Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Delaware County to Attainment of the 8-Hour Ozone Standard, 69443-69455 [05-22696]
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69443
Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 17, 2006.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
approving Maryland’s attainment plan
for the Metropolitan Washington, DC
severe 1-hour ozone nonattainment area
and rescinding earlier final rules
starting sanctions clocks from may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Name of non-regulatory SIP
revision
Applicable geographic area
*
*
1-hour Ozone Attainment Plan
*
Washington DC 1–hour ozone
nonattainment area.
§ 52.1073
[Amended]
3. Section 52.1073 is amended by
removing and reserving paragraphs (f)
and (g).
I
[FR Doc. 05–22700 Filed 11–15–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[R05–OAR–2005–IN–0008; FRL–7997–8]
Determination of Attainment, Approval
and Promulgation of Implementation
Plans and Designation of Areas for Air
Quality Planning Purposes; Indiana;
Redesignation of Delaware County to
Attainment of the 8-Hour Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: On August 25, 2005, the State
of Indiana, through the Indiana
Department of Environmental
Management (IDEM), submitted: a
request for EPA approval of a
redesignation of Delaware County to
attainment of the 8-hour ozone National
Ambient Air Quality Standard
(NAAQS); and a request for EPA
approval of an Indiana State
Implementation Plan (SIP) revision
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State submittal
date
*
9/2/2003
2/24/2004
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I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(e) is amended by adding the entry for
1-hour Ozone Attainment Plan at the
end of the table to read as follows:
I
§ 52.1070
*
Identification of plan.
*
*
(e) * * *
EPA approval date
*
*
11/16/05 [Insert page number
where the document begins].
containing a 10-year ozone maintenance
plan for Delaware County. EPA is
approving the State’s requests.
EPA’s approval of the redesignation
request is based on the determination
that Delaware County and the State of
Indiana have met the criteria for
redesignation to attainment specified in
the Clean Air Act (CAA), including the
determination that Delaware County has
attained the 8-hour ozone standard. In
conjunction with the approval of the
redesignation request for Delaware
County, EPA is approving the State’s
plan to maintain the attainment of the
8-hour ozone NAAQS through 2015 in
this area as a revision to the Indiana SIP.
EPA is also approving the 2015 Volatile
Organic Compounds (VOC) and
Nitrogen Oxides (NOX) Motor Vehicle
Emissions Budgets (MVEBs) for this
area, as defined in the ozone
maintenance plan, for purposes of
transportation conformity.
DATES: This rule is effective on January
3, 2006, unless EPA receives adverse
written comments by December 16,
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–0008, by one of the following
methods:
PO 00000
Dated: November 8, 2005. Donald S.
Welsh,
Regional Administrator,
Region III.
*
*
Additional explanation
*
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Agency Web site: https://
docket.epa.gov/rmepub/. Regional 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 online instructions for submitting
comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 886–5824.
Mail: You may send written
comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
Hand delivery: Deliver your
comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
18th floor, Chicago, Illinois 60604. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 AM to 4:30 PM excluding
Federal holidays.
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Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations
Instructions: Direct your comments to
RME ID No. R05–OAR–2005–IN–0008.
EPA’s policy is that all comments
received will be included in the public
docket without change, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through 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.
Publicly available docket materials are
available either electronically in RME or
in hard copy at Environmental
Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. We
recommend that you telephone Edward
Doty, Environmental Scientist, at (312)
886–6057 before visiting the Region 5
office. This Facility is open from 8:30
AM to 4:30 PM, Monday through
Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Edward Doty, Environmental Scientist,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6057,
doty.edward@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
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‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. EPA’s Actions
A. What actions is EPA taking?
B. Do these actions apply to me?
C. What is the background for these
actions?
II. What Are the Criteria for Redesignation to
Attainment?
III. What Is the Effect of EPA’s Actions?
IV. What Is EPA’s Analysis of the State’s
Request?
V. Has Indiana Adopted Acceptable Motor
Vehicle Emissions Budgets for the End of
the 10-Year Maintenance Plan (for 2015)
Which Can Be Used to Support
Conformity Determinations?
A. How are the MVEBs developed and
what are the MVEBs for Delaware
County?
B. What is a safety margin?
C. Are the MVEBs approvable?
VI. Final Actions
VII. Statutory and Executive Order Reviews
I. EPA’s Actions
A. What actions is EPA taking?
EPA is taking several related actions.
EPA is determining that Delaware
County has attained the 8-hour ozone
NAAQS, and that it has met the
requirements for redesignation to
attainment of the 8-hour ozone NAAQS
under section 107(d)(3)(E) of the CAA.
EPA is, therefore, approving a request
from the State of Indiana to change the
designation of Delaware County from
nonattainment to attainment for the 8hour ozone NAAQS.
EPA is also approving Indiana’s ozone
maintenance plan for this area as a SIP
revision. The maintenance plan is
designed to keep Delaware County in
attainment of the 8-hour ozone NAAQS
for the next 10 years, through 2015. As
supported by and consistent with the
ozone maintenance plan, EPA is also
approving the 2015 VOC and NOX
MVEBs for Delaware County for
conformity purposes.
B. Do these actions apply to me?
These actions pertain to the
designation of Delaware County for the
8-hour ozone NAAQS and to the
emission controls related to attainment
and maintenance of the 8-hour ozone
NAAQS in this area. The emissions of
concern are VOC and NOX. If you own
or operate a VOC or NOX emissions
source in Delaware County or live in
this area, this final action may impact or
apply to you. It may also impact you if
you are involved in transportation
planning or implementation of emission
controls in this area.
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C. What is the background for these
actions?
EPA has determined that ground-level
ozone is detrimental to human health.
On July 18, 1997, the EPA promulgated
an 8-hour ozone NAAQS (62 FR 38856)
of 0.08 parts per million parts of air
(0.08 ppm) (80 parts per billion (ppb)).1
The 8-hour ozone standard replaces a
prior 1-hour ozone NAAQS, which was
promulgated on February 8, 1979 (44 FR
8202), and which was revoked on June
15, 2005. It should be noted that
ground-level ozone is not directly
emitted by sources. Rather, emitted NOX
and VOC react in the presence of
sunlight to form ground-level ozone
along with other secondary compounds.
NOX and VOC are referred to as ‘‘ozone
precursors.’’
The CAA required EPA to designate
as nonattainment any area that violated
the 8-hour ozone NAAQS based on the
three most recent years of air quality
data (2001–2003 ozone data were
considered for the initial 8-hour ozone
designations). The Federal Register
notice making these designations was
signed on April 15, 2004, and was
published on April 30, 2004 (69 FR
23857).
The CAA contains two sets of
provisions—subpart 1 and subpart 2—
that address planning and emission
control requirements for nonattainment
areas. (Both are found in title I, part D
of the CAA.) Subpart 1 contains general,
less prescriptive, requirements for
nonattainment areas for any pollutant,
including ozone, governed by a NAAQS,
and applies to all nonattainment areas.
Subpart 2 contains more specific
requirements for certain ozone
nonattainment areas, and applies to
ozone nonattainment areas classified
under section 181 of the CAA. Subpart
1 nonattainment areas, those areas not
classified under section 181 of the CAA,
are subject only to the provisions of
subpart 1. Subpart 2 nonattainment
areas, however, are subject to the
provisions of subpart 2, as well as to the
provisions of subpart 1 (many of the
requirements in subpart 1 are
superseded by the more-prescriptive
requirements of subpart 2).
In the April 30, 2004 designation
rulemaking, EPA divided 8-hour ozone
nonattainment areas into the categories
of subpart 1 nonattainment (basic
nonattainment areas) and subpart 2
nonattainment (classified nonattainment
1 This standard is violated in an area when any
ozone monitor in the area (or in its impacted
downwind environs) records 8-hour ozone
concentrations with an average of the annual
fourth-highest daily maximum 8-hour ozone
concentrations over a three year period equaling or
exceeding 85 ppb.
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areas) based on their 8-hour ozone
design values (i.e., the three-year
average annual fourth-highest daily
maximum 8-hour ozone concentrations
at the worst-case monitoring sites in the
designated areas) and their 1-hour ozone
design values (i.e., the fourth-highest
daily maximum 1-hour ozone
concentrations over the three-year
period at the worst-case monitoring sites
in the designated areas).2 8-hour ozone
nonattainment areas with 1-hour ozone
design values equaling or exceeding 121
ppb were designated as classified
nonattainment areas (as nonattainment
areas required to meet the requirements
of subpart 2 of the CAA). All other 8hour ozone nonattainment areas were
designated as basic nonattainment areas.
In the April 30, 2004 designation/
classification rulemaking, Delaware
County was designated as
nonattainment for the 8-hour ozone
standard, and was identified as a basic,
subpart 1 nonattainment area.3 This
designation was based on ozone data
collected in Delaware County during the
2001–2003 period.
On August 25, 2005, the State of
Indiana requested redesignation of
Delaware County to attainment for the
8-hour ozone NAAQS based on ozone
data collected during the 2002–2004
period. This redesignation request was
supplemented on October 20, 2005 with
a clarification of the State’s intent with
regard to the triggering of contingency
measures in the ozone maintenance
plan for Delaware County. Today’s final
rule addresses the ozone redesignation
request as modified.
II. What Are the Criteria for
Redesignation to Attainment?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) allows for redesignation to
attainment provided that: (1) The
Administrator determines that the area
has attained the applicable NAAQS; (2)
the Administrator has fully approved an
applicable SIP for the area under section
110(k) of the CAA; (3) the Administrator
determines that the improvement in air
quality is due to permanent and
2 The 8-hour ozone design value and 1-hour
ozone design value for each area were not
necessarily recorded at the same monitoring site.
The worst-case monitoring site for each
concentration averaging time was considered for
each area.
3 Because this area was not violating the 1-hour
ozone NAAQS, with a 1-hour ozone design value
at or above the 121 ppb cutoff at the time of the
promulgation of the 8-hour ozone designations and
classifications, EPA determined that this area
should be addressed through the less-prescriptive
requirements of subpart 1 of the CAA rather than
through the more-prescriptive requirements of
subpart 2 of the CAA.
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enforceable emissions reductions
resulting from implementation of the
applicable SIP, Federal air pollution
control regulations, and other
permanent and enforceable emissions
reductions; (4) the Administrator has
fully approved a maintenance plan for
the area as meeting the requirements of
section 175A of the CAA; and, (5) the
State containing the area has met all
requirements applicable to the area
under section 110 and part D of the
CAA.
EPA provided guidance on
redesignation in the General Preamble
for the Implementation of Title I of the
CAA Amendments of 1990 on April 16,
1992 (57 FR 13498), and supplemented
this guidance on April 29, 1992 (57 FR
13498). EPA provided further guidance
on processing redesignation requests in
the following documents:
Ozone and Carbon Monoxide Design
Value Calculations,’’ Memorandum
from Bill Laxton, June 18, 1990;
‘‘Maintenance Plans for Redesignation
of Ozone and Carbon Monoxide
Nonattainment Areas,’’ Memorandum
from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, April 30,
1992;
‘‘Contingency Measures for Ozone
and Carbon Monoxide (CO)
Redesignations,’’ Memorandum from
G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1,
1992;
‘‘Procedures for Processing Requests
to Redesignate Areas to Attainment,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, September 4, 1992;
‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean
Air Act (Act) Deadlines,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division, October
28, 1992; ‘‘Technical Support
Documents (TSD’s) for Redesignation of
Ozone and Carbon Monoxide
Nonattainment Areas,’’ Memorandum
from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, August 17,
1993;
‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) On or After
November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting
Assistant Administrator for Air and
Radiation, September 17, 1993;
‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone
and CO Nonattainment Areas,’’
Memorandum from D. Kent Berry,
PO 00000
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69445
Acting Director, Air Quality
Management Division, 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.
III. What Is the Effect of EPA’s Actions?
Approval of this redesignation request
would change the official designation of
Delaware County for the 8-hour ozone
NAAQS found at 40 CFR part 81 from
nonattainment to attainment. This final
rule would also incorporate into the
Indiana SIP a plan for maintaining the
8-hour ozone NAAQS in the area
through 2015. The maintenance plan
includes contingency measures to
remedy or prevent possible future
violations of the 8-hour ozone NAAQS,
and establishes MVEB’s of 3.50 tons per
day (tpd) for VOC and 4.82 tpd for NOX
for Delaware County.
IV. What Is EPA’s Analysis of the
State’s Request?
In this final rule, EPA: (1) Determines
that Delaware County has attained the 8hour ozone standard and approves the
redesignation of Delaware County to
attainment of the 8-hour ozone NAAQS;
and, (2) approves the ozone
maintenance plan and 2015 VOC and
NOX MVEBs for this area. The bases for
our determination and approvals are as
follows:
1. Delaware County Has Attained the 8Hour Ozone NAAQS
EPA has determined that Delaware
County has attained the 8-hour ozone
NAAQS. For ozone, an area may be
considered to be attaining the 8-hour
ozone NAAQS if there are no violations
of the NAAQS, as determined in
accordance with 40 CFR 50.10 and
Appendix I of 40 CFR part 50, based on
the most recent three complete,
consecutive calendar years of qualityassured air quality monitoring data at
any monitoring site in the area. To
attain this standard, the average of the
annual fourth-high daily maximum 8hour average ozone concentrations
recorded at each monitor (the
monitoring site’s ozone design value)
over the 3-year period must not exceed
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the ozone standard. Based on the
rounding convention described in 40
CFR part 50, Appendix I, the 8-hour
ozone standard is attained if the area’s
ozone design value (highest ozone
design value for all monitoring sites in
the area) is 84 ppb or lower. The data
must be collected and quality-assured in
accordance with 40 CFR part 58, and
recorded in EPA’s Aerometric
Information Retrieval System (AIRS).
The ozone monitors generally should
have remained at the same locations for
the duration of the monitoring period
required for demonstrating attainment
(for three years or more).
As part of the August 25, 2005 ozone
redesignation request, IDEM submitted
summarized ozone monitoring data
indicating the top four daily maximum
8-hour ozone concentrations for the sole
monitoring site in Delaware County,
Albany Elementary, for each year during
the 2001–2004 period. These ozone
concentrations have been qualityassured and are a subset of the qualityassured ozone data stored in EPA’s
AIRS. The annual fourth-high 8-hour
ozone monitoring concentrations and
the three-year average fourth-high 8hour ozone concentrations are
summarized in Table 1. Of particular
note is the three-year average for the
2002–2004 period, the air quality basis
for the determination of attainment for
Delaware County.
TABLE 1.—ANNUAL FOURTH-HIGH 8-HOUR OZONE CONCENTRATIONS AND THREE-YEAR AVERAGE FOURTH-HIGH 8-HOUR
OZONE CONCENTRATIONS IN DELAWARE COUNTY INDIANA, CONCENTRATIONS IN PPB
Site
Albany
Albany
Albany
Albany
Elementary
Elementary
Elementary
Elementary
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
These data show that the ozone
design value (average annual fourthhigh daily maximum 8-hour ozone
concentration over a three-year period)
for the only ozone monitoring site in
Delaware County during the 2002–2004
period is below the 85 ppb 8-hour ozone
standard violation cut-off. These data
support the conclusion that Delaware
County did not experience a monitored
violation of the 8-hour ozone standard
during the period of 2002–2004.
Preliminary data through September of
the 2005 ozone season show that
Delaware County continues to attain the
8-hour ozone standard.
EPA believes that the data submitted
by Indiana provide an adequate
demonstration that Delaware County
has attained the 8-hour ozone NAAQS.
Indiana has committed to continue
ozone monitoring in Delaware County.
IDEM commits to consult with the EPA
prior to making any changes in this
ozone monitoring.
2. Delaware County Has Met All
Applicable Requirements Under Section
110 and Part D of the CAA and the Area
Has a Fully Approved SIP Under
Section 110(k) of the CAA
We have determined that Indiana has
met all currently applicable SIP
requirements for purposes of
redesignation of Delaware County 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). See section 107(d)(3)(E)(v) of the
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CAA. In addition, we have determined
that the Indiana SIP is fully approved
with respect to requirements applicable
for purposes of redesignation. See
section 107(d)(3)(E)(ii) of the CAA. In
making these determinations, we have
ascertained what SIP requirements are
applicable to the area 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. We note that
SIPs must be fully approved only with
respect to currently applicable
requirements of the CAA.
a. Delaware County has 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 Shapiro
memorandum and 66 FR 12459, 12465–
12466 (March 7, 1995) (redesignation of
Detroit-Ann Arbor, Michigan to
attainment of the 1-hour ozone
NAAQS). Applicable requirements of
the CAA that come due subsequent to
the state’s submittal of a complete
request remain applicable until a
redesignation to attainment is approved,
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2001
2002
2003
2004
Fourth-high
8-hour
concentration
84
95
85
70
Three-year
average for
ending year
NA
NA
88
83
but are not required as a prerequisite to
redesignation. See section 175A(c) of
the CAA. Sierra Club v. EPA, 375 F.3d
537 (7th Cir. 2004). See also 68 FR
25424, 25427 (May 12, 2003)
(redesignation of the St. Louis/East St.
Louis area to attainment of the 1-hour
ozone NAAQS).
General SIP requirements: Section
110(a) of title I of the CAA contains the
general requirements for a SIP, which
include: enforceable emission
limitations and other emission control
measures, means, or techniques;
provisions for the establishment and
operation of appropriate devices
necessary to collect data on ambient air
quality; and programs to enforce the
emission limitations. General SIP
elements and requirements are
delineated in section 110(a)(2) of title I,
part A of the CAA. These requirements
and SIP elements include, but are not
limited to, the following: (a) Submittal
of a SIP that has been adopted by the
state after reasonable public notice and
a hearing; (b) provisions for
establishment and operation of
appropriate procedures needed to
monitor ambient air quality; (c)
implementation of a source permit
program; (d) provisions for
implementation of part C requirements
(Prevention of Significant Deterioration
(PSD)) and part D requirements (New
Source Review (NSR)) for new sources
or major source modifications; (e)
criteria for stationary source emission
control measures, monitoring, and
reporting; (f) provisions for air quality
modeling; and (g) provisions for public
and local agency participation.
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Section 110(a)(2)(D) of the CAA
requires that SIPs contain certain
measures to prevent sources in a state
from significantly contributing to air
quality problems in another state. To
implement this provision, EPA has
required certain states to establish
programs to address transport of air
pollutants (NOX SIP call, Clean Air
Interstate Rule (CAIR)). 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 desgination of any one particular
area in the state.
We believe that these requirements
should not be construed to be applicable
requirements for purposes of
redesignation. Further, we believe that
the other section 110 elements
described above that are not connected
with nonattainment plan submissions
and not linked with an area’s attainment
status are also not applicable
requirements for purposes of
redesignation. A state remains subject to
these requirements after an area is
redesignated to attainment. We
conclude that only the section 110 and
part D requirements which are linked
with a particular area’s designation and
classification are the relevant measures
in evaluating a redesignation request.
This approach is consistent with EPA’s
existing policy on applicability of
conformity and oxygenated fuels
requirements for redesignation
purposes, as well as with section 184
ozone transport requirements. See
Reading, Pennsylvania, proposed and
final rulemakings (61 FR 53174–53176,
October 10, 1996), (62 FR 24826, May 7,
1997); Cleveland-Akron-Loraine, Ohio,
final rulemaking (61 FR 20458, May 7,
1996); and Tampa, Florida, final
rulemaking (60 FR 62748, December 7,
1995). See also the discussion on this
issue in the Cincinnati ozone
redesignation (65 FR 37890, June 19,
2000), and the Pittsburgh ozone
redesignation (66 FR 50399, October 19,
2001).
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
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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 SIP 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
Delaware County redesignation request.
Subpart 1 of part D, found in sections
172–176 of the CAA, sets forth the basic
nonattainment area plan requirements
applicable to all nonattainment areas.
Because Delaware County is a subpart 1
8-hour ozone nonattainment area and is
not classified under subpart 2 of part D
of the CAA for the 8-hour ozone
standard, subpart 2 of part D of the CAA
does not apply to this area.
Part D, Subpart 1 applicable
requirements. For purposes of
evaluating this ozone redesignation
request, the applicable part D, subpart 1
SIP requirements for Delaware County
are contained in section 172 of the CAA.
A thorough discussion of the
requirements of section 172 can be
found in the General Preamble for
Implementation of Title I (57 FR 13498,
April 16, 1992).
No requirements applicable for
purposes of redesignation under part D
became due prior to submission of the
redesignation request, and, therefore,
none is applicable to the area for
purposes of redesignation. For example,
the requirement for an ozone attainment
demonstration to meet the requirement
of section 172(c)(1) is not yet applicable,
nor are the requirements for Reasonably
Available Control Measures (RACM)
and Reasonably Available Control
Technology (RACT) (section 172(c)(1)),
Reasonable Further Progress (RFP)
(section 172(c)(2)), and contingency
measures (section 172(c)(9)).
Since the State of Indiana has
submitted a complete ozone
redesignation request for Delaware
County prior to the deadline for any
submissions required for purposes of
redesignation, we have determined that
these requirements do not apply to
Delaware County for purposes of
redesignation.
Section 176 conformity requirements.
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that the Federallysupported and funded activities,
including highway projects, conform to
the air planning goals in the applicable
SIPs. The requirement to determine
conformity applies to transportation
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69447
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 believes that it is reasonable to
interpret the conformity SIP
requirements as not applying for
purposes of evaluating the ozone
redesignation request under section
107(d) of the CAA because state
conformity rules are still required after
redesignation of an area to attainment of
a NAAQS and Federal conformity rules
apply where state rules have not been
approved. See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001). See also 60 FR
62748 (December 7, 1995) (Tampa,
Florida).
Identification and Quantification of
Allowable Emissions for Major New or
Modified Stationary Sources. EPA has
also determined that areas being
redesignated need not comply with the
requirement that a NSR program be
approved prior to redesignation,
provided that the area demonstrates
maintenance of the standard without
part D NSR, since PSD requirements
will apply after redesignation. A more
detailed rationale for this view is
described in a memorandum from Mary
Nichols, Assistant Administrator for Air
and Radiation, dated October 14, 1994,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’ Indiana
has demonstrated that Delaware County
will be able to maintain the 8-hour
ozone 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 Delaware County upon
redesignation to attainment. See
rulemakings for Detroit, Michigan (60
FR 12467–12468, March 7, 1995);
Cleveland-Akron-Lorain, Ohio (61 FR
20458, 20469–20470, May 7, 1996);
Louisville, Kentucky (66 FR 53665,
October 23, 2001); Grand Rapids,
Michigan (61 FR 31834–31837, June 21,
1996). Thus, the area has satisfied all
applicable requirements for purposes of
redesignation under section 110 and
part D of the CAA.
b. Delaware County has a fully
approved SIP under section 110(k) of
the CAA. EPA has fully approved the
Indiana SIP for Delaware County under
section 110(k) of the CAA for all
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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 on 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 Delaware County for the 1hour ozone standard. No Delaware
County-related SIP provisions are
currently disapproved, conditionally
approved, or partially approved. As
indicated above, EPA believes that the
section 110 elements not connected
with nonattainment plan submissions
and not linked to the area’s
nonattainment status are not applicable
requirements for purposes of
redesignation. EPA 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 Air Quality Improvement in
Delaware County Is Due to Permanent
and Enforceable Reductions in
Emissions From Implementation of the
SIP and Applicable Federal Air
Pollution Control Regulations and Other
Permanent and Enforceable Emission
Reductions
EPA believes that the State of Indiana
has demonstrated that the observed air
quality improvement in Delaware
County is due to permanent and
enforceable reductions in emissions
resulting from the implementation of
the SIP, Federal measures, and other
state-adopted measures.
In making this demonstration, the
State has documented the changes in
VOC and NOX emissions for both
Delaware County and for nine Central
Indiana Counties (Boone, Hamilton,
Hancock, Hendricks, Johnson, Madison,
Marion, Morgan, and Shelby), whose
emissions are believed to substantially
impact the air quality in Delaware
County, for the years of 2000 and 2002.4
2000 is a year in which Delaware was
in violation of the 8-hour ozone
standard, and 2002 is the first year of
the three-year period in which Delaware
County attained the 8-hour ozone
standard.
A comparison of the VOC and NOX
emissions for Delaware County and the
Central Indiana Counties for 2000 and
2002 is summarized in Tables 2 and 3.
TABLE 2.—VOC EMISSIONS IN DELAWARE COUNTY AND CENTRAL INDIANA COUNTIES IN 2000 AND 2002 IN TONS PER
YEAR
County
2000
2002
Delaware ..................................................................................................................................................................
Boone .......................................................................................................................................................................
Hamilton ...................................................................................................................................................................
Hancock ...................................................................................................................................................................
Hendricks .................................................................................................................................................................
Johnson ...................................................................................................................................................................
Madison ...................................................................................................................................................................
Marion ......................................................................................................................................................................
Morgan .....................................................................................................................................................................
Shelby ......................................................................................................................................................................
396
22
197
319
45
1,006
414
3,115
37
859
300
9
148
178
37
494
485
2,100
112
914
Totals ................................................................................................................................................................
6,410
4,777
TABLE 3.—NOX EMISSIONS IN DELAWARE COUNTY AND CENTRAL INDIANA COUNTIES IN 2000 AND 2002 IN TONS PER
YEAR
County
2000
2002
Delaware ..................................................................................................................................................................
Boone .......................................................................................................................................................................
Hamilton ...................................................................................................................................................................
Hancock ...................................................................................................................................................................
Hendricks .................................................................................................................................................................
Johnson ...................................................................................................................................................................
Madison ...................................................................................................................................................................
Marion ......................................................................................................................................................................
Morgan .....................................................................................................................................................................
Shelby ......................................................................................................................................................................
300
0
2155
84
124
10
434
12718
4603
2681
186
0
1193
58
2
8
326
12056
4743
1591
Totals ................................................................................................................................................................
23109
20163
In the above tables, the most relevant
emissions are those for Delaware
County. These data show that the local
VOC and NOX emissions have declined
between 2000, a year preceding the
2001–2003 violation period with
emissions indicative of the emissions at
the start of the ozone violation period,
and 2002, one of the years in the threeyear attainment period.
The Central Indiana Counties are
generally upwind of Delaware County
4 Emissions data for years after 2002 are not
available for all sources. Note that 2002 is part of
the three-year period in which Delaware County has
attained the 8-hour ozone standard, and, therefore,
can be considered to be an attainment year for
purposes of demonstrating the connection between
emissions and the improvement in air quality and
for demonstrating maintenance of the 8-hour ozone
standard.
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on high-ozone days. The cumulative
VOC and NOX emissions reductions in
these Counties have contributed to the
observed air quality improvement in
Delaware County. Past ozone data
analyses and ozone modeling conducted
by the States in the Lake Michigan Air
Directors Consortium (LADCO) have
demonstrated that peak ozone levels
throughout the Upper Midwest are
significantly impacted by pollutant
transport from upwind areas. Therefore,
regional emissions reductions are
assumed to have contributed to the air
quality improvement in Delaware
County.
IDEM notes that the NOX emissions in
this area (Delaware County and the
Central Indiana Counties) are decreasing
primarily in response to national
emission control programs affecting all
Electric Generating Units (EGUs),
including the acid rain control program
and the NOX SIP call. The VOC
reduction in Delaware County is due to
a plant closure, which IDEM considers
to be permanent and enforceable. The
VOC emissions reduction in Marion
County is primarily due to mobile
source emission controls, including the
Federal Motor Vehicle Emissions
Control Program, and to implementation
of emission controls on stationary
sources.
Emission Control Measures
Implemented in Delaware County
To support the conclusion that the air
quality improvement in Delaware
County is due to permanent and
enforceable emission reductions, IDEM
documented the emission controls that
have been implemented in Delaware
County and in nearby, upwind
Counties. The following discusses the
emission controls that have been
implemented in this area:
a. Reasonably Available Control
Technology (RACT). IDEM notes that
Delaware County was not previously
required to be covered by RACT rules
for existing sources under the CAA.
Statewide RACT rules, however, have
been required by Indiana and
implemented through the following
RACT rules:
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;
326 IAC 8–5 Miscellaneous
Operations;
326 IAC 8–6 Organic Solvent
Emission Limitations;
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326 IAC 8–8.1 Landfill Emission
Controls; and,
326 IAC 8–10 Auto Body
Refinishing.
b. NOX Rules. Under EPA’s NOX SIP
call, Indiana was required to adopt and
implement NOX emission control
requirements for EGUs, industrial
boilers, and cement kilns. Indiana has
adopted the required emission control
rules. Emission reductions resulting
from these rules were required to begin
in 2004, and should ultimately reduce
NOX emissions by 31 percent statewide,
with the emission reductions increasing
through 2007. Note 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. As noted below, NOX emissions
are expected to decline further as the
State meets the requirements of EPA’s
Phase II NOX SIP call.
c. 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. The
Federal emission control measures have
included: (1) National low emission
vehicle standards; (2) Tier II emission
standards for vehicles; (3) gasoline
sulfur limits; and, (4) heavy-duty diesel
engine standards. In addition, in 2004,
EPA issued the Clean Air Non-road
Diesel Rule. This rule will reduce offroad diesel emissions through 2010,
with emission reductions starting in
2008.
Based on the information summarized
above, we conclude that Indiana has
adequately demonstrated that emissions
have declined between 2000 and 2002
in Delaware County and in its upwind
counties as a result of permanent and
enforceable emission controls. Available
ozone modeling (see the discussion of
available ozone modeling in the section
addressing the ozone maintenance plan
below) shows that local VOC emission
reductions and regional NOX emission
reductions lead to lower ozone levels in
this area. Based on this observation and
the documentation of the emission
reductions between 2000 and 2002, we
conclude that the VOC and NOX
emission reductions that occurred
between 2000 and 2002 have
contributed to the reduction in peak
ozone levels that have been observed in
Delaware County between the periods of
2001–2003 and 2002–2004.
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69449
4. Delaware County Has a Fully
Approvable Ozone Maintenance Plan
Pursuant to Section 175A of the CAA
In conjunction with the request for
the redesignation of Delaware County to
attainment of the 8-hour ozone NAAQS,
IDEM submitted a requested SIP
revision to provide for maintenance of
the 8-hour ozone NAAQS in Delaware
County for at least 10 years after the
redesignation of this area to attainment
of the NAAQS, through 2015.
a. What Is Required in an Ozone
Maintenance Plan?
Section 175A of the CAA sets forth
the required elements of maintenance
plans for areas seeking redesignation
from nonattainment to attainment.
Under section 175A, a maintenance
plan must demonstrate continued
attainment of the applicable NAAQS for
at least ten years after the Administrator
approves the redesignation to
attainment. The State must submit a
revised maintenance plan eight years
after the redesignation 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 8-hour ozone maintenance plan
must contain contingency measures,
with a schedule for implementation, as
EPA deems necessary, to assure prompt
correction of any future ozone standard
violation.
The September 4, 1992 John Calcagni
memorandum provides additional
guidance on the content of maintenance
plans. An ozone maintenance plan
should address the following items: (1)
The attainment VOC and NOX emissions
inventories; (2) a maintenance
demonstration showing maintenance for
the ten years of the maintenance period;
(3) a commitment to maintain the
existing monitoring network; (4) factors
and procedures to be used for
verification of continued attainment of
the NAAQS; and,
(5) a contingency plan to prevent or
correct future violations of the NAAQS.
b. Attainment Emissions Inventories
IDEM prepared and documented
comprehensive VOC and NOX emissions
inventories for Delaware County and the
Central Indiana Counties for 2002, the
base/attainment year. These emissions
include point (significant stationary
sources), area (smaller stationary
sources and widely-distributed sources),
mobile on-road, and mobile non-road
sources.
To develop the attainment year
emissions inventories, IDEM used the
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following approaches and sources of
data:
Area Sources—Area source VOC and
NOX emissions were taken from the
Indiana 2002 periodic emissions
inventory, which was previously
submitted to the EPA. The area source
emission estimates were derived using
United States Department of Commerce
Bureau of Economic Analysis (BEA)
growth factors to project emissions to
2002 from prior years.
Mobile On-Road Sources—Mobile onroad emissions were calculated using
MOBILE6 emission factors. Traffic data
(vehicle miles traveled, vehicle speeds,
and vehicle type and age distributions)
for 2002 were calculated using the travel
demand model and post-processor
provided by the Delaware-Muncie
Municipal Planning Commission
(DMMPC). IDEM has provided detailed
data summaries to document the
calculation of mobile on-road VOC and
NOX emissions for 2002, as well as for
the projection years of 2010 and 2015
(further discussed below).
Point Source Emissions—2002 point
source emissions were compiled from
IDEM’s 2002 annual emissions
statement database and from the 2002
EPA Air Markets acid rain emissions
inventory database.
Mobile Non-Road Emissions—Nonroad mobile source emissions were
generated by the EPA and documented
in the 2002 National Emissions
Inventory (NEI). In addition to the data
taken from the NEI, IDEM also
considered updated and revised
emissions obtained from LADCO. IDEM
also used data supplied by LADCO
contractors to determine and assign
emissions by county for railroads,
recreational motorboats, and
construction equipment. The emissions
from construction equipment were
revised based on surveys completed in
the Midwest.
The 2002 attainment year VOC and
NOX emissions for Delaware County are
summarized along with the 2010 and
2015 projected emissions for Delaware
County in Table 4 below. It is our
conclusion that the State has adequately
derived and documented the attainment
year VOC and NOX emissions for this
area.
c. Demonstration of Maintenance
As part of its August 25, 2005 ozone
redesignation request submittal, IDEM
requested revision of the SIP to include
a 10-year ozone maintenance plan as
required by section 175A of the CAA.
This submission shows maintenance of
the 8-hour ozone NAAQS by
demonstrating that current and future
emissions of VOC and NOX remain at or
below the attainment year emissions
levels.5 Note that a maintenance
demonstration may be based on
projected emissions and need not be
based on ozone modeling. See Wall v.
EPA, 265 F.3d 426 (6th Cir. 2001), Sierra
Club v. EPA, 375 F.3d 537 (7th Cir.
2004). See also 66 FR 53094, 53099–
53100 (October 19, 2001) and 68 FR
25430–25432 (May 12, 2003).
Table 4 summarizes the VOC and
NOX emissions for Delaware County for
2002, 2010, and 2015 in Tons Per
Summer Day (TPSD). IDEM chose 2010
as an interim year in the 10-year
maintenance demonstration period to
show that the VOC and NOX emissions
are not projected to increase above the
2002 attainment levels in the middle of
the 10-year period.
TABLE 4.—ATTAINMENT YEAR (2002) AND PROJECTED VOC AND NOX EMISSIONS IN DELAWARE COUNTY (TPSD)
VOC
NOX
Source sector
2002
2010
2015
2002
2010
2015
Point .........................................................
Area ..........................................................
On-Road ...................................................
Non-Road .................................................
0.83
9.79
8.19
9.23
1.00
11.48
4.69
5.43
1.17
12.67
3.33
5.28
0.35
1.43
13.89
4.11
0.37
1.54
7.66
3.29
0.39
1.58
4.59
2.74
Total ..................................................
28.04
22.60
22.45
19.78
12.86
9.30
The emission projections show that in
Delaware County, emissions are not
expected to exceed the levels of the
2002 attainment year inventory during
the 10-year maintenance period.
Delaware County VOC and NOX
emissions are projected to decrease by
5.59 TPSD and 10.48 TPSD,
respectively, between 2002 and 2015.
Emission control measures to remain
in effect. Indiana commits to maintain
the implemented emission control
measures after redesignation of
Delaware County to attainment of the 8hour ozone NAAQS. Any revisions to
emission control regulations and
emission limits will be submitted to the
EPA for approval as SIP revisions.
Modeling support for the impact of
emission changes on air quality and
further improvements in air quality.
IDEM notes that, although ozone
modeling is not required to support
ozone redesignation requests, a
significant amount of ozone modeling
data exist that support the connection
between emission reductions and air
quality improvement, including ozone
modeling data that support a
demonstration of maintenance for
Delaware County. IDEM notes that the
available ozone modeling data
demonstrate that Delaware County is
significantly impacted by ozone and
ozone precursor transport and that
regional NOX emission reductions are
significantly beneficial for reducing 8-
hour ozone concentrations in Delaware
County.
IDEM draws the following
conclusions from the various ozone
modeling analyses that have addressed
the Midwest:
i. EPA Modeling Analyses for the
Heavy Duty Engine Rule. EPA
conducted ozone modeling for the Tier
II vehicles and low-sulfur fuels to
support the final rulemaking for the
Heavy Duty Engine (HDE) standards and
highway diesel fuel rule (Tier II/Low
Sulfur Fuel Rule). This modeling, in
part, addressed ozone levels in
Delaware County and the Central
Indiana Counties. A base year of 1996
was modeled, and impacts of fuel
changes and the NOX SIP call were
5 The attainment year can be any year of the three
consecutive years where the area has recorded clean
air quality data (2002, 2003, or 2004 for Delaware
County). 2002 is the recommended base year for
ozone attainment and rate-of-progress
demonstrations, as discussed in a November 18,
2002 memorandum, ‘‘2002 Base Year Emission
Inventory SIP planning: 8-hr Ozone, PM2.5 and
Regional Haze Programs,’’ from Lydia N. Wegman,
Director, Air Quality Strategies and Standards
Division, Office of Air Quality Planning and
Standards. As noted here, Indiana chose to use 2002
as the attainment year because the State was already
preparing emissions for this year to prepare the base
year emissions inventory.
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modeled using high ozone episodes in
1995. The modeling supports the
conclusion that the fuel improvements
and the NOX SIP call should result in
significant ozone improvements (lower
projected ozone concentrations) in
Delaware County and in the Central
Indiana Counties. Using the modeling
results to determine Relative Reduction
Factors (RRFs)6 and considering the
2001–2003 ozone design value (88 ppb)
for the Albany Elementary monitoring
site, IDEM projected the 2007 ozone
design value for the Albany Elementary
monitor to be 81.4 ppb. Therefore, the
NOX SIP call and fuel modifications
considered in the ozone modeling were
found to significantly improve the
ozone levels in Delaware County.
ii. LADCO Modeling Analysis for the
8-Hour Ozone Standard Assessment.
LADCO has performed ozone modeling
to evaluate the effects of the NOX SIP
call and Tier II/Low Sulfur Fuel Rule on
2007 ozone levels in the Lake Michigan
area, which includes Delaware County
and the Central Indiana Counties. Like
the EPA modeling discussed above, this
modeling indicates that the ozone
design value for the Albany Elementary
monitoring site would be significantly
reduced by 2007 as the result of
implementing the NOX SIP call and the
Tier II/Low Sulfur Fuel Rule.
The modeling results indicate that
ozone levels will continue to drop in
Delaware County as the modeled
emission control programs are
implemented. It should be noted that
the improved air quality resulting from
the existing Federal rules will be
supplemented by additional emission
reductions resulting from the
implementation of the Clean Air
Interstate Rule (CAIR) promulgated by
the EPA on March 10, 2005, 70 FR
25161. CAIR is expected to further
reduce the transport of NOX and ozone
into Delaware County as the result of
decreased NOX emissions outside of
Delaware County.
d. Monitoring Network
Indiana currently operates one ozone
monitor in Delaware County. IDEM has
committed to continue operating and
maintaining an approved ozone monitor
in Delaware County.
6 Relative Reduction Factors are fractional
changes in peak ozone concentrations projected to
occur as the result of changes in ozone precursor
emissions resulting from the implementation of
emission control strategies. Relative Reduction
Factors derived through the ozone modeling area
applied to monitored peak ozone concentrations to
project post-control peak ozone levels.
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e. Verification of Continued Attainment
Continued attainment of the ozone
NAAQS in Delaware County depends,
in part, on the State’s tracking of
indicators of continued attainment
during the maintenance period. The
State’s plan for verifying continued
attainment of the 8-hour standard in
Delaware County 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
Delaware County 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
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 a
contingency plan for Delaware County
to address a possible future ozone air
quality problem. The contingency plan
adopted by Indiana has two levels of
responses, depending on whether a
violation of the 8-hour ozone standard
is only threatened (Warning Level) or is
imminent or has occurred (Action
Level).
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A Warning Level response will occur
when an annual (1-year) fourth-high
monitored daily peak 8-hour ozone
concentration of 88 ppb or higher is
monitored in a single ozone season at
any monitor within the ozone
maintenance area. A Warning Level
response will consist of Indiana
performing a study to determine
whether the high ozone concentration
indicates a trend toward high ozone
levels or whether emissions are
increasing. If a trend toward higher
ozone concentrations exists and is likely
to continue, the emissions control
measures necessary to reverse the trend
will be determined, taking into
consideration ease and timing of
implementation, as well as economic
and social considerations. The study,
including applicable recommended next
steps, will be completed within 12
months from the close of the ozone
season with the recorded high ozone
concentration. If emission controls are
needed to reverse the adverse ozone
trend, the procedures for emission
control selection under the Action Level
response will be followed.
An Action Level response will occur
when a two-year average annual fourthhigh monitored daily peak 8-hour ozone
concentration of 85 ppb or greater
occurs at any monitor in the ozone
maintenance area or when a violation of
the 8-hour ozone standard occurs at any
monitor in the ozone maintenance area
(Delaware County).7 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
7 On October 20, 2005, IDEM submitted a letter
which verified the State’s intent to activate an
Action Level response in the event of a violation
of the 8-hour ozone NAAQS in several areas,
including Delaware County. The ozone
maintenance plan submitted on August 25, 2005
could be interpreted to require an Action Level
response only in the event that the average annual
fourth-high daily maximum 8-hour ozone
concentration equaled 85 ppb. Therefore, a
violation of the 8-hour ozone standard would
theoretically not have triggered an Action Level
response under certain circumstances. The October
20, 2005 submittal rectified this potential problem.
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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 are
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 non-federal
control measure relied upon in lieu of
a contingency measure will be adopted
by the State for inclusion in the State
SIP and will be submitted to EPA for
approval as a revision of 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;
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 Measures (TCMs) 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;
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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 the emission
offset required for new sources; and,
xii. VOC or NOX emission controls on
new minor sources (with VOC or NOX
emissions less than 100 tons per year).
g. Provisions for Future Updates of the
Ozone Maintenance Plan
As required by section 175A(b) of the
CAA, Indiana commits to submit to the
EPA an update of the ozone
maintenance plan eight years after
redesignation of Delaware County to
cover an additional 10-year period
beyond the initial 10-year maintenance
period.
EPA has concluded that the
maintenance plan adequately addresses
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 revision submitted by Indiana
for Delaware County meets the
requirements of section 175A of the
CAA, and, therefore is approved.
V. Has Indiana Adopted Acceptable
Motor Vehicle Emissions Budgets
(MVEBs) for the End of the 10-Year
Maintenance Plan (for 2015) Which Can
Be Used To Support Conformity
Determinations?
A. How are MVEBs developed and what
are the MVEBs for Delaware County?
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 on-road mobile source
emissions for criteria pollutants and/or
their precursors to address pollution
from cars and trucks. The MVEBs are
the portions of the total allowable
emissions that are allocated to highway
and transit vehicle use that, together
with emissions from other sources in
the area, will provide for attainment or
maintenance.
Under 40 CFR part 93, a MVEB for an
area seeking a redesignation to
attainment is established for the last
year of the maintenance plan. The
MVEB serves as a ceiling on emissions
from an area’s planned transportation
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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
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) making a
finding of adequacy. The process of
determining the adequacy of submitted
SIP MVEBs was initially outlined in
EPA’s May 14, 1999 guidance,
‘‘Conformity Guidance on
Implementation of March 2, 1999,
Conformity Court Decision.’’ This
guidance was finalized in the
Transportation Conformity Rule
Amendments for the ‘‘New 8-Hour
Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous
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
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rulemaking in making its adequacy
determinations.
Delaware County’s 10-year
maintenance plan submission contains
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 Delaware County
closed on September 1, 2005. No
requests for this submittal or adverse
comments on this submittal were
received during the adequacy comment
period. On November 7, 2005, EPA
informed the State of Indiana, through
a letter, that the 2015 MVEBs are
adequate for the purposes of
transportation conformity analyses.
EPA, through this rulemaking, is
approving the MVEBs for use to
determine transportation conformity in
Delaware County because EPA has
determined that the area can maintain
attainment of the 8-hour ozone NAAQS
for the relevant 10-year period with
mobile source emissions at the levels of
the MVEBs. IDEM has determined the
2015 MVEBs for Delaware County to be
3.50 tpd for VOC and 4.82 tpd for NOX.
It should be noted that these MVEBs
exceed the on-road mobile source VOC
and NOX emissions projected by IDEM
for 2015, as summarized in Table 4
above (‘‘on-road’’ source sector). IDEM
decided to include safety margins
(described further below) of 0.17 tpd of
VOC and 0.23 tpd for NOX in the
MVEBs to provide for mobile source
growth. Indiana has demonstrated that
Delaware County can maintain the 8hour ozone NAAQS with mobile source
emissions of 3.50 tpd of VOC and 4.82
tpd of NOX in 2015, including the
allocated safety margins, since
emissions will still remain under
attainment year emission levels.
B. What is a safety margin?
A ‘‘safety margin’’ is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. As
noted in Table 4, Delaware County VOC
and NOX emissions are projected to
have safety margins of 5.59 tpd for VOC
and 10.48 tpd for NOX in 2015 (the
difference between the attainment year,
2002, emissions and the 2015 emissions
for all sources in Delaware County).
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.
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The MVEBs requested by IDEM
contain safety margins for mobile
sources significantly smaller than the
allowable safety margins reflected in the
total emissions for Delaware County.
The State is not requesting allocation of
the entire available safety margins
reflected in the demonstration of
maintenance. Therefore, even though
the State is requesting MVEBs that
exceed the on-road mobile source
emissions for 2015 contained in the
demonstration of maintenance, the
increase in on-road mobile source
emissions that can be considered for
transportation conformity purposes is
well within the safety margins of the
ozone maintenance demonstration.
Further, once allocated to mobile
sources, these safety margins will not be
available for use by other sources.
C. Are the MVEBs approvable?
The VOC and NOX MVEBs for
Delaware County are approvable
because they maintain the total
emissions for Delaware County at or
below the attainment year inventory
levels, as required by the transportation
conformity regulations.
VI. Final Actions
EPA is making a determination that
Delaware County has attained the 8hour ozone NAAQS, and EPA is
approving the redesignation of Delaware
County from nonattainment to
attainment for the 8-hour ozone
NAAQS. After evaluating Indiana’s
redesignation request, EPA has
determined that it meets the
redesignation criteria set forth in section
107(d)(3)(E) of the CAA. The final
approval of this redesignation request
would change the official designation
for Delaware County from
nonattainment to attainment for the 8hour ozone standard.
EPA is also approving the
maintenance plan SIP revision for
Delaware County. Approval of the
maintenance plan is based on Indiana’s
demonstration that the plan meets 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 request.
We are publishing these actions
without prior proposal because we view
these actions as non-controversial 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
State plan if relevant adverse written
comments are filed. This rule will be
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69453
effective January 3, 2006 without further
notice unless we receive relevant
adverse written comments by December
16, 2005. If we receive such comments,
we will publish a timely withdrawal of
the action, informing the public that the
rule will not take effect. EPA will
respond to the public comments in a
subsequent final rule based on the
proposed action. 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 January 3, 2006.
VII. Statutory and Executive Order
Reviews
Executive Order 12866; Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget.
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant energy
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
Regulatory Flexibility Act
This 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).
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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
(59 FR 22951, November 9, 2000).
Executive Order 13132 Federalism
This action also does not have
federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). Redesignation is an
action that merely affects the status of
a geographical area, 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.
National Technology Transfer
Advancement Act
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the state to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Redesignation is an
action that affects the status of a
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geographical area and 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.).
Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. section 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 17, 2006.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
40 CFR Part 81
Air pollution control, Environmental
protection, National parks, Wilderness
areas.
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Dated: November 9, 2005.
Margaret Guerriero,
Acting Regional Administrator, Region 5.
Parts 52 and 81, chapter I, title 40 of
the Code of Federal Regulations is
amended as follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues 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 (cc) to read as follows:
I
§ 52.777 Control strategy: photochemical
oxidants (hydrocarbons).
*
*
*
*
*
(cc) Approval—On August 25, 2005,
Indiana submitted a request to
redesignate Delaware County to
attainment of the 8-hour ozone National
Ambient Air Quality Standard. This
request was supplemented with a
submittal dated October 20, 2005. As
part of the redesignation request, the
State submitted a maintenance plan as
required by section 175A of the Clean
Air Act. Elements of the section 175
maintenance plan include a contingency
plan and an obligation to submit a
subsequent maintenance plan revision
in 8 years as required by the Clean Air
Act. Also included were motor vehicle
emission budgets for use to determine
transportation conformity in Delaware
County. The 2015 motor vehicle
emission budgets for Delaware County
are 3.50 tons per day for VOC and 4.82
tons per day for NOX.
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. Section 81.315 is amended by
revising the entry for Muncie, IN:
Delaware County in the table entitled
‘‘Indiana Ozone (8–Hour Standard)’’ to
read as follows:
I
§ 81.315
*
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Indiana.
*
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INDIANA OZONE
[8-Hour standard]
Designationa
Classification
Designated area
Date1
*
*
*
Muncie, IN: ..............................................................................
Delaware County .....................................................................
*
*
*
Type
*
1/3/06
Date1
Type
*
Attainment ..............................
*
........................
*
........................
*
*
*
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
[FR Doc. 05–22696 Filed 11–15–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[VA139–5073a; FRL–7997–6]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants,
Commonwealth of Virginia; Control of
Emissions From Hospital/Medical/
Infectious Waste Incinerator Units;
Correction
Environmental Protection
Agency (EPA).
ACTION: Direct final rule; correcting
amendment.
AGENCY:
SUMMARY: This document corrects an
error in the rule Summary language of
a final rule pertaining to EPA’s approval
of the Commonwealth of Virginia
hospital/medical/infectious waste
incinerator (HMIWI) section 111(d)/129
plan submitted by the Virginia
Department of Environmental Quality
(DEQ).
DATES: Effective November 16, 2005.
FOR FURTHER INFORMATION CONTACT:
James B. Topsale, at (215) 814–2190 or
by e-mail at
topsale.jim@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ or ‘‘our’’ are used we mean EPA.
On September 10, 2004 (69 FR 54753),
we published a final rulemaking action
announcing our approval of the
Commonwealth of Virginia hospital/
medical/infectious waste incinerator
(HMIWI) section 111(d)/129 plan. In
that document, we inadvertently
included language relating to
commercial and industrial solid waste
incinerator units in the rule Summary.
The intent of the rule Summary was to
briefly describe the applicability and
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14:53 Nov 15, 2005
Jkt 208001
scope of the rule. This action corrects
the erroneous language.
In rule document 04–20429 published
in the Federal Register on September
10, 2004 (69 FR 54753), on page 54753
of the Summary, first column, revise the
third sentence to read, ‘‘The plan
establishes emission limits, monitoring,
operating, and recordkeeping
requirements for HMIWI units for which
construction commenced on or before
June 20, 1996.’’ This revision is
consistent with the promulgated
Identification of Sources Provision,
section 62.11626, of the noted rule and
the related emissions guidelines under
40 CFR part 60, subpart Ce.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. We
have determined that there is good
cause for making today’s rule final
without prior proposal and opportunity
for comment because we are merely
correcting an incorrect citation in a
previous action. Thus, notice and public
procedure are unnecessary. We find that
this constitutes good cause under 5
U.S.C. 553(b)(B).
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866
(58 FR 51735, October 4, 1993), this
action is not a ‘‘significant regulatory
action’’ and is therefore not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 Fed. Reg.
28355 (May 22, 2001)). Because the
agency has made a ‘‘good cause’’ finding
that this action is not subject to noticeand-comment requirements under the
Administrative Procedures Act or any
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other statute as indicated in the
SUPPLEMENTARY INFORMATION section
above, it is not subject to the regulatory
flexibility provisions of the Regulatory
Flexibility Act (5 U.S.C 601 et seq.), or
to sections 202 and 205 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(Pub. L. 104–4). In addition, this action
does not significantly or uniquely affect
small governments or impose a
significant intergovernmental mandate,
as described in sections 203 and 204 of
UMRA. This rule also does 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), nor
will it 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 governments, as specified by
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant.
This technical correction action does
not involve technical standards; 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. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
E:\FR\FM\16NOR1.SGM
16NOR1
]]>Agencies
[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Rules and Regulations]
[Pages 69443-69455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22696]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R05-OAR-2005-IN-0008; FRL-7997-8]
Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Indiana; Redesignation of Delaware County to Attainment of
the 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On August 25, 2005, the State of Indiana, through the Indiana
Department of Environmental Management (IDEM), submitted: a request for
EPA approval of a redesignation of Delaware County to attainment of the
8-hour ozone National Ambient Air Quality Standard (NAAQS); and a
request for EPA approval of an Indiana State Implementation Plan (SIP)
revision containing a 10-year ozone maintenance plan for Delaware
County. EPA is approving the State's requests.
EPA's approval of the redesignation request is based on the
determination that Delaware County and the State of Indiana have met
the criteria for redesignation to attainment specified in the Clean Air
Act (CAA), including the determination that Delaware County has
attained the 8-hour ozone standard. In conjunction with the approval of
the redesignation request for Delaware County, EPA is approving the
State's plan to maintain the attainment of the 8-hour ozone NAAQS
through 2015 in this area as a revision to the Indiana SIP. EPA is also
approving the 2015 Volatile Organic Compounds (VOC) and Nitrogen Oxides
(NOX) Motor Vehicle Emissions Budgets (MVEBs) for this area,
as defined in the ozone maintenance plan, for purposes of
transportation conformity.
DATES: This rule is effective on January 3, 2006, unless EPA receives
adverse written comments by December 16, 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-0008, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: https://docket.epa.gov/rmepub/. Regional RME, EPA's
electronic public docket and comments system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 886-5824.
Mail: You may send written comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 AM to 4:30 PM
excluding Federal holidays.
[[Page 69444]]
Instructions: Direct your comments to RME ID No. R05-OAR-2005-IN-
0008. EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through 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. Publicly
available docket materials are available either electronically in RME
or in hard copy at Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
We recommend that you telephone Edward Doty, Environmental Scientist,
at (312) 886-6057 before visiting the Region 5 office. This Facility is
open from 8:30 AM to 4:30 PM, Monday through Friday, excluding legal
holidays.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6057, doty.edward@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. EPA's Actions
A. What actions is EPA taking?
B. Do these actions apply to me?
C. What is the background for these actions?
II. What Are the Criteria for Redesignation to Attainment?
III. What Is the Effect of EPA's Actions?
IV. What Is EPA's Analysis of the State's Request?
V. Has Indiana Adopted Acceptable Motor Vehicle Emissions Budgets
for the End of the 10-Year Maintenance Plan (for 2015) Which Can Be
Used to Support Conformity Determinations?
A. How are the MVEBs developed and what are the MVEBs for
Delaware County?
B. What is a safety margin?
C. Are the MVEBs approvable?
VI. Final Actions
VII. Statutory and Executive Order Reviews
I. EPA's Actions
A. What actions is EPA taking?
EPA is taking several related actions. EPA is determining that
Delaware County has attained the 8-hour ozone NAAQS, and that it has
met the requirements for redesignation to attainment of the 8-hour
ozone NAAQS under section 107(d)(3)(E) of the CAA. EPA is, therefore,
approving a request from the State of Indiana to change the designation
of Delaware County from nonattainment to attainment for the 8-hour
ozone NAAQS.
EPA is also approving Indiana's ozone maintenance plan for this
area as a SIP revision. The maintenance plan is designed to keep
Delaware County in attainment of the 8-hour ozone NAAQS for the next 10
years, through 2015. As supported by and consistent with the ozone
maintenance plan, EPA is also approving the 2015 VOC and NOX
MVEBs for Delaware County for conformity purposes.
B. Do these actions apply to me?
These actions pertain to the designation of Delaware County for the
8-hour ozone NAAQS and to the emission controls related to attainment
and maintenance of the 8-hour ozone NAAQS in this area. The emissions
of concern are VOC and NOX. If you own or operate a VOC or
NOX emissions source in Delaware County or live in this
area, this final action may impact or apply to you. It may also impact
you if you are involved in transportation planning or implementation of
emission controls in this area.
C. What is the background for these actions?
EPA has determined that ground-level ozone is detrimental to human
health. On July 18, 1997, the EPA promulgated an 8-hour ozone NAAQS (62
FR 38856) of 0.08 parts per million parts of air (0.08 ppm) (80 parts
per billion (ppb)).\1\ The 8-hour ozone standard replaces a prior 1-
hour ozone NAAQS, which was promulgated on February 8, 1979 (44 FR
8202), and which was revoked on June 15, 2005. It should be noted that
ground-level ozone is not directly emitted by sources. Rather, emitted
NOX and VOC react in the presence of sunlight to form
ground-level ozone along with other secondary compounds. NOX
and VOC are referred to as ``ozone precursors.''
---------------------------------------------------------------------------
\1\ This standard is violated in an area when any ozone monitor
in the area (or in its impacted downwind environs) records 8-hour
ozone concentrations with an average of the annual fourth-highest
daily maximum 8-hour ozone concentrations over a three year period
equaling or exceeding 85 ppb.
---------------------------------------------------------------------------
The CAA required EPA to designate as nonattainment any area that
violated the 8-hour ozone NAAQS based on the three most recent years of
air quality data (2001-2003 ozone data were considered for the initial
8-hour ozone designations). The Federal Register notice making these
designations was signed on April 15, 2004, and was published on April
30, 2004 (69 FR 23857).
The CAA contains two sets of provisions--subpart 1 and subpart 2--
that address planning and emission control requirements for
nonattainment areas. (Both are found in title I, part D of the CAA.)
Subpart 1 contains general, less prescriptive, requirements for
nonattainment areas for any pollutant, including ozone, governed by a
NAAQS, and applies to all nonattainment areas. Subpart 2 contains more
specific requirements for certain ozone nonattainment areas, and
applies to ozone nonattainment areas classified under section 181 of
the CAA. Subpart 1 nonattainment areas, those areas not classified
under section 181 of the CAA, are subject only to the provisions of
subpart 1. Subpart 2 nonattainment areas, however, are subject to the
provisions of subpart 2, as well as to the provisions of subpart 1
(many of the requirements in subpart 1 are superseded by the more-
prescriptive requirements of subpart 2).
In the April 30, 2004 designation rulemaking, EPA divided 8-hour
ozone nonattainment areas into the categories of subpart 1
nonattainment (basic nonattainment areas) and subpart 2 nonattainment
(classified nonattainment
[[Page 69445]]
areas) based on their 8-hour ozone design values (i.e., the three-year
average annual fourth-highest daily maximum 8-hour ozone concentrations
at the worst-case monitoring sites in the designated areas) and their
1-hour ozone design values (i.e., the fourth-highest daily maximum 1-
hour ozone concentrations over the three-year period at the worst-case
monitoring sites in the designated areas).\2\ 8-hour ozone
nonattainment areas with 1-hour ozone design values equaling or
exceeding 121 ppb were designated as classified nonattainment areas (as
nonattainment areas required to meet the requirements of subpart 2 of
the CAA). All other 8-hour ozone nonattainment areas were designated as
basic nonattainment areas.
---------------------------------------------------------------------------
\2\ The 8-hour ozone design value and 1-hour ozone design value
for each area were not necessarily recorded at the same monitoring
site. The worst-case monitoring site for each concentration
averaging time was considered for each area.
---------------------------------------------------------------------------
In the April 30, 2004 designation/classification rulemaking,
Delaware County was designated as nonattainment for the 8-hour ozone
standard, and was identified as a basic, subpart 1 nonattainment
area.\3\ This designation was based on ozone data collected in Delaware
County during the 2001-2003 period.
---------------------------------------------------------------------------
\3\ Because this area was not violating the 1-hour ozone NAAQS,
with a 1-hour ozone design value at or above the 121 ppb cutoff at
the time of the promulgation of the 8-hour ozone designations and
classifications, EPA determined that this area should be addressed
through the less-prescriptive requirements of subpart 1 of the CAA
rather than through the more-prescriptive requirements of subpart 2
of the CAA.
---------------------------------------------------------------------------
On August 25, 2005, the State of Indiana requested redesignation of
Delaware County to attainment for the 8-hour ozone NAAQS based on ozone
data collected during the 2002-2004 period. This redesignation request
was supplemented on October 20, 2005 with a clarification of the
State's intent with regard to the triggering of contingency measures in
the ozone maintenance plan for Delaware County. Today's final rule
addresses the ozone redesignation request as modified.
II. What Are the Criteria for Redesignation to Attainment?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) allows for
redesignation to attainment provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved an applicable SIP for the area under
section 110(k) of the CAA; (3) the Administrator determines that the
improvement in air quality is due to permanent and enforceable
emissions reductions resulting from implementation of the applicable
SIP, Federal air pollution control regulations, and other permanent and
enforceable emissions reductions; (4) the Administrator has fully
approved a maintenance plan for the area as meeting the requirements of
section 175A of the CAA; and, (5) the State containing the area has met
all requirements applicable to the area under section 110 and part D of
the CAA.
EPA provided guidance on redesignation in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990 on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 29,
1992 (57 FR 13498). EPA provided further guidance on processing
redesignation requests in the following documents:
Ozone and Carbon Monoxide Design Value Calculations,'' Memorandum
from Bill Laxton, June 18, 1990;
``Maintenance Plans for Redesignation of Ozone and Carbon Monoxide
Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, April 30, 1992;
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992;
``State Implementation Plan (SIP) Actions Submitted in Response to
Clean Air Act (Act) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSD's) for Redesignation of Ozone and
Carbon Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
``State Implementation Plan (SIP) Requirements for Areas Submitting
Requests for Redesignation to Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On or
After November 15, 1992,'' Memorandum from Michael H. Shapiro, Acting
Assistant Administrator for Air and Radiation, September 17, 1993;
``Use of Actual Emissions in Maintenance Demonstrations for Ozone
and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, Acting
Director, Air Quality Management Division, November 30, 1993;
``Part D New 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.
III. What Is the Effect of EPA's Actions?
Approval of this redesignation request would change the official
designation of Delaware County for the 8-hour ozone NAAQS found at 40
CFR part 81 from nonattainment to attainment. This final rule would
also incorporate into the Indiana SIP a plan for maintaining the 8-hour
ozone NAAQS in the area through 2015. The maintenance plan includes
contingency measures to remedy or prevent possible future violations of
the 8-hour ozone NAAQS, and establishes MVEB's of 3.50 tons per day
(tpd) for VOC and 4.82 tpd for NOX for Delaware County.
IV. What Is EPA's Analysis of the State's Request?
In this final rule, EPA: (1) Determines that Delaware County has
attained the 8-hour ozone standard and approves the redesignation of
Delaware County to attainment of the 8-hour ozone NAAQS; and, (2)
approves the ozone maintenance plan and 2015 VOC and NOX
MVEBs for this area. The bases for our determination and approvals are
as follows:
1. Delaware County Has Attained the 8-Hour Ozone NAAQS
EPA has determined that Delaware County has attained the 8-hour
ozone NAAQS. For ozone, an area may be considered to be attaining the
8-hour ozone NAAQS if there are no violations of the NAAQS, as
determined in accordance with 40 CFR 50.10 and Appendix I of 40 CFR
part 50, based on the most recent three complete, consecutive calendar
years of quality-assured air quality monitoring data at any monitoring
site in the area. To attain this standard, the average of the annual
fourth-high daily maximum 8-hour average ozone concentrations recorded
at each monitor (the monitoring site's ozone design value) over the 3-
year period must not exceed
[[Page 69446]]
the ozone standard. Based on the rounding convention described in 40
CFR part 50, Appendix I, the 8-hour ozone standard is attained if the
area's ozone design value (highest ozone design value for all
monitoring sites in the area) is 84 ppb or lower. The data must be
collected and quality-assured in accordance with 40 CFR part 58, and
recorded in EPA's Aerometric Information Retrieval System (AIRS). The
ozone monitors generally should have remained at the same locations for
the duration of the monitoring period required for demonstrating
attainment (for three years or more).
As part of the August 25, 2005 ozone redesignation request, IDEM
submitted summarized ozone monitoring data indicating the top four
daily maximum 8-hour ozone concentrations for the sole monitoring site
in Delaware County, Albany Elementary, for each year during the 2001-
2004 period. These ozone concentrations have been quality-assured and
are a subset of the quality-assured ozone data stored in EPA's AIRS.
The annual fourth-high 8-hour ozone monitoring concentrations and the
three-year average fourth-high 8-hour ozone concentrations are
summarized in Table 1. Of particular note is the three-year average for
the 2002-2004 period, the air quality basis for the determination of
attainment for Delaware County.
Table 1.--Annual Fourth-High 8-Hour Ozone Concentrations and Three-Year
Average Fourth-High 8-Hour Ozone Concentrations in Delaware County
Indiana, Concentrations in PPB
------------------------------------------------------------------------
Fourth-high 8- Three-year
Site Year hour average for
concentration ending year
------------------------------------------------------------------------
Albany Elementary.............. 2001 84 NA
Albany Elementary.............. 2002 95 NA
Albany Elementary.............. 2003 85 88
Albany Elementary.............. 2004 70 83
------------------------------------------------------------------------
These data show that the ozone design value (average annual fourth-
high daily maximum 8-hour ozone concentration over a three-year period)
for the only ozone monitoring site in Delaware County during the 2002-
2004 period is below the 85 ppb 8-hour ozone standard violation cut-
off. These data support the conclusion that Delaware County did not
experience a monitored violation of the 8-hour ozone standard during
the period of 2002-2004. Preliminary data through September of the 2005
ozone season show that Delaware County continues to attain the 8-hour
ozone standard.
EPA believes that the data submitted by Indiana provide an adequate
demonstration that Delaware County has attained the 8-hour ozone NAAQS.
Indiana has committed to continue ozone monitoring in Delaware
County. IDEM commits to consult with the EPA prior to making any
changes in this ozone monitoring.
2. Delaware County Has Met All Applicable Requirements Under Section
110 and Part D of the CAA and the Area Has a Fully Approved SIP Under
Section 110(k) of the CAA
We have determined that Indiana has met all currently applicable
SIP requirements for purposes of redesignation of Delaware County 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). See
section 107(d)(3)(E)(v) of the CAA. In addition, we have determined
that the Indiana SIP is fully approved with respect to requirements
applicable for purposes of redesignation. See section 107(d)(3)(E)(ii)
of the CAA. In making these determinations, we have ascertained what
SIP requirements are applicable to the area 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.
We note that SIPs must be fully approved only with respect to currently
applicable requirements of the CAA.
a. Delaware County has 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 Shapiro
memorandum and 66 FR 12459, 12465-12466 (March 7, 1995) (redesignation
of Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone
NAAQS). Applicable requirements of the CAA that come due subsequent to
the state's submittal of a complete request remain applicable until a
redesignation to attainment is approved, but are not required as a
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to
attainment of the 1-hour ozone NAAQS).
General SIP requirements: Section 110(a) of title I of the CAA
contains the general requirements for a SIP, which include: enforceable
emission limitations and other emission control measures, means, or
techniques; provisions for the establishment and operation of
appropriate devices necessary to collect data on ambient air quality;
and programs to enforce the emission limitations. General SIP elements
and requirements are delineated in section 110(a)(2) of title I, part A
of the CAA. These requirements and SIP elements include, but are not
limited to, the following: (a) Submittal of a SIP that has been adopted
by the state after reasonable public notice and a hearing; (b)
provisions for establishment and operation of appropriate procedures
needed to monitor ambient air quality; (c) implementation of a source
permit program; (d) provisions for implementation of part C
requirements (Prevention of Significant Deterioration (PSD)) and part D
requirements (New Source Review (NSR)) for new sources or major source
modifications; (e) criteria for stationary source emission control
measures, monitoring, and reporting; (f) provisions for air quality
modeling; and (g) provisions for public and local agency participation.
[[Page 69447]]
Section 110(a)(2)(D) of the CAA requires that SIPs contain certain
measures to prevent sources in a state from significantly contributing
to air quality problems in another state. To implement this provision,
EPA has required certain states to establish programs to address
transport of air pollutants (NOX SIP call, Clean Air
Interstate Rule (CAIR)). 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 desgination
of any one particular area in the state.
We believe that these requirements should not be construed to be
applicable requirements for purposes of redesignation. Further, we
believe that the other section 110 elements described above that are
not connected with nonattainment plan submissions and not linked with
an area's attainment status are also not applicable requirements for
purposes of redesignation. A state remains subject to these
requirements after an area is redesignated to attainment. We conclude
that only the section 110 and part D requirements which are linked with
a particular area's designation and classification are the relevant
measures in evaluating a redesignation request. This approach is
consistent with EPA's existing policy on applicability of conformity
and oxygenated fuels requirements for redesignation purposes, as well
as with section 184 ozone transport requirements. See Reading,
Pennsylvania, proposed and final rulemakings (61 FR 53174-53176,
October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-Loraine,
Ohio, final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida,
final rulemaking (60 FR 62748, December 7, 1995). See also the
discussion on this issue in the Cincinnati ozone redesignation (65 FR
37890, June 19, 2000), and the Pittsburgh ozone redesignation (66 FR
50399, October 19, 2001).
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 SIP 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 Delaware County
redesignation request. Subpart 1 of part D, found in sections 172-176
of the CAA, sets forth the basic nonattainment area plan requirements
applicable to all nonattainment areas. Because Delaware County is a
subpart 1 8-hour ozone nonattainment area and is not classified under
subpart 2 of part D of the CAA for the 8-hour ozone standard, subpart 2
of part D of the CAA does not apply to this area.
Part D, Subpart 1 applicable requirements. For purposes of
evaluating this ozone redesignation request, the applicable part D,
subpart 1 SIP requirements for Delaware County are contained in section
172 of the CAA. A thorough discussion of the requirements of section
172 can be found in the General Preamble for Implementation of Title I
(57 FR 13498, April 16, 1992).
No requirements applicable for purposes of redesignation under part
D became due prior to submission of the redesignation request, and,
therefore, none is applicable to the area for purposes of
redesignation. For example, the requirement for an ozone attainment
demonstration to meet the requirement of section 172(c)(1) is not yet
applicable, nor are the requirements for Reasonably Available Control
Measures (RACM) and Reasonably Available Control Technology (RACT)
(section 172(c)(1)), Reasonable Further Progress (RFP) (section
172(c)(2)), and contingency measures (section 172(c)(9)).
Since the State of Indiana has submitted a complete ozone
redesignation request for Delaware County prior to the deadline for any
submissions required for purposes of redesignation, we have determined
that these requirements do not apply to Delaware County for purposes of
redesignation.
Section 176 conformity requirements. Section 176(c) of the CAA
requires states to establish criteria and procedures to ensure that the
Federally-supported and funded activities, including highway projects,
conform to the air 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 believes that it is reasonable to interpret the conformity SIP
requirements as not applying for purposes of evaluating the ozone
redesignation request under section 107(d) of the CAA because state
conformity rules are still required after redesignation of an area to
attainment of a NAAQS and Federal conformity rules apply where state
rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir.
2001). See also 60 FR 62748 (December 7, 1995) (Tampa, Florida).
Identification and Quantification of Allowable Emissions for Major
New or Modified Stationary Sources. EPA has also determined that areas
being redesignated need not comply with the requirement that a NSR
program be approved prior to redesignation, provided that the area
demonstrates maintenance of the standard without part D NSR, since PSD
requirements will apply after redesignation. A more detailed rationale
for this view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' Indiana has demonstrated that Delaware
County will be able to maintain the 8-hour ozone 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
Delaware County upon redesignation to attainment. See rulemakings for
Detroit, Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-
Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville,
Kentucky (66 FR 53665, October 23, 2001); Grand Rapids, Michigan (61 FR
31834-31837, June 21, 1996). Thus, the area has satisfied all
applicable requirements for purposes of redesignation under section 110
and part D of the CAA.
b. Delaware County has a fully approved SIP under section 110(k) of
the CAA. EPA has fully approved the Indiana SIP for Delaware County
under section 110(k) of the CAA for all
[[Page 69448]]
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 on 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
Delaware County for the 1-hour ozone standard. No Delaware County-
related SIP provisions are currently disapproved, conditionally
approved, or partially approved. As indicated above, EPA believes that
the section 110 elements not connected with nonattainment plan
submissions and not linked to the area's nonattainment status are not
applicable requirements for purposes of redesignation. EPA 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 Air Quality Improvement in Delaware County Is Due to Permanent
and Enforceable Reductions in Emissions From Implementation of the SIP
and Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Emission Reductions
EPA believes that the State of Indiana has demonstrated that the
observed air quality improvement in Delaware County is due to permanent
and enforceable reductions in emissions resulting from the
implementation of the SIP, Federal measures, and other state-adopted
measures.
In making this demonstration, the State has documented the changes
in VOC and NOX emissions for both Delaware County and for
nine Central Indiana Counties (Boone, Hamilton, Hancock, Hendricks,
Johnson, Madison, Marion, Morgan, and Shelby), whose emissions are
believed to substantially impact the air quality in Delaware County,
for the years of 2000 and 2002.\4\ 2000 is a year in which Delaware was
in violation of the 8-hour ozone standard, and 2002 is the first year
of the three-year period in which Delaware County attained the 8-hour
ozone standard.
---------------------------------------------------------------------------
\4\ Emissions data for years after 2002 are not available for
all sources. Note that 2002 is part of the three-year period in
which Delaware County has attained the 8-hour ozone standard, and,
therefore, can be considered to be an attainment year for purposes
of demonstrating the connection between emissions and the
improvement in air quality and for demonstrating maintenance of the
8-hour ozone standard.
---------------------------------------------------------------------------
A comparison of the VOC and NOX emissions for Delaware
County and the Central Indiana Counties for 2000 and 2002 is summarized
in Tables 2 and 3.
Table 2.--VOC Emissions in Delaware County and Central Indiana Counties
in 2000 and 2002 in Tons Per Year
------------------------------------------------------------------------
County 2000 2002
------------------------------------------------------------------------
Delaware................................ 396 300
Boone................................... 22 9
Hamilton................................ 197 148
Hancock................................. 319 178
Hendricks............................... 45 37
Johnson................................. 1,006 494
Madison................................. 414 485
Marion.................................. 3,115 2,100
Morgan.................................. 37 112
Shelby.................................. 859 914
-----------------
Totals.............................. 6,410 4,777
------------------------------------------------------------------------
Table 3.--NOX Emissions in Delaware County and Central Indiana Counties
in 2000 and 2002 in Tons Per Year
------------------------------------------------------------------------
County 2000 2002
------------------------------------------------------------------------
Delaware................................ 300 186
Boone................................... 0 0
Hamilton................................ 2155 1193
Hancock................................. 84 58
Hendricks............................... 124 2
Johnson................................. 10 8
Madison................................. 434 326
Marion.................................. 12718 12056
Morgan.................................. 4603 4743
Shelby.................................. 2681 1591
-----------------
Totals.............................. 23109 20163
------------------------------------------------------------------------
In the above tables, the most relevant emissions are those for
Delaware County. These data show that the local VOC and NOX
emissions have declined between 2000, a year preceding the 2001-2003
violation period with emissions indicative of the emissions at the
start of the ozone violation period, and 2002, one of the years in the
three-year attainment period.
The Central Indiana Counties are generally upwind of Delaware
County
[[Page 69449]]
on high-ozone days. The cumulative VOC and NOX emissions
reductions in these Counties have contributed to the observed air
quality improvement in Delaware County. Past ozone data analyses and
ozone modeling conducted by the States in the Lake Michigan Air
Directors Consortium (LADCO) have demonstrated that peak ozone levels
throughout the Upper Midwest are significantly impacted by pollutant
transport from upwind areas. Therefore, regional emissions reductions
are assumed to have contributed to the air quality improvement in
Delaware County.
IDEM notes that the NOX emissions in this area (Delaware
County and the Central Indiana Counties) are decreasing primarily in
response to national emission control programs affecting all Electric
Generating Units (EGUs), including the acid rain control program and
the NOX SIP call. The VOC reduction in Delaware County is
due to a plant closure, which IDEM considers to be permanent and
enforceable. The VOC emissions reduction in Marion County is primarily
due to mobile source emission controls, including the Federal Motor
Vehicle Emissions Control Program, and to implementation of emission
controls on stationary sources.
Emission Control Measures Implemented in Delaware County
To support the conclusion that the air quality improvement in
Delaware County is due to permanent and enforceable emission
reductions, IDEM documented the emission controls that have been
implemented in Delaware County and in nearby, upwind Counties. The
following discusses the emission controls that have been implemented in
this area:
a. Reasonably Available Control Technology (RACT). IDEM notes that
Delaware County was not previously required to be covered by RACT rules
for existing sources under the CAA. Statewide RACT rules, however, have
been required by Indiana and implemented through the following RACT
rules:
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;
326 IAC 8-5 Miscellaneous Operations;
326 IAC 8-6 Organic Solvent Emission Limitations;
326 IAC 8-8.1 Landfill Emission Controls; and,
326 IAC 8-10 Auto Body Refinishing.
b. NOX Rules. Under EPA's NOX SIP call,
Indiana was required to adopt and implement NOX emission
control requirements for EGUs, industrial boilers, and cement kilns.
Indiana has adopted the required emission control rules. Emission
reductions resulting from these rules were required to begin in 2004,
and should ultimately reduce NOX emissions by 31 percent
statewide, with the emission reductions increasing through 2007. Note
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. As noted below, NOX emissions are
expected to decline further as the State meets the requirements of
EPA's Phase II NOX SIP call.
c. 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.
The Federal emission control measures have included: (1) National low
emission vehicle standards; (2) Tier II emission standards for
vehicles; (3) gasoline sulfur limits; and, (4) heavy-duty diesel engine
standards. In addition, in 2004, EPA issued the Clean Air Non-road
Diesel Rule. This rule will reduce off-road diesel emissions through
2010, with emission reductions starting in 2008.
Based on the information summarized above, we conclude that Indiana
has adequately demonstrated that emissions have declined between 2000
and 2002 in Delaware County and in its upwind counties as a result of
permanent and enforceable emission controls. Available ozone modeling
(see the discussion of available ozone modeling in the section
addressing the ozone maintenance plan below) shows that local VOC
emission reductions and regional NOX emission reductions
lead to lower ozone levels in this area. Based on this observation and
the documentation of the emission reductions between 2000 and 2002, we
conclude that the VOC and NOX emission reductions that
occurred between 2000 and 2002 have contributed to the reduction in
peak ozone levels that have been observed in Delaware County between
the periods of 2001-2003 and 2002-2004.
4. Delaware County Has a Fully Approvable Ozone Maintenance Plan
Pursuant to Section 175A of the CAA
In conjunction with the request for the redesignation of Delaware
County to attainment of the 8-hour ozone NAAQS, IDEM submitted a
requested SIP revision to provide for maintenance of the 8-hour ozone
NAAQS in Delaware County for at least 10 years after the redesignation
of this area to attainment of the NAAQS, through 2015.
a. What Is Required in an Ozone Maintenance Plan?
Section 175A of the CAA sets forth the required elements of
maintenance plans for areas seeking redesignation from nonattainment to
attainment. Under section 175A, a maintenance plan must demonstrate
continued attainment of the applicable NAAQS for at least ten years
after the Administrator approves the redesignation to attainment. The
State must submit a revised maintenance plan eight years after the
redesignation 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 8-
hour ozone maintenance plan must contain contingency measures, with a
schedule for implementation, as EPA deems necessary, to assure prompt
correction of any future ozone standard violation.
The September 4, 1992 John Calcagni memorandum provides additional
guidance on the content of maintenance plans. An ozone maintenance plan
should address the following items: (1) The attainment VOC and
NOX emissions inventories; (2) a maintenance demonstration
showing maintenance for the ten years of the maintenance period; (3) a
commitment to maintain the existing monitoring network; (4) factors and
procedures to be used for verification of continued attainment of the
NAAQS; and,
(5) a contingency plan to prevent or correct future violations of
the NAAQS.
b. Attainment Emissions Inventories
IDEM prepared and documented comprehensive VOC and NOX
emissions inventories for Delaware County and the Central Indiana
Counties for 2002, the base/attainment year. These emissions include
point (significant stationary sources), area (smaller stationary
sources and widely-distributed sources), mobile on-road, and mobile
non-road sources.
To develop the attainment year emissions inventories, IDEM used the
[[Page 69450]]
following approaches and sources of data:
Area Sources--Area source VOC and NOX emissions were
taken from the Indiana 2002 periodic emissions inventory, which was
previously submitted to the EPA. The area source emission estimates
were derived using United States Department of Commerce Bureau of
Economic Analysis (BEA) growth factors to project emissions to 2002
from prior years.
Mobile On-Road Sources--Mobile on-road emissions were calculated
using MOBILE6 emission factors. Traffic data (vehicle miles traveled,
vehicle speeds, and vehicle type and age distributions) for 2002 were
calculated using the travel demand model and post-processor provided by
the Delaware-Muncie Municipal Planning Commission (DMMPC). IDEM has
provided detailed data summaries to document the calculation of mobile
on-road VOC and NOX emissions for 2002, as well as for the
projection years of 2010 and 2015 (further discussed below).
Point Source Emissions--2002 point source emissions were compiled
from IDEM's 2002 annual emissions statement database and from the 2002
EPA Air Markets acid rain emissions inventory database.
Mobile Non-Road Emissions--Non-road mobile source emissions were
generated by the EPA and documented in the 2002 National Emissions
Inventory (NEI). In addition to the data taken from the NEI, IDEM also
considered updated and revised emissions obtained from LADCO. IDEM also
used data supplied by LADCO contractors to determine and assign
emissions by county for railroads, recreational motorboats, and
construction equipment. The emissions from construction equipment were
revised based on surveys completed in the Midwest.
The 2002 attainment year VOC and NOX emissions for
Delaware County are summarized along with the 2010 and 2015 projected
emissions for Delaware County in Table 4 below. It is our conclusion
that the State has adequately derived and documented the attainment
year VOC and NOX emissions for this area.
c. Demonstration of Maintenance
As part of its August 25, 2005 ozone redesignation request
submittal, IDEM requested revision of the SIP to include a 10-year
ozone maintenance plan as required by section 175A of the CAA. This
submission shows maintenance of the 8-hour ozone NAAQS by demonstrating
that current and future emissions of VOC and NOX remain at
or below the attainment year emissions levels.\5\ Note that a
maintenance demonstration may be based on projected emissions and need
not be based on ozone modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir.
2001), Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 66 FR
53094, 53099-53100 (October 19, 2001) and 68 FR 25430-25432 (May 12,
2003).
---------------------------------------------------------------------------
\5\ The attainment year can be any year of the three consecutive
years where the area has recorded clean air quality data (2002,
2003, or 2004 for Delaware County). 2002 is the recommended base
year for ozone attainment and rate-of-progress demonstrations, as
discussed in a November 18, 2002 memorandum, ``2002 Base Year
Emission Inventory SIP planning: 8-hr Ozone, PM2.5 and
Regional Haze Programs,'' from Lydia N. Wegman, Director, Air
Quality Strategies and Standards Division, Office of Air Quality
Planning and Standards. As noted here, Indiana chose to use 2002 as
the attainment year because the State was already preparing
emissions for this year to prepare the base year emissions
inventory.
---------------------------------------------------------------------------
Table 4 summarizes the VOC and NOX emissions for
Delaware County for 2002, 2010, and 2015 in Tons Per Summer Day (TPSD).
IDEM chose 2010 as an interim year in the 10-year maintenance
demonstration period to show that the VOC and NOX emissions
are not projected to increase above the 2002 attainment levels in the
middle of the 10-year period.
Table 4.--Attainment Year (2002) and Projected VOC and NOX Emissions in Delaware County (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
Source sector -----------------------------------------------------------------------------------------------
2002 2010 2015 2002 2010 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 0.83 1.00 1.17 0.35 0.37 0.39
Area.................................................... 9.79 11.48 12.67 1.43 1.54 1.58
On-Road................................................. 8.19 4.69 3.33 13.89 7.66 4.59
Non-Road................................................ 9.23 5.43 5.28 4.11 3.29 2.74
-----------------
Total............................................... 28.04 22.60 22.45 19.78 12.86 9.30
--------------------------------------------------------------------------------------------------------------------------------------------------------
The emission projections show that in Delaware County, emissions
are not expected to exceed the levels of the 2002 attainment year
inventory during the 10-year maintenance period. Delaware County VOC
and NOX emissions are projected to decrease by 5.59 TPSD and
10.48 TPSD, respectively, between 2002 and 2015.
Emission control measures to remain in effect. Indiana commits to
maintain the implemented emission control measures after redesignation
of Delaware County to attainment of the 8-hour ozone NAAQS. Any
revisions to emission control regulations and emission limits will be
submitted to the EPA for approval as SIP revisions.
Modeling support for the impact of emission changes on air quality
and further improvements in air quality. IDEM notes that, although
ozone modeling is not required to support ozone redesignation requests,
a significant amount of ozone modeling data exist that support the
connection between emission reductions and air quality improvement,
including ozone modeling data that support a demonstration of
maintenance for Delaware County. IDEM notes that the available ozone
modeling data demonstrate that Delaware County is significantly
impacted by ozone and ozone precursor transport and that regional
NOX emission reductions are significantly beneficial for
reducing 8-hour ozone concentrations in Delaware County.
IDEM draws the following conclusions from the various ozone
modeling analyses that have addressed the Midwest:
i. EPA Modeling Analyses for the Heavy Duty Engine Rule. EPA
conducted ozone modeling for the Tier II vehicles and low-sulfur fuels
to support the final rulemaking for the Heavy Duty Engine (HDE)
standards and highway diesel fuel rule (Tier II/Low Sulfur Fuel Rule).
This modeling, in part, addressed ozone levels in Delaware County and
the Central Indiana Counties. A base year of 1996 was modeled, and
impacts of fuel changes and the NOX SIP call were
[[Page 69451]]
modeled using high ozone episodes in 1995. The modeling supports the
conclusion that the fuel improvements and the NOX SIP call
should result in significant ozone improvements (lower projected ozone
concentrations) in Delaware County and in the Central Indiana Counties.
Using the modeling results to determine Relative Reduction Factors
(RRFs)\6\ and considering the 2001-2003 ozone design value (88 ppb) for
the Albany Elementary monitoring site, IDEM projected the 2007 ozone
design value for the Albany Elementary monitor to be 81.4 ppb.
Therefore, the NOX SIP call and fuel modifications
considered in the ozone modeling were found to significantly improve
the ozone levels in Delaware County.
---------------------------------------------------------------------------
\6\ Relative Reduction Factors are fractional changes in peak
ozone concentrations projected to occur as the result of changes in
ozone precursor emissions resulting from the implementation of
emission control strategies. Relative Reduction Factors derived
through the ozone modeling area applied to monitored peak ozone
concentrations to project post-control peak ozone levels.
---------------------------------------------------------------------------
ii. LADCO Modeling Analysis for the 8-Hour Ozone Standard
Assessment. LADCO has performed ozone modeling to evaluate the effects
of the NOX SIP call and Tier II/Low Sulfur Fuel Rule on 2007
ozone levels in the Lake Michigan area, which includes Delaware County
and the Central Indiana Counties. Like the EPA modeling discussed
above, this modeling indicates that the ozone design value for the
Albany Elementary monitoring site would be significantly reduced by
2007 as the result of implementing the NOX SIP call and the
Tier II/Low Sulfur Fuel Rule.
The modeling results indicate that ozone levels will continue to
drop in Delaware County as the modeled emission control programs are
implemented. It should be noted that the improved air quality resulting
from the existing Federal rules will be supplemented by additional
emission reductions resulting from the implementation of the Clean Air
Interstate Rule (CAIR) promulgated by the EPA on March 10, 2005, 70 FR
25161. CAIR is expected to further reduce the transport of
NOX and ozone into Delaware County as the result of
decreased NOX emissions outside of Delaware County.
d. Monitoring Network
Indiana currently operates one ozone monitor in Delaware County.
IDEM has committed to continue operating and maintaining an approved
ozone monitor in Delaware County.
e. Verification of Continued Attainment
Continued attainment of the ozone NAAQS in Delaware County depends,
in part, on the State's tracking of indicators of continued attainment
during the maintenance period. The State's plan for verifying continued
attainment of the 8-hour standard in Delaware County 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
Delaware County 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 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 a
contingency plan for Delaware County to address a possible future ozone
air quality problem. The contingency plan adopted by Indiana has two
levels of responses, depending on whether a violation of the 8-hour
ozone standard is only threatened (Warning Level) or is imminent or has
occurred (Action Level).
A Warning Level response will occur when an annual (1-year) fourth-
high monitored daily peak 8-hour ozone concentration of 88 ppb or
higher is monitored in a single ozone season at any monitor within the
ozone maintenance area. A Warning Level response will consist of
Indiana performing a study to determine whether the high ozone
concentration indicates a trend toward high ozone levels or whether
emissions are increasing. If a trend toward higher ozone concentrations
exists and is likely to continue, the emissions control measures
necessary to reverse the trend will be determined, taking into
consideration ease and timing of implementation, as well as economic
and social considerations. The study, including applicable recommended
next steps, will be completed within 12 months from the close of the
ozone season with the recorded high ozone concentration. If emission
controls are needed to reverse the adverse ozone trend, the procedures
for emission control selection under the Action Level response will be
followed.
An Action Level response will occur when a two-year average annual
fourth-high monitored daily peak 8-hour ozone concentration of 85 ppb
or greater occurs at any monitor in the ozone maintenance area or when
a violation of the 8-hour ozone standard occurs at any monitor in the
ozone maintenance area (Delaware County).\7\ 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
[[Page 69452]]
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 are adequate to correct the
ozone standard violation problem, IDEM may determine that additional
emission control measures at the State level may be unnecessary.
Regardless, IDEM will submit to the EPA an analysis to demonstrate that
proposed emission control measures are adequate to provide for future
attainment of the 8-hour ozone NAAQS in a timely manner. EPA notes that
it is construing this provision to require that any non-federal control
measure relied upon in lieu of a contingency measure will be adopted by
the State for inclusion in the State SIP and will be submitted to EPA
for approval as a revision of the SIP.
---------------------------------------------------------------------------
\7\ On October 20, 2005, IDEM submitted a letter which verified
the State's intent to activate an Action Level response in the event
of a violation of the 8-hour ozone NAAQS in several areas, including
Delaware County. The ozone maintenance plan submitted on August 25,
2005 could be interpreted to require an Action Level response only
in the event that the average annual fourth-high daily maximum 8-
hour ozone concentration equaled 85 ppb. Therefore, a violation of
the 8-hour ozone standard would theoretically not have triggered an
Action Level response under certain circumstances. The October 20,
2005 submittal rectified this potential problem.
---------------------------------------------------------------------------
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;
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 Measures (TCMs) 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,
employer-based transportation management plans, area-wide rideshare
programs, work schedule changes, and telecommuting;
B. Transit improvements;
C. Traffic flow improvements; and
D. Other new or innovative transportation measures not yet in
widespread use that affect State and local governments as deemed
appropriate;
vii. Alternative fuel and diesel retrofit programs for fleet
vehicle operations;
viii. Controls on consumer products consistent with those adopted
elsewhere in the United States;
ix. VOC or NOX emission offsets for new or modified
major sources;
x. VOC or NOX emission offsets for new or modified minor
sources;
xi. Increased ratio of the emission offset required for new
sources; and,
xii. VOC or NOX emission controls on new minor sources
(with VOC or NOX emissions less
