future requirements for this area, EPA
believes that this does not mean that redesignation of the area cannot
now go forward. This belief is based upon (1) EPA's longstanding policy
of evaluating redesignation requests in accordance with the
requirements due at the time the redesignation request is submitted;
and, (2) consideration of the inequity of applying retroactively any
future requirements.
First, at the time the redesignation request was submitted by the
State, the Central Indiana Area was classified under subpart 1 and was
obligated to meet only subpart 1 requirements. Under EPA's longstanding
interpretation of section 107(d)(3)(E) of the CAA, to qualify for
redesignation, states requesting redesignation to attainment must meet
only the relevant SIP requirements that came due prior to the submittal
of a complete redesignation request. September 4, 1992, Calcagni
memorandum (``Procedures for Processing Requests to Redesignate Areas
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division). See also September 17, 1993, Michael Shapiro
memorandum, 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of
Detroit-Ann Arbor), and Sierra Club v. EPA, 375 F.3d 537 (7th Cir.
2004), which upheld this interpretation. See, e.g. also 68 FR 25418,
25424, 25427 (May 12, 2003) (redesignation of St. Louis).
Moreover, it would be inequitable to retroactively apply any new
SIP requirements that were not applicable at the time the redesignation
request was submitted. The DC Circuit has recognized the inequity in
such retroactive rulemaking. See Sierra Club v. Whitman, 285 F.3d 63
(DC Cir. 2002), in which the DC Circuit upheld a District Court's
ruling refusing to make retroactive an EPA determination of
nonattainment that was past the statutory due date. Such a
determination would have resulted in the imposition of additional
requirements on the area. The Court stated: ``Although EPA failed to
make the nonattainment determination within the statutory timeframe,
Sierra Club's proposed solution only makes the situation worse.
Retroactive relief would likely impose large costs on the States, which
would face fines and suits for not implementing air pollution
prevention plans in 1997, even though they were not on notice at the
time.'' Id. at 68. Similarly, here it would be unfair to penalize the
area by applying to it, for purposes of redesignation, additional SIP
requirements under subpart 2 that were not in effect at the time the
State submitted its redesignation request.
3. Requirements Under the 1-Hour Ozone Standard
With respect to the requirements under the 1-hour ozone standard,
we note that the Central Indiana Area was made up of two types of areas
relative to the 1-hour ozone standard at the time the 8-hour ozone
standard was promulgated. First, Marion County was an ozone maintenance
area, having been previously designated as a nonattainment area under
the 1-hour
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ozone standard and having subsequently been redesignated to attainment
of the 1-hour ozone standard. Second, all remaining Counties in the
Central Indiana Area were designated as attainment/unclassifiable areas
under the 1-hour ozone standard, having never been designated as 1-hour
ozone nonattainment areas. The Court's ruling on EPA's Phase 1 rule
does not impact redesignation requests for either of these types of
areas.
First, because Boone, Hamilton, Hancock, Hendricks, Johnson,
Madison, Morgan, and Shelby Counties were designated as attainment/
unclassifiable under the 1-hour ozone standard, and were never
designated nonattainment for the 1-hour ozone standard, there are no
outstanding 1-hour ozone nonattainment requirements that these counties
would be required to meet. Thus, we find that the Court's ruling does
not result in any additional 1-hour requirements for purposes of
redesignation.
Second, with respect to the 1-hour ozone standard requirements for
Marion County, this area was an attainment area subject to a Clean Air
Act section 175A maintenance plan under the 1-hour ozone standard. The
Court's decisions do not impact redesignation requests for these types
of areas, except to the extent that the Court in its June 8th decision
clarified that for those areas with 1-hour motor vehicle emissions
budgets in their 1-hour ozone maintenance plans, anti-backsliding
requires that those 1-hour budgets must be used for 8-hour conformity
determinations until replaced by 8-hour budgets. To meet this
requirement, conformity determinations in such areas must continue to
comply with the applicable requirements of EPA's conformity regulations
at 40 CFR part 93. The Court clarified that 1-hour conformity
determinations are not required for anti-backsliding purposes.
With respect to the three other anti-backsliding provisions for the
1-hour ozone standard that the Court found were not properly retained,
Marion County is an attainment area subject to a maintenance plan for
the 1-hour ozone standard, and the NSR, contingency measures (pursuant
to section 172(c)(9) or 182(c)(9)), and fee provision requirements no
longer apply to this area because it has been redesignated to
attainment of the 1-hour ozone standard.
Thus, the decision in South Coast Air Quality Management Dist.
should not preclude EPA from finalizing the redesignation of this area.
III. What Are the Criteria for Redesignations to Attainment?
The CAA provides the basic requirements for redesignating a
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of
the CAA authorizes the EPA to redesignate an area to attainment of the
NAAQS provided that: (1) The Administrator determines that the area has
attained the applicable NAAQS based on current air quality data; (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
emission reductions resulting from implementation of the applicable
SIP, Federal air pollution control regulations, and other permanent and
enforceable emission reductions; (4) the Administrator has fully
approved a maintenance plan for the area 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 redesignations in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1900 on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070). The two main policy guidelines affecting the review
of ozone redesignation requests are the following: ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992 (the September 4, 1992 Calcagni memorandum); 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
(the May 10, 1995 Seitz memorandum). For additional policy guidelines
used in the review of ozone redesignation requests, see our proposed
rule for the redesignation of the Evansville, Indiana ozone
nonattainment area at 70 FR 53606 (September 9, 2005).
IV. What Are EPA's Analyses and Opinions of the State's Requests and
What Are the Bases for EPA's Proposed Action?
EPA is proposing to: (1) Determine that the Central Indiana Area
has attained the 8-hour ozone standard; (2) approve the ozone
maintenance plan for the Central Indiana Area and the VOC and
NOX MVEBs supported by the maintenance plan; and, (3)
approve the redesignation of the Central Indiana Area to attainment of
the 8-hour ozone NAAQS. The bases for our proposed determination and
approvals follow.
A. Has the Central Indiana Area 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 all ozone monitoring sites in the area and
in its nearby downwind environs. To attain this standard, the average
of the annual fourth-high daily maximum 8-hour average ozone
concentrations measured and recorded at each monitor (the monitoring
site's ozone design value) within the area and in its nearby downwind
environs over the most recent three-year period must not exceed the
ozone standard. Based on an ozone data rounding convention described in
40 CFR 50, appendix I, the 8-hour ozone standard is attained if the
area's ozone design value \3\ is 0.084 ppm (84 ppb) or less. The data
must be collected and quality-assured in accordance with 40 CFR 58, and
must be recorded in EPA's Air Quality System (AQS). The ozone monitors
generally should have remained at the same locations for the duration
of the monitoring period required to demonstrate attainment (for three
years or more). The data supporting attainment of the standard must be
complete in accordance with 40 CFR 50, appendix I.
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\3\ The worst-case monitoring site-specific ozone design value
in the area and in its nearby downwind environs.
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As part of the ozone redesignation request, IDEM submitted
summarized 2004-2006 peak 8-hour ozone monitoring data for the Central
Indiana Area. These ozone concentrations are part of the quality-
assured ozone data recorded in the Air Quality System. The annual
fourth-high 8-hour daily maximum concentrations for each year, along
with the three-year averages,\4\ are summarized in Table 1.
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\4\ Three-year averages are specified for the last year of each
three-year period and specify the monitoring site design values.
[[Page 41662]]
Table 1.--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations in Parts per Million (ppm)
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Percent
Site Id County Site name Year observations Fourth-high Three-year
ozone season concentration average
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18-011-0001............................. Boone..................... Whitestown................ 2004 100 0.072 ..............
Whitestown................ 2005 100 0.082 ..............
Whitestown................ 2006 100 0.080 0.078
18-057-1001............................. Hamilton.................. Noblesville............... 2004 99 0.075 ..............
Noblesville............... 2005 99 0.087 ..............
Noblesville............... 2006 100 0.077 0.079
18-059-0003............................. Hancock................... Fortville................. 2004 100 0.072 ..............
Fortville................. 2005 99 0.080 ..............
Fortville................. 2006 99 0.075 0.075
18-063-0004............................. Hendricks................. Avon...................... 2004 100 0.071 ..............
Avon...................... 2005 100 0.078 ..............
Avon...................... 2006 100 0.073 0.074
18-081-0002............................. Johnson................... Trafalgar................. 2004 100 0.073 ..............
Trafalgar................. 2005 100 0.077 ..............
Trafalgar................. 2006 98 0.078 0.076
18-095-0010............................. Madison................... Emporia................... 2004 100 0.072 ..............
Emporia................... 2005 100 0.078 ..............
Emporia................... 2006 97 0.073 0.074
18-097-0050............................. Marion.................... Ft. Benjamin Harrison..... 2004 99 0.073 ..............
Ft. Benjamin Harrison..... 2005 99 0.080 ..............
Ft. Benjamin Harrison..... 2006 100 0.076 0.076
18-097-0057............................. Marion.................... Harding St................ 2004 100 0.066 ..............
Harding St................ 2005 100 0.081 ..............
Harding St................ 2006 93 0.076 0.074
18-097-0042............................. Marion.................... Mann Road................. 2004 99 0.065 ..............
Mann Road................. 2005 100 0.076 ..............
Mann Road................. 2006 98 0.074 0.071
18-097-0073............................. Marion.................... Naval Air Warfare Center.. 2004 100 0.071 ..............
Naval Air Warfare Center.. 2005 100 0.080 ..............
Naval Air Warfare Center.. 2006 93 0.072 0.074
18-109-0005............................. Morgan.................... Monrovia.................. 2004 99 0.072 ..............
Monrovia.................. 2005 100 0.078 ..............
Monrovia.................. 2006 100 0.077 0.075
18-145-0001............................. Shelby.................... Fairland.................. 2004 99 0.071 ..............
Fairland.................. 2005 100 0.080 ..............
Fairland.................. 2006 98 0.073 0.074
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The above data show that, during the period of 2004-2006, no
violations of the 8-hour ozone standard were recorded in the Central
Indiana Area. In addition, we find that the ozone data for the years
considered meet data completeness requirements of 40 CFR part 50,
appendix I. Based on these data, we conclude and find that the Central
Indiana Area has attained the 8-hour ozone NAAQS.
B. Has the State of Indiana Committed To Maintain the Ozone Monitoring
System in the Central Indiana Area?
IDEM commits to maintain the ozone monitoring network in the
Central Indiana Area during the ozone maintenance period. Any necessary
changes in the ozone monitoring system will be discussed in advance
with the EPA. This commitment is acceptable.
C. Have the Central Indiana Area and the State of Indiana Met All of
the Applicable Requirements of Section 110 and Part D of the Clean Air
Act, and Does the Central Indiana Area Have a Fully Approved SIP Under
Section 110(k) of the Clean Air Act?
We have determined that the Central Indiana Area and the State of
Indiana have met all currently applicable SIP requirements for the
Central Indiana Area, including the requirements under section 110 of
the CAA (general SIP requirements) and the requirements under subpart 1
part D of title I of the CAA (requirements specific to all ozone
nonattainment areas). See section 107(d)(3)(E)(v) of the CAA. In
addition, EPA has fully approved the pertinent elements of the Indiana
SIP. See section 107(d)(3)(E)(ii) of the CAA. We note that SIPs must be
fully approved only with respect to currently applicable requirements
of the CAA, which were those CAA requirements applicable to the Central
Indiana Area at the time the State of Indiana submitted the final,
complete ozone redesignation request for this area, March 26, 2007.
1. The Central Indiana Area Has Met All Applicable Requirements of
Section 110 and Part D of the Clean Air Act
The September 4, 1992, Calcagni memorandum describes EPA's
interpretation of section 107(d)(3)(E) of the CAA. To qualify for
redesignation of an area to attainment under this interpretation, 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, Michael Shapiro
memorandum and 66 FR 12459, 12465-12466 (March 7, 1995, redesignating
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 of the area to attainment of the standard is
approved, but are not required as
[[Page 41663]]
prerequisites to redesignation. See section 175A(c) of the CAA. Sierra
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 66 FR 25424, 25427
(May 12, 2003, redesignation of the St. Louis/East St. Louis area to
attainment of the 1-hour ozone NAAQS).
a. Section 110 and 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 emission control measures, means, or techniques; provisions
for the establishment and operation of appropriate devices necessary to
collect data on ambient air quality; programs to enforce the emission
limitations; submittal of a SIP that has been adopted by the State
after reasonable public notice and a hearing; implementation of a
source permit program; provisions for the implementation of part C
requirements (Prevention of Significant Deterioration (PSD)) and part D
requirements (NSR for new sources or major source modifications);
criteria for stationary source emission control measures, monitoring,
and reporting; provisions for air quality modeling; and provisions for
public and local agency participation.
SIP requirements and 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 SIPs to contain certain
measures to prevent sources in a State from significantly contributing
to air quality problems in another State. To implement this provision,
EPA required States to establish programs to address transport of air
pollutants (NOX SIP call and Clean Air InterState Rule
(CAIR)). EPA has also found, generally, that States have not submitted
SIPs under section 110(a)(1) of the CAA to meet the interstate
transport requirements of section 110(a)(2)(D)(i) of the CAA (70 FR
21147, April 25, 2005). However, the section 110(a)(2)(D) requirements
for a State are not linked with a particular area's designation. EPA
believes that the requirements linked with a particular area's
nonattainment 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 that are 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 an area's designation and classification are the relevant
measures for evaluating this aspect of 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 and 62 FR 24826, May 7, 1997); Cleveland-Akron-
Lorain, 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, Ohio ozone redesignation
(65 FR 37890, June 19, 2000), and the Pittsburgh, Pennsylvania ozone
redesignation (66 FR 50399, October 19, 2001).
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
ozone standard. We have analyzed the Indiana SIP as codified in 40 CFR
part 52, subpart P and have determined that it is consistent with the
requirements of section 110(a)(2) of the CAA. The SIP, which has been
adopted after reasonable public notice and hearing, contains
enforceable emission limitations; requires monitoring, compiling, and
analyzing ambient air quality data; requires preconstruction review of
new major stationary sources and major modifications of existing
sources; provisions for adequate funding, staff, and associated
resources necessary to implement its requirements; requires stationary
source emissions monitoring and reporting; and otherwise satisfies the
applicable requirements of section 110(a)(2).
b. Part D SIP Requirements
EPA has determined that the Indiana SIP meets applicable SIP
requirements under part D of the CAA. Under part D, an area's
classification--either subpart 1 or subpart 2 (marginal, moderate,
serious, severe, and extreme)--indicates the requirements to which it
will be subject. 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. Subpart 2 of part D, found in
section 182 of the CAA, establishes additional specific requirements
depending on the area's nonattainment classification. Since the Central
Indiana Area is designated as a subpart 1 nonattainment area for the 8-
hour ozone standard, the subpart 2 part D requirements do not apply to
these Counties.
c. Part D, Subpart 1 SIP Requirements
For purposes of evaluating this redesignation request, the
applicable subpart 1 part D requirements are contained in sections
172(c)(1)-(9) and 176. A thorough discussion of the requirements of
section 172 can be found in the General Preamble for Implementation of
Title I (57 FR 13498). See also 68 FR 4852-4853, an ozone redesignation
notice of proposed rulemaking for the St. Louis area, for a discussion
of section 172 requirements.
No requirements for the 8-hour ozone standard under part D, subpart
1 of the CAA came due for the Central Indiana Area prior to when the
State submitted the complete ozone redesignation request. For example,
the requirement for an ozone attainment demonstration, as contained in
section 172(c)(1), was not yet due when the State submitted the ozone
redesignation request for these counties, nor were 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 attainment plan and RFP
contingency measures (section 172(c)(9)). All of these SIP elements are
required for submittal after Indiana
[[Page 41664]]
submitted the complete, adopted ozone redesignation request and
maintenance plan for the Central Indiana Area. Therefore, none of the
part D requirements for the 8-hour ozone standard are considered to be
applicable to the Central Indiana Area for purposes of redesignation.
d. 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.
As with other part D requirements, EPA interprets the conformity
requirements as not applying for purposes of evaluating the ozone
redesignation request under section 107(d) of the CAA. In addition,
please note that conformity rules are required for areas that are
redesignated to attainment of a NAAQS, and that 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).
e. Part D New Source Review (NSR) Requirements
EPA has 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 emission reductions from part D NSR, since Prevention
of Significant Deterioration (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 Central Indiana Area will be able to
maintain the 8-hour ozone standard without part D NSR in effect, and
therefore, we conclude 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 Central Indiana 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).
We conclude that the Central Indiana Area has satisfied all
applicable requirements under section 110 and part D of the CAA to the
extent that these requirements apply for purposes of reviewing the
State's ozone redesignation request.
2. The Central Indiana Area Has a Fully Approved SIP Under Section
110(k) of the Clean Air Act (CAA)
EPA has fully approved the Indiana SIP for the Central Indiana 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); and, 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 Central Indiana Area for purposes of ozone
redesignation. No SIP provisions relevant to the Central Indiana Area
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 review of the State's redesignation
request. EPA believes that approval of section 110 SIP elements under
the 1-hour ozone standard satisfies the prerequisite for approval of
the ozone redesignation request for purposes of attaining and
maintaining the 8-hour ozone standard. EPA also believes that since the
part D requirements for the 8-hour ozone standard did not become due
prior to Indiana's submittal of the final, complete redesignation
request, they also are not applicable requirements for purposes of
redesignation.
D. Are the Air Quality Improvements in the Central Indiana Area Due to
Permanent and Enforceable Emission Reductions Resulting From the
Implementation of the Indiana SIP and Applicable Federal Air Pollution
Control Regulations and Other Permanent and Enforceable Emission
Reductions?
We believe that the State of Indiana has adequately demonstrated
that the observed air quality improvements in the Central Indiana Area
are due to permanent and enforceable emission reductions resulting from
the 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 from
anthropogenic (man-made or man-based) sources in the Central Indiana
Area and the changes in NOX emissions from Electric
Generating Units (EGUs) Statewide occurring over the period of 1999-
2005. This period includes 2002, an ozone standard violation year, and
2005, the year in the middle of the 2004-2006 attainment period. The
State has also identified the emission control regulations that have
been implemented in the Central Indiana Area and that have contributed
to attainment of the ozone standard.
Table 2 summarizes the VOC and NOX emissions totals from
the anthropogenic sources in the Central Indiana Area for 1999, 2002,
and 2005 as documented in the State's redesignation request. Table 3
summarizes the NOX emissions trend for EGUs in the Central
Indiana Area, and Table 4 summarizes the NOX emissions trend
for EGUs Statewide.
Table 2.--VOC and NOX Emissions Totals in the Central Indiana Area in
Tons per Summer Day
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
1999................................................ 290.84 293.15
2002................................................ 249.67 264.69
2005................................................ 199.25 220.18
------------------------------------------------------------------------
Table 3.--NOX Emissions Totals for EGUs in the Central Indiana Area in
Tons per Ozone Season (April-September)
------------------------------------------------------------------------
Year NOX emissions
------------------------------------------------------------------------
1999...................................... 31,815
2000...................................... 25,028
2001...................................... 27,394
2002...................................... 22,661
2003...................................... 17,984
2004...................................... 11,798
[[Page 41665]]
2005...................................... 10,591
------------------------------------------------------------------------
Table 4.--NOX Emissions Totals for EGUs in Indiana Statewide In Tons per
Ozone Season
------------------------------------------------------------------------
Year NOX emissions
------------------------------------------------------------------------
1999...................................... 149,827
2000...................................... 133,881
2001...................................... 136,052
2002...................................... 113,996
2003...................................... 99,283
2004...................................... 66,568
2005...................................... 55,486
------------------------------------------------------------------------
Information in the above tables indicates that both VOC and
NOX emissions significantly decreased in the Central Indiana
Area between 2002 and 2005. In particular, the NOX emissions
from EGUs in this area significantly decreased during this period due
to the implementation of EPA's NOX SIP call and acid rain
control requirements. As discussed further below, these emission
reductions are primarily due to the implementation of permanent and
enforceable emission controls, which are believed to have significantly
contributed to the attainment of the 8-hour ozone standard in this
area.
The Statewide NOX emission reductions for EGUs are
believed to have significantly reduced ozone transport into the Central
Indiana Area, further reducing the peak ozone concentrations in this
area. These emission reductions are primarily due to the implementation
of the State's NOX emission control rules stemming from
EPA's NOX SIP call and acid rain control requirements. These
NOX emission control rules are permanent and enforceable. We
agree with the State that these NOX control rules have
significantly reduced ozone levels in and ozone transport to the
Central Indiana Area.
Besides the NOX SIP call regulations, IDEM notes that
the following VOC emission control regulations have been implemented in
the Central Indiana Area (``IAC'' is the Indiana Administrative Code):
326 IAC 8-1-6 Best Available Control Technology (BACT) for non-specific
sources
326 IAC 8-2 Surface Coating Emission Limitations
326 IAC 8-3 Organic Solvent Degreasing Operation Controls
326 IAC 8-4 Petroleum Sources Controls
326 IAC 8-5 Miscellaneous Operations Controls
326 IAC 8-6 Organic Solvent Emission Limitations
326 IAC 8-8.1-1 Municipal Solid Waste Landfills Not Located in Clark,
Floyd, Lake and Porter Counties Controls.
In addition, because EPA had initially designated Marion County as
nonattainment under the 1-hour ozone standard, VOC sources that existed
after July 1, 1990, in Marion County are also subject to RACT rules.
Sources in the surrounding Counties (Boone, Hancock, Hamilton, Johnson,
Morgan, and Shelby Counties) are subject to portions of 326 IAC 8-4
(326 IAC 8-4-4 through 8-4-7 and 8-4-9) that do not apply Statewide.
These emission control requirements have led to reduced VOC emissions
in the Central Indiana Area.
Finally, the State notes that several nationwide rules have been
implemented (or will be implemented in the near future), resulting in
VOC and NOX emission reductions subsequent to 2002 in the
Central Indiana Area and Statewide. These emission reduction rules
include: (a) Tier II emission standards for vehicles and gasoline
sulfur standards; (b) heavy-duty diesel engine standard and low-sulfur
diesel fuel standards; and, (c) Clean Air Non-road Diesel Rule. These
emission reduction rules will provide additional emission reductions in
the future.
The State commits to maintain existing emission control measures
after the redesignation of the Central Indiana Area to attainment of
the 8-hour ozone NAAQS. If an emission control rule must be changed,
the State will submit the rule change as a requested SIP revision to
the EPA. IDEM maintains that it has the legal authority and necessary
resources to enforce any violations of the existing emission control
rules.
E. Does the Central Indiana Area Have a Fully Approvable Ozone
Maintenance Plan Pursuant to Section 175A of the CAA?
In conjunction with its request to redesignate the Central Indiana
Area to attainment of the 8-hour ozone NAAQS, Indiana submitted a SIP
revision request to provide for maintenance of the 8-hour ozone NAAQS
in the Central Indiana Area through 2020, exceeding the 10 year minimum
maintenance period required by the CAA.
1. What Is Required in an Ozone Maintenance Plan?
Section 175A of the CAA sets forth the required elements of air
quality maintenance plans for areas seeking redesignation to attainment
of a NAAQS. Under section 175A, a maintenance plan must demonstrate
continued attainment of the applicable NAAQS for at least 10 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 maintenance of the standard
will continue for 10 years following the initial 10-year maintenance
period. The maintenance plan must commit the State to submit this
revised maintenance plan to the EPA. To address the possibility of
future NAAQS violations, the maintenance plan must contain such
contingency measures, with a schedule for implementation, as EPA deems
necessary, to assure prompt correction of any future NAAQS 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: (1) The attainment VOC
and NOX emissions inventories; (2) a maintenance
demonstration showing maintenance for the first 10 years of the
maintenance period; (3) a commitment to maintain the existing
monitoring network; (4) factors and procedures to be used for
verification of continued attainment; and, (5) a contingency plan to
prevent and/or correct a future violation of the NAAQS.
2. What Are the Attainment Emission Inventories for the Central Indiana
Area?
IDEM estimated future VOC and NOX emissions for the
Central Indiana Area for 2010, 2015, and 2020 to compare with the 2005
VOC and NOX emissions for this area and to demonstrate
maintenance of the ozone standard in this area. Future emissions were
estimated for point (significant stationary sources), area (smaller
point and/or widely distributed stationary sources), on-road mobile,
and non-road mobile sources for this area. To develop the 2010, 2015,
and 2020 emissions, IDEM projected the 2002 base year emissions
applying various source category-specific growth factors and emission
control factors or growth estimates collected directly from the
sources. The following summarizes the procedures and data sources used
by IDEM to derive the projected emissions.
[[Page 41666]]
a. Point Sources
The primary source of point source information for the base period,
2002, was facility-specific emissions and source activity data
collected annually by the State for inclusion in IDEM's annual
emissions statement database. This information includes emissions,
process rates, source operating schedules, emissions control data, and
other relevant source information. Emission growth factors and future
emission control factors provided by the Lake Michigan Air Directors
Consortium (LADCO) were used to project the point source VOC and non-
EGU NOX emissions to 2005, 2010, 2015, and 2020. The
NOX emissions from EGUs were projected based on the EGU
NOX emission budget contained in the Indiana NOX
rule.
b. Area Sources
Area sources are those sources which are generally small, numerous,
and have not been inventoried as specific point, mobile, or non-road
mobile sources. The emissions for these sources are generally
calculated using various surrogates, such as population by county,
estimates of employees in various occupational groups, etc., and
grouped by general source types. The area source emissions are
typically defined at the county level.
IDEM developed area source emissions for a 2002 periodic emissions
inventory submitted to the EPA. The surrogate data used to derive these
emissions were grown to 2005, 2010, 2015, and 2020. The projected
surrogates or other assumed annual growth rates were used to calculate
the projected VOC and NOX emissions for each area source
type.
c. On-Road Mobile Sources
On-road mobile source emissions were calculated using the MOBILE
6.2 emission factor model and other mobile source data, including
estimated traffic levels and vehicle type and age distribution data,
extracted from the area's travel-demand model.
d. Non-Road Mobile Sources
Non-road mobile source emissions were based on emissions in the
2002 National Emissions Inventory (NEI). The 2005, 2010, 2015, and 2020
non-road mobile source emissions were grown from the 2002 NEI
emissions. To address concerns about the accuracy of the emissions
derived for some of the non-road mobile source categories in EPA's non-
road emissions model, LADCO contracted with several companies to review
the base data used in the emissions model. A contractor also estimated
emissions for two non-road source categories not included in EPA's non-
road emissions model, commercial marine vessels and railroads.
Recreational motorboat emissions were significantly updated. The
equipment population and spatial surrogate data for other source types
were also significantly updated. A new non-road estimation model was
also provided by the EPA for the 2002 emissions analysis. The updated
2002 emissions were used to project the emissions to 2005, 2010, 2015,
and 2020.
3. Has the State Demonstrated Maintenance of the Ozone Standard in the
Central Indiana Area?
As part of the redesignation request submittal, IDEM requested a
revision of the Indiana SIP to incorporate an ozone maintenance plan
for the Central Indiana Area as required under section 175A of the CAA.
The maintenance plan demonstrates maintenance of the 8-hour ozone NAAQS
through 2020 by documenting the attainment year (2005) and future VOC
and NOX emissions. Indiana has shown that VOC and
NOX emissions will remain below the attainment year levels
through 2020. An ozone maintenance demonstration need not be based on
ozone 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).
Table 5 summarizes the VOC and NOX emissions projected
to occur in the entire Central Indiana Area during the demonstrated
maintenance period. The State of Indiana chose 2020 as a maintenance
year to meet the 10-year maintenance requirement of the CAA, allowing
several years for the EPA to complete the redesignation rulemaking
process. The State also chose 2010 and 2015 as interim years to
demonstrate that VOC and NOX emissions will remain below the
attainment year levels throughout the maintenance period.
Table 5.--VOC and NOX Emissions In the Central Indiana Area During the
Ozone Maintenance Period in Tons per Summer Day
----------------------------------------------------------------------------------------------------------------
Source sector 2005 2010 2015 2020
----------------------------------------------------------------------------------------------------------------
VOC Emissions
----------------------------------------------------------------------------------------------------------------
Area............................................ 94.85 99.29 106.31 100.81
Point........................................... 13.54 14.34 16.00 14.85
Non-Road Mobile................................. 30.36 28.77 24.06 25.29
On-Road Mobile.................................. 60.50 44.19 35.33 26.47
---------------------------------------------------------------
Total....................................... 199.25 186.59 181.70 167.42
----------------------------------------------------------------------------------------------------------------
NOX Emissions
----------------------------------------------------------------------------------------------------------------
Area............................................ 24.26 22.39 23.12 22.74
Point........................................... 56.63 33.31 32.41 32.77
Non-Road Mobile................................. 22.55 33.05 24.06 18.36
On-Road Mobile.................................. 116.74 78.40 55.42 32.45
---------------------------------------------------------------
Total....................................... 220.18 167.15 135.01 106.32
----------------------------------------------------------------------------------------------------------------
IDEM notes that the State's EGU NOX emissions control
rules stemming from EPA's NOX SIP call and CAIR, to be
implemented primarily after 2006, will further lower NOX
emissions throughout the State of Indiana and upwind of the Central
Indiana Area. This will result in reduced ozone and ozone precursor
transport into the Central Indiana Area, and will support maintenance
of the 8-hour ozone NAAQS in this area.
[[Page 41667]]
The emissions projections for the Central Indiana Area lead to the
conclusion that this area should maintain the 8-hour ozone NAAQS
throughout the required 10-year maintenance period and through 2020.
The projected decreases in local VOC and local and regional
NOX emissions indicate that peak ozone levels in the Central
Indiana Area may further decline during the maintenance period.
We conclude that IDEM has successfully demonstrated that the 8-hour
ozone standard will be maintained in the Central Indiana Area.
4. What Is the Contingency Plan for the Central Indiana Area?
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 must identify the contingency
measures to be considered for possible adoption, a schedule and
procedure for adoption and implementation of the selected 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 commitment that the State will continue
to implement all emission control measures that were included in the
SIP before the redesignation of the area to attainment. See section
175A(d) of the CAA.
As required by the CAA, Indiana has adopted a contingency plan to
address possible future ozone air quality problems in the Central
Indiana Area. The contingency plan has two levels of actions/responses
depending on whether a violation of the 8-hour ozone standard is only
threatened (Warning Level Response) or has actually occurred or appears
to be imminent (Action Level Response).
A Warning Level Response will be triggered whenever an annual (1-
year) fourth-high monitored 8-hour ozone concentration of 0.089 ppm
occurs in a single ozone season, or a 2-year average fourth-high
monitored 8-hour ozone concentration of 0.085 ppm or higher occurs
within the Central Indiana maintenance area (within the Central Indiana
Area). A Warning Level Response will consist of a study to determine
whether the high ozone concentration indicates a trend toward higher
ozone values or whether emissions appear to be increasing. The study
will determine if the trend toward high ozone concentrations is likely
to continue. If so, the emission control measures necessary to reverse
the trend, taking into consideration ease and timing of implementation
and economic and social considerations, will be adopted and
implemented. Implementation of necessary emission controls will take
place no later than 12 months from the conclusion of the most recent
ozone season (September 30).
An Action Level Response will be triggered when a violation of the
8-hour ozone standard is monitored, when the three-year average annual
fourth-high daily maximum 8-hour concentration is 0.085 ppm or higher
at any monitor, in the Central Indiana Area. In the event that an
Action Level Response is triggered and is not found to be due to an
exceptional event, malfunction, or noncompliance with a permit
condition or rule requirement, IDEM will determine the additional
emission control measures needed to assure future attainment of the
ozone NAAQS. Emission control measures that can be implemented in a
short time will be selected in order to be in place within 18 months
from the close of the ozone season in which the Action Level Response
is triggered.
Assuming that new emission controls are needed, if a new emission
control measure is already promulgated and scheduled to be implemented
at the Federal or State level and that control measure is determined to
be sufficient to address the upward trend in ozone concentrations,
additional local emission control measures may be unnecessary. The
State will submit to EPA an analysis to demonstrate that the proposed
emission control measures are adequate to return the area to attainment
or to correct the air quality trend.
The selection of emission control measures for implementation will
be based on cost-effectiveness, emission reduction potential, economic
and social considerations, and other factors that IDEM deems
appropriate. IDEM will solicit input from interested and affected
persons in the maintenance area prior to selecting appropriate
contingency measures. IDEM has not specified a definitive list of
measures that will be considered and may consider emission control
measures not included in the list of potential emission control
measures summarized in the ozone maintenance plan.
The ozone maintenance plan lists the following emission control
measures as possible contingency measures that have been selected and
reviewed by the Central Indiana Air Quality Advisory Group (a group of
industrial representatives, individuals, and local government
representatives from the Central Indiana Area):
Lower Reid vapor pressure gasoline;
Broader geographic applicability of existing emission
control requirements;
Tightening of RACT on existing sources covered by EPA
control technique guidelines issued in response to the 1990 Clean Air
Act revisions;
Application of RACT to smaller existing sources;
Vehicle inspection/maintenance program;
One or more transportation control measure sufficient to
achieve at least a half of a percent (0.5 percent) reduction of actual
area-wide VOC emissions. Transportation control measures will be
selected from the following based on the factors discussed above and
after consultation with the affected local governments:
(a) Trip reduction programs, including 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;
Alternative fuel and diesel retrofit programs for fleet
vehicle operations;
VOC or NOX emission offsets for new and
modified major sources;
VOC or NOX emission offsets for new and
modified minor sources;
Increase the ratio of emission offsets required for new
sources; and,
VOC or NOX emission controls on new minor
sources.
No contingency measure will be implemented without providing the
opportunity for public participation in the selection process, during
which the relative costs and benefits of individual emission control
measures will be evaluated.
5. Has the State Committed to Update the Ozone Maintenance Plan in
Eight Years After the Redesignation of the Central Indiana Area to
Attainment of the 8-Hour Ozone NAAQS?
As required by section 175A(b) of the CAA, the State commits to
review the maintenance plan 8 years after redesignation of the Central
Indiana Area and to submit a revised maintenance plan to the EPA
extending the maintenance period for 10 years beyond the initial 10-
year maintenance period.
We find Indiana's ozone maintenance demonstration, contingency
plan, and commitment to update the maintenance plan to be acceptable.
[[Page 41668]]
V. Has the State Adopted Acceptable Motor Vehicle Emissions Budgets for
the End Year of the Ozone Maintenance Period Which Can Be Used To
Support Conformity Determinations?
A. How Are the Motor Vehicle Emission Budgets Developed, and What Are
the Motor Vehicle Emission Budgets for the Central Indiana Area?
Under the CAA, States are required to submit, at various times, SIP
revisions and ozone maintenance plans for applicable areas (for ozone
nonattainment areas and for areas seeking redesignations to attainment
of the ozone standard or revising existing ozone maintenance plans).
These emission control SIP revisions (e.g., reasonable further progress
and attainment SIP revisions), including ozone maintenance plans, must
create MVEBs based on on-road mobile source emissions that are
allocated to highway and transit vehicle use and that, together with
emissions from all other sources in the area, will provide for
attainment or maintenance of the ozone NAAQS.
Under 40 CFR part 93, MVEBs for an area seeking a redesignation to
attainment of the NAAQS are established for the last year of the
maintenance period (for the maintenance demonstration year). The MVEBs
serve as ceilings on mobile source emissions from an area's planned
transportation system, and are used to test planned transportation
system changes or projects to assure compliance with the emission
limits assumed in the SIP. 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 MVEBs in
the SIP and how to revise the MVEBs 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, trucks, and other on-road vehicles. Conformity to the SIP means
that transportation activities should not cause new air quality
standard violations, or delay timely attainment of the NAAQS. If a
transportation plan does not conform, most new transportation projects
that would expand the vehicle capacity of the 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
find that the MVEBs are ``adequate'' for use in determining
transportation conformity. Once EPA 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 specified in 40 CFR 93.118(e)(4).
EPA's process of determining adequacy of MVEBs consists of three
basic steps: (1) Providing public notification of a SIP submission; (2)
providing the public the opportunity to comment on the MVEBs during a
public comment period; and (3) making a 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, 1999, 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 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 Transportation Conformity Rule, in 40 CFR 93.118(f), provides
for adequacy findings through two mechanisms. First, 40 CFR
93.118(f)(1) provides for posting a notice to the EPA conformity Web
site at: http://www.epa.gov/otaq/Stateresources/transconf/adequacy.htm
and providing a 30-day public comment period. Second, a mechanism is
described in 40 CFR 93.118(f)(2) which provides that EPA can review the
adequacy of an implementation plan submission simultaneously with its
review of the implementation plan itself.
The Central Indiana Area ozone maintenance plan contains VOC and
NOX MVEBs for 2006 and 2020. An interagency group of
consultation partners chose to include MVEBs for 2006 to assist in
streamlining the transportation conformity process. The year 2006 was
chosen because it represents one of the years the Central Indiana Area
attained the 8-hour ozone standard and because the travel demand models
used in transportation planning contain a defined mobile source network
for 2006.
The 2006 MVEBs are 54.32 tons VOC/day and 106.19 tons
NOX/day. The 2020 MVEBs are 29.52 tons VOC/day and 35.69
tons NOX/day. Note that the 2020 MVEBs contain safety
margins (emission levels exceeding the on-road mobile source emissions
levels actually projected for the area and included in the maintenance
demonstration). See the 2020 on-road mobile source emissions specified
in Table 5 above.
The State is applying safety margins in specifying the 2020 MVEBs
to accommodate the assumptions and associated potential estimate errors
that are factored into the projection of future emission estimates.
Since assumptions change over time or are shown to be incorrect, some
errors may actually occur in estimated future emissions. Therefore, it
is reasonable, if not necessary, to incorporate safety margins into the
setting of MVEBs.
A ``margin of safety'' is the difference between the attainment
level emissions from all sources and the projected levels of emissions
from all sources in the maintenance plan for the maintenance year. As
noted in Table 5 above, the Central Indiana Area is projected to have a
VOC margin of safety of 31.83 tons/day and a NOX margin of
safety of 113.86 tons/day in 2020. These margins of safety
significantly exceed the safety margins incorporated into the 2020
MVEBs (the 2020 MVEB VOC safety margin is 3.05 tons/day and the 2020
MVEB NOX safety margin is 3.24 tons/day, the differences
between the 2020 MVEBs and the projected on-road mobile source
emissions). Therefore, the safety margins incorporated into the 2020
MVEBs will not threaten maintenance of the 8-hour ozone standard in the
Central Indiana Area.
No safety margins were applied to the 2006 MVEBs. These MVEBs are
the on-road mobile emission estimates for this year.
B. Are the MVEBs Approvable?
EPA, through this rulemaking, is proposing to approve the 2006 and
2020 MVEBs for use in demonstrating transportation conformity in the
Central Indiana Area because EPA has determined that the MVEBs are
consistent with the emission control measures and future emissions
projected in the SIP and because the Central Indiana Area can maintain
attainment of the 8-hour ozone NAAQS for the required maintenance
period with on-road mobile source emissions at the levels of the MVEBs.
The VOC and NOX MVEBs are approvable because they maintain
the total emissions for the
[[Page 41669]]
Central Indiana Area at or below the attainment year emission levels,
as required by the transportation conformity regulations.
VI. What Are the Effects of EPA's Proposed Actions?
Approval of the redesignation request would change the official
designation of Boone, Hamilton, Hancock, Hendricks, Johnson, Madison,
Marion, Morgan, and Shelby Counties, Indiana for the 8-hour ozone
NAAQS, found at 40 CFR part 81, from nonattainment to attainment. Final
rulemaking approving the redesignation request would incorporate into
the Indiana SIP a plan for maintaining the ozone NAAQS through 2020 in
these Counties. The maintenance plan includes contingency measures to
remedy possible future violations of the 8-hour ozone NAAQS, and
establishes 2006 and 2020 MVEBs for these counties.
VII. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, September 30, 1993), this
action is not a ``significant regulatory action'', and therefore, is
not subject to review by the Office of Management and Budget.
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.).
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 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 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 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.
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 regulatory 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).
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impractical. In
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the Clean Air Act. Absent a
prior existing requirement for the State to use voluntary consensus
standards, EPA has no authority to disapprove a SIP submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA
do not apply.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
regulations, Nitrogen dioxide, Ozone, Volatile organic compounds.
40 CFR Part 81
Air pollution control, Environmental protection, National parks,
Wilderness areas.
Dated: July 23, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7-14741 Filed 7-30-07; 8:45 am]
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