Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Greene County and Jackson County 8-Hour Ozone Nonattainment Areas To Attainment for Ozone, 69085-69098 [05-22466]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
In approving these requests, EPA is also
approving the State’s plans for
maintaining the 8-hour ozone NAAQS
through 2015 in these areas as a revision
to the Indiana State Implementation
Plan (SIP). EPA is also finding adequate
and approving the State’s 2015 Motor
Vehicle Emission Budgets (MVEBs) for
these areas.
DATES: This rule is effective on
December 29, 2005, unless EPA receives
adverse written comments by December
14, 2005. If EPA receives adverse
comments, EPA will publish a timely
withdrawal of the rule in the Federal
Register and inform the public that the
rule will not take effect.
ADDRESSES: Submit comments,
identified by Regional Material in
EDocket (RME) ID No. R05–OAR–2005–
IN–0009, by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
[FR Doc. 05–22463 Filed 11–10–05; 8:45 am]
comments.
BILLING CODE 6560–50–P
2. Agency Web site: https://
docket.epa.gov/rmepub/. RME, EPA’s
electronic public docket and comments
ENVIRONMENTAL PROTECTION
system, is EPA’s preferred method for
AGENCY
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
40 CFR Parts 52 and 81
in the appropriate RME Docket
[R05–OAR–2005–IN–0009; FRL–7995–9]
identification number. Follow the online instructions for submitting
Approval and Promulgation of
comments.
Implementation Plans and Designation
3. E-mail: mooney.john@epa.gov.
of Areas for Air Quality Planning
4. Fax: (312) 886–5824.
Purposes; Indiana; Redesignation of
5. Mail: You may send written
Greene County and Jackson County 8- comments to: John M. Mooney, Chief,
Hour Ozone Nonattainment Areas To
Criteria Pollutant Section, (AR–18J),
Attainment for Ozone
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
AGENCY: Environmental Protection
Chicago, Illinois 60604.
Agency (EPA).
6. Hand delivery: Deliver your
ACTION: Direct final rule.
comments to: John M. Mooney, Chief,
SUMMARY: EPA is making determinations Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
that the Greene County and Jackson
County ozone nonattainment areas have Region 5, 77 West Jackson Boulevard,
18th floor, Chicago, Illinois 60604. Such
attained the 8-hour ozone National
deliveries are only accepted during the
Ambient Air Quality Standard
Regional Office’s normal hours of
(NAAQS). These determinations are
operation. The Regional Office’s official
based on three years of complete,
hours of business are Monday through
quality-assured ambient air quality
Friday, 8:30 a.m. to 4:30 p.m. excluding
monitoring data for the 2002–2004
seasons that demonstrate that the 8-hour Federal holidays.
Instructions: Direct your comments to
ozone NAAQS has been attained in the
RME ID No. R05–OAR–2005–IN–0009.
areas.
EPA’s policy is that all comments
EPA is approving requests from the
received will be included in the public
State of Indiana to redesignate the
docket without change, including any
Greene County and Jackson County
personal information provided and may
areas to attainment of the 8-hour ozone
NAAQS. These requests were submitted be made available online at https://
docket.epa.gov/rmepub/, unless the
by the Indiana Department of
comment includes information claimed
Environmental Management (IDEM) on
to be Confidential Business Information
July 15, 2005 and supplemented on
(CBI) or other information whose
September 6, 2005, September 7, 2005,
disclosure is restricted by statute. Do
October 6, 2005, and October 20, 2005.
(i) Incorporation by reference.
(A) South Coast Air Quality
Management District (SCAQMD).
(1) Amended Handbooks for Rules
403 (Chapters 5, 7, and 8) and 403.1
(Chapters 2, 3, 4, and 7), as adopted on
April 2, 2004.
(B) Plan revisions for the Coachella
Valley Planning Area.
(1) Fugitive dust control ordinances
for: City of Cathedral City Ordinance
No. 583 (1/14/04), City of Coachella
Ordinance No. 896 (10/8/03), City of
Desert Hot Springs Ordinance No. 2003–
16 (10/7/03), City of Indian Wells
Ordinance No. 545 (11/6/03), City of
Indio Ordinance No. 1357 (12/3/03),
City of La Quinta Ordinance No. 391
(12/2/03), City of Palm Desert
Ordinance No. 1056 (11/13/03), City of
Palm Springs Ordinance No. 1639 (11/
5/03), City of Rancho Mirage
Ordinances No. 855 (12/18/03) and No.
863 (4/29/04), and County of Riverside
Ordinance No. 742.1 (1/13/04).
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
69085
not submit information that you
consider to be CBI or otherwise
protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and
the Federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the RME
index at https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in RME or
in hard copy at the Environmental
Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. We
recommend that you telephone
Kathleen D’Agostino, Environmental
Engineer, at (312) 886–1767 before
visiting the Region 5 office. This Facility
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’ Agostino, 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) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. What Actions Is EPA Taking?
E:\FR\FM\14NOR1.SGM
14NOR1
69086
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
II. What Is the Background for These
Actions?
III. What Are the Criteria for Redesignation?
IV. Why Is EPA Taking These Actions?
V. What Is the Effect of These Actions?
VI. What Is EPA’s Analysis of the Request?
A. Attainment Determination and
Redesignation
B. Adequacy of Indiana’s Motor Vehicle
Emission Budget
VII. Final Actions
VIII. Statutory and Executive Order Reviews
I. What Actions Is EPA Taking?
EPA is taking several related actions.
EPA is making determinations that the
Greene County and Jackson County,
Indiana nonattainment areas have
attained the 8-hour ozone standard and
that Greene and Jackson Counties have
met the requirements for redesignation
under section 107(d)(3)(E). EPA is thus
approving requests to change the legal
designations of the Greene County and
Jackson County areas from
nonattainment to attainment for the 8hour ozone NAAQS. EPA is also
approving Indiana’s maintenance plan
SIP revisions for Greene and Jackson
Counties (such approval being one of
the CAA criteria for redesignation to
attainment status). The maintenance
plans are designed to keep Greene and
Jackson Counties in attainment of the
ozone NAAQS for the next 10 years.
Additionally, EPA is announcing its
action on the Adequacy Process for the
newly-established 2015 MVEBs. The
Adequacy comment periods for the 2015
MVEBs began on August 2, 2005, with
EPA’s posting of the availability of these
submittals on EPA’s Adequacy Web site
(at https://www.epa.gov/otaq/transp/
conform/adequacy.htm). The Adequacy
comment periods for these MVEBs
ended on September 1, 2005. No
requests for these submittals or adverse
comments on these submittals were
received during the Adequacy comment
periods. Please see the Adequacy
Section of this rulemaking for further
explanation on this process. Therefore,
we are finding adequate and approving
the State’s 2015 MVEBs for
transportation conformity purposes.
II. What Is the Background for These
Actions?
Ground-level ozone is not emitted
directly by sources. Rather, emissions of
nitrogen oxides (NOX) and volatile
organic compounds (VOCs) react in the
presence of sunlight to form groundlevel ozone. NOX and VOCs are referred
to as precursors of ozone.
The CAA establishes a process for air
quality management through the
NAAQS. Greene and Jackson Counties
were designated unclassifiable/
attainment under the 1-hour ozone
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
NAAQS, which was revoked on June 15,
2005. On July 18, 1997, EPA
promulgated a revised 8-hour ozone
standard of 0.08 parts per million
(ppm). This new standard is more
stringent than the previous 1-hour
standard.
On April 30, 2004 (69 FR 23857), EPA
published a final rule designating and
classifying areas under the 8-hour ozone
NAAQS. These designations and
classifications became effective June 15,
2004. The CAA required EPA to
designate as nonattainment any area
that was violating the 8-hour ozone
NAAQS based on the three most recent
years (2001–2003) of air quality data.
The CAA contains two sets of
provisions—subpart 1 and subpart 2—
that address planning and control
requirements for nonattainment areas.
(Both are found in title I, part D.)
Subpart 1 (which EPA refers to as
‘‘basic’’ nonattainment) contains
general, less prescriptive, requirements
for nonattainment areas for any
pollutant—including ozone—governed
by a NAAQS. Subpart 2 (which EPA
refers to as ‘‘classified’’ nonattainment)
provides more specific requirements for
ozone nonattainment areas. Some ozone
nonattainment areas are subject only to
the provisions of subpart 1. Other ozone
nonattainment areas are also subject to
the provisions of subpart 2. Under
EPA’s 8-hour ozone implementation
rule, signed on April 15, 2004, (69 FR
23951) an area was classified under
subpart 2 based on its 8-hour ozone
design value (i.e., the 3-year average
annual fourth-highest daily maximum 8hour average ozone concentration), if it
had a 1-hour design value at or above
0.121 ppm (the lowest 1-hour design
value in Table 1 of subpart 2). All other
areas are covered under subpart 1, based
upon their 8-hour design values. Both
Greene and Jackson Counties were
designated as subpart 1, 8-hour ozone
nonattainment areas by EPA on April
30, 2004, (69 FR 23857) based on air
quality monitoring data from 2001–
2003.
Under EPA regulations at 40 CFR part
50, the 8-hour ozone standard is
attained when the 3-year average of the
annual fourth-highest daily maximum 8hour average ozone concentrations is
less than or equal to 0.08 ppm (i.e.,
0.084 ppm) when rounding is
considered. (See 69 FR 23857 (April 30,
2004) for further information). The data
completeness requirement is met when
the average percent of days with valid
ambient monitoring data is greater than
90%, and no single year has less than
75% data completeness as determined
in Appendix I of part 50.
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
On July 15, 2005, Indiana requested
that EPA redesignate Greene and
Jackson Counties to attainment for the 8hour ozone standard. These requests
were supplemented with submittals
dated September 6, 2005, September 7,
2005, October 6, 2005, and October 20,
2005. The redesignation requests
included three years of complete,
quality-assured data for the period of
2002 through 2004, indicating the 8hour NAAQS for ozone had been
attained for Greene and Jackson
Counties. Under the CAA,
nonattainment areas may be
redesignated to attainment if sufficient
complete, quality-assured data are
available for the Administrator to
determine that the area has attained the
standard and the area meets the other
four CAA redesignation requirements in
section 107(d)(3)(E).
III. What Are the Criteria for
Redesignation?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) allows for redesignation
providing that: (1) The Administrator
determines that the area has attained the
applicable NAAQS; (2) the
Administrator has fully approved the
applicable implementation plan for the
area under section 110(k); (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP
and applicable Federal air pollutant
control regulations and other permanent
and enforceable reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A; and (5) the state containing such
area has met all requirements applicable
to the area under section 110 and part
D.
EPA provided guidance on
redesignation in the General Preamble
for the Implementation of Title I of the
CAA Amendments of 1990, on April 16,
1992 (57 FR 13498), and supplemented
this guidance on April 28, 1992 (57 FR
18070). EPA has provided further
guidance on processing redesignation
requests in the following documents:
‘‘Ozone and Carbon Monoxide Design
Value Calculations’’, Memorandum from
William G. Laxton, Director Technical
Support Division, June 18, 1990;
‘‘Maintenance Plans for Redesignation of
Ozone and Carbon Monoxide Nonattainment
Areas,’’ Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
E:\FR\FM\14NOR1.SGM
14NOR1
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
‘‘Contingency Measures for Ozone and
Carbon Monoxide (CO) Redesignations,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
June 1, 1992;
‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni, Director,
Air Quality Management Division, September
4, 1992;
‘‘State Implementation Plan (SIP) Actions
Submitted in Response to Clean Air Act
(ACT) Deadlines,’’ Memorandum from John
Calcagni, Director, Air Quality Management
Division, October 28, 1992;
‘‘Technical Support Documents (TSD’s) for
Redesignation Ozone and Carbon Monoxide
(CO) Nonattainment Areas,’’ Memorandum
from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, August 17,
1993;
‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting Requests
for Redesignation to Attainment of the Ozone
and Carbon Monoxide (CO) National
Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation,
September 17, 1993;
‘‘Use of Actual Emissions in Maintenance
Demonstrations for Ozone and CO
Nonattainment Areas,’’ Memorandum from
D. Kent Berry, Acting Director, Air Quality
Management Division, to Air Division
Directors, Regions 1–10, dated November 30,
1993.
‘‘Part D New Source Review (part D NSR)
Requirements for Areas Requesting
Redesignation to Attainment,’’ Memorandum
from Mary D. Nichols, Assistant
Administrator for Air and Radiation, October
14, 1994; and
‘‘Reasonable Further Progress, Attainment
Demonstration, and Related Requirements for
Ozone Nonattainment Areas Meeting the
Ozone National Ambient Air Quality
Standard,’’ Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and
Standards, May 10, 1995.
IV. Why Is EPA Taking These Actions?
On July 15, 2005, Indiana requested
redesignation of Greene County and
Jackson County to attainment for the 8hour ozone standard. Indiana
supplemented these requests with
submittals dated September 6, 2005,
September 7, 2005, October 6, 2005, and
October 20, 2005. EPA believes that the
areas have attained the standard and
have met the requirements for
redesignation set forth in section
107(d)(3)(E) of the CAA.
V. What Is the Effect of These Actions?
Approval of the redesignation
requests would change the official
designation of the areas for the 8-hour
ozone NAAQS found at 40 CFR part 81.
It would also incorporate into the
Indiana SIP plans for maintaining the 8hour ozone NAAQS through 2015. The
maintenance plans include contingency
measures to remedy future violations of
the 8-hour NAAQS, and establish
MVEBs for the year 2015 of 1.46 and
1.65 tons per day (tpd) VOC and 1.54
and 3.18 tpd NOX for Greene and
Jackson Counties, respectively.
VI. What Is EPA’s Analysis of the
Request?
A. Attainment Determination and
Redesignation
EPA is making determinations that
the Greene County and Jackson County
nonattainment areas have attained the 8hour ozone standard and that the areas
have met all other applicable section
107(d)(3)(E) redesignation criteria. The
basis for EPA’s determinations is as
follows:
1. The Areas Have Attained the 8-Hour
Ozone NAAQS (Section 107(d)(3)(E)(i))
EPA is making determinations that
Greene and Jackson Counties have
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, as determined in
69087
accordance with 40 CFR 50.10 and
Appendix I, based on three complete,
consecutive calendar years of qualityassured air quality monitoring data. To
attain this standard, the 3-year average
of the fourth-highest daily maximum 8hour average ozone concentrations
measured at each monitor within an
area over each year must not exceed
0.08 ppm. Based on the rounding
convention described in 40 CFR Part 50,
Appendix I, the standard is attained if
the design value is 0.084 ppm or below.
The data must be collected and qualityassured in accordance with 40 CFR part
58, and recorded in Aerometric
Information Retrieval System (AIRS).
The monitors generally should have
remained at the same location for the
duration of the monitoring period
required for demonstrating attainment.
IDEM submitted ozone monitoring
data for the 2002 to 2004 ozone seasons.
The State quality assures monitoring
data in accordance with 40 CFR 58.10
and the Indiana Quality Assurance
Manual and records the data in the
AIRS database, thus making the data
publicly available. IDEM operates one
ozone monitor in Greene County (18–
055–0001) and one ozone monitor in
Jackson County (18–071–0001). The
data for 2002–2004 have been quality
assured and are recorded in AIRS. For
Greene County, data completeness was
100% for 2002–2004. For Jackson
County, data completeness averaged
100%, 100% and 98% in 2002, 2003
and 2004, respectively. The four highest
8-hour average readings for the Greene
County and Jackson County ozone
monitoring sites for the years 2002 to
2004 are presented in Tables 1 and 2
below:
TABLE 1.—MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AT THE GREENE COUNTY MONITOR FROM 2002–2004
(PPM)
1st max
8-hour (ppm)
Year
2002 .................................................................................................................
2003 .................................................................................................................
2004 .................................................................................................................
2nd max
8-hour (ppm)
0.097
0.097
0.076
0.095
0.092
0.075
3rd max
8-hour (ppm)
4th max
8-hour (ppm)
0.095
0.092
0.075
0.093
0.088
0.073
2002–2004 average of 4th max 8-hour averages (ppm) ....................................................................................................................
0.084
TABLE 2.—MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AT THE JACKSON COUNTY MONITOR FROM 2002–2004
(PPM)
1st max
8-hour (ppm)
Year
2002 .................................................................................................................
2003 .................................................................................................................
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
2nd max
8-hour (ppm)
0.094
0.084
E:\FR\FM\14NOR1.SGM
0.093
0.082
14NOR1
3rd max
8-hour (ppm)
0.091
0.082
4th max
8-hour (ppm)
0.090
0.082
69088
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
TABLE 2.—MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AT THE JACKSON COUNTY MONITOR FROM 2002–2004
(PPM)—Continued
1st max
8-hour (ppm)
Year
2004 .................................................................................................................
2nd max
8-hour (ppm)
0.067
2002–2004 average of 4th max 8-hour averages (ppm) ....................................................................................................................
0.079
2. The Areas Have Met All Applicable
Requirements Under Section 110 and
Part D; and the Areas Have Fully
Approved SIPs Under Section 110(k).
(Sections 107(d)(3)(E)(v) and
107(d)(3)(E)(ii))
We have determined that Indiana has
met all currently applicable SIP
requirements for purposes of
redesignation for Greene and Jackson
Counties under section 110 of the CAA
(general SIP requirements). We have
also determined that the Indiana SIP
meets all SIP requirements currently
applicable for purposes of redesignation
under Part D of Title I of the CAA
(requirements specific to Subpart 1
nonattainment areas), in accordance
with section 107(d)(3)(E)(v). In addition,
we have determined that the Indiana
SIP is fully approved with respect to all
applicable requirements for purposes of
redesignation, in accordance with
section 107(d)(3)(E)(ii). In making these
determinations, we have ascertained
what SIP requirements are applicable to
the areas for purposes of redesignation,
and have determined that the portions
of the SIP meeting these requirements
are fully approved under section 110(k)
of the CAA. As discussed more fully
below, SIPs must be fully approved only
with respect to currently applicable
requirements of the CAA.
a. Greene and Jackson Counties Have
Met All Applicable Requirements Under
Section 110 and Part D of the CAA
The September 4, 1992 Calcagni
memorandum (see ‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
Quality Management Division,
September 4, 1992) describes EPA’s
interpretation of section 107(d)(3)(E) of
the CAA. Under this interpretation, to
qualify for redesignation of an area to
attainment, the state and the area must
meet the relevant CAA requirements
that come due prior to the state’s
submittal of a complete redesignation
request for the area. See also the
September 17, 1993 Michael Shapiro
memorandum and 60 FR 12459, 12465–
66 (Mar. 7, 1995) (redesignation of
Detroit-Ann Arbor, Michigan to
attainment of the 1-hour ozone
NAAQS). Applicable requirements of
the CAA that come due subsequent to
the state’s submittal of a complete
request remain applicable until a
redesignation to attainment is approved,
but are not required as a prerequisite to
redesignation. See section 175A(c) of
the CAA. Sierra Club v. EPA, 375 F.3d
537 (7th Cir. 2004). See also 68 FR
25424, 25427 (May 12, 2003)
(redesignation of the St. Louis/East St.
Louis area to attainment of the 1-hour
ozone NAAQS).
General SIP requirements. Section
110(a) of title I of the CAA contains the
general requirements for a SIP. General
SIP elements and requirements are
delineated in section 110(a)(2). These
requirements include, but are not
limited to, the following: Submittal of a
SIP that has been adopted by the state
after reasonable public notice and
hearing; enforceable emission
limitations and other control measures,
means or techniques; provisions for
establishment and operation of
appropriate devices, methods, systems
and procedures necessary to monitor
ambient air quality; implementation of a
source permit program; provisions for
the implementation of part C,
Prevention of Significant Deterioration
(PSD) and part D, New Source Review
(NSR) permit programs; criteria for
stationary source emission control
measures, monitoring, and reporting;
provisions for air quality modeling; and
provisions for public and local agency
participation in planning and emission
control rule development.
Section 110(a)(2)(D) of the CAA
requires that SIPs contain certain
measures to prevent sources in a state
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
0.070
4th max
8-hour (ppm)
0.069
It should be noted that preliminary
2005 monitoring data for Greene and
Jackson Counties show that the areas
continue to attain the 8-hour ozone
standard.
In addition, as discussed below with
respect to the maintenance plan, IDEM
has committed to continue monitoring
in these areas in accordance with 40
CFR part 58. In summary, EPA believes
that the data submitted by Indiana
provide an adequate demonstration that
Greene and Jackson Counties have
attained the 8-hour ozone NAAQS.
0.076
3rd max
8-hour (ppm)
from significantly contributing to air
quality problems in another state. To
implement this provision, EPA has
required certain states to establish
programs to address transport of air
pollutants (NOX SIP Call,1 Clean Air
Interstate Rule (CAIR) (70 FR 25162)).
However, the section 110(a)(2)(D)
requirements for a state are not linked
with a particular nonattainment area’s
designation and classification. EPA
believes that the requirements linked
with a particular nonattainment area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request. The
transport SIP submittal requirements,
where applicable, continue to apply to
a state regardless of the designation of
any one particular area in the state.
We believe that these requirements
should not be construed to be applicable
requirements for purposes of
redesignation. Further, we believe that
the other section 110 elements
described above that are not connected
with nonattainment plan submissions
and not linked with an area’s attainment
status are also not applicable
requirements for purposes of
redesignation. A state remains subject to
these requirements after an area is
redesignated to attainment. We
conclude that only the section 110 and
part D requirements which are linked
with a particular area’s designation and
classification are the relevant measures
in evaluating a redesignation request.
This approach is consistent with EPA’s
existing policy on applicability of
conformity and oxygenated fuels
requirements for redesignation
purposes, as well as with section 184
ozone transport requirements. See
Reading, Pennsylvania, proposed and
final rulemakings (61 FR 53174–53176,
1 On October 27, 1998 (63 FR 57356), EPA issued
a NOX SIP call, requiring the District of Columbia
and 22 states, including Indiana, to reduce their
statewide emissions of NOX in order to reduce the
transport of ozone and ozone. In compliance with
EPA’s NOX SIP call, IDEM has developed rules
governing the control of NOX emissions from
Electric Generating Units (EGUs), major non-EGU
industrial boilers, and major cement kilns. EPA
approved Indiana’s rules as fulfilling Phase I of the
NOX SIP Call on November 8, 2001 (66 FR 56465).
On December 11, 2003 (68 FR 69025) EPA approved
revisions to these rules.
E:\FR\FM\14NOR1.SGM
14NOR1
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
October 10, 1996), (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 ozone
redesignation (65 FR 37890, June 19,
2000), and in the Pittsburgh 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. Any section 110
requirements that are linked to the part
D requirements for 8-hour ozone
nonattainment areas are not yet due,
since, as explained below, no Part D
requirements applicable for purposes of
redesignation under the 8-hour standard
became due prior to submission of the
redesignation requests. Therefore, as
discussed above, for purposes of
redesignation, they are not considered
applicable requirements.
Part D Requirements. EPA has
determined that the Indiana SIP meets
applicable SIP requirements under part
D of the CAA since no requirements
applicable for purposes of redesignation
became due for the 8-hour ozone
standard prior to submission of the
Greene County or Jackson County
redesignation request. Under part D, an
area’s classification determines 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 requirements applicable
to all nonattainment areas. Section 182
of the CAA, found in subpart 2 of part
D, establishes additional specific
requirements depending on the area’s
nonattainment classification. Greene
and Jackson Counties were both
classified as subpart 1 nonattainment
areas, and therefore subpart 2
requirements do not apply.
Part D, Subpart 1 applicable SIP
requirements. For purposes of
evaluating these redesignation requests,
the applicable part D, subpart 1 SIP
requirements for Greene and Jackson
Counties are contained in sections
172(c)(1)–(9). A thorough discussion of
the requirements contained in section
172 can be found in the General
Preamble for Implementation of Title I
(57 FR 13498, April 16, 1992).
No requirements applicable for
purposes of redesignation under part D
became due prior to submission of the
redesignation requests, and, therefore,
none is applicable to the area for
purposes of redesignation. Since the
State of Indiana has submitted complete
ozone redesignation requests for Greene
and Jackson Counties prior to the
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
deadline for any submissions required
for purposes of redesignation, we have
determined that these requirements do
not apply to the Greene County and
Jackson County areas for purposes of
redesignation.
Furthermore, 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 part D NSR, since PSD
requirements will apply after
redesignation. A more detailed rationale
for this view is described in a
memorandum from Mary Nichols,
Assistant Administrator for Air and
Radiation, dated October 14, 1994,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’ Indiana
has demonstrated that the areas will be
able to maintain the standard without
part D NSR in effect, and therefore, EPA
concludes that the State need not have
a fully approved part D NSR program
prior to approval of the redesignation
request. The State’s PSD program will
become effective in Greene and Jackson
Counties 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); and Grand
Rapids, Michigan (61 FR 31834–31837,
June 21, 1996).
Section 176 conformity requirements.
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that Federallysupported or funded activities,
including highway projects, conform to
the air quality planning goals in the
applicable SIPs. 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 Federallysupported or funded projects (general
conformity). State conformity revisions
must be consistent with Federal
conformity regulations relating to
consultation, enforcement and
enforceability that the CAA required the
EPA to promulgate.
EPA approved Indiana’s general
conformity SIP on January 14, 1998 (63
FR 2146). Indiana does not have a
Federally approved transportation
conformity SIP. However, conformity
analyses are performed pursuant to
EPA’s Federal conformity rules. Indiana
has submitted on-highway motor
vehicle budgets for Greene and Jackson
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
69089
Counties of 1.46 and 1.65 tpd of VOC
and 1.54 and 3.18 tpd of NOX,
respectively, based on the areas’ 2015
level of emissions. Greene and Jackson
Counties must use the motor vehicle
emissions budgets from the
maintenance plan in any conformity
determination that is effective on or
after the effective date of the
maintenance plan approval.
EPA believes that it is reasonable to
interpret the conformity SIP
requirements as not applying for
purposes of evaluating the redesignation
request under section 107(d) for two
reasons. First, the requirement to submit
SIP revisions to comply with the
conformity provisions of the CAA
continues to apply to areas after
redesignation to attainment since such
areas would be subject to a section 175A
maintenance plan. Second, EPA’s
Federal conformity rules require the
performance of conformity analyses in
the absence of Federally-approved state
rules. Therefore, because areas are
subject to the conformity requirements
regardless of whether they are
redesignated to attainment and must
implement conformity under Federal
rules if state rules are not yet approved,
EPA believes it is reasonable to view
these requirements as not applying for
purposes of evaluating a redesignation
request. See Wall v. EPA, 265 F.3d 426
(6th Cir. 2001), upholding this
interpretation. See also 60 FR 62748
(Dec. 7, 1995) (Tampa, Florida). Thus,
the areas have satisfied all applicable
requirements under section 110 and part
D of the CAA.
b. Greene and Jackson Counties Have a
Fully Approved Applicable SIP Under
Section 110(k) of the CAA
EPA has fully approved the Indiana
SIP for Greene and Jackson Counties
under section 110(k) of the CAA for all
requirements applicable for purposes of
redesignation. EPA may rely on prior
SIP approvals in approving a
redesignation request (See the
September 4, 1992 John Calcagni
memorandum, page 3, Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–990 (6th
Cir. 1998), Wall v. EPA, 265 F.3d 426
(6th Cir. 2001)) plus any additional
measures it may approve in conjunction
with a redesignation action. See 68 FR
25426 (May 12, 2003). Since the passage
of the CAA of 1970, Indiana has adopted
and submitted, and EPA has fully
approved, provisions addressing the
various required SIP elements
applicable to Greene and Jackson
Counties under the 1-hour ozone
standard. No Greene or Jackson County
area SIP provisions are currently
E:\FR\FM\14NOR1.SGM
14NOR1
69090
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
disapproved, conditionally approved, or
partially approved. As indicated above,
EPA believes that the section 110
elements not connected with
nonattainment plan submissions and
not linked to the area’s nonattainment
status are not applicable requirements
for purposes of redesignation. EPA also
believes that since the part D
requirements applicable for purposes of
redesignation did not become due prior
to submission of the redesignation
request, they also are, therefore, not
applicable requirements for purposes of
redesignation.
3. The Improvement in Air Quality Is
Due to Permanent and Enforceable
Reductions in Emissions Resulting From
Implementation of the SIP and
Applicable Federal Air Pollution
Control Regulations and Other
Permanent and Enforceable Reductions.
(Section 107(d)(3)(E)(iii))
EPA believes that Indiana has
demonstrated that the observed air
quality improvement in Greene and
Jackson Counties is due to permanent
and enforceable reductions in emissions
resulting from implementation of the
SIP, Federal measures, and other Stateadopted measures.
In making this demonstration, the
State has calculated the change in
emissions between 1999 and 2002, one
of the years Greene and Jackson
Counties monitored attainment. The
reduction in emissions and the
corresponding improvement in air
quality over this time period can be
attributed to a number of regulatory
control measures that Indiana has
implemented in recent years. Greene
and Jackson Counties are both rural and
their air quality is significantly
impacted by the transport of ozone from
upwind counties. Therefore, local
controls as well as controls
implemented in upwind counties are
relevant to the improvement in air
quality in both Greene and Jackson
Counties.
a. Permanent and enforceable controls
implemented.
The following is a discussion of
permanent and enforceable measures
that have been implemented in the
areas:
Reasonably Available Control
Technology (RACT). Greene and Jackson
Counties were not previously required
to be covered by RACT regulations for
existing sources under the CAA.
However, Indiana has implemented
statewide RACT controls through the
following regulations:
326 IAC 8–1–6 Best Available Control
Technology (BACT) for some Sources;
326 IAC 8–2 Surface Coating Emission
Limitations;
326 IAC 8–3 Organic Solvent
Degreasing Operations;
326 IAC 8–4 Petroleum Sources; and
326 IAC 8–5 Miscellaneous Operations
NOX rules. In compliance with EPA’s
NOX SIP call, Indiana developed rules
to control NOX emissions from Electric
Generating Units (EGUs), major nonEGU industrial boilers, and major
cement kilns. These rules required
sources to begin reducing NOX
emissions in 2004, with emission
reductions increasing to 31 percent
statewide by 2007. It should be noted
that statewide NOX emissions actually
began to decline in 2002 as sources
phased in emission controls needed to
comply with the State’s NOX emission
control regulations. From 2004 on, NOX
emissions from EGUs are capped at a
statewide total well below pre-2002
levels. It should be noted that NOX
emissions are expected to further
decline as the State meets the
requirements of EPA’s Phase II NOX SIP
call (69 FR 21604).
Federal Emission Control Measures.
Reductions in VOC and NOX emissions
have occurred statewide as a result of
Federal emission control measures, with
additional emission reductions expected
to occur in the future as additional
emission controls are implemented.
Federal emission control measures have
included: the National Low Emission
Vehicle (NLEV) program, Tier 2
emission standards for vehicles,
gasoline sulfur limits, and heavy-duty
diesel engine standards. In addition, in
2004, EPA issued the Clean Air Nonroad Diesel Rule (69 FR 38958). This
rule will reduce off-road diesel
emissions through 2010, with emission
reductions starting in 2008.
b. Emission Reductions
Indiana is using 1999 for the
nonattainment inventory. Emissions
estimates were taken directly from the
National Emissions Inventory (NEI),
with the following exceptions. Point
source emissions information was
compiled from IDEM’s 1999 annual
emissions statement database. Onroad
emissions for Jackson county were
calculated using MOBILE 6.2.
For comparison, IDEM developed an
inventory for 2002, one of the years the
area monitored attainment of the 8-hour
NAAQS. The point source sector
information was compiled from IDEM’s
2002 annual emissions statement
database and the 2002 EPA Air Markets
acid rain database. The area source
sector information was taken from the
Indiana 2002 periodic inventory
submitted to EPA. These projections
were made from the U.S. Department of
Commerce Bureau of Economic
Analysis growth factors with some
updated local information. The nonroad
sector emission estimates were
developed using NONROAD with the
following modifications. Emissions
were estimated for two nonroad
categories not included in NONROAD,
commercial marine vessels and
railroads. Recreational motorboat
population and spatial surrogates (used
to assign emissions to each county) were
updated. The populations for the
construction equipment category were
reviewed and updated based upon
surveys completed in the Midwest and
the temporal allocation for agricultural
sources was also updated. The onroad
sector emissions were calculated using
MOBILE 6.2.
Based on the inventories described
above, Indiana’s submittal documents
changes in VOC and NOX emissions
from 1999 to 2002 for Greene and
Jackson Counties. IDEM also
documented this information for
upwind areas in Southwest (Daviess,
Dubois, Gibson, Knox, Martin, Pike,
Vanderburgh and Warrick Counties) and
South central (Clark, Floyd, Harrison,
Jefferson and Scott Counties) Indiana.
(We will refer to these areas,
collectively, as Southern Indiana.)
Emissions data are shown in Tables 3
through 7 below.
TABLE 3.—TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 1999 IN TONS PER SUMMER DAY (TPSD)
Greene
VOC
Point .........................................................
Area ..........................................................
Nonroad ...................................................
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
NOX
1.42
4.80
0.78
PO 00000
Jackson
Frm 00050
VOC
0.25
0.32
2.15
Fmt 4700
Sfmt 4700
Southern Indiana
NOX
1.64
8.74
0.95
E:\FR\FM\14NOR1.SGM
VOC
0.48
1.05
3.23
14NOR1
30.87
96.03
17.78
NOX
449.88
11.42
51.2
69091
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
TABLE 3.—TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 1999 IN TONS PER SUMMER DAY (TPSD)—
Continued
Greene
VOC
Jackson
NOX
VOC
Southern Indiana
NOX
VOC
NOX
Onroad .....................................................
2.44
3.83
4.02
10.30
48.72
73.09
Total ..................................................
9.44
6.55
15.35
15.06
193.40
585.59
TABLE 4.—TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 2002 IN TONS PER SUMMER DAY (TPSD)
Greene
VOC
Jackson
NOX
VOC
Southern Indiana
NOX
VOC
NOX
Point .........................................................
Area ..........................................................
Nonroad ...................................................
Onroad .....................................................
0.51
3.73
1.43
2.74
0.68
0.25
1.61
3.41
1.72
5.91
1.11
3.33
0.62
0.72
2.93
8.30
28.07
69.95
20.42
43.23
385.62
9.11
26.13
72.58
Total ..................................................
8.41
5.95
12.07
12.57
161.67
493.44
TABLE 5.—COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS FOR GREENE COUNTY (TPSD)
VOC
NOX
Sector
1999
Net change
(1999–2002)
2002
1999
Net change
(1999–2002)
2002
Point .........................................................
Area ..........................................................
Nonroad ...................................................
Onroad .....................................................
1.42
4.80
0.78
2.44
0.51
3.73
1.43
2.74
¥0.91
¥1.07
0.65
0.30
0.25
0.32
2.15
3.83
0.68
0.25
1.61
3.41
0.43
¥0.07
¥0.54
¥0.42
Total ..................................................
9.44
8.41
¥1.03
6.55
5.95
¥0.60
TABLE 6.—COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS FOR JACKSON COUNTY (TPSD)
VOC
NOX
Sector
1999
Net change
(1999–2002)
2002
1999
Net change
(1999–2002)
2002
Point .........................................................
Area ..........................................................
Nonroad ...................................................
Onroad .....................................................
1.64
8.74
0.95
4.02
1.72
5.91
1.11
3.33
0.08
¥2.83
0.16
¥0.69
0.48
1.05
3.23
10.30
0.62
0.72
2.93
8.30
0.14
¥0.33
¥0.30
¥2.00
Total ..................................................
15.35
12.07
¥3.28
15.06
12.57
¥2.49
TABLE 7.—COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS FOR SOUTHWEST INDIANA (TPSD)
VOC
NOX
Sector
1999
Net change
(1999–2002)
2002
1999
2002
Net change
(1999–2002)
Point .........................................................
Area ..........................................................
Nonroad ...................................................
Onroad .....................................................
20.79
56.92
12.18
28.93
19.91
41.70
13.45
23.97
¥0.88
¥15.22
1.27
¥4.96
324.31
7.03
33.16
41.21
274.99
5.55
17.28
35.18
¥49.32
¥1.48
¥15.88
¥6.03
Total ..................................................
118.82
99.03
¥19.79
405.71
333.00
¥72.71
Table 5 shows that Greene County
reduced VOC emissions by 1.03 tpd and
NOX emissions by 0.60 tpd between
1999 and 2002. Table 6 shows that
Jackson County reduced VOC emissions
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
by 3.28 tpd and NOX emissions by 2.49
tpd between 1999 and 2002. Table 7
shows that the upwind area in Southern
Indiana reduced VOC emissions by
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
19.79 tpd and NOX emissions by 72.71
tpd between 1999 and 2002.
Based on the information summarized
above, Indiana has adequately
demonstrated that the improvement in
E:\FR\FM\14NOR1.SGM
14NOR1
69092
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
air quality is due to permanent and
enforceable emissions reductions.
4. The Area Has a Fully Approved
Maintenance Plan Pursuant to Section
175a of the CAA. (Section
107(d)(3)(E)(iv))
In conjunction with its requests to
redesignate the Greene County and
Jackson County nonattainment areas to
attainment status, Indiana submitted SIP
revisions to provide for the maintenance
of the 8-hour ozone NAAQS in Greene
and Jackson Counties for at least 10
years after redesignation.
a. What Is Required in a Maintenance
Plan?
Section 175A of the CAA sets forth
the required elements of a maintenance
plan for areas seeking redesignation
from nonattainment to attainment.
Under section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least ten
years after the Administrator approves a
redesignation to attainment. Eight years
after the redesignation, the State must
submit a revised maintenance plan
which demonstrates that attainment will
continue to be maintained for ten years
following the initial ten-year
maintenance period. To address the
possibility of future NAAQS violations,
the maintenance plan must contain
contingency measures with a schedule
for implementation as EPA deems
necessary to assure prompt correction of
any future 8-hour ozone violations.
The September 4, 1992 John Calcagni
memorandum provides additional
guidance on the content of a
maintenance plan. An ozone
maintenance plan should address the
following items: the attainment VOC
and NOX emissions inventories, a
maintenance demonstration showing
maintenance for the ten years of the
maintenance period, a commitment to
maintain the existing monitoring
network, factors and procedures to be
used for verification of continued
attainment of the NAAQS, and a
contingency plan to prevent or correct
future violations of the NAAQS.
b. Attainment Inventory
The State developed an inventory for
2002, one of the years the area
monitored attainment of the 8-hour
NAAQS. Inventory methodology is
described in section 3 above. The
attainment level of emissions are
summarized in Table 8 below.
TABLE 8.—VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2002 (TPSD)
Greene County
VOC
Jackson County
NOX
VOC
Southern Indiana
NOX
VOC
NOX
Point .........................................................
Area ..........................................................
Nonroad ...................................................
Onroad .....................................................
0.51
3.73
1.43
2.74
0.68
0.25
1.61
3.41
1.72
5.91
1.11
3.33
0.62
0.72
2.93
8.30
19.91
41.70
13.45
23.97
274.99
5.55
17.28
35.18
Total ..................................................
8.41
5.95
12.07
12.57
99.03
333.00
c. Demonstration of Maintenance
As part of the redesignation requests,
IDEM submitted revisions to the 8-hour
ozone SIPs to include 10-year
maintenance plans as required by
section 175A of the Clean Air Act. For
Greene County, this demonstration
shows maintenance of the 8-hour ozone
standard by assuring that current and
future emissions of VOC and NOX
remain at or below attainment year
emission levels. For Jackson County this
demonstration consists of a combination
of emissions projections and modeling.
A maintenance demonstration need not
be based on modeling. See Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), Sierra Club
v. EPA, 375 F. 3d 537 (7th Cir. 2004).
See also 66 FR 53094, 53099–53100
(October 19, 2001), 68 FR 25430–25432
(May 12, 2003).
Using the 2002 attainment inventory
as the base year, IDEM developed
projected emissions inventories for 2010
and 2015. Onroad mobile source
emissions were projected using Mobile
6.2 in accordance with ‘‘Procedures for
Preparing Emissions Projections,’’ EPA–
45/4–91–019. Emissions for the point,
area and nonroad sectors were projected
using growth and control files
developed by the Midwest Regional
Planning Organization. This method
was used to ensure that the inventories
used for redesignation are consistent
with modeling performed in the future.
These emission estimates are presented
in Tables 9–11 below.
TABLE 9.—COMPARISON OF 2002–2015 VOC AND NOX EMISSIONS FOR GREENE COUNTY (TPSD)
VOC
NOX
Net
change
2002–2015
Sector
2002
2010
2015
2002
2010
2015
Net
change
2002–2015
Point .................................................
Area ..................................................
Nonroad ...........................................
Onroad .............................................
0.51
3.73
1.43
2.74
0.59
4.33
1.14
1.81
0.64
4.74
0.94
1.33
0.13
1.01
¥0.49
¥1.41
0.68
0.25
1.61
3.41
0.46
0.27
1.37
2.09
0.47
0.27
1.22
1.40
¥0.21
0.02
¥0.39
¥2.01
Total ..........................................
8.41
7.87
7.65
¥0.76
5.95
4.19
3.36
¥2.59
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
E:\FR\FM\14NOR1.SGM
14NOR1
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
69093
TABLE 10.—COMPARISON OF TOTAL 2002–2015 VOC AND NOX EMISSIONS FOR JACKSON COUNTY (TPSD)
VOC
NOX
Sector
2002
2010
Net
change
2002–2015
2015
2002
2010
2015
Net
change
2002–2015
Point .................................................
Area ..................................................
Nonroad ...........................................
Onroad .............................................
1.72
5.91
1.11
3.33
2.31
6.91
0.71
2.23
2.70
7.64
0.62
1.65
0.98
1.73
¥0.49
¥1.68
0.62
0.72
2.93
8.30
1.20
0.77
2.27
5.10
1.58
0.80
1.91
3.03
0.96
0.08
¥1.02
¥5.27
Total ..........................................
12.07
12.16
12.61
0.54
12.57
9.34
7.32
¥5.25
TABLE 11.—COMPARISON OF 2002–2015 VOC AND NOX EMISSIONS FOR SOUTHERN INDIANA (TPSD)
VOC
NOX
Sector
2002
2010
Net
change
2002–2015
2015
2002
2010
2015
Net
change
2002–2015
Point .................................................
Area ..................................................
Nonroad ...........................................
Onroad .............................................
19.91
41.70
13.45
23.97
24.21
48.73
9.54
14.20
29.08
53.72
8.16
10.13
9.17
12.02
¥5.29
¥13.84
274.99
5.55
17.28
35.18
108.22
5.96
13.69
20.15
109.60
6.12
10.89
11.91
¥165.39
0.57
¥6.39
¥23.27
Total ..........................................
99.03
96.68
101.09
2.06
333.00
148.02
138.52
¥194.48
The emission projections show that in
Greene County emissions are not
expected to exceed the level of the 2002
attainment year inventory during the 10year maintenance period. Greene
County VOC and NOX emissions are
projected to decrease by 0.76 tpd and
2.59 tpd, respectively. In Jackson
County, NOX emissions are projected to
decrease by 5.25 tpd. Although VOC
emissions are projected to increase by
0.54 tpd, total ozone precursors should
decrease by 4.71 tpd. In addition,
emissions in the upwind area of
Southern Indiana are projected to
decrease by 194.48 tpd for NOX and
increase by 2.06 tpd for VOC, a 192.42
tpd decrease in total ozone precursors.
Although VOC emissions are
projected to increase slightly over the
maintenance period in Jackson County
and in Southern Indiana, the dramatic
reduction in NOX emissions over the
same time period has been
demonstrated, through modeling, to be
more than sufficient to maintain the
standard. IDEM notes that available
modeling data demonstrate that Jackson
and Greene Counties are significantly
impacted by ozone and ozone precursor
transport and that NOX emission
reductions are significantly beneficial
for reducing 8-hour ozone
concentrations in both counties. IDEM
draws the following conclusions from
the various ozone modeling analyses
that have addressed the Midwest:
EPA modeling analysis for the Heavy
Duty Engine rule. EPA conducted
modeling for Tier II vehicle and low-
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
sulfur fuels to support the final
rulemaking for the Heavy Duty Engine
(HDE) and Vehicle Standards and
Highway Diesel Fuel Rule. This
modeling, in part, addressed ozone
levels in Indiana, including Greene and
Jackson Counties. A base year of 1996
was modeled, and the impacts of fuel
changes and the NOX SIP call were
addressed for high ozone episodes in
1995. The modeling supports the
conclusion that the fuel improvements
and the NOX SIP call result in
significant ozone improvements (lower
projected ozone concentrations) in
Jackson and Greene Counties. Using the
modeling results to determine Relative
Reduction Factors(RRFs) 2 and
considering the 2001–2003 ozone design
values for Greene and Jackson Counties
(89 ppb and 85 ppb, respectively), IDEM
projected the 2007 ozone design values
for Greene and Jackson Counties to be
81.4 ppb and 78.6 ppb, respectively.
Therefore, the NOX SIP call and the fuel
modifications considered in the ozone
modeling were found to significantly
improve the ozone levels in Greene and
Jackson Counties.
Lake Michigan Air Directors
Consortium (LADCO) modeling analysis
for the 8-hour ozone standard
2 Relative Reduction Factors are fractional
changes in peak ozone concentrations projected to
occur as the result of assumed changes in precursor
emissions resulting from the implementation of
emission control strategies. Relative Reduction
Factors are derived through ozone modeling and are
applied to monitored peak ozone concentrations to
project post-control peak ozone levels.
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
assessment. LADCO has performed
ozone modeling to evaluate the effect of
the NOX SIP call and Tier II/Low Sulfur
Fuel Rule on 2007 ozone levels in the
Lake Michigan area, which includes
Greene and Jackson Counties as well as
Southern Indiana. Like the EPA
modeling discussed above, this
modeling indicates that the 2001–2003
ozone design values for the Greene and
Jackson County monitoring sites would
be reduced to below-standard levels in
2007 as the result of implementing the
NOX SIP call and the Tier II/Low Sulfur
Fuel Rule.
EPA modeling analysis for the Clean
Air Interstate Rules (CAIR). EPA
conducted modeling in support of the
CAIR rulemaking. The modeling was
based on 1999–2003 design values.
Future year modeling was conducted for
Greene and Jackson Counties and future
year design values for 2010 and 2015
were evaluated for attainment of the 8hour ozone NAAQS. Results of the CAIR
modeling show that Greene and Jackson
Counties will continue to attain the 8hour ozone NAAQS in 2010. With
additional CAIR reductions in 2015,
design values continue to decrease.
As part of its maintenance plan, the
State elected to include a ‘‘safety
margin’’ for the areas. A ‘‘safety margin’’
is the difference between the attainment
level of emissions (from all sources) and
the projected level of emissions (from
all sources) in the maintenance plan
which continues to demonstrate
attainment of the standard. The
attainment level of emissions is the
E:\FR\FM\14NOR1.SGM
14NOR1
69094
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
level of emissions during one of the
years in which the area met the NAAQS.
For example, Greene and Jackson
Counties attained the 8-hour ozone
NAAQS during the 2002–2004 time
period. Indiana uses 2002 as the
attainment level of emissions for the
areas. The emissions from point, area,
nonroad, and mobile sources in 2002
equaled 8.41 tpd of VOC for Greene
County. Projected VOC emissions out to
the year 2015 equaled 7.65 tpd of VOC.
The SIP demonstrates that Greene
County will continue to maintain the
standard with emissions at this level.
The safety margin for VOC is calculated
to be the difference between these
amounts or, in this case, 0.76 tpd of
VOC for 2015. By this same method,
2.59 tpd (i.e., 5.95 tpd less 3.36 tpd) is
the safety margin for NOX for 2015. For
Jackson County, 5.25 tpd (i.e., 12.57 tpd
less 7.37 tpd) is the safety margin for
NOX for 2015. States are not required to
establish safety margins, and Indiana
did not include one for 2015 VOC
emissions for Jackson County. The
emissions are projected to maintain the
area’s air quality consistent with the
NAAQS. The safety margin, or a portion
thereof, can be allocated to any of the
source categories, as long as the total
attainment level of emissions is
maintained.
d. Monitoring Network
Indiana currently operates one ozone
monitor in Greene County and one
monitor in Jackson County. IDEM has
committed to continue operating and
maintaining an approved ozone monitor
network in accordance with 40 CFR part
58.
e. Verification of Continued Attainment
Continued attainment of the ozone
NAAQS in Greene and Jackson Counties
depends, in part, on the State’s efforts
toward tracking indicators of continued
attainment during the maintenance
period. The State’s plan for verifying
continued attainment of the 8-hour
standard in Greene and Jackson
Counties consists of plans to continue
ambient ozone monitoring in
accordance with the requirements of 40
CFR part 58. In addition, IDEM will
periodically revise and review the VOC
and NOX emissions inventories for
Greene and Jackson Counties to ensure
that emissions growth is not threatening
the continued attainment of the 8-hour
ozone standard. Emissions inventories
will be revised for 2005, 2008, and 2011,
as necessary to comply with the
emissions inventory reporting
requirements of the CAA. The updated
emissions inventories will be compared
to the 2002 emissions inventories to
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
assess emission trends and assure
continued attainment of the 8-hour
ozone standard.
f. Contingency Plan
The contingency plan provisions are
designed to promptly correct or prevent
a violation of the NAAQS that might
occur after redesignation of an area to
attainment. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to assure that the
State will promptly correct a violation
of the NAAQS that might occur after
redesignation. The maintenance plan
should identify the contingency
measures to be adopted, a schedule and
procedure for adoption and
implementation of the contingency
measures, and a time limit for action by
the state. The state should also identify
specific indicators to be used to
determine when the contingency
measures need to be adopted and
implemented. The maintenance plan
must include a requirement that the
state will implement all measures with
respect to control of the pollutant(s) that
were contained in the SIP before
redesignation of the area to attainment.
See section 175A(d) of the CAA.
As required by section 175A of the
CAA, Indiana has adopted contingency
plans for Greene and Jackson Counties
to address a possible future ozone air
quality problem. The contingency plans
adopted by Indiana have two levels of
responses, depending on whether a
violation of the 8-hour ozone standard
is only threatened (Warning Level) or
has occurred or is imminent (Action
Level).
A Warning Level response will occur
when an annual (1-year) fourth-high
monitored daily peak 8-hour ozone
concentration of 88 ppb or higher is
monitored in a single ozone season at
any monitor within the ozone
maintenance area. A Warning Level
response will consist of Indiana
performing a study to determine
whether the high ozone concentration
indicates a trend toward high ozone
levels or whether emissions are
increasing. If a trend toward higher
ozone concentrations exists and is likely
to continue, the emissions control
measures necessary to reverse the trend
will be determined taking into
consideration ease and timing of
implementation, as well as economic
and social considerations. The study,
including applicable recommended next
steps, will be completed within 12
months from the close of the ozone
season with the recorded high ozone
concentration. If emission controls are
needed to reverse the adverse ozone
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
trend, the procedures for emission
control selection under the Action Level
response will be followed.
An Action Level response will occur
when a two-year average annual fourthhigh monitored daily peak 8-hour ozone
concentration of 85 ppb occurs at any
monitor in the ozone maintenance area.
A violation of the standard (a 3-year
average of the annual fourth-highest
daily maximum 8-hour average ozone
concentration of 85 ppb or greater) also
triggers an Action Level response. In
this situation, IDEM will determine the
additional emission control measures
needed to assure future attainment of
the 8-hour ozone NAAQS. IDEM will
focus on emission control measures that
can be implemented in a short time, and
selected emission control measures will
be adopted and implemented within 18
months from the close of the ozone
season with ozone monitoring data that
prompted the Action Level Response.
Adoption of any additional emission
control measures will be subject to the
necessary administrative and legal
procedures, including publication of
notices and the opportunity for public
comment and response. If a new
emission control measure is adopted by
the State (independent of the ozone
contingency needs) or is adopted at a
Federal level and is scheduled for
implementation in a time frame that
will mitigate an ozone air quality
problem, IDEM will determine whether
this emission control measure is
sufficient to address the ozone air
quality problem. If IDEM determines
that existing or soon-to-be-implemented
emissions control measures should be
adequate to correct the ozone standard
violation problem, IDEM may determine
that additional emission control
measures at the State level may be
unnecessary. Regardless, IDEM will
submit to the EPA an analysis to
demonstrate that proposed emission
control measures are adequate to
provide for future attainment of the 8hour ozone NAAQS in a timely manner.
EPA notes that it is construing this
provision to require that any nonFederal control measure relied upon in
lieu of a contingency measure be
included in the State SIP or be
submitted to EPA for approval into the
SIP.
Contingency measures contained in
the maintenance plans are those
emission controls or other measures that
Indiana may choose to adopt and
implement to correct possible air quality
problems. These include, but are not
limited to, the following:
i. Lower Reid vapor pressure gasoline
requirements;
E:\FR\FM\14NOR1.SGM
14NOR1
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
ii. Broader geographic applicability of
existing emission control measures;
iii. Tightened RACT requirements on
existing sources covered by EPA Control
Technique Guidelines (CTGs) issued in
response to the 1990 CAA amendments;
iv. Application of RACT to smaller
existing sources;
v. Vehicle Inspection and
Maintenance (I/M);
vi. One or more Transportation
Control Measure (TCM) sufficient to
achieve at least a 0.5 percent reduction
in actual area wide VOC emissions, to
be selected from the following:
A. Trip reduction programs,
including, but not limited to, employerbased transportation management plans,
area wide rideshare programs, work
schedule changes, and telecommuting;
B. Transit improvements;
C. Traffic flow improvements; and
D. Other new or innovative
transportation measures not yet in
widespread use that affect State and
local governments as deemed
appropriate;
vii. Alternative fuel and diesel retrofit
programs for fleet vehicle operations;
viii. Controls on consumer products
consistent with those adopted elsewhere
in the United States;
ix. VOC or NOX emission offsets for
new or modified major sources;
x. VOC or NOX emission offsets for
new or modified minor sources;
xi. Increased ratio of emission offset
required for new sources; and,
xii. VOC or NOX emission controls on
new minor sources (with VOC or NOX
emissions less than 100 tons per year).
g. Provisions for Future Updates of the
Ozone Maintenance Plan
As required by section 175A(b) of the
CAA, Indiana commits to submit to the
EPA updates of the ozone maintenance
plans eight years after redesignation of
Greene and Jackson Counties to cover an
additional 10-year period beyond the
initial 10-year maintenance period.
EPA has concluded that the
maintenance plans adequately address
the five basic components of a
maintenance plan: attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. The maintenance
plan SIP revisions submitted by Indiana
for Greene and Jackson Counties meet
the requirements of section 175A of the
CAA.
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
B. Adequacy of Indiana’s Motor Vehicle
Emissions Budgets (MVEBs)
1. How Are MVEBs Developed and
What Are the MVEBs for Greene and
Jackson Counties?
Under the CAA, states are required to
submit, at various times, control strategy
SIP revisions and ozone maintenance
plans for applicable areas (for ozone
nonattainment areas and for areas
seeking redesignations to attainment of
the ozone standard). These emission
control strategy SIP revisions (e.g.,
reasonable further progress SIP and
attainment demonstration SIP revisions)
and ozone maintenance plans create
MVEBs based on onroad mobile source
emissions for criteria pollutants and/or
their precursors to address pollution
from cars and trucks. The MVEBs are
the portions of the total allowable
emissions that are allocated to highway
and transit vehicle use that, together
with emissions from other sources in
the area, will provide for attainment or
maintenance.
Under 40 CFR part 93, a MVEB for an
area seeking a redesignation to
attainment is established for the last
year of the maintenance plan. The
MVEB serves as a ceiling on emissions
from an area’s planned transportation
system. The MVEB concept is further
explained in the preamble to the
November 24, 1993, transportation
conformity rule (58 FR 62188). The
preamble also describes how to
establish the MVEB in the SIP and how
to revise the MVEB if needed.
Under section 176(c) of the CAA, new
transportation projects, such as the
construction of new highways, must
‘‘conform’’ to (i.e., be consistent with)
the part of the SIP that addresses
emissions from cars and trucks.
Conformity to the SIP means that
transportation activities will not cause
new air quality violations, worsen
existing air quality violations, or delay
timely attainment of the NAAQS. If a
transportation plan does not conform,
most new transportation projects that
would expand the capacity of roadways
cannot go forward. Regulations at 40
CFR part 93 set forth EPA policy,
criteria, and procedures for
demonstrating and assuring conformity
of such transportation activities to a SIP.
When reviewing SIP revisions
containing MVEBs, including
attainment strategies, rate-of-progress
plans, and maintenance plans, EPA
must affirmatively find that the MVEBs
are ‘‘adequate’’ for use in determining
transportation conformity. Once EPA
affirmatively finds the submitted
MVEBs to be adequate for transportation
conformity purposes, the MVEBs are
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
69095
used by state and federal agencies in
determining whether proposed
transportation projects conform to the
SIP as required by section 176(c) of the
Clean Air Act. EPA’s substantive criteria
for determining the adequacy of MVEBs
are set out in 40 CFR 93.118(e)(4).
EPA’s process for determining
adequacy of a MVEB consists of three
basic steps: (1) Providing public
notification of a SIP submission; (2)
providing the public the opportunity to
comment on the MVEB during a public
comment period; and (3) EPA’s finding
of adequacy. The process of determining
the adequacy of submitted SIP MVEBs
was initially outlined in EPA’s May 14,
1999 guidance, ‘‘Conformity Guidance
on Implementation of March 2, 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
Revisions for Existing Areas;
Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change,’’
published on July 1, 2004 (69 FR
40004). EPA follows this guidance and
rulemaking in making its adequacy
determinations.
Greene and Jackson Counties’ 10-year
maintenance plan submissions contain
new VOC and NOX MVEBs for 2015.
The availability of the SIP submissions
with these 2015 MVEBs was announced
for public comment on EPA’s Adequacy
Web page on August 2, 2005, at:
https://www.epa.gov/otaq/transp/
conform/currsips.htm. The EPA public
comment period on adequacy of the
2015 MVEBs for Greene and Jackson
Counties closed on September 1, 2005.
No requests for this submittal or adverse
comments on this submittal were
received during the Adequacy comment
period. On October 20, 2005 (70 FR
31128), EPA published notices of
adequacy to notify the public that we
had found the 2015 MVEBs to be
adequate for use in transportation
conformity analyses.
EPA, through this rulemaking, is
approving the MVEBs for use to
determine transportation conformity in
Greene and Jackson Counties because
EPA has determined that the areas can
maintain attainment of the 8-hour ozone
NAAQS for the relevant 10-year period
with mobile source emissions at the
levels of the MVEBs. IDEM has
determined the 2015 MVEBs for Greene
County to be 1.46 tpd for VOC and 1.54
tpd for NOX. It should be noted that
these MVEBs exceed the onroad mobile
source VOC and NOX emissions
projected by IDEM for 2015, as
E:\FR\FM\14NOR1.SGM
14NOR1
69096
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
summarized in Table 9 above (‘‘onroad’’
source sector). IDEM decided to include
safety margins (described further below)
of 0.13 tpd of VOC and 0.14 tpd for NOX
in the MVEBs to provide for mobile
source growth. Indiana has
demonstrated that Greene County can
maintain the 8-hour ozone NAAQS with
mobile source emissions of 1.46 tpd of
VOC and 1.54 tpd of NOX in 2015,
including the allocated safety margins,
since emissions will still remain under
attainment year emission levels.
IDEM has determined the 2015
MVEBs for Jackson County to be 1.65
tpd for VOC and 3.18 tpd for NOX. It
should be noted that the MVEB exceeds
the onroad mobile source NOX
emissions projected by IDEM for 2015,
as summarized in Table 10 above
(‘‘onroad’’ source sector). IDEM decided
to include a safety margin of 0.15 tpd for
NOX in the MVEB to provide for mobile
source growth. Indiana has
demonstrated that Jackson County can
maintain the 8-hour ozone NAAQS with
mobile source emissions of 3.18 tpd of
NOX in 2015, including the allocated
safety margin, since NOX emissions will
still remain under attainment year
emission levels.
2. What Is a Safety Margin?
A ‘‘safety margin’’ is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. As
noted in Table 9, Greene County VOC
and NOX emissions are projected to
have safety margins of 0.76 tpd for VOC
and 2.59 tpd for NOX in 2015 (the
difference between the attainment year,
2002, emissions and the 2015 emissions
for all sources in Greene County). As
noted in Table 10, Jackson County NOX
emissions are projected to have a safety
margin of 5.25 tpd. Even if emissions
reached the full level of the safety
margin, the counties would still
demonstrate maintenance since
emission levels would equal those in
the attainment year.
The MVEBs requested by IDEM
contain safety margins for mobile
sources significantly smaller than the
allowable safety margins reflected in the
total emissions for Greene and Jackson
Counties. The State is not requesting
allocation of the entire available safety
margins reflected in the demonstration
of maintenance. Therefore, even though
the State is requesting MVEBs that
exceed the onroad mobile source
emissions for 2015 contained in the
demonstration of maintenance, the
increase in onroad mobile source
emissions that can be considered for
transportation conformity purposes is
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
well within the safety margins of the
ozone maintenance demonstration.
Further, once allocated to mobile
sources, these safety margins will not be
available for use by other sources.
VIII. Statutory and Executive Order
Reviews
VII. Final Actions
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.
EPA is making determinations that
Greene and Jackson Counties have
attained the 8-hour ozone NAAQS, and
EPA is approving the redesignations of
Greene and Jackson Counties from
nonattainment to attainment for the 8hour ozone NAAQS. After evaluating
Indiana’s redesignation requests, EPA
has determined that they meet the
redesignation criteria set forth in section
107(d)(3)(E) of the CAA. The final
approvals of these redesignation
requests would change the official
designations for Greene and Jackson
Counties from nonattainment to
attainment for the 8-hour ozone
standard.
EPA is also approving the
maintenance plan SIP revisions for
Greene and Jackson Counties. Approval
of the maintenance plans is based on
Indiana’s demonstration that the plans
meet the requirements of section 175A
of the CAA, as described more fully
above. Additionally, EPA is finding
adequate and approving the 2015
MVEBs submitted by Indiana in
conjunction with the redesignation
requests.
We are publishing these actions
without prior proposal because we view
these actions as noncontroversial and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
redesignations and maintenance plans if
relevant adverse written comments are
filed. These rules will be effective
December 29, 2005 without further
notice unless we receive relevant
adverse written comments by December
14, 2005. If we receive such comments
with respect to an area addressed by this
rule, we will publish a timely
withdrawal of the action affecting that
area, informing the public that the rule
will not take effect with respect to that
area. EPA will respond to the public
comments in a subsequent final rule
based on the proposed action for that
area. The EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time. If we do not
receive any comments, this action will
be effective December 29, 2005.
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
Executive Order 12866; Regulatory
Planning and Review
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant energy
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
Regulatory Flexibility Act
This 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 preexisting 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).
E:\FR\FM\14NOR1.SGM
14NOR1
69097
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
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, does not impose
any new requirements on sources, or
allows a state to avoid adopting or
implementing other requirements, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act.
Executive Order 13045 Protection of
Children From Environmental Health
and Safety Risks
This 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.
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.
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.).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: November 1, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
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
§ 52.777 Control strategy: Photochemical
oxidants (hydrocarbons).
*
*
*
*
*
(bb) Approval—On July 15, 2005,
Indiana submitted requests to
redesignate Greene and Jackson
Counties to attainment of the 8-hour
ozone National Ambient Air Quality
Standard. These requests were
supplemented with submittals dated
September 6, 2005, September 7, 2005,
October 6, 2005, and October 20, 2005.
As part of the redesignation requests,
the State submitted maintenance plans
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 Greene and
Jackson Counties. The 2015 motor
vehicle emission budgets for Greene
County are 1.46 tpd for VOC and 1.54
tpd for NOX. The 2015 motor vehicle
emission budgets for Jackson County are
1.65 tpd for VOC and 3.18 tpd for NOX.
PART 81—[AMENDED]
Parts 52 and 81, chapter I, title 40 of
the Code of Federal Regulations, are
amended as follows:
I
1. The authority citation for part 81
continues to read as follows:
I
PART 52—[AMENDED]
Authority: 42 U.S.C. 7401 et seq.
1. The authority citation for part 52
continues to read as follows:
I
2. Section 81.315 is amended by
revising the entries for the Greene Co.,
IN and Jackson Co., IN areas in the table
entitled ‘‘Indiana Ozone (8-Hour
Standard)’’ to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart P—Indiana
2. Section 52.777 is amended by
adding paragraph (bb) to read as
follows:
I
§ 81.315
*
*
Indiana.
*
*
*
INDIANA OZONE (8-HOUR STANDARD)
Designation a
Category/Classification
Designated area
Date 1
*
*
*
*
Greene County .................................................................
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Jackson Co., IN:
12/29/05 Attainment.
*
*
a Includes
1 This
Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
PO 00000
Frm 00057
Type
Greene Co., IN:
12/29/05 Attainment.
*
Jackson County ................................................................
Date 1
Type
Fmt 4700
Sfmt 4700
E:\FR\FM\14NOR1.SGM
14NOR1
69098
*
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
*
*
*
*
[FR Doc. 05–22466 Filed 11–10–05; 8:45 am]
BILLING CODE 6560–50–P
NATIONAL SCIENCE FOUNDATION
45 CFR Part 670
Conservation of Antarctic Animals and
Plants
National Science Foundation.
Direct final rule.
AGENCY:
ACTION:
Pursuant to the Antarctic
Conservation Act of 1978, The National
Science Foundation (NSF) is amending
its regulations to designate additional
Antarctic Specially Protected Areas
(ASPA). Also, NSF is adding to this rule
in Antarctica designated by the Treaty
Parties as Antarctic Specially Managed
Areas (ASMA) and Historical Sites or
Monuments (HSM). These additions
only reflect measures already adopted
by the Antarctic Treaty parties at
Antarctic Treaty Consultative Meetings
(ATCM). Finally, the regulation is being
revised to correct some typographical
and numbering errors.
DATES: November 14, 2005.
FOR FURTHER INFORMATION CONTACT:
Bijan Gilanshah, Office of the General
Counsel, at 703–292–8060, National
Science Foundation, 4201 Wilson
Boulevard, Room 1265, Arlington,
Virginia 22230.
SUPPLEMENTARY INFORMATION: The
Antarctic Conservation Act of 1978, as
amended, (‘‘ACA’’) (16 U.S.C. 2401 et
seq.) implements the Protocol on
Environmental Protection to the
Antarctic Treaty (‘‘the Protocol’’).
Annex II of the Protocol contains
provisions for conservation of native
Antarctic plants and animals. Annex V
contains provisions for the protection of
specially designated areas. Section 2405
of title 16 of the ACA directs the
Director of the National Science
Foundation to issue such regulations as
are necessary and appropriate to
implement Annexes II and V to the
Protocol.
The Antarctic Treaty Parties
periodically adopt measures to establish
additional specially protected areas,
specially managed areas and historical
sites or monuments in Antarctica. This
rule is being revised to add two
additional Antarctic specially protected
areas, all specially managed areas and a
comprehensive list of designated
historical sites and monuments in
Antarctica. The revisions also reiterate
the ACA’s prohibition on entering or
engaging in activities within an
Antarctic Specially Protected Area
SUMMARY:
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
unless authorized by permit as well as
the ACA’s blanket prohibition on
damaging, removing or destroying a
Historic Site or Monument. No public
comment is needed the addition of these
areas or sites merely implements
measures adopted by the Treaty Parties
at various ATCM meetings.
Finally, these amendments correct
typographical errors in the names and
numerical listings of several specially
protected areas previously published in
§ 670.29.
Determinations
NSF has determined, under the
criteria set forth in Executive Order
12866, that this rule is not a significant
regulatory action requiring review by
the Office of Management and Budget.
This rule involves a foreign affairs
function of the United States and is,
therefore, exempt from the notice
requirements of section 553 of the
Administrative Procedures Act and from
regulatory flexibility analysis
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601–612.
Although this rule is exempt from the
Regulatory Flexibility Act, it has
nonetheless been determined that this
rule will not have a significant impact
on a substantial number of small
businesses. For purposes of the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.), these amendments to the
existing regulations do not change the
collection of information requirements
contained in NSF’s existing regulations,
which have already been approved by
the Office of Management and Budget.
List of Subjects in 45 CFR Part 670
Administrative practice and
procedure, Antarctica, Exports, Imports,
Plants, Reporting and recordkeeping
requirements, Wildlife.
Dated: October 12, 2005.
Lawrence Rudolph,
General Counsel.
Pursuant to the authority granted by
16 U.S.C. 2405(a)(1), NSF hereby
amends 45 CFR Part 670 as set forth
below:
I
PART 670—[AMENDED]
1. The authority citation for Part 670
continues to read as follows:
I
Authority: 16 U.S.C. 2405, as amended.
2. Section 670.29 is revised to read as
follows:
I
§ 670.29 Designation of Antarctic specially
protected areas, specially managed areas
and historic sites and monuments.
The following areas have been
designated by the Antarctic Treaty
Parties for special protection and are
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
hereby designated as Antarctic Specially
Protected Areas (ASPA). The Antarctic
Conservation Act of 1978, as amended,
prohibits, unless authorized by a permit,
any person from entering or engaging in
activities within an ASPA. Detailed
maps and descriptions of the sites and
complete management plans can be
obtained from the National Science
Foundation, Office of Polar Programs,
National Science Foundation, Room
755, 4201 Wilson Boulevard, Arlington,
Virginia 22230.
ASPA 101 Taylor Rookery, Mac.
Robertson Land, East Antarctica
ASPA 102 Rookery Islands, Holme
Bay, Mac. Robertson Land, East
Antarctica
ASPA 103 Ardery Island and Odbert
Island, Budd Coast, Wilkes Land, East
Antarctica
ASPA 104 Sabrina Island, Balleny
Islands
ASPA 105 Beaufort Island, Ross Sea
(see ASPA 124)
ASPA 106 Cape Hallett, Victoria Land
ASPA 107 Emperor Island, Dion
Islands, Marguerite Bay, Antarctic
Peninsula (see Measure 1, 2002)
ASPA 108 Green Island, Berthelot
Islands, Antarctic Peninsula
ASPA 109 Moe Island, South Orkney
Islands
ASPA 110 Lynch Island, South Orkney
Islands
ASPA 111 Southern Powell Island and
adjacent Islands, South Orkney
Islands
ASPA 112 Coppermine Peninsula,
Robert Island, South Shetland Islands
ASPA 113 Litchfield Island, Arthur
Harbour, Anvers Island, Palmer
Archipelago
ASPA 114 Northern Coronation Island,
South Orkney Islands
ASPA 115 Lagotellerie Island,
Marguerite Bay, Antarctic Peninsula
ASPA 116 ‘New College Valley’,
Caughley Beach, Cape Bird, Ross
Island
ASPA 117 Avian Island, off Adelaide
Island, Antarctic Peninsula
ASPA 118 ‘Cryptogam Ridge’, Mount
Melbourne, Victoria Land
ASPA 119 Davis Valley and Forlidas
Pond Pond, Dufek Massif
´
ASPA 120 ‘Pointe-Geologie
´
Archipelego’, Terre Adelie
ASPA 121 Cape Royds, Ross Island
ASPA 122 Arrival Heights, Hut Point
Peninsula, Ross Island
ASPA 123 Barwick and Balham
Valleys (see Measure 1, 2002),
Victoria Land
ASPA 124 Cape Crozier, Ross Island
ASPA 125 Fildes Peninsula, King
George Island, South Shetland Islands
ASPA 126 Byers Peninsula, Livingston
Island, South Shetland Islands
E:\FR\FM\14NOR1.SGM
14NOR1
]]>Agencies
[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Rules and Regulations]
[Pages 69085-69098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22466]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R05-OAR-2005-IN-0009; FRL-7995-9]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Indiana; Redesignation of
Greene County and Jackson County 8-Hour Ozone Nonattainment Areas To
Attainment for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is making determinations that the Greene County and
Jackson County ozone nonattainment areas have attained the 8-hour ozone
National Ambient Air Quality Standard (NAAQS). These determinations are
based on three years of complete, quality-assured ambient air quality
monitoring data for the 2002-2004 seasons that demonstrate that the 8-
hour ozone NAAQS has been attained in the areas.
EPA is approving requests from the State of Indiana to redesignate
the Greene County and Jackson County areas to attainment of the 8-hour
ozone NAAQS. These requests were submitted by the Indiana Department of
Environmental Management (IDEM) on July 15, 2005 and supplemented on
September 6, 2005, September 7, 2005, October 6, 2005, and October 20,
2005. In approving these requests, EPA is also approving the State's
plans for maintaining the 8-hour ozone NAAQS through 2015 in these
areas as a revision to the Indiana State Implementation Plan (SIP). EPA
is also finding adequate and approving the State's 2015 Motor Vehicle
Emission Budgets (MVEBs) for these areas.
DATES: This rule is effective on December 29, 2005, unless EPA receives
adverse written comments by December 14, 2005. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R05-OAR-2005-IN-0009, by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: https://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comments system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: mooney.john@epa.gov.
4. Fax: (312) 886-5824.
5. Mail: You may send written comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
6. Hand delivery: Deliver your comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.
excluding Federal holidays.
Instructions: Direct your comments to RME ID No. R05-OAR-2005-IN-
0009. EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided and may be made available online at https://docket.epa.gov/rmepub/, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at https://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in RME
or in hard copy at the Environmental Protection Agency, Region 5, Air
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois
60604. We recommend that you telephone Kathleen D'Agostino,
Environmental Engineer, at (312) 886-1767 before visiting the Region 5
office. This Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kathleen D' Agostino, 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) 886-1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What Actions Is EPA Taking?
[[Page 69086]]
II. What Is the Background for These Actions?
III. What Are the Criteria for Redesignation?
IV. Why Is EPA Taking These Actions?
V. What Is the Effect of These Actions?
VI. What Is EPA's Analysis of the Request?
A. Attainment Determination and Redesignation
B. Adequacy of Indiana's Motor Vehicle Emission Budget
VII. Final Actions
VIII. Statutory and Executive Order Reviews
I. What Actions Is EPA Taking?
EPA is taking several related actions. EPA is making determinations
that the Greene County and Jackson County, Indiana nonattainment areas
have attained the 8-hour ozone standard and that Greene and Jackson
Counties have met the requirements for redesignation under section
107(d)(3)(E). EPA is thus approving requests to change the legal
designations of the Greene County and Jackson County areas from
nonattainment to attainment for the 8-hour ozone NAAQS. EPA is also
approving Indiana's maintenance plan SIP revisions for Greene and
Jackson Counties (such approval being one of the CAA criteria for
redesignation to attainment status). The maintenance plans are designed
to keep Greene and Jackson Counties in attainment of the ozone NAAQS
for the next 10 years. Additionally, EPA is announcing its action on
the Adequacy Process for the newly-established 2015 MVEBs. The Adequacy
comment periods for the 2015 MVEBs began on August 2, 2005, with EPA's
posting of the availability of these submittals on EPA's Adequacy Web
site (at https://www.epa.gov/otaq/transp/conform/adequacy.htm). The
Adequacy comment periods for these MVEBs ended on September 1, 2005. No
requests for these submittals or adverse comments on these submittals
were received during the Adequacy comment periods. Please see the
Adequacy Section of this rulemaking for further explanation on this
process. Therefore, we are finding adequate and approving the State's
2015 MVEBs for transportation conformity purposes.
II. What Is the Background for These Actions?
Ground-level ozone is not emitted directly by sources. Rather,
emissions of nitrogen oxides (NOX) and volatile organic
compounds (VOCs) react in the presence of sunlight to form ground-level
ozone. NOX and VOCs are referred to as precursors of ozone.
The CAA establishes a process for air quality management through
the NAAQS. Greene and Jackson Counties were designated unclassifiable/
attainment under the 1-hour ozone NAAQS, which was revoked on June 15,
2005. On July 18, 1997, EPA promulgated a revised 8-hour ozone standard
of 0.08 parts per million (ppm). This new standard is more stringent
than the previous 1-hour standard.
On April 30, 2004 (69 FR 23857), EPA published a final rule
designating and classifying areas under the 8-hour ozone NAAQS. These
designations and classifications became effective June 15, 2004. The
CAA required EPA to designate as nonattainment any area that was
violating the 8-hour ozone NAAQS based on the three most recent years
(2001-2003) of air quality data. The CAA contains two sets of
provisions--subpart 1 and subpart 2--that address planning and control
requirements for nonattainment areas. (Both are found in title I, part
D.) Subpart 1 (which EPA refers to as ``basic'' nonattainment) contains
general, less prescriptive, requirements for nonattainment areas for
any pollutant--including ozone--governed by a NAAQS. Subpart 2 (which
EPA refers to as ``classified'' nonattainment) provides more specific
requirements for ozone nonattainment areas. Some ozone nonattainment
areas are subject only to the provisions of subpart 1. Other ozone
nonattainment areas are also subject to the provisions of subpart 2.
Under EPA's 8-hour ozone implementation rule, signed on April 15, 2004,
(69 FR 23951) an area was classified under subpart 2 based on its 8-
hour ozone design value (i.e., the 3-year average annual fourth-highest
daily maximum 8-hour average ozone concentration), if it had a 1-hour
design value at or above 0.121 ppm (the lowest 1-hour design value in
Table 1 of subpart 2). All other areas are covered under subpart 1,
based upon their 8-hour design values. Both Greene and Jackson Counties
were designated as subpart 1, 8-hour ozone nonattainment areas by EPA
on April 30, 2004, (69 FR 23857) based on air quality monitoring data
from 2001-2003.
Under EPA regulations at 40 CFR part 50, the 8-hour ozone standard
is attained when the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations is less than or equal to
0.08 ppm (i.e., 0.084 ppm) when rounding is considered. (See 69 FR
23857 (April 30, 2004) for further information). The data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than 90%, and no single year has less than
75% data completeness as determined in Appendix I of part 50.
On July 15, 2005, Indiana requested that EPA redesignate Greene and
Jackson Counties to attainment for the 8-hour ozone standard. These
requests were supplemented with submittals dated September 6, 2005,
September 7, 2005, October 6, 2005, and October 20, 2005. The
redesignation requests included three years of complete, quality-
assured data for the period of 2002 through 2004, indicating the 8-hour
NAAQS for ozone had been attained for Greene and Jackson Counties.
Under the CAA, nonattainment areas may be redesignated to attainment if
sufficient complete, quality-assured data are available for the
Administrator to determine that the area has attained the standard and
the area meets the other four CAA redesignation requirements in section
107(d)(3)(E).
III. What Are the Criteria for Redesignation?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) allows for
redesignation providing that: (1) The Administrator determines that the
area has attained the applicable NAAQS; (2) the Administrator has fully
approved the applicable implementation plan for the area under section
110(k); (3) the Administrator determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the applicable SIP and applicable
Federal air pollutant control regulations and other permanent and
enforceable reductions; (4) the Administrator has fully approved a
maintenance plan for the area as meeting the requirements of section
175A; and (5) the state containing such area has met all requirements
applicable to the area under section 110 and part D.
EPA provided guidance on redesignation in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990, on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070). EPA has provided further guidance on processing
redesignation requests in the following documents:
``Ozone and Carbon Monoxide Design Value Calculations'',
Memorandum from William G. Laxton, Director Technical Support
Division, June 18, 1990;
``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
[[Page 69087]]
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992;
``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (ACT) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSD's) for Redesignation Ozone
and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G.T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17,
1993;
``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS)
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, to Air Division
Directors, Regions 1-10, dated November 30, 1993.
``Part D New Source Review (part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and
``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May
10, 1995.
IV. Why Is EPA Taking These Actions?
On July 15, 2005, Indiana requested redesignation of Greene County
and Jackson County to attainment for the 8-hour ozone standard. Indiana
supplemented these requests with submittals dated September 6, 2005,
September 7, 2005, October 6, 2005, and October 20, 2005. EPA believes
that the areas have attained the standard and have met the requirements
for redesignation set forth in section 107(d)(3)(E) of the CAA.
V. What Is the Effect of These Actions?
Approval of the redesignation requests would change the official
designation of the areas for the 8-hour ozone NAAQS found at 40 CFR
part 81. It would also incorporate into the Indiana SIP plans for
maintaining the 8-hour ozone NAAQS through 2015. The maintenance plans
include contingency measures to remedy future violations of the 8-hour
NAAQS, and establish MVEBs for the year 2015 of 1.46 and 1.65 tons per
day (tpd) VOC and 1.54 and 3.18 tpd NOX for Greene and
Jackson Counties, respectively.
VI. What Is EPA's Analysis of the Request?
A. Attainment Determination and Redesignation
EPA is making determinations that the Greene County and Jackson
County nonattainment areas have attained the 8-hour ozone standard and
that the areas have met all other applicable section 107(d)(3)(E)
redesignation criteria. The basis for EPA's determinations is as
follows:
1. The Areas Have Attained the 8-Hour Ozone NAAQS (Section
107(d)(3)(E)(i))
EPA is making determinations that Greene and Jackson Counties have
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, as
determined in accordance with 40 CFR 50.10 and Appendix I, based on
three complete, consecutive calendar years of quality-assured air
quality monitoring data. To attain this standard, the 3-year average of
the fourth-highest daily maximum 8-hour average ozone concentrations
measured at each monitor within an area over each year must not exceed
0.08 ppm. Based on the rounding convention described in 40 CFR Part 50,
Appendix I, the standard is attained if the design value is 0.084 ppm
or below. The data must be collected and quality-assured in accordance
with 40 CFR part 58, and recorded in Aerometric Information Retrieval
System (AIRS). The monitors generally should have remained at the same
location for the duration of the monitoring period required for
demonstrating attainment.
IDEM submitted ozone monitoring data for the 2002 to 2004 ozone
seasons. The State quality assures monitoring data in accordance with
40 CFR 58.10 and the Indiana Quality Assurance Manual and records the
data in the AIRS database, thus making the data publicly available.
IDEM operates one ozone monitor in Greene County (18-055-0001) and one
ozone monitor in Jackson County (18-071-0001). The data for 2002-2004
have been quality assured and are recorded in AIRS. For Greene County,
data completeness was 100% for 2002-2004. For Jackson County, data
completeness averaged 100%, 100% and 98% in 2002, 2003 and 2004,
respectively. The four highest 8-hour average readings for the Greene
County and Jackson County ozone monitoring sites for the years 2002 to
2004 are presented in Tables 1 and 2 below:
Table 1.--Maximum 8-Hour Average Ozone Concentrations at the Greene County Monitor From 2002-2004 (ppm)
----------------------------------------------------------------------------------------------------------------
1st max 8- 2nd max 8- 3rd max 8- 4th max 8-
Year hour (ppm) hour (ppm) hour (ppm) hour (ppm)
----------------------------------------------------------------------------------------------------------------
2002............................................ 0.097 0.095 0.095 0.093
2003............................................ 0.097 0.092 0.092 0.088
2004............................................ 0.076 0.075 0.075 0.073
-------------------------------------------------
2002-2004 average of 4th max 8-hour averages (ppm).............................................. 0.084
----------------------------------------------------------------------------------------------------------------
Table 2.--Maximum 8-Hour Average Ozone Concentrations at the Jackson County Monitor From 2002-2004 (ppm)
----------------------------------------------------------------------------------------------------------------
1st max 8- 2nd max 8- 3rd max 8- 4th max 8-
Year hour (ppm) hour (ppm) hour (ppm) hour (ppm)
----------------------------------------------------------------------------------------------------------------
2002............................................ 0.094 0.093 0.091 0.090
2003............................................ 0.084 0.082 0.082 0.082
[[Page 69088]]
2004............................................ 0.076 0.070 0.069 0.067
-------------------------------------------------
2002-2004 average of 4th max 8-hour averages (ppm).............................................. 0.079
----------------------------------------------------------------------------------------------------------------
It should be noted that preliminary 2005 monitoring data for Greene
and Jackson Counties show that the areas continue to attain the 8-hour
ozone standard.
In addition, as discussed below with respect to the maintenance
plan, IDEM has committed to continue monitoring in these areas in
accordance with 40 CFR part 58. In summary, EPA believes that the data
submitted by Indiana provide an adequate demonstration that Greene and
Jackson Counties have attained the 8-hour ozone NAAQS.
2. The Areas Have Met All Applicable Requirements Under Section 110 and
Part D; and the Areas Have Fully Approved SIPs Under Section 110(k).
(Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
We have determined that Indiana has met all currently applicable
SIP requirements for purposes of redesignation for Greene and Jackson
Counties under section 110 of the CAA (general SIP requirements). We
have also determined that the Indiana SIP meets all SIP requirements
currently applicable for purposes of redesignation under Part D of
Title I of the CAA (requirements specific to Subpart 1 nonattainment
areas), in accordance with section 107(d)(3)(E)(v). In addition, we
have determined that the Indiana SIP is fully approved with respect to
all applicable requirements for purposes of redesignation, in
accordance with section 107(d)(3)(E)(ii). In making these
determinations, we have ascertained what SIP requirements are
applicable to the areas for purposes of redesignation, and have
determined that the portions of the SIP meeting these requirements are
fully approved under section 110(k) of the CAA. As discussed more fully
below, SIPs must be fully approved only with respect to currently
applicable requirements of the CAA.
a. Greene and Jackson Counties Have Met All Applicable Requirements
Under Section 110 and Part D of the CAA
The September 4, 1992 Calcagni memorandum (see ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) describes EPA's interpretation of section
107(d)(3)(E) of the CAA. Under this interpretation, to qualify for
redesignation of an area to attainment, the state and the area must
meet the relevant CAA requirements that come due prior to the state's
submittal of a complete redesignation request for the area. See also
the September 17, 1993 Michael Shapiro memorandum and 60 FR 12459,
12465-66 (Mar. 7, 1995) (redesignation of Detroit-Ann Arbor, Michigan
to attainment of the 1-hour ozone NAAQS). Applicable requirements of
the CAA that come due subsequent to the state's submittal of a complete
request remain applicable until a redesignation to attainment is
approved, but are not required as a prerequisite to redesignation. See
section 175A(c) of the CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir.
2004). See also 68 FR 25424, 25427 (May 12, 2003) (redesignation of the
St. Louis/East St. Louis area to attainment of the 1-hour ozone NAAQS).
General SIP requirements. Section 110(a) of title I of the CAA
contains the general requirements for a SIP. General SIP elements and
requirements are delineated in section 110(a)(2). These requirements
include, but are not limited to, the following: Submittal of a SIP that
has been adopted by the state after reasonable public notice and
hearing; enforceable emission limitations and other control measures,
means or techniques; provisions for establishment and operation of
appropriate devices, methods, systems and procedures necessary to
monitor ambient air quality; implementation of a source permit program;
provisions for the implementation of part C, Prevention of Significant
Deterioration (PSD) and part D, New Source Review (NSR) permit
programs; criteria for stationary source emission control measures,
monitoring, and reporting; provisions for air quality modeling; and
provisions for public and local agency participation in planning and
emission control rule development.
Section 110(a)(2)(D) of the CAA requires that SIPs contain certain
measures to prevent sources in a state from significantly contributing
to air quality problems in another state. To implement this provision,
EPA has required certain states to establish programs to address
transport of air pollutants (NOX SIP Call,\1\ Clean Air
Interstate Rule (CAIR) (70 FR 25162)). However, the section
110(a)(2)(D) requirements for a state are not linked with a particular
nonattainment area's designation and classification. EPA believes that
the requirements linked with a particular nonattainment area's
designation and classification are the relevant measures to evaluate in
reviewing a redesignation request. The transport SIP submittal
requirements, where applicable, continue to apply to a state regardless
of the designation of any one particular area in the state.
---------------------------------------------------------------------------
\1\ On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP call, requiring the District of Columbia and 22
states, including Indiana, to reduce their statewide emissions of
NOX in order to reduce the transport of ozone and ozone.
In compliance with EPA's NOX SIP call, IDEM has developed
rules governing the control of NOX emissions from
Electric Generating Units (EGUs), major non-EGU industrial boilers,
and major cement kilns. EPA approved Indiana's rules as fulfilling
Phase I of the NOX SIP Call on November 8, 2001 (66 FR
56465). On December 11, 2003 (68 FR 69025) EPA approved revisions to
these rules.
---------------------------------------------------------------------------
We believe that these requirements should not be construed to be
applicable requirements for purposes of redesignation. Further, we
believe that the other section 110 elements described above that are
not connected with nonattainment plan submissions and not linked with
an area's attainment status are also not applicable requirements for
purposes of redesignation. A state remains subject to these
requirements after an area is redesignated to attainment. We conclude
that only the section 110 and part D requirements which are linked with
a particular area's designation and classification are the relevant
measures in evaluating a redesignation request. This approach is
consistent with EPA's existing policy on applicability of conformity
and oxygenated fuels requirements for redesignation purposes, as well
as with section 184 ozone transport requirements. See Reading,
Pennsylvania, proposed and final rulemakings (61 FR 53174-53176,
[[Page 69089]]
October 10, 1996), (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 ozone redesignation (65 FR
37890, June 19, 2000), and in the Pittsburgh 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.
Any section 110 requirements that are linked to the part D requirements
for 8-hour ozone nonattainment areas are not yet due, since, as
explained below, no Part D requirements applicable for purposes of
redesignation under the 8-hour standard became due prior to submission
of the redesignation requests. Therefore, as discussed above, for
purposes of redesignation, they are not considered applicable
requirements.
Part D Requirements. EPA has determined that the Indiana SIP meets
applicable SIP requirements under part D of the CAA since no
requirements applicable for purposes of redesignation became due for
the 8-hour ozone standard prior to submission of the Greene County or
Jackson County redesignation request. Under part D, an area's
classification determines 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 requirements applicable to all nonattainment
areas. Section 182 of the CAA, found in subpart 2 of part D,
establishes additional specific requirements depending on the area's
nonattainment classification. Greene and Jackson Counties were both
classified as subpart 1 nonattainment areas, and therefore subpart 2
requirements do not apply.
Part D, Subpart 1 applicable SIP requirements. For purposes of
evaluating these redesignation requests, the applicable part D, subpart
1 SIP requirements for Greene and Jackson Counties are contained in
sections 172(c)(1)-(9). A thorough discussion of the requirements
contained in section 172 can be found in the General Preamble for
Implementation of Title I (57 FR 13498, April 16, 1992).
No requirements applicable for purposes of redesignation under part
D became due prior to submission of the redesignation requests, and,
therefore, none is applicable to the area for purposes of
redesignation. Since the State of Indiana has submitted complete ozone
redesignation requests for Greene and Jackson Counties prior to the
deadline for any submissions required for purposes of redesignation, we
have determined that these requirements do not apply to the Greene
County and Jackson County areas for purposes of redesignation.
Furthermore, 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 part D NSR, since PSD requirements will apply after
redesignation. A more detailed rationale for this view is described in
a memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled, ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.''
Indiana has demonstrated that the areas will be able to maintain the
standard without part D NSR in effect, and therefore, EPA concludes
that the State need not have a fully approved part D NSR program prior
to approval of the redesignation request. The State's PSD program will
become effective in Greene and Jackson Counties 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); and
Grand Rapids, Michigan (61 FR 31834-31837, June 21, 1996).
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 quality planning goals in the applicable SIPs. 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 revisions must be consistent with Federal
conformity regulations relating to consultation, enforcement and
enforceability that the CAA required the EPA to promulgate.
EPA approved Indiana's general conformity SIP on January 14, 1998
(63 FR 2146). Indiana does not have a Federally approved transportation
conformity SIP. However, conformity analyses are performed pursuant to
EPA's Federal conformity rules. Indiana has submitted on-highway motor
vehicle budgets for Greene and Jackson Counties of 1.46 and 1.65 tpd of
VOC and 1.54 and 3.18 tpd of NOX, respectively, based on the
areas' 2015 level of emissions. Greene and Jackson Counties must use
the motor vehicle emissions budgets from the maintenance plan in any
conformity determination that is effective on or after the effective
date of the maintenance plan approval.
EPA believes that it is reasonable to interpret the conformity SIP
requirements as not applying for purposes of evaluating the
redesignation request under section 107(d) for two reasons. First, the
requirement to submit SIP revisions to comply with the conformity
provisions of the CAA continues to apply to areas after redesignation
to attainment since such areas would be subject to a section 175A
maintenance plan. Second, EPA's Federal conformity rules require the
performance of conformity analyses in the absence of Federally-approved
state rules. Therefore, because areas are subject to the conformity
requirements regardless of whether they are redesignated to attainment
and must implement conformity under Federal rules if state rules are
not yet approved, EPA believes it is reasonable to view these
requirements as not applying for purposes of evaluating a redesignation
request. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), upholding this
interpretation. See also 60 FR 62748 (Dec. 7, 1995) (Tampa, Florida).
Thus, the areas have satisfied all applicable requirements under
section 110 and part D of the CAA.
b. Greene and Jackson Counties Have a Fully Approved Applicable SIP
Under Section 110(k) of the CAA
EPA has fully approved the Indiana SIP for Greene and Jackson
Counties under section 110(k) of the CAA for all requirements
applicable for purposes of redesignation. EPA may rely on prior SIP
approvals in approving a redesignation request (See the September 4,
1992 John Calcagni memorandum, page 3, Southwestern Pennsylvania Growth
Alliance v. Browner, 144 F.3d 984, 989-990 (6th Cir. 1998), Wall v.
EPA, 265 F.3d 426 (6th Cir. 2001)) plus any additional measures it may
approve in conjunction with a redesignation action. See 68 FR 25426
(May 12, 2003). Since the passage of the CAA of 1970, Indiana has
adopted and submitted, and EPA has fully approved, provisions
addressing the various required SIP elements applicable to Greene and
Jackson Counties under the 1-hour ozone standard. No Greene or Jackson
County area SIP provisions are currently
[[Page 69090]]
disapproved, conditionally approved, or partially approved. As
indicated above, EPA believes that the section 110 elements not
connected with nonattainment plan submissions and not linked to the
area's nonattainment status are not applicable requirements for
purposes of redesignation. EPA also believes that since the part D
requirements applicable for purposes of redesignation did not become
due prior to submission of the redesignation request, they also are,
therefore, not applicable requirements for purposes of redesignation.
3. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIP and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions. (Section 107(d)(3)(E)(iii))
EPA believes that Indiana has demonstrated that the observed air
quality improvement in Greene and Jackson Counties is due to permanent
and enforceable reductions in emissions resulting from implementation
of the SIP, Federal measures, and other State-adopted measures.
In making this demonstration, the State has calculated the change
in emissions between 1999 and 2002, one of the years Greene and Jackson
Counties monitored attainment. The reduction in emissions and the
corresponding improvement in air quality over this time period can be
attributed to a number of regulatory control measures that Indiana has
implemented in recent years. Greene and Jackson Counties are both rural
and their air quality is significantly impacted by the transport of
ozone from upwind counties. Therefore, local controls as well as
controls implemented in upwind counties are relevant to the improvement
in air quality in both Greene and Jackson Counties.
a. Permanent and enforceable controls implemented.
The following is a discussion of permanent and enforceable measures
that have been implemented in the areas:
Reasonably Available Control Technology (RACT). Greene and Jackson
Counties were not previously required to be covered by RACT regulations
for existing sources under the CAA. However, Indiana has implemented
statewide RACT controls through the following regulations:
326 IAC 8-1-6 Best Available Control Technology (BACT) for some
Sources;
326 IAC 8-2 Surface Coating Emission Limitations;
326 IAC 8-3 Organic Solvent Degreasing Operations;
326 IAC 8-4 Petroleum Sources; and
326 IAC 8-5 Miscellaneous Operations
NOX rules. In compliance with EPA's NOX SIP
call, Indiana developed rules to control NOX emissions from
Electric Generating Units (EGUs), major non-EGU industrial boilers, and
major cement kilns. These rules required sources to begin reducing
NOX emissions in 2004, with emission reductions increasing
to 31 percent statewide by 2007. It should be noted that statewide
NOX emissions actually began to decline in 2002 as sources
phased in emission controls needed to comply with the State's
NOX emission control regulations. From 2004 on,
NOX emissions from EGUs are capped at a statewide total well
below pre-2002 levels. It should be noted that NOX emissions
are expected to further decline as the State meets the requirements of
EPA's Phase II NOX SIP call (69 FR 21604).
Federal Emission Control Measures. Reductions in VOC and
NOX emissions have occurred statewide as a result of Federal
emission control measures, with additional emission reductions expected
to occur in the future as additional emission controls are implemented.
Federal emission control measures have included: the National Low
Emission Vehicle (NLEV) program, Tier 2 emission standards for
vehicles, gasoline sulfur limits, and heavy-duty diesel engine
standards. In addition, in 2004, EPA issued the Clean Air Non-road
Diesel Rule (69 FR 38958). This rule will reduce off-road diesel
emissions through 2010, with emission reductions starting in 2008.
b. Emission Reductions
Indiana is using 1999 for the nonattainment inventory. Emissions
estimates were taken directly from the National Emissions Inventory
(NEI), with the following exceptions. Point source emissions
information was compiled from IDEM's 1999 annual emissions statement
database. Onroad emissions for Jackson county were calculated using
MOBILE 6.2.
For comparison, IDEM developed an inventory for 2002, one of the
years the area monitored attainment of the 8-hour NAAQS. The point
source sector information was compiled from IDEM's 2002 annual
emissions statement database and the 2002 EPA Air Markets acid rain
database. The area source sector information was taken from the Indiana
2002 periodic inventory submitted to EPA. These projections were made
from the U.S. Department of Commerce Bureau of Economic Analysis growth
factors with some updated local information. The nonroad sector
emission estimates were developed using NONROAD with the following
modifications. Emissions were estimated for two nonroad categories not
included in NONROAD, commercial marine vessels and railroads.
Recreational motorboat population and spatial surrogates (used to
assign emissions to each county) were updated. The populations for the
construction equipment category were reviewed and updated based upon
surveys completed in the Midwest and the temporal allocation for
agricultural sources was also updated. The onroad sector emissions were
calculated using MOBILE 6.2.
Based on the inventories described above, Indiana's submittal
documents changes in VOC and NOX emissions from 1999 to 2002
for Greene and Jackson Counties. IDEM also documented this information
for upwind areas in Southwest (Daviess, Dubois, Gibson, Knox, Martin,
Pike, Vanderburgh and Warrick Counties) and South central (Clark,
Floyd, Harrison, Jefferson and Scott Counties) Indiana. (We will refer
to these areas, collectively, as Southern Indiana.) Emissions data are
shown in Tables 3 through 7 below.
Table 3.--Total VOC and NOX Emissions for Nonattainment Year 1999 in Tons Per Summer Day (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Greene Jackson Southern Indiana
-----------------------------------------------------------------------------------------------
VOC NOX VOC NOX VOC NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 1.42 0.25 1.64 0.48 30.87 449.88
Area.................................................... 4.80 0.32 8.74 1.05 96.03 11.42
Nonroad................................................. 0.78 2.15 0.95 3.23 17.78 51.2
[[Page 69091]]
Onroad.................................................. 2.44 3.83 4.02 10.30 48.72 73.09
-----------------
Total............................................... 9.44 6.55 15.35 15.06 193.40 585.59
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4.--Total VOC and NOX Emissions for Nonattainment Year 2002 in Tons Per Summer Day (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Greene Jackson Southern Indiana
-----------------------------------------------------------------------------------------------
VOC NOX VOC NOX VOC NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 0.51 0.68 1.72 0.62 28.07 385.62
Area.................................................... 3.73 0.25 5.91 0.72 69.95 9.11
Nonroad................................................. 1.43 1.61 1.11 2.93 20.42 26.13
Onroad.................................................. 2.74 3.41 3.33 8.30 43.23 72.58
-----------------
Total............................................... 8.41 5.95 12.07 12.57 161.67 493.44
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5.--Comparison of 1999 and 2002 VOC and NOX Emissions for Greene County (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Sector Net change Net change
1999 2002 (1999-2002) 1999 2002 (1999-2002)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 1.42 0.51 -0.91 0.25 0.68 0.43
Area.................................................... 4.80 3.73 -1.07 0.32 0.25 -0.07
Nonroad................................................. 0.78 1.43 0.65 2.15 1.61 -0.54
Onroad.................................................. 2.44 2.74 0.30 3.83 3.41 -0.42
-----------------
Total............................................... 9.44 8.41 -1.03 6.55 5.95 -0.60
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 6.--Comparison of 1999 and 2002 VOC and NOX Emissions for Jackson County (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Sector Net change Net change
1999 2002 (1999-2002) 1999 2002 (1999-2002)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 1.64 1.72 0.08 0.48 0.62 0.14
Area.................................................... 8.74 5.91 -2.83 1.05 0.72 -0.33
Nonroad................................................. 0.95 1.11 0.16 3.23 2.93 -0.30
Onroad.................................................. 4.02 3.33 -0.69 10.30 8.30 -2.00
-----------------
Total............................................... 15.35 12.07 -3.28 15.06 12.57 -2.49
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 7.--Comparison of 1999 and 2002 VOC and NOX Emissions for Southwest Indiana (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Sector Net change Net change
1999 2002 (1999-2002) 1999 2002 (1999-2002)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 20.79 19.91 -0.88 324.31 274.99 -49.32
Area.................................................... 56.92 41.70 -15.22 7.03 5.55 -1.48
Nonroad................................................. 12.18 13.45 1.27 33.16 17.28 -15.88
Onroad.................................................. 28.93 23.97 -4.96 41.21 35.18 -6.03
-----------------
Total............................................... 118.82 99.03 -19.79 405.71 333.00 -72.71
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5 shows that Greene County reduced VOC emissions by 1.03 tpd
and NOX emissions by 0.60 tpd between 1999 and 2002. Table 6
shows that Jackson County reduced VOC emissions by 3.28 tpd and
NOX emissions by 2.49 tpd between 1999 and 2002. Table 7
shows that the upwind area in Southern Indiana reduced VOC emissions by
19.79 tpd and NOX emissions by 72.71 tpd between 1999 and
2002.
Based on the information summarized above, Indiana has adequately
demonstrated that the improvement in
[[Page 69092]]
air quality is due to permanent and enforceable emissions reductions.
4. The Area Has a Fully Approved Maintenance Plan Pursuant to Section
175a of the CAA. (Section 107(d)(3)(E)(iv))
In conjunction with its requests to redesignate the Greene County
and Jackson County nonattainment areas to attainment status, Indiana
submitted SIP revisions to provide for the maintenance of the 8-hour
ozone NAAQS in Greene and Jackson Counties for at least 10 years after
redesignation.
a. What Is Required in a Maintenance Plan?
Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after the
Administrator approves a redesignation to attainment. Eight years after
the redesignation, the State must submit a revised maintenance plan
which demonstrates that attainment will continue to be maintained for
ten years following the initial ten-year maintenance period. To address
the possibility of future NAAQS violations, the maintenance plan must
contain contingency measures with a schedule for implementation as EPA
deems necessary to assure prompt correction of any future 8-hour ozone
violations.
The September 4, 1992 John Calcagni memorandum provides additional
guidance on the content of a maintenance plan. An ozone maintenance
plan should address the following items: the attainment VOC and
NOX emissions inventories, a maintenance demonstration
showing maintenance for the ten years of the maintenance period, a
commitment to maintain the existing monitoring network, factors and
procedures to be used for verification of continued attainment of the
NAAQS, and a contingency plan to prevent or correct future violations
of the NAAQS.
b. Attainment Inventory
The State developed an inventory for 2002, one of the years the
area monitored attainment of the 8-hour NAAQS. Inventory methodology is
described in section 3 above. The attainment level of emissions are
summarized in Table 8 below.
Table 8.--VOC and NOX Emissions for Attainment Year 2002 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Greene County Jackson County Southern Indiana
-----------------------------------------------------------------------------------------------
VOC NOX VOC NOX VOC NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 0.51 0.68 1.72 0.62 19.91 274.99
Area.................................................... 3.73 0.25 5.91 0.72 41.70 5.55
Nonroad................................................. 1.43 1.61 1.11 2.93 13.45 17.28
Onroad.................................................. 2.74 3.41 3.33 8.30 23.97 35.18
-----------------
Total............................................... 8.41 5.95 12.07 12.57 99.03 333.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
c. Demonstration of Maintenance
As part of the redesignation requests, IDEM submitted revisions to
the 8-hour ozone SIPs to include 10-year maintenance plans as required
by section 175A of the Clean Air Act. For Greene County, this
demonstration shows maintenance of the 8-hour ozone standard by
assuring that current and future emissions of VOC and NOX
remain at or below attainment year emission levels. For Jackson County
this demonstration consists of a combination of emissions projections
and modeling. A maintenance demonstration need not be based on
modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v.
EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100
(October 19, 2001), 68 FR 25430-25432 (May 12, 2003).
Using the 2002 attainment inventory as the base year, IDEM
developed projected emissions inventories for 2010 and 2015. Onroad
mobile source emissions were projected using Mobile 6.2 in accordance
with ``Procedures for Preparing Emissions Projections,'' EPA-45/4-91-
019. Emissions for the point, area and nonroad sectors were projected
using growth and control files developed by the Midwest Regional
Planning Organization. This method was used to ensure that the
inventories used for redesignation are consistent with modeling
performed in the future. These emission estimates are presented in
Tables 9-11 below.
Table 9.--Comparison of 2002-2015 VOC and NOX Emissions for Greene County (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Sector Net change Net change
2002 2010 2015 2002-2015 2002 2010 2015 2002-2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 0.51 0.59 0.64 0.13 0.68 0.46 0.47 -0.21
Area.................................................... 3.73 4.33 4.74 1.01 0.25 0.27 0.27 0.02
Nonroad................................................. 1.43 1.14 0.94 -0.49 1.61 1.37 1.22 -0.39
Onroad.................................................. 2.74 1.81 1.33 -1.41 3.41 2.09 1.40 -2.01
-------------
Total............................................... 8.41 7.87 7.65 -0.76 5.95 4.19 3.36 -2.59
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 69093]]
Table 10.--Comparison of Total 2002-2015 VOC and NOX Emissions for Jackson County (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Sector Net change Net change
2002 2010 2015 2002-2015 2002 2010 2015 2002-2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 1.72 2.31 2.70 0.98 0.62 1.20 1.58 0.96
Area.................................................... 5.91 6.91 7.64 1.73 0.72 0.77 0.80 0.08
Nonroad................................................. 1.11 0.71 0.62 -0.49 2.93 2.27 1.91 -1.02
Onroad.................................................. 3.33 2.23 1.65 -1.68 8.30 5.10 3.03 -5.27
---------------------------------------------------------
Total............................................... 12.07 12.16 12.61 0.54 12.57 9.34 7.32 -5.25
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 11.--Comparison of 2002-2015 VOC and NOX Emissions for Southern Indiana (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Sector Net change Net change
2002 2010 2015 2002-2015 2002 2010 2015 2002-2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 19.91 24.21 29.08 9.17 274.99 108.22 109.60 -165.39
Area.................................................... 41.70 48.73 53.72 12.02 5.55 5.96 6.12 0.57
Nonroad................................................. 13.45 9.54 8.16 -5.29 17.28 13.69 10.89 -6.39
Onroad.................................................. 23.97 14.20 10.13 -13.84 35.18 20.15 11.91 -23.27
---------------------------------------------------------
Total............................................... 99.03 96.68 101.09 2.06 333.00 148.02 138.52 -194.48
--------------------------------------------------------------------------------------------------------------------------------------------------------
The emission projections show that in Greene County emissions are
not expected to exceed the level of the 2002 attainment year inventory
during the 10-year maintenance period. Greene County VOC and
NOX emissions are projected to decrease by 0.76 tpd and 2.59
tpd, respectively. In Jackson County, NOX emissions are
projected to decrease by 5.25 tpd. Although VOC emissions are projected
to increase by 0.54 tpd, total ozone precursors should decrease by 4.71
tpd. In addition, emissions in the upwind area of Southern Indiana are
projected to decrease by 194.48 tpd for NOX and increase by
2.06 tpd for VOC, a 192.42 tpd decrease in total ozone precursors.
Although VOC emissions are projected to increase slightly over the
maintenance period in Jackson County and in Southern Indiana, the
dramatic reduction in NOX emissions over the same time
period has been demonstrated, through modeling, to be more than
sufficient to maintain the standard. IDEM notes that available modeling
data demonstrate that Jackson and Greene Counties are significantly
impacted by ozone and ozone precursor transport and that NOX
emission reductions are significantly beneficial for reducing 8-hour
ozone concentrations in both counties. IDEM draws the following
conclusions from the various ozone modeling analyses that have
addressed the Midwest:
EPA modeling analysis for the Heavy Duty Engine rule. EPA conducted
modeling for Tier II vehicle and low-sulfur fuels to support the final
rulemaking for the Heavy Duty Engine (HDE) and Vehicle Standards and
Highway Diesel Fuel Rule. This modeling, in part, addressed ozone
levels in Indiana, including Greene and Jackson Counties. A base year
of 1996 was
