Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of the LaPorte County 8-Hour Nonattainment Area to Attainment for Ozone, 19424-19435 [E7-7348]
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Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
40 CFR Part 81
Air pollution control, Environmental
protection, National parks, Wilderness
areas.
Dated: April 6, 2007.
Walter W. Kovalick,
Acting Regional Administrator, Region 5.
[FR Doc. E7–7347 Filed 4–17–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2006–0459; FRL–8301–9]
Determination of Attainment, Approval
and Promulgation of Implementation
Plans and Designation of Areas for Air
Quality Planning Purposes; Indiana;
Redesignation of the LaPorte County
8-Hour Nonattainment Area to
Attainment for Ozone
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
SUMMARY: On May 30, 2006, the Indiana
Department of Environmental
Management (IDEM) submitted a
request for EPA approval of a
redesignation of LaPorte County to
attainment of the 8-hour ozone National
Ambient Air Quality Standard (NAAQS)
and of an ozone maintenance plan for
LaPorte County as a revision to the
Indiana State Implementation Plan
(SIP). EPA is proposing to approve
Indiana’s request and maintenance plan
SIP revision. EPA is also proposing to
approve the Volatile Organic
Compounds (VOC) and Nitrogen Oxides
(NOX) Motor Vehicle Emission Budgets
(MVEBs) for LaPorte County, as
supported by the ozone maintenance
plan for this County, for purposes of
conformity determinations.
DATES: Comments must be received on
or before May 18, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2006–0459, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: mooney.john@epa.gov.
• Fax: (312) 886–5824.
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• Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
• Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois. Such deliveries are only
accepted during the Regional Office’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office’s official hours of
operation are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2006–
0459. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI, or otherwise
protected, through www.regulations.gov
or e-mail. The www.regulations.gov
website is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through www.regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD-ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters and any
form of encryption, and should be free
of any defects or viruses
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hardcopy. Publicly
available docket materials are available
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either electronically in
www.regulations.gov or in hardcopy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. It is
recommended that you telephone
Edward Doty, Environmental Scientist,
at (312) 886–6057, before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Edward Doty, Environmental Scientist,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6057,
doty.edward@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. This supplementary
information section is arranged as
follows:
I. What Action Is EPA Proposing To Take?
II. What Is the Background for This Action?
III. What Are the Criteria for Redesignation
to Attainment?
IV. What Are EPA’s Analyses of the State’s
Requests and What Are the Bases for
EPA’s Proposed Action?
V. Has Indiana Adopted Acceptable Motor
Vehicle Emissions Budgets for the End of
the 10-Year Maintenance Plan Which
Can Be Used To Support Conformity
Determinations?
VI. What Is the Effect of EPA’s Proposed
Action?
VII. Statutory and Executive Order Reviews
I. What Action Is EPA Proposing To
Take?
We are proposing to take several
related actions for LaPorte County. First,
we are proposing to determine that
LaPorte County has attained the 8-hour
ozone NAAQS based on air quality for
the period of 2003 through 2005.
Second, we are proposing to approve
Indiana’s ozone maintenance plan for
LaPorte County as a requested revision
to the Indiana SIP. The maintenance
plan is designed to keep LaPorte County
in attainment of the 8-hour ozone
standard for the next 14 years, through
2020. As supported by and consistent
with the ozone maintenance plan, we
are also proposing to approve the 2020
VOC and NOX MVEBs for LaPorte
County for conformity purposes.
Finally, we are proposing to approve the
request from the State of Indiana to
change the designation of LaPorte
County from nonattainment to
attainment of the 8-hour ozone NAAQS.
We have determined that the State and
LaPorte County have met the
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requirements for redesignation to
attainment under section 107(d)(3)(E) of
the Clean Air Act (CAA).
II. What Is the Background for This
Action?
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A. General Background Information
EPA has determined that ground-level
ozone is detrimental to human health.
On July 18, 1997, EPA promulgated an
8-hour ozone NAAQS of 0.08 parts per
million parts of air (0.08 ppm) (80 parts
per billion (ppb)) (62 FR 38856).1 This
8-hour ozone standard replaced a prior
1-hour ozone NAAQS, which had been
promulgated on February 8, 1979 (44 FR
8202), and which EPA revoked on June
15, 2005 (69 FR 23858).
Ground-level ozone is not emitted
directly by sources. Rather, emitted NOX
and VOC react in the presence of
sunlight to form ground-level ozone
along with other secondary compounds.
NOX and VOC are referred to as ‘‘ozone
precursors.’’ Control of ground-level
ozone concentrations is achieved
through controlling VOC and NOX
emissions.
Section 107 of the CAA required EPA
to designate as nonattainment any area
that violates the 8-hour ozone NAAQS.
The Federal Register notice
promulgating the 8-hour ozone
designations and classifications was
published on April 30, 2004 (69 FR
23857).
The CAA contains two sets of
provisions—subpart 1 and subpart 2—
that address planning and emission
control requirements for nonattainment
areas. Both are found in title I, part D
of the CAA. Subpart 1 contains general,
less prescriptive requirements for all
nonattainment areas for any pollutant
governed by a NAAQS. Subpart 2
contains more specific requirements for
certain ozone nonattainment areas, and
applies to ozone nonattainment areas
classified under section 181 of the CAA.
In the April 30, 2004 designation
rulemaking, EPA divided 8-hour ozone
nonattainment areas into the categories
of subpart 1 nonattainment (‘‘basic’’
nonattainment) and subpart 2
nonattainment (‘‘classified’’
nonattainment). EPA based this division
on the areas 8-hour ozone design values
(i.e., on the three-year averages of the
annual fourth-highest daily maximum 8hour ozone concentrations at the worstcase monitoring sites in the areas) and
on their 1-hour ozone design values
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. See 40 CFR 50.10.
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(i.e., on the fourth-highest daily
maximum 1-hour ozone concentrations
over the three-year period at the worstcase monitoring sites in the areas).2 EPA
classified 8-hour ozone nonattainment
areas with 1-hour ozone design values
equaling or exceeding 121 ppb as
subpart 2, classified nonattainment
areas. EPA classified all other 8-hour
nonattainment areas as subpart 1, basic
nonattainment areas. The basis for area
classification was defined in a separate
April 30, 2004, final rule (the Phase 1
implementation rule) (69 FR 23951).
Emission control requirements for
classified nonattainment areas are
linked to area classifications. Areas with
more serious ozone pollution problems
are subject to more prescribed
requirements and later attainment dates.
The prescribed emission control
requirements are designed to bring areas
into attainment by their specified
attainment dates.
In the April 30, 2004, ozone
designation/classification rulemaking,
EPA designated LaPorte County as a
subpart 2 moderate nonattainment area
for the 8-hour ozone NAAQS. This
designation was based on ozone data
collected during the 2001–2003 period.
On September 22, 2004 (69 FR 56697),
EPA revised the designation of LaPorte
County to subpart 2 marginal
nonattainment.
On May 30, 2006, the State of Indiana
requested redesignation of LaPorte
County to attainment of the 8-hour
ozone NAAQS based on ozone data
collected in LaPorte County during the
2003–2005 period. On August 24, 2006,
IDEM submitted a summary of an ozone
data review and supplementary ozone
data to address a shortfall in the data
supporting the ozone redesignation
request.
B. What Is the Impact of the December
22, 2006 United States Court of Appeals
Decision Regarding EPA’s Phase 1
Implementation Rule?
On December 22, 2006, the United
States Court of Appeals for the District
of Columbia Circuit (the Court) vacated
EPA’s Phase 1 implementation rule
(Phase 1 Rule) for the 8-hour ozone
standard (69 FR 23951, April 30, 2004).
South Coast Air Quality Management
Dist. v. EPA, 472 F.3d 882 (D.C. Cir.
2006). The Court held that certain
provisions of EPA’s Phase 1 Rule were
inconsistent with the requirements of
the CAA. The Court rejected EPA’s
2 The 8-hour ozone design value and the 1-hour
ozone design value for each area were not
necessarily recorded at the same monitoring site.
The worst-case monitoring site for each ozone
concentration averaging time was considered for
each area.
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reasons for implementing the 8-hour
ozone standard in nonattainment areas
under subpart 1 in lieu of subpart 2 of
Title I, part D of the CAA. The Court
also held that EPA improperly failed to
retain four measures required for 1-hour
ozone nonattainment areas under the
anti-backsliding provisions of the
regulations: (1) Nonattainment area New
Source Review (NSR) requirements
based on an area’s 1-hour nonattainment
classification; (2) section 185 penalty
fees for 1-hour severe or extreme ozone
nonattainment areas; (3) measures to be
implemented pursuant to section
172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making
reasonable further progress toward
attainment of the 1-hour ozone NAAQS,
or failing to attain that NAAQS; and, (4)
conformity requirements for certain
types of Federal actions. The Court
upheld EPA’s authority to revoke the 1hour ozone standard provided that there
were adequate anti-backsliding
provisions.
This section sets forth EPA’s views on
the potential effect of the Court’s ruling
on this redesignation action. For the
reasons set forth below, EPA does not
believe that the Court’s ruling alters any
requirements relevant to this
redesignation action so as to preclude
redesignation, and does not prevent
EPA from finalizing this redesignation.
EPA believes that the Court’s decision,
as it currently stands or as it may be
modified based on any petition for
rehearing that has been filed, imposes
no impediment to moving forward with
redesignation of this area to attainment,
because in either circumstance
redesignation is appropriate under the
relevant redesignation provisions of the
CAA and longstanding policies
regarding redesignation requests.
With respect to the 8-hour ozone
standard, LaPorte County is classified as
moderate nonattainment under subpart
2 of the CAA. We do not believe that
any part of the Court’s opinion would
require that this subpart 2 classification
be changed upon remand to EPA.
However, even assuming for present
purposes that LaPorte County would
become subject to a different
classification under a classification
scheme created in a future rule in
response to the Court’s decision, this
would not prevent EPA from finalizing
a redesignation for this area. For the
reasons set forth below, we believe that
any additional requirements that might
apply based on that different
classification would not be applicable
for purposes of evaluating the
redesignation request.
This belief is based on: (1) EPA’s
longstanding policy of evaluating
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redesignation requests in accordance
with only the requirements due at the
time the complete redesignation request
was submitted; and, (2) consideration of
the inequity of retroactively applying
any requirements that might be applied
in the future.
First, at the time the complete
redesignation request was submitted
(May 30, 2006), LaPorte County was
classified under subpart 2 and was
required to meet the subpart 2
requirements. Under EPA’s
longstanding interpretation of section
107(d)(3)(E) of the CAA, to qualify for
redesignation, states requesting
redesignation to attainment must meet
only the relevant SIP requirements that
came due prior to the submittal of
complete redesignation requests.
September 4, 1992 Calcagni
memorandum (‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division). See also:
September 17, 1993 Shapiro
memorandum (‘‘State Implementation
Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation
to Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standard (NAAQS) on or after
November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting
Assistant Administrator, Air and
Radiation Division); 60 FR 12459,
12465–12466 (March 7, 1995)
(redesignation of Detroit-Ann Arbor);
Sierra Club v. EPA, 375 F.3d 537 (7th
Cir. 2004), which upheld this
interpretation; and, 68 FR 25418, 25424,
25427 (May 12, 2003) (redesignation of
St. Louis). At the time the redesignation
request for LaPorte County was
submitted, the area was not classified
under subpart 1 and no subpart 1
requirements were applicable for
purposes of redesignation.
Second, it would be inequitable to
retroactively apply any new SIP
requirements that were not applicable at
the time the complete redesignation
request was submitted, but which might
later become applicable. The D.C.
Circuit has recognized the inequity of
such retroactive rulemaking. See Sierra
Club v. Whitman, 285 F.3d 63 (D.C. Cir.
2002), in which the D.C. Circuit upheld
a District Court’s ruling refusing to make
retroactive an EPA determination of
nonattainment that was past the
statutory attainment deadline. Such a
determination would have resulted in
the imposition of additional
requirements on the area. The Court
stated: ‘‘Although EPA failed to make
the nonattainment determination within
the statutory time frame, Sierra Club’s
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proposed solution only makes the
situation worse. Retroactive relief would
likely impose large costs on the States,
which would face fines and suits for not
implementing air pollution plans in
1997, even though they were not on
notice at the time.’’ Id. at 68. Similarly,
here it would be unfair to penalize the
area by applying to it for purposes of
redesignation additional requirements
under subpart 1 that were not in effect
at the time Indiana submitted its
redesignation request, but that might
apply in the future.
Because LaPorte County was
designated as Unclassifiable/Attainment
under the 1-hour ozone standard and
was never designated nonattainment for
the 1-hour ozone standard, there are no
outstanding 1-hour nonattainment area
requirements that LaPorte County
would be required to meet. Thus, we
find that the Court’s ruling does not
result in any additional 1-hour
requirements for purposes of
redesignation of LaPorte County.
III. 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) of the CAA authorizes
redesignation provided that: (1) The
Administrator determines that the area
has attained the applicable NAAQS; (2)
the Administrator has fully approved an
applicable state implementation plan for
the area under section 110(k) of the
CAA; (3) the Administrator determines
that the improvement in air quality is
due to permanent and enforceable
emission reductions resulting from
implementation of the applicable SIP,
Federal air pollution control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area meeting
the requirements of section 175A of the
CAA; and, (5) the state containing the
area has met all requirements applicable
to the area under section 110 and part
D of the CAA.
EPA provided guidance on
redesignations in the General Preamble
for the Implementation of Title I of the
CAA Amendments of 1990 on April 16,
1992 (57 FR 13498), and supplemented
this guidance on April 28, 1992 (57 FR
18070). The two main policy guidelines
affecting the review of ozone
redesignation requests are the following:
‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, September 4, 1992 (September
4, 1992 Calcagni memorandum); and,
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‘‘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. For
additional policy guidelines used in the
review of ozone redesignation requests,
see our proposed rule for the
redesignation of the Evansville, Indiana
ozone nonattainment area at 70 FR
53606 (September 9, 2005).
IV. What Are EPA’s Analyses of the
State’s Requests and What Are the
Bases for EPA’s Proposed Action?
EPA is proposing to: (1) Determine
that LaPorte County has attained the 8hour ozone standard; (2) approve the
ozone maintenance plan for this County
and the VOC and NOX MVEBs
supported by this maintenance plan;
and, (3) approve the redesignation of
this County to attainment of the 8-hour
ozone NAAQS. The bases for our
proposed determination and approvals
follow.
1. LaPorte County Has Attained the 8Hour Ozone NAAQS
For ozone, an area may be considered
to be attaining the 8-hour ozone NAAQS
if there are no violations of the NAAQS,
as determined in accordance with 40
CFR 50.10 and appendix I, based on the
most recent three complete, consecutive
calendar years of quality-assured air
quality monitoring data at all ozone
monitoring sites in the area and in its
nearby downwind environs. To attain
this standard, the average of the annual
fourth-high daily maximum 8-hour
average ozone concentrations measured
and recorded at each monitor (the
monitoring site’s ozone design value)
within the area and in its nearby
downwind environs over the three-year
period must not exceed the ozone
standard. Based on an ozone data
rounding convention described in 40
CFR part 50, appendix I, the 8-hour
standard is attained if the area’s ozone
design value 3 is 0.084 ppm (84 ppb) or
lower. The data must be collected and
quality-assured in accordance with 40
CFR part 58, and must be recorded in
EPA’s Air Quality System (AQS). The
ozone monitors generally should have
remained at the same locations for the
duration of the monitoring period
required to demonstrate attainment (for
three years or more). The data
supporting attainment of the standard
3 The worst-case monitoring site-specific ozone
design value in the area or in its affected downwind
environs.
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must be complete in accordance with 40
CFR part 50, appendix I.
As part of the May 30, 2006 ozone
redesignation request, IDEM submitted
ozone monitoring data indicating the
highest four daily maximum 8-hour
ozone concentrations for each
monitoring site in LaPorte County (the
Michigan City and LaPorte ozone
monitoring sites) for each year during
the 2003–2005 period. These worst-case
ozone concentrations are part of the
quality-assured ozone data that have
been entered into EPA’s AQS. The
annual fourth-high 8-hour daily
maximum ozone concentrations, along
with their three-year averages are
summarized in Table 1.
TABLE 1.—FOURTH-HIGH 8-HOUR OZONE CONCENTRATIONS
[In parts per billion (ppb)]
Monitoring site
LaPorte .................................................................
LaPorte .................................................................
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County
Michigan City ........................................................
LaPorte .................................................................
These data show that the average
fourth-high daily maximum 8-hour
ozone concentrations for the monitoring
sites in LaPorte County are all below the
85 ppb ozone standard violation cut-off.
The data support the conclusion that
LaPorte County did not experience a
monitored violation of the 8-hour ozone
standard during the 2003–2005 period.
We also note that the 8-hour ozone
NAAQS continued to be attained in
LaPorte County through 2006. Data in
the AQS show that, in 2006, the
Michigan City monitor recorded a daily
maximum fourth-high 8-hour ozone
concentration of 75 ppb, and the
LaPorte monitor recorded a daily
maximum fourth-high 8-hour ozone
concentration of 69 ppb.
The State has committed to continue
ozone monitoring in this area during the
maintenance period, through 2020.
IDEM also commits to consult with the
EPA prior to making any changes in the
existing monitoring network.
During our review of the LaPorte
ozone monitoring data contained in
EPA’s AQS, we noted that the annual
percentages of reported daily maximum
8-hour ozone concentrations for the
LaPorte monitoring site during the
2003–2005 ozone seasons (April
through September in Indiana) were the
following: 90 percent in 2003; 65
percent in 2004; and 74 percent in 2005.
This is not consistent with the threeyear 90 percent annual average
completeness requirement and the 75
percent annual minimum completeness
requirement of 40 CFR part 50,
appendix I. It should be noted, however,
that appendix I provides for the
consideration of surrounding ozone
monitoring data to support alternative
conclusions regarding data
completeness. More specifically, it
provides that, when computing whether
the minimum data completeness
requirements have been met,
meteorological and ambient data may be
sufficient to demonstrate that
meteorological conditions on missing
data days were not conducive to peak
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2003
ozone concentrations above the level of
the standard. Missing days assumed to
have peak ozone concentrations less
than the standard are counted for
purposes of meeting the data
completeness requirements as having
valid maximum 8-hour ozone
concentrations.
On August 24, 2006, IDEM submitted
supplemental data and documentation
to support the conclusion that all days
in 2003, 2004, and 2005 with missing
ozone data were days in which the
ozone standard was likely to not have
been exceeded at the LaPorte site. We
believe that IDEM’s analysis supports an
assumption of data completeness for the
LaPorte monitoring site and, therefore,
agree that the LaPorte ozone data for
2003–2005 meet the data completeness
requirements. IDEM has appropriately
flagged the ozone data in the AQS for
this monitoring site supporting this
conclusion.
The data submitted by the State
demonstrate that LaPorte County has
attained the 8-hour ozone NAAQS.
Therefore, we propose to find that
LaPorte County has attained the 8-hour
ozone standard.
2. LaPorte 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
EPA has determined that Indiana has
met all currently applicable SIP
requirements for LaPorte County under
section 110 of the CAA (general SIP
requirements). EPA has also determined
that the Indiana SIP meets currently
applicable SIP requirements under part
D of title I of the CAA (requirements
specific to basic and subpart 2 ozone
nonattainment areas). See section
107(d)(3)(E)(v) of the CAA. In addition,
EPA has determined that the Indiana
SIP is fully approved with respect to all
applicable requirements. See section
107(d)(3)(E)(ii) of the CAA. In making
these determinations, EPA ascertained
what requirements are applicable to the
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82
84
2004
70
68
2005
84
89
Average
79
80
area, and determined that the applicable
portions of the SIP meeting these
requirements are fully approved under
section 110(k) of the CAA. We note that
SIPs must be fully approved only with
respect to currently applicable
requirements of the CAA, those CAA
requirements applicable to LaPorte
County at the time the State submitted
the final, complete ozone redesignation
request for this area.
a. LaPorte County Has Met All
Applicable Requirements Under Section
110 and Part D of the CAA
The September 4, 1992 Calcagni
memorandum 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 a
September 17, 1993 memorandum from
Michael Shapiro, Acting Assistant
Administrator for Air and Radiation,
‘‘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’’ and 66 FR 12459,
12465–12466 (March 7, 1995)
(redesignation of Detroit-Ann Arbor,
Michigan to attainment of the 1-hour
ozone NAAQS). Applicable
requirements of the CAA that come due
subsequent to the State’s submittal of a
complete redesignation request remain
applicable until a redesignation to
attainment of the standard 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).
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General SIP requirements: Section
110(a) of title I of the CAA contains the
general requirements for a SIP, which
include: enforceable emission
limitations and other control measures,
means, or techniques; provisions for the
establishment and operation of
appropriate devices necessary to collect
data on ambient air quality; and
programs to enforce the emission
limitations. SIP elements and
requirements are specified in section
110(a)(2) of title I, part A of the CAA.
These requirements and SIP elements
include, but are not limited to, the
following: (a) Submittal of a SIP that has
been adopted by the State after
reasonable public notice and a hearing;
(b) provisions for establishment and
operation of appropriate procedures
needed to monitor ambient air quality;
(c) implementation of a source permit
program; (d) provisions for the
implementation of new source part C
requirements (Prevention of Significant
Deterioration (PSD)) and new source
part D requirements (New Source
Review (NSR)); (e) criteria for stationary
source emission control measures,
monitoring, and reporting; (f) provisions
for air quality modeling; and, (g)
provisions for public and local agency
participation.
SIP requirements and elements are
discussed in the following EPA
documents: ‘‘Procedures for Processing
Requests to Redesignate Areas to
Attainment,’’ Memorandum from John
Calcagni, Director, Air Quality
Management Division, September 4,
1992; ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean
Air Act (CAA) Deadlines,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, October 28, 1992; and ‘‘State
Implementation Plan (SIP)
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) on or After
November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting
Assistant Administrator, September 17,
1993. See also other guidance
documents listed above.
Section 110(a)(2)(D) of the CAA
requires SIPs to contain certain
measures to prevent sources in one state
from significantly contributing to air
quality problems in another state. To
implement this provision, EPA required
states to establish programs to address
transport of air pollutants (NOX SIP call,
Clean Air Interstate Rule (CAIR)). EPA
has also found, generally, that states
have not submitted SIPs under section
110(a)(1) of the CAA to meet the
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interstate transport requirements of
section 110(a)(2)(D)(i) of the CAA (70 FR
21147, April 25, 2005). However, the
section 110(a)(2)(D) requirements for a
state are not linked with a particular
nonattainment area’s classification. EPA
believes that the requirements linked
with a particular nonattainment area’s
classification are the relevant measures
to evaluate in reviewing a redesignation
request. The transport SIP submittal
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area in the state.
We believe that these requirements
should not be construed to be applicable
requirements for purposes of
redesignation. Further, we believe that
the other section 110 elements
described above that are not connected
with nonattainment plan submissions
and that are not linked with an area’s
attainment status are also not applicable
requirements for purposes of
redesignation. A state remains subject to
these requirements after an area is
redesignated to attainment. We
conclude that only the section 110 and
part D requirements which are linked
with an area’s designation and
classification are the relevant measures
in evaluating this aspect of a
redesignation request. This approach is
consistent with EPA’s existing policy on
applicability of conformity and
oxygenated fuels requirements for
redesignation purposes, as well as with
section 184 ozone transport
requirements. See: Reading,
Pennsylvania proposed and final
rulemakings (61 FR 53174–53176,
October 10, 1996 and 62 FR 24826, May
7, 1997); Cleveland-Akron-Lorain, Ohio
final rulemaking (61 FR 20458, May 7,
1996); and Tampa, Florida final
rulemaking (60 FR 62748, December 7,
1995). See also the discussion on this
issue in the Cincinnati, Ohio ozone
redesignation (65 FR 37890, June 19,
2000), and the Pittsburgh, Pennsylvania
ozone redesignation (66 FR 50399,
October 19, 2001). In addition, Indiana’s
response to the CAIR rule was due in
September 2006. Because this deadline
had not yet passed when the State
submitted the final, complete
redesignation request, the State’s CAIR
submittal is also not an applicable
requirement for redesignation purposes.
We believe that section 110 elements
not linked to the area’s nonattainment
status are not applicable for purposes of
redesignation. Nonetheless, we also note
that EPA has previously approved
provisions in the Indiana SIP addressing
section 110 elements under the 1-hour
ozone standard. We have analyzed the
Indiana SIP as codified in 40 CFR 52,
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subpart P, and have determined that it
is consistent with the requirements of
section 110(a)(2) of the CAA. The SIP,
which has been adopted after reasonable
public notice and hearing, contains
enforceable emission limitations;
requires monitoring, compiling, and
analyzing ambient air quality data;
requires preconstruction review of new
major stationary sources and major
modifications of existing sources;
provides for adequate funding, staff, and
associated resources necessary to
implement its requirements; and,
requires stationary source emissions
monitoring and reporting, and otherwise
satisfies the applicable requirements of
section 110(a)(2).
Part D SIP requirements: EPA has
determined that the Indiana SIP meets
applicable SIP requirements under part
D of the CAA. Under part D, an area’s
classification (marginal, moderate,
serious, severe, and extreme) indicates
the requirements to which it will be
subject. Subpart 1 of part D, found in
sections 172–176 of the CAA, sets forth
the basic nonattainment area plan
requirements applicable to all
nonattainment areas. Subpart 2 of part
D, found in section 182 of the CAA,
establishes additional specific
requirements depending on the area’s
nonattainment classification.
Part D, subpart 1 requirements: For
purposes of evaluating this
redesignation request, the applicable
subpart 1 part D requirements for all
nonattainment areas are contained in
sections 172(c)(1)–(9) and 176. A
thorough discussion of the requirements
of section 172 can be found in the
General Preamble for Implementation of
Title I (57 FR 13498). (See also 68 FR
4852–4853 in a St. Louis ozone
redesignation notice of proposed
rulemaking for a discussion of section
172 requirements.)
As noted in a previous section of this
proposed rule, no requirements under
part D of the CAA came due for LaPorte
County prior to the State’s May 30, 2006
submittal of a complete redesignation
request. For example, the requirement
for an ozone attainment demonstration,
as contained in section 172(c)(1), was
not yet applicable, nor were the
requirements for Reasonably Available
Control Measures (RACM) and
Reasonably Available Control
Technology (RACT) (section 172(c)(1)),
Reasonable Further Progress (RFP)
(section 172(c)(2)), and attainment plan
and RFP contingency measures (section
172(c)(9)). All of these SIP elements
were required for submittal after May
30, 2006. Therefore, none of the part D
requirements are applicable to LaPorte
County for purposes of redesignation.
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Section 176 conformity requirements:
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that federallysupported or funded activities,
including highway projects, conform to
the air planning goals in the applicable
SIP. The requirement to determine
conformity applies to transportation
plans, programs, and projects
developed, funded, or approved under
Title 23 U.S.C. and the Federal Transit
Act (transportation conformity) as well
as to all other federally-supported or
funded projects (general conformity).
State conformity SIP revisions must be
consistent with Federal conformity
regulations that the CAA required the
EPA to promulgate.
In addition to the fact that part D
requirements did not become due prior
to Indiana’s submission of the complete
ozone redesignation request for LaPorte
County, and, therefore, are not
applicable for redesignation purposes,
EPA similarly believes that it is
reasonable to interpret the conformity
requirements as not applying for
purposes of evaluating the ozone
redesignation request under section
107(d) of the CAA. In addition, please
note that it is reasonable to interpret the
conformity requirements as not
applying for purposes of evaluating the
ozone redesignation request under
section 107(d) of the CAA because state
conformity rules are still required after
redesignation of an area to attainment of
a NAAQS and Federal conformity rules
apply where state rules have not been
approved. See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001). See also 60 FR
62748 (December 7, 1995) (Tampa,
Florida).
Part D, subpart 2 requirements:
Similar to the subpart 1 requirements,
EPA believes that the subpart 2
requirements that apply to LaPorte
County do not apply to a consideration
of Indiana’s ozone redesignation request
because the State submitted a complete
ozone redesignation request for LaPorte
County before any of the applicable
subpart 2 requirements became due.
The May 10, 1995 Seitz memorandum
(see ‘‘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) states that
certain SIP revisions need not be
submitted for EPA to approve a
redesignation request since the
requirements would no longer be
considered applicable requirements as
long as the area continues to attain the
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standard. As set forth in this policy,
EPA believes it is reasonable to interpret
the provisions regarding RFP and
attainment demonstrations, along with
certain other related provisions, as not
requiring further state submissions to
achieve attainment if an area is in fact
attaining the standard. In the May 10,
1995 memorandum, EPA articulated in
detail its interpretation that certain
requirements of subparts 1 and 2 are not
applicable once an area has attained the
standard, for as long as it continues to
do so.
The United States Court of Appeals
for the Tenth Circuit has upheld this
interpretation, Sierra Club v. EPA, 99
F.3d 1551 (10th Cir. 1996), as has the
U.S. Court of Appeals for the Seventh
Circuit. Sierra Club v. EPA, 375 F.3d
537 (7th Cir. 2004). In addition, EPA has
explained in rulemaking actions on the
1-hour ozone standard its rationale for
the reasonableness of this interpretation
of the CAA. See: 67 FR 49600 (July 31,
2002); 65 FR 37879 (June 19, 2000); 65
FR 3630, 3631–32 (January 24, 2000)
(Cincinnati-Hamilton, Ohio, Kentucky);
61 FR 20458 (May 7, 1996) (ClevelandAkron-Lorain, Ohio); 66 FR 53094
(October 19, 2001) (Pittsburgh-Beaver
Valley, Pennsylvania); 60 FR 37366
(July 20, 1995); 61 FR 31832–33 (June
21, 1996) (Grand Rapids, Michigan); 60
FR 36723 (July 18, 1995) (Salt Lake and
Davis Counties, Utah); 68 FR 4847,
4848, 4851, 4855 (January 30, 2003); 68
FR 25418 (May 12, 2003) (St. Louis,
Missouri); and, 66 FR 27484, 27486
(May 17, 2001) (Louisville, Kentucky).
EPA has also determined that areas
being redesignated need not comply
with the requirement that a New Source
Review (NSR) program be approved
prior to redesignation, provided that the
area demonstrates maintenance of the
standard without part D NSR, since
Prevention of Significant Deterioration
(PSD) requirements will apply after
redesignation. A more detailed rationale
for this view is described in a
memorandum from Mary Nichols,
Assistant Administrator for Air and
Radiation, dated October 14, 1994,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’ Indiana
has demonstrated that LaPorte County
will be able to maintain the 8-hour
ozone standard without part D NSR in
effect, and, therefore, we conclude that
the State need not have a fully approved
part D NSR program prior to approval of
the redesignation request. The State’s
PSD program will become effective in
LaPorte County upon redesignation to
attainment. See rulemakings for Detroit,
Michigan (60 FR 12467–12468, March 7,
1995); Cleveland-Akron-Lorain, Ohio
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19429
(61 FR 20458, 20469–20470, May 7,
1996); Louisville, Kentucky (66 FR
53665, October 23, 2001); Grand Rapids,
Michigan (61 FR 31834–31837, June 21,
1996).
We conclude that the State and
LaPorte County have satisfied all
applicable requirements under section
110 and part D of the CAA to the extent
that the requirements apply for the
purposes of reviewing the State’s ozone
redesignation request.
b. LaPorte County Has a Fully Approved
Applicable SIP Under Section 110(k) of
the CAA
EPA has fully approved the Indiana
SIP for LaPorte County under section
110(k) of the CAA for all applicable
requirements. EPA may rely on prior
SIP approvals in approving a
redesignation request (See the
September 4, 1992 John Calcagni
memorandum, page 3, Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–990 (6th
Cir. 1998), Wall v. EPA, 265 F.3d 426
(6th Cir. 2001)), plus any additional
measures it may approve in conjunction
with a redesignation action. See 68 FR
25426 (May 12, 2003). Since the passage
of the CAA of 1970, Indiana has adopted
and submitted, and EPA has fully
approved, provisions addressing the
various required SIP elements
applicable to LaPorte County for
purposes of redesignation. No LaPorte
County 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 review of the State’s
redesignation request. EPA has
concluded that the section 110 SIP
submission approved under the 1-hour
ozone standard will be adequate for
purposes of attaining and maintaining
the 8-hour standard. EPA also believes
that since the part D requirements did
not become due prior to Indiana’s
submission of a final, complete
redesignation request, they also are not
applicable requirements for purposes of
redesignation.
3. The Air Quality Improvement in
LaPorte 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
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quality improvement in LaPorte County
is due to permanent and enforceable
emission reductions resulting from
implementation of the SIP, Federal
measures, and other State-adopted
measures.
The State has documented the
changes in VOC and NOX emissions
monitored in violation of the 8-hour
ozone NAAQS during the period of
1996 through 1999 and monitored in
attainment with the NAAQS during the
period of 2003 through 2005. The VOC
and NOX emissions for LaPorte County
for various years during the period of
1996 through 2004 are given in Table 2.
from anthropogenic (man-made or manbased) sources in LaPorte County
between 1996 and 2004 and the changes
in NOX emissions from Electric
Generating Units (EGUs) in Northwest
Indiana (Jasper, Lake, LaPorte, and
Porter Counties) and statewide between
1999 and 2005. LaPorte County was
TABLE 2.—VOC AND NOX EMISSIONS TRENDS IN LAPORTE COUNTY FOR ANTHROPOGENIC SOURCES
[Emissions in tons/summer day]
Pollutant
1996
VOC .................................................................................................................................
NOX ..................................................................................................................................
The NOX emissions trends for EGUs
in Northwest Indiana and statewide for
Table 3. The NOX emissions for LaPorte
County and the EGU NOX emissions
from Northwest Indiana and statewide
have shown significant downward
trends from 1996 and 1999, 8-hour
1999
31.0
83.7
standard violation years, to 2004 and
2005, attainment years (and from 2002,
a violation year, to 2004, an attainment
year). IDEM notes that the NOX
emissions in Northwest Indiana and
statewide declined significantly as a
result of the implementation of the
2002
29.7
45.4
2004
24.5
71.6
24.0
44.4
Indiana NOX SIP (in response to EPA’s
NOX SIP call) and acid rain control
regulations, both of which led to
permanent, enforceable emission
reductions.
TABLE 3.—NOX EMISSION TRENDS FOR ELECTRIC GENERATING UNITS IN NORTHWEST AND INDIANA STATEWIDE
[Emissions in thousands of tons per ozone season (April–September)]
1999
2000
2001
2002
2003
2004
2005
Northwest Indiana ..........................................................................................................
Statewide .......................................................................................................................
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Area
31.8
149.8
25.0
133.9
27.4
136.1
22.7
114.0
18.0
99.3
11.8
66.6
10.6
55.5
As noted in Table 2, the total VOC
emissions in LaPorte County also
declined between 1996 and 2004. IDEM
notes that this emissions decline has
resulted despite an increase in point
source VOC emissions in this County
due to source growth. VOC emission
control measures have been
implemented in LaPorte County
constraining the impacts of new source
growth in this County. The State’s VOC
rules were adopted in the mid-1990s,
and include the following VOC control
rules: 326 Indiana Administrative Code
(IAC) 8–1–6 (Best Available Control
Technology (BACT) for non-specific
sources); 326 IAC 8–2 (surface coating
emission limitations); 326 IAC (organic
solvent degreasing operations); 326 IAC
8–4 (petroleum sources, including
storage, transport, and marketing
sources and petroleum refining); 326
IAC 8–5 (miscellaneous sources); and
326 IAC 8–6 (organic solvent emission
limitations). These VOC control rules
have been implemented statewide.
Compliance with these rules has
resulted in a decrease in point source
VOC emissions in LaPorte County,
offsetting some source growth, as well
as decreasing VOC emissions in the
remainder of Northwest Indiana and
statewide. The VOC emission
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reductions resulting from the
implementation of the VOC emission
control rules are permanent and
enforceable.
Since LaPorte County was not
previously designated as a 1-hour ozone
nonattainment area, no ozone precursor
emission controls were specifically
targeted at this County. Therefore,
statewide and Federal emission control
requirements have provided the
majority of the VOC and NOX emission
reductions in LaPorte County and in the
surrounding area.
Besides the statewide VOC RACT
rules and NOX emission control
requirements, other Federal emission
reduction requirements have resulted in
decreased ozone precursor emissions in
the Northwest Indiana area and/or will
produce future emission reductions that
will support maintenance of the ozone
standard in LaPorte County (see a more
detailed discussion on maintenance of
the 8-hour ozone standard in LaPorte
County below). These emission
reduction requirements include the
following:
Tier 2 Emission Standards for
Vehicles and Gasoline Sulfur Standards.
These emission control requirements
result in lower emissions from new cars
and light duty trucks, including sport
utility vehicles. The Federal rules are
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being phased in between 2004 and 2009.
The EPA has estimated that, by the end
of the phase-in period, the following
vehicle NOX emission reductions will
occur nation-wide: passenger cars (light
duty vehicles) (77 percent); light duty
trucks, minivans, and sports utility
vehicles (86 percent; and larger sports
utility vehicles, vans, and heavier trucks
(69 to 95 percent). VOC emission
reductions are also expected to range
from 12 to 18 percent, depending on
vehicle class, over the same period.
Although some of these emission
reductions have already occurred by the
2004 attainment year, most of these
emission reductions will occur during
the maintenance period for LaPorte
County.
Heavy-Duty Diesel Engines. In July
2000, EPA issued a final rule to control
the emissions from highway heavy duty
diesel engines, including low-sulfur
diesel fuel standards. These emission
reductions are being phased in between
2004 and 2007. This rule is expected to
result in a 40 percent decrease in NOX
emissions from heavy duty diesel
vehicles.
Non-Road Diesel Rule. Issued in May
2004, this rule generally applies to new
stationary diesel engines used in certain
industries, including construction,
agriculture, and mining. In addition to
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affecting engine design, this rule
includes requirements for cleaner fuels.
It is expected to reduce NOX emissions
from these engines by up to 90 percent,
and to significantly reduce particulate
matter and sulfur emissions from these
engines in addition to the NOX emission
reduction. This rule did not affect 2004
emissions from these sources, but will
limit emissions from new engines
beginning in 2008.
Indiana commits to maintain all
existing emission control measures that
affect LaPorte County after this area is
redesignated to attainment of the 8-hour
ozone NAAQS. All changes in existing
rules affecting LaPorte County and new
rules subsequently needed to provide
for the maintenance of the 8-hour ozone
NAAQS in LaPorte County will be
submitted to the EPA for approval as
SIP revisions.
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4. LaPorte County Has a Fully
Approvable Ozone Maintenance Plan
Pursuant to Section 175A of the CAA
In conjunction with its request to
redesignate LaPorte County to
attainment of the ozone NAAQS,
Indiana submitted a SIP revision request
to provide for maintenance of the 8-hour
ozone NAAQS in LaPorte County for at
least 10 years after the redesignation of
this area to attainment of the 8-hour
ozone NAAQS.
a. What Is Required in an Ozone
Maintenance Plan?
Section 175A of the CAA sets forth
the required elements of air quality
maintenance plans for areas seeking
redesignation from nonattainment to
attainment of a NAAQS. Under section
175A, a maintenance plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after the Administrator approves
the redesignation to attainment. Eight
years after the redesignation, the State
must submit a revised maintenance plan
which demonstrates maintenance of the
standard for 10 years following the
initial 10-year maintenance period. To
address the possibility of future NAAQS
violations, the maintenance plan must
contain such contingency measures,
with a schedule for implementation, as
EPA deems necessary, to assure prompt
correction of any future NAAQS
violations. The September 4, 1992 John
Calcagni memorandum provides
additional guidance on the content of
maintenance plans. An ozone
maintenance plan should, at minimum,
address the following items: (1) The
attainment VOC and NOX emissions
inventories; (2) a maintenance
demonstration showing maintenance for
the 10 years of the maintenance period;
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(3) a commitment to maintain the
existing monitoring network; (4) factors
and procedures to be used for
verification of continued attainment;
and, (5) a contingency plan to prevent
and/or correct a future violation of the
NAAQS.
b. What Are the Attainment Emission
Inventories for LaPorte County?
IDEM prepared comprehensive VOC
and NOX emission inventories for
LaPorte County, including point
(significant stationary sources), area
(smaller and widely-distributed
stationary sources), mobile on-road, and
mobile non-road sources for 2004 (the
base year/attainment year). To develop
the attainment year emission
inventories, IDEM used the following
approaches and sources of data:
Area Sources—Area source VOC and
NOX emissions were projected from
Indiana’s 2002 periodic emissions
inventory, which was previously
submitted to the EPA.
Mobile On-Road Sources—Mobile
source emissions were calculated using
the MOBILE6 emission factor model and
traffic data (vehicle miles traveled,
vehicle speeds, and vehicle type and age
distributions) extracted from the
region’s travel-demand model. IDEM
has provided detailed data summaries to
document the calculation of mobile onroad VOC and NOX emissions for 2004,
as well as for the projection years of
2010 and 2020 (further discussed
below).
Point Source Emissions—2004 point
source emissions were compiled using
IDEM’s 2004 annual emissions
statement database and the 2005 EPA
Air Markets acid rain emissions
inventory database.
Mobile Non-Road Emissions—Nonroad mobile source emissions were
estimated by the EPA and documented
in the 2002 National Emissions
Inventory (NEI). IDEM used these
emissions estimates along with growth
factors to grow the non-road mobile
source emissions to 2004. To address
concerns about the accuracy of some of
the emissions for various source
categories in EPA’s non-road emissions
model, the Lake Michigan Air Directors
Consortium (LADCO) contracted with
several companies to review the base
data used by the EPA and to make
recommendations for corrections to the
model. Emissions were estimated for
commercial marine vessels and
railroads. Recreational motorboat
population and spatial surrogates (used
to assign emissions to each county) were
updated. The populations for the
construction equipment category were
reviewed and updated based on surveys
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19431
completed in the Midwest, and the
temporal allocation for agricultural
sources was also updated. Based on
these and other updates, the EPA
provided a revised non-road estimation
model, which was used for the 2004
projected non-road mobile source
emissions.
The 2004 attainment year VOC and
NOX emissions for LaPorte County are
summarized along with the 2010 and
2020 projected emissions for this
County in Tables 4 and 5 below. They
confirm that the State has acceptably
derived and documented the attainment
year VOC and NOX emissions for
LaPorte County.
c. Demonstration of Maintenance
As part of the May 30, 2006
redesignation request submittal, IDEM
included a requested revision to the SIP
to incorporate a 10-year ozone
maintenance plan as required under
section 175A of the CAA. The
maintenance plan contains a
maintenance demonstration. This
demonstration shows maintenance of
the 8-hour ozone NAAQS by
documenting current and projected VOC
and NOX emissions and showing that
future emissions of VOC and NOX
remain at or below the attainment year
emission levels.4 Note that a
maintenance demonstration need not be
based on modeling. See Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), Sierra Club
v. EPA, 375 F.3d 537 (7th Cir. 2004). See
also 66 FR 53094, 53099–53100
(October 19, 2001) and 68 FR 25430–
25432 (May 12, 2003).
Table 4 specifies the VOC emissions
in LaPorte County for 2004, 2010, and
2020. IDEM chose 2020 as a projection
year to meet the 10-year maintenance
projection requirement, allowing several
years for the State to complete its
adoption of the ozone redesignation
request and ozone maintenance plan
and for the EPA to approve the
redesignation request and maintenance
plan. IDEM also chose 2010 as an
interim year to demonstrate that VOC
and NOX emissions will remain below
the attainment levels throughout the 10year maintenance period.
Table 5, similar to Table 4, specifies
the NOX emissions in LaPorte County
for 2004, 2010, and 2020. Together,
Tables 4 and 5 demonstrate that LaPorte
County should remain in attainment of
the 8-hour ozone NAAQS between 2004
and 2020, for more than 10 years after
EPA is expected to approve the
4 The attainment year can be any of the three
consecutive years in which the area has clean
(below violation level) air quality data (2003, 2004,
or 2005 for LaPorte County).
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redesignation of LaPorte County to
attainment of the 8-hour ozone NAAQS.
TABLE 4.—ATTAINMENT YEAR (2004) AND PROJECTED VOC EMISSIONS IN LAPORTE COUNTY
[Tons per summer day]
Year
Source sector
2004
2010
2020
Point .........................................................................................................................................................
Area .........................................................................................................................................................
On-Road Mobile .......................................................................................................................................
Off-Road Mobile .......................................................................................................................................
4.36
7.17
7.36
5.13
3.61
7.51
4.75
3.93
3.53
8.14
3.09
3.23
Total ..................................................................................................................................................
24.02
19.80
17.99
TABLE 5.—ATTAINMENT YEAR AND PROJECTED NOX EMISSIONS IN LAPORTE COUNTY
[Tons per summer day]
Year
Source sector
2004
2010
2020
4.80
1.13
28.52
9.96
4.15
1.20
17.15
7.57
3.63
1.26
5.91
6.41
Total ..................................................................................................................................................
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Point .........................................................................................................................................................
Area .........................................................................................................................................................
On-Road Mobile .......................................................................................................................................
Off-road Mobile ........................................................................................................................................
44.41
30.07
17.21
IDEM also notes that the State’s EGU
NOX emission control rules stemming
from EPA’s NOX SIP call, implemented
beginning in 2004, and CAIR will
further lower NOX emissions in upwind
areas, resulting in decreased ozone and
ozone precursor transport into LaPorte
County (the State did not project the
emission decreases resulting from CAIR
and did not document future NOX
emissions in upwind Counties). This
will also support maintenance of the
ozone standard in LaPorte County.
The emission projections for LaPorte
County coupled with the expected
impacts of the State’s EGU NOX rules
and CAIR lead to the conclusion that
LaPorte County should maintain the 8hour ozone standard throughout the 10year maintenance period. The decrease
in local VOC and local and regional
NOX emissions indicate that peak ozone
levels in LaPorte County may actually
further decline during the 10-year ozone
maintenance period.
IDEM has documented some of the
procedures used to project emissions.
On-road mobile sources were projected
using the MOBILE6 emission factor
model and projected traffic data
obtained from the Northwest Indiana
Regional Planning Commission (NIRPC),
who maintains a travel demand forecast
model that is capable of projecting
changes in total daily Vehicle Miles
Traveled (VMT). Emissions for the other
major source sectors were determined
using projected source activity/growth
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data provided by LADCO, as well as
major source emissions data obtained
periodically for all major sources
statewide. IDEM’s data demonstrate that
emissions projections for LaPorte
County are consistent with the planning
analyses being conducted to attain the
8-hour ozone and fine particle (PM2.5)
standards throughout Indiana and
throughout the Lake Michigan area.
Based on the comparison of the
projected emissions and the attainment
year emissions, we conclude that IDEM
has successfully demonstrated that the
8-hour ozone standard should be
maintained in LaPorte County. We
believe that this is especially likely
given the expected impacts of the NOX
SIP call and CAIR. As noted by IDEM,
this conclusion is further supported by
the fact that other states in the eastern
portion of the United States are
expected to further reduce regional NOX
emissions through implementation of
their own NOX emission control rules
for EGUs and other NOX sources and
through implementation of CAIR,
reducing ozone and NOX transport into
LaPorte County.
d. Monitoring Network
IDEM commits to continue operating
and maintaining an approved ozone
monitoring network in LaPorte County
in accordance with 40 CFR part 58
through the 10-year maintenance
period. This will allow the confirmation
of the maintenance of the 8-hour ozone
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standard in this area and the triggering
of contingency measures if needed.
e. Verification of Continued Attainment
Continued attainment of the 8-hour
ozone NAAQS in LaPorte County
depends on the State’s efforts toward
tracking applicable indicators during
the maintenance period. The State’s
plan for verifying continued attainment
of the 8-hour ozone standard in LaPorte
County consists, in part, of a plan 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
LaPorte County to assure that emissions
growth is not threatening the continued
attainment of the 8-hour ozone standard
in this area. Revised emission
inventories for this area will be
prepared for 2005, 2008, and 2011 as
necessary to comply with the emission
inventory reporting requirements
established in the CAA. The revised
emissions will be compared with the
2004 attainment emissions and the 2020
projected maintenance year emissions to
assure continued maintenance of the
ozone standard.
f. Contingency Plan
The contingency plan provisions of
the CAA are designed to result in
prompt correction or prevention of
violations of the NAAQS that might
occur after redesignation of an area to
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attainment of the NAAQS. Section 175A
of the CAA requires that a maintenance
plan include such contingency
measures as EPA deems necessary to
assure that the State will promptly
correct a violation of the NAAQS that
might occur after redesignation. The
maintenance plan must identify the
contingency measures to be considered
for possible adoption, a schedule and
procedure for adoption and
implementation of the selected
contingency measures, and a time limit
for action by the State. The State should
also identify specific indicators to be
used to determine when the
contingency measures need to be
adopted and implemented. The
maintenance plan must include a
requirement that the State will
implement all measures with respect to
control of the pollutant(s) that were
controlled in the SIP before the
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 to address a possible
future ozone air quality problem. The
contingency plan has two levels of
actions/responses depending on
whether a violation of the 8-hour ozone
standard is only threatened (Warning
Level Response) or has actually
occurred (Action Level Response).
A Warning Level Response will be
prompted whenever an annual (1-year)
fourth-high monitored daily peak 8-hour
ozone concentration of 89 ppb (or
greater) occurs at any monitor in
LaPorte County, or a 2-year averaged
annual fourth-high daily peak 8-hour
ozone concentration of 85 ppb or greater
occurs at any monitor in LaPorte
County. A Warning Level Response will
consist of a study to determine whether
the monitored ozone level indicates a
trend toward higher ozone levels or
whether emissions are increasing,
threatening a future violation of the
ozone NAAQS. The study will evaluate
whether the trend, if any, is likely to
continue, and, if so, emission control
measures necessary to reverse the trend
will be adopted, taking into
consideration the ease and timing of
implementation, as well as economic
and social considerations.
Implementation of necessary controls
will take place as expeditiously as
possible, but in no event later than 12
months from the conclusion of the most
recent ozone season. If new 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 be
triggered when a violation of the 8-hour
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ozone standard is monitored at any of
the monitors in LaPorte County (when
a 3-year average annual fourth-high
monitored daily peak 8-hour ozone
concentration of 85 ppb or higher is
recorded at any monitor in LaPorte
County). 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 within 18 months from
the close of the ozone season in which
the ozone standard violation is
monitored.
Adoption of any additional emission
control measures prompted by either of
the two response levels will be subject
to the necessary administrative and
legal processes dictated by State law.
This process will include publication of
public notices, providing the
opportunity for a public hearing, and
other measures required by Indiana law
for rulemaking by State environmental
boards. If a new emission control
measure is already promulgated and
scheduled for implementation at the
Federal or State level, and that emission
control measure is determined to be
sufficient to address the air quality
problem or adverse trend, additional
local emission control measures may be
determined to be unnecessary. IDEM
will submit to the EPA an analysis to
demonstrate that the proposed emission
control measures or existing emission
control measures are adequate to
provide for future attainment of the 8hour ozone NAAQS in LaPorte County.
Contingency measures contained in
the maintenance plan are those
emission controls or other measures that
the State may choose to adopt and
implement to correct existing or
possible air quality problems in LaPorte
County. 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 1999 CAA amendments;
iv. Application of RACT to smaller
existing sources;
v. Vehicle Inspection and
Maintenance (I/M);
vi. One or more Transportation
Control Measure (TCM) sufficient to
achieve at least a 0.5 percent reduction
in actual area-wide VOC emissions, to
be selected from the following:
A. Trip reduction programs,
including, but not limited to, employerbased transportation management plans,
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19433
area-wide rideshare programs, work
schedule programs, and telecommuting;
B. Transit improvement;
C. Traffic flow improvements; and,
D. Other new or innovative
transportation measures not yet in
widespread use that affect State and
local governments as deemed
appropriate;
vii. Alternative fuel and diesel retrofit
programs for fleet vehicle operations;
viii. Controls on consumer products
consistent with those adopted elsewhere
in the United States;
ix. VOC or NOX emission offsets for
new or modified major sources;
x. VOC or NOX emission offsets for
new or modified minor sources;
xi. Increased ratio of emission offset
required for new sources; and,
xii. VOC or NOX emission controls on
new minor sources (with VOC or NOX
emissions less than 100 tons per year).
g. Provisions for a Future Update of the
Ozone Maintenance Plan
As required by section 175A(b) of the
CAA, the State commits to submit to the
EPA an update of the ozone
maintenance plan eight years after
redesignation of LaPorte County to
attainment of the 8-hour ozone NAAQS.
The updated maintenance plan will
provide for maintenance of the 8-hour
ozone standard in LaPorte County for an
additional 10 years beyond the period
covered by the initial ozone
maintenance plan.
V. Has Indiana Adopted Acceptable
Motor Vehicle Emissions Budgets for
the End of the 10-Year Maintenance
Plan Which Can Be Used To Support
Conformity Determinations?
A. How Are the Motor Vehicle Emission
Budgets Developed and What Are the
Motor Vehicle Emission Budgets for
LaPorte County?
Under the CAA, states are required to
submit, at various times, SIP revisions
and ozone maintenance plans for
applicable areas (for ozone
nonattainment areas and for areas
seeking redesignations to attainment of
the ozone standard or revising existing
ozone maintenance plans). These
emission control SIP revisions (e.g.,
reasonable further progress and
attainment demonstration SIP
revisions), including ozone maintenance
plans, must create MVEBs based on onroad mobile source emissions allocated
to highway and transit vehicle use that,
together with emissions from other
sources in the area, will provide for
attainment or maintenance of the ozone
NAAQS.
Under 40 CFR part 93, MVEBs for an
area seeking a redesignation to
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attainment of the NAAQS are
established for the last year of the
maintenance plan. The MVEBs serve as
ceilings on emissions from an area’s
planned transportation system. The
MVEB concept is further explained in
the preamble to the November 24, 1993
transportation conformity rule (58 FR
62188). The preamble also describes
how to establish the MVEBs in the SIP
and how to revise the MVEBs if needed.
Under section 176(c) of the CAA, new
transportation projects, such as the
construction of new highways, must
‘‘conform’’ to (i.e., be consistent with)
the part of the SIP that addresses
emissions from cars and trucks.
Conformity to the SIP means that
transportation activities will not cause
new air quality standard violations, or
delay timely attainment of the NAAQS.
If a transportation plan does not
conform, most new transportation
projects that would expand the capacity
of roadways cannot go forward.
Regulations at 40 CFR part 93 set forth
EPA’s policy, criteria, and procedures
for demonstrating and assuring
conformity of transportation activities to
a SIP.
When reviewing SIP revisions
containing MVEBs, including
attainment strategies, rate-of-progress
plans, and maintenance plans, EPA
must affirmatively find that the MVEBs
are ‘‘adequate’’ for use in determining
transportation conformity. Once EPA
affirmatively finds the submitted
MVEBs to be adequate for transportation
conformity purposes, the MVEBs are
used by state and Federal agencies in
determining whether proposed
transportation projects conform to the
SIPs as required by section 176(c) of the
CAA. EPA’s substantive criteria for
determining the adequacy of MVEBs are
specified in 40 CFR 93.118(e)(4).
EPA’s process for determining
adequacy of MVEBs consists of three
basic steps: (1) Providing public
notification of a SIP submission; (2)
providing the public the opportunity to
comment on the MVEBs during a public
comment period; and, (3) making a
finding of adequacy. The process of
determining the adequacy of submitted
SIP MVEBs was initially outlined in
EPA’s May 14, 1999 guidance,
‘‘Conformity Guidance on
Implementation of March 2, 1999,
Conformity Court Decision.’’ This
guidance was finalized in the
Transportation Conformity Rule
Amendments for the ‘‘New 8-Hour
Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous
Revisions for Existing Areas:
Transportation Conformity Rule
Amendments—Response to Court
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Decision and Additional Rule Change’’
published on July 1, 2004 (69 FR
40004). EPA follows this guidance and
rulemaking in making its adequacy
determinations.
The Transportation Conformity Rule,
in 40 CFR 93.118(f), provides for MVEB
adequacy findings through two
mechanisms. First, section 93.118(f)(1)
provides for posting a notice to the EPA
conformity Web site at: https://
www.epa.gov/otaq/stateresources/
transconf/adequacy.htm and providing
a 30-day public comment period.
Second, a mechanism is described in 40
CFR 93.118(f)(2) which provides that
EPA can review the adequacy of an
implementation plan MVEB
simultaneously with its review of the
implementation plan itself.
The LaPorte County 10-year
maintenance plan contains VOC and
NOX MVEBs for 2020. EPA has
reviewed the submittal and the
proposed VOC and NOX MVEBs for
LaPorte County and finds that the
MVEBs meet the adequacy criteria in
the Transportation Conformity Rule.
Any and all comments on the
approvability of the MVEBs should be
submitted during the comment period
stated in the DATES section of this
notice.
EPA, through this rulemaking, is
proposing to approve the MVEBs for use
to determine transportation conformity
in LaPorte County because EPA has
determined that the budgets are
consistent with the control measures in
the SIP and that LaPorte County can
maintain attainment of the 8-hour ozone
NAAQS for the relevant required 10year period with mobile source
emissions at the levels of the MVEBs.
IDEM has determined the 2020 MVEBs
for LaPorte County to be 3.40 tons per
day for VOC and 6.50 tons per day for
NOX. It should be noted that these
MVEBs exceed the on-road mobile
source VOC and NOX emissions
projected by IDEM for 2020, as
summarized in Tables 4 and 5 above
(‘‘On-Road Mobile’’ source sector).
Through discussions with all
organizations involved in transportation
planning for LaPorte County, IDEM
decided to include safety margins of
0.31 tons per day for VOC and 0.59 tons
per day for NOX in the MVEBs to
provide for mobile source growth not
anticipated in the projected 2020
emissions. Indiana has demonstrated
that LaPorte County can maintain the 8hour ozone NAAQS with mobile source
emissions of 3.40 tons per day of VOC
and 6.50 tons per day of NOX in 2020
since total source emissions with the
increased mobile source emissions will
remain under the attainment year levels.
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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 Tables 4 and 5, LaPorte County
emissions are projected to have safety
margins of 7.03 tons per day for VOC
and 37.20 tons per day for NOX in 2020,
the difference between the 2004,
attainment year, and 2020 VOC and
NOX emissions for all sources in LaPorte
County.
The MVEBs requested by IDEM
contain mobile source safety margins
(selected by the State) significantly
smaller than the safety margins reflected
in the total emissions for LaPorte
County. The State is not requesting
allocation of the entire available safety
margins actually reflected in the
demonstration of maintenance (in
Tables 4 and 5). Therefore, even though
the State is requesting MVEBs that
exceed the on-road mobile source
emissions for 2020 contained in the
demonstration of maintenance, the
increase in on-road mobile source
emissions that can be considered for
transportation conformity purposes is
well within the safety margins of the
ozone maintenance demonstration.
C. Are the MVEBs Approvable?
The VOC and NOX MVEBs for LaPorte
County are approvable because they
maintain the total emissions for LaPorte
County at or below the attainment year
emission inventory levels, as required
by the transportation conformity
regulations.
VI. What Is the Effect of EPA’s Proposed
Action?
Approval of the redesignation request
would change the official designation of
LaPorte County for the 8-hour ozone
NAAQS, found at 40 CFR part 81, from
nonattainment to attainment. It would
also incorporate into the Indiana SIP a
plan for maintaining the ozone NAAQS
through 2020. The maintenance plan
includes contingency measures to
remedy possible future violations of the
8-hour ozone NAAQS, and establishes
MVEBs of 3.40 tons per day for VOC
and 6.50 tons per day for NOX.
VII. Statutory and Executive Order
Reviews
Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, September 30, 1993), this action
is not a ‘‘significant regulatory action’’
and, therefore, is not subject to review
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by the Office of Management and
Budget.
Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Paperwork Reduction Act
This proposed rule does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Regulatory Flexibility Act
This proposed action merely proposes
to approve state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Unfunded Mandates Reform Act
Because this rule proposes to approve
pre-existing requirements under state
law and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4).
Executive Order 13132: Federalism
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
national government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
proposes to approve a state rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act.
rmajette on PROD1PC67 with PROPOSALS
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
15:14 Apr 17, 2007
Jkt 211001
ENVIRONMENTAL PROTECTION
AGENCY
This proposed rule also is not subject
to Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
40 CFR Parts 52 and 81
[EPA–R05–OAR–2006–1022; FRL–8301–7]
Redesignation of the Ohio Portion of
the Youngstown Area to Attainment of
the 8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
AGENCY:
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant regulatory
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
SUMMARY: On February 15, 2007, the
Ohio Environmental Protection Agency
(Ohio EPA), submitted a request for a
redesignation of its portion of the
Youngstown area to attainment of the 8hour ozone National Ambient Air
Quality Standard (NAAQS), and a
request for EPA approval of an ozone
maintenance plan for Mahoning,
Trumbull, and Columbiana Counties,
Ohio. The State public hearing on the
submittal was held on January 9, 2007.
EPA is proposing to determine that
the Youngstown area has attained the 8hour ozone NAAQS. EPA believes that
the State’s ozone maintenance plan for
the area is acceptable and, in
conjunction with projected emissions in
the Pennsylvania portion of the area
(Mercer County), will provide for
maintenance of the 8-hour ozone
NAAQS in these Counties through 2018.
EPA is proposing approval of the State’s
request to redesignate Mahoning,
Trumbull, and Columbiana Counties,
Ohio to attainment of the 8-hour ozone
NAAQS. EPA is also proposing to
approve the Volatile Organic
Compounds (VOC) and Nitrogen Oxides
(NOX) Motor Vehicle Emission Budgets
(MVEBs) for Mahoning, Trumbull, and
Columbiana Counties, Ohio for
purposes of transportation conformity
determinations.
National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272,
requires Federal agencies to use
technical standards that are developed
or adopted by voluntary consensus to
carry out policy objectives, so long as
such standards are not inconsistent with
applicable law or otherwise impractical.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Absent a prior
existing requirement for the state to use
voluntary consensus standards, EPA has
no authority to disapprove a SIP
submission for failure to use such
standards, and it would thus be
inconsistent with applicable law for
EPA to use voluntary consensus
standards in place of a program
submission that otherwise satisfies the
provisions of the Clean Air Act.
Therefore, the requirements of section
12(d) of the NTTAA do not apply.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
VerDate Aug<31>2005
19435
40 CFR Part 81
Air pollution control, Environmental
protection, National parks, Wilderness
areas.
Dated: April 6, 2007.
Walter W. Kovalick,
Acting Regional Administrator, Region 5.
[FR Doc. E7–7348 Filed 4–17–07; 8:45 am]
BILLING CODE 6560–50–P
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Comments must be received on
or before May 18, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2006–1022, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: mooney.john@epa.gov.
• Fax: (312) 886–5824.
• Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
• Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
DATES:
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]]>Agencies
[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Proposed Rules]
[Pages 19424-19435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7348]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2006-0459; FRL-8301-9]
Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Indiana; Redesignation of the LaPorte County 8-Hour
Nonattainment Area to Attainment for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On May 30, 2006, the Indiana Department of Environmental
Management (IDEM) submitted a request for EPA approval of a
redesignation of LaPorte County to attainment of the 8-hour ozone
National Ambient Air Quality Standard (NAAQS) and of an ozone
maintenance plan for LaPorte County as a revision to the Indiana State
Implementation Plan (SIP). EPA is proposing to approve Indiana's
request and maintenance plan SIP revision. EPA is also proposing to
approve the Volatile Organic Compounds (VOC) and Nitrogen Oxides
(NOX) Motor Vehicle Emission Budgets (MVEBs) for LaPorte
County, as supported by the ozone maintenance plan for this County, for
purposes of conformity determinations.
DATES: Comments must be received on or before May 18, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0459, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 886-5824.
Mail: John M. Mooney, Chief, Criteria Pollutant Section,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois. Such deliveries
are only accepted during the Regional Office's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office's official hours of operation
are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0459. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI, or otherwise protected, through www.regulations.gov or e-mail.
The www.regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters and any form of
encryption, and should be free of any defects or viruses
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hardcopy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hardcopy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
It is recommended that you telephone Edward Doty, Environmental
Scientist, at (312) 886-6057, before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6057, doty.edward@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA. This supplementary
information section is arranged as follows:
I. What Action Is EPA Proposing To Take?
II. What Is the Background for This Action?
III. What Are the Criteria for Redesignation to Attainment?
IV. What Are EPA's Analyses of the State's Requests and What Are the
Bases for EPA's Proposed Action?
V. Has Indiana Adopted Acceptable Motor Vehicle Emissions Budgets
for the End of the 10-Year Maintenance Plan Which Can Be Used To
Support Conformity Determinations?
VI. What Is the Effect of EPA's Proposed Action?
VII. Statutory and Executive Order Reviews
I. What Action Is EPA Proposing To Take?
We are proposing to take several related actions for LaPorte
County. First, we are proposing to determine that LaPorte County has
attained the 8-hour ozone NAAQS based on air quality for the period of
2003 through 2005. Second, we are proposing to approve Indiana's ozone
maintenance plan for LaPorte County as a requested revision to the
Indiana SIP. The maintenance plan is designed to keep LaPorte County in
attainment of the 8-hour ozone standard for the next 14 years, through
2020. As supported by and consistent with the ozone maintenance plan,
we are also proposing to approve the 2020 VOC and NOX MVEBs
for LaPorte County for conformity purposes. Finally, we are proposing
to approve the request from the State of Indiana to change the
designation of LaPorte County from nonattainment to attainment of the
8-hour ozone NAAQS. We have determined that the State and LaPorte
County have met the
[[Page 19425]]
requirements for redesignation to attainment under section 107(d)(3)(E)
of the Clean Air Act (CAA).
II. What Is the Background for This Action?
A. General Background Information
EPA has determined that ground-level ozone is detrimental to human
health. On July 18, 1997, EPA promulgated an 8-hour ozone NAAQS of 0.08
parts per million parts of air (0.08 ppm) (80 parts per billion (ppb))
(62 FR 38856).\1\ This 8-hour ozone standard replaced a prior 1-hour
ozone NAAQS, which had been promulgated on February 8, 1979 (44 FR
8202), and which EPA revoked on June 15, 2005 (69 FR 23858).
---------------------------------------------------------------------------
\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. See 40 CFR 50.10.
---------------------------------------------------------------------------
Ground-level ozone is not emitted directly by sources. Rather,
emitted NOX and VOC react in the presence of sunlight to
form ground-level ozone along with other secondary compounds.
NOX and VOC are referred to as ``ozone precursors.'' Control
of ground-level ozone concentrations is achieved through controlling
VOC and NOX emissions.
Section 107 of the CAA required EPA to designate as nonattainment
any area that violates the 8-hour ozone NAAQS. The Federal Register
notice promulgating the 8-hour ozone designations and classifications
was published on April 30, 2004 (69 FR 23857).
The CAA contains two sets of provisions--subpart 1 and subpart 2--
that address planning and emission control requirements for
nonattainment areas. Both are found in title I, part D of the CAA.
Subpart 1 contains general, less prescriptive requirements for all
nonattainment areas for any pollutant governed by a NAAQS. Subpart 2
contains more specific requirements for certain ozone nonattainment
areas, and applies to ozone nonattainment areas classified under
section 181 of the CAA.
In the April 30, 2004 designation rulemaking, EPA divided 8-hour
ozone nonattainment areas into the categories of subpart 1
nonattainment (``basic'' nonattainment) and subpart 2 nonattainment
(``classified'' nonattainment). EPA based this division on the areas 8-
hour ozone design values (i.e., on the three-year averages of the
annual fourth-highest daily maximum 8-hour ozone concentrations at the
worst-case monitoring sites in the areas) and on their 1-hour ozone
design values (i.e., on the fourth-highest daily maximum 1-hour ozone
concentrations over the three-year period at the worst-case monitoring
sites in the areas).\2\ EPA classified 8-hour ozone nonattainment areas
with 1-hour ozone design values equaling or exceeding 121 ppb as
subpart 2, classified nonattainment areas. EPA classified all other 8-
hour nonattainment areas as subpart 1, basic nonattainment areas. The
basis for area classification was defined in a separate April 30, 2004,
final rule (the Phase 1 implementation rule) (69 FR 23951).
---------------------------------------------------------------------------
\2\ The 8-hour ozone design value and the 1-hour ozone design
value for each area were not necessarily recorded at the same
monitoring site. The worst-case monitoring site for each ozone
concentration averaging time was considered for each area.
---------------------------------------------------------------------------
Emission control requirements for classified nonattainment areas
are linked to area classifications. Areas with more serious ozone
pollution problems are subject to more prescribed requirements and
later attainment dates. The prescribed emission control requirements
are designed to bring areas into attainment by their specified
attainment dates.
In the April 30, 2004, ozone designation/classification rulemaking,
EPA designated LaPorte County as a subpart 2 moderate nonattainment
area for the 8-hour ozone NAAQS. This designation was based on ozone
data collected during the 2001-2003 period. On September 22, 2004 (69
FR 56697), EPA revised the designation of LaPorte County to subpart 2
marginal nonattainment.
On May 30, 2006, the State of Indiana requested redesignation of
LaPorte County to attainment of the 8-hour ozone NAAQS based on ozone
data collected in LaPorte County during the 2003-2005 period. On August
24, 2006, IDEM submitted a summary of an ozone data review and
supplementary ozone data to address a shortfall in the data supporting
the ozone redesignation request.
B. What Is the Impact of the December 22, 2006 United States Court of
Appeals Decision Regarding EPA's Phase 1 Implementation Rule?
On December 22, 2006, the United States Court of Appeals for the
District of Columbia Circuit (the Court) vacated EPA's Phase 1
implementation rule (Phase 1 Rule) for the 8-hour ozone standard (69 FR
23951, April 30, 2004). South Coast Air Quality Management Dist. v.
EPA, 472 F.3d 882 (D.C. Cir. 2006). The Court held that certain
provisions of EPA's Phase 1 Rule were inconsistent with the
requirements of the CAA. The Court rejected EPA's reasons for
implementing the 8-hour ozone standard in nonattainment areas under
subpart 1 in lieu of subpart 2 of Title I, part D of the CAA. The Court
also held that EPA improperly failed to retain four measures required
for 1-hour ozone nonattainment areas under the anti-backsliding
provisions of the regulations: (1) Nonattainment area New Source Review
(NSR) requirements based on an area's 1-hour nonattainment
classification; (2) section 185 penalty fees for 1-hour severe or
extreme ozone nonattainment areas; (3) measures to be implemented
pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making reasonable further progress toward
attainment of the 1-hour ozone NAAQS, or failing to attain that NAAQS;
and, (4) conformity requirements for certain types of Federal actions.
The Court upheld EPA's authority to revoke the 1-hour ozone standard
provided that there were adequate anti-backsliding provisions.
This section sets forth EPA's views on the potential effect of the
Court's ruling on this redesignation action. For the reasons set forth
below, EPA does not believe that the Court's ruling alters any
requirements relevant to this redesignation action so as to preclude
redesignation, and does not prevent EPA from finalizing this
redesignation. EPA believes that the Court's decision, as it currently
stands or as it may be modified based on any petition for rehearing
that has been filed, imposes no impediment to moving forward with
redesignation of this area to attainment, because in either
circumstance redesignation is appropriate under the relevant
redesignation provisions of the CAA and longstanding policies regarding
redesignation requests.
With respect to the 8-hour ozone standard, LaPorte County is
classified as moderate nonattainment under subpart 2 of the CAA. We do
not believe that any part of the Court's opinion would require that
this subpart 2 classification be changed upon remand to EPA. However,
even assuming for present purposes that LaPorte County would become
subject to a different classification under a classification scheme
created in a future rule in response to the Court's decision, this
would not prevent EPA from finalizing a redesignation for this area.
For the reasons set forth below, we believe that any additional
requirements that might apply based on that different classification
would not be applicable for purposes of evaluating the redesignation
request.
This belief is based on: (1) EPA's longstanding policy of
evaluating
[[Page 19426]]
redesignation requests in accordance with only the requirements due at
the time the complete redesignation request was submitted; and, (2)
consideration of the inequity of retroactively applying any
requirements that might be applied in the future.
First, at the time the complete redesignation request was submitted
(May 30, 2006), LaPorte County was classified under subpart 2 and was
required to meet the subpart 2 requirements. Under EPA's longstanding
interpretation of section 107(d)(3)(E) of the CAA, to qualify for
redesignation, states requesting redesignation to attainment must meet
only the relevant SIP requirements that came due prior to the submittal
of complete redesignation requests. September 4, 1992 Calcagni
memorandum (``Procedures for Processing Requests to Redesignate Areas
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division). See also: September 17, 1993 Shapiro memorandum
(``State Implementation Plan (SIP) Requirements for Areas Submitting
Requests for Redesignation to Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air Quality Standard (NAAQS) on or after
November 15, 1992,'' Memorandum from Michael H. Shapiro, Acting
Assistant Administrator, Air and Radiation Division); 60 FR 12459,
12465-12466 (March 7, 1995) (redesignation of Detroit-Ann Arbor);
Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004), which upheld this
interpretation; and, 68 FR 25418, 25424, 25427 (May 12, 2003)
(redesignation of St. Louis). At the time the redesignation request for
LaPorte County was submitted, the area was not classified under subpart
1 and no subpart 1 requirements were applicable for purposes of
redesignation.
Second, it would be inequitable to retroactively apply any new SIP
requirements that were not applicable at the time the complete
redesignation request was submitted, but which might later become
applicable. The D.C. Circuit has recognized the inequity of such
retroactive rulemaking. See Sierra Club v. Whitman, 285 F.3d 63 (D.C.
Cir. 2002), in which the D.C. Circuit upheld a District Court's ruling
refusing to make retroactive an EPA determination of nonattainment that
was past the statutory attainment deadline. Such a determination would
have resulted in the imposition of additional requirements on the area.
The Court stated: ``Although EPA failed to make the nonattainment
determination within the statutory time frame, Sierra Club's proposed
solution only makes the situation worse. Retroactive relief would
likely impose large costs on the States, which would face fines and
suits for not implementing air pollution plans in 1997, even though
they were not on notice at the time.'' Id. at 68. Similarly, here it
would be unfair to penalize the area by applying to it for purposes of
redesignation additional requirements under subpart 1 that were not in
effect at the time Indiana submitted its redesignation request, but
that might apply in the future.
Because LaPorte County was designated as Unclassifiable/Attainment
under the 1-hour ozone standard and was never designated nonattainment
for the 1-hour ozone standard, there are no outstanding 1-hour
nonattainment area requirements that LaPorte County would be required
to meet. Thus, we find that the Court's ruling does not result in any
additional 1-hour requirements for purposes of redesignation of LaPorte
County.
III. 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) of the CAA
authorizes redesignation provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved an applicable state implementation
plan for the area under section 110(k) of the CAA; (3) the
Administrator determines that the improvement in air quality is due to
permanent and enforceable emission reductions resulting from
implementation of the applicable SIP, Federal air pollution control
regulations, and other permanent and enforceable emission reductions;
(4) the Administrator has fully approved a maintenance plan for the
area meeting the requirements of section 175A of the CAA; and, (5) the
state containing the area has met all requirements applicable to the
area under section 110 and part D of the CAA.
EPA provided guidance on redesignations in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990 on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070). The two main policy guidelines affecting the review
of ozone redesignation requests are the following: ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992 (September 4, 1992 Calcagni memorandum); and,
``Reasonable Further Progress, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas Meeting the Ozone National
Ambient Air Quality Standard,'' Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, May 10, 1995.
For additional policy guidelines used in the review of ozone
redesignation requests, see our proposed rule for the redesignation of
the Evansville, Indiana ozone nonattainment area at 70 FR 53606
(September 9, 2005).
IV. What Are EPA's Analyses of the State's Requests and What Are the
Bases for EPA's Proposed Action?
EPA is proposing to: (1) Determine that LaPorte County has attained
the 8-hour ozone standard; (2) approve the ozone maintenance plan for
this County and the VOC and NOX MVEBs supported by this
maintenance plan; and, (3) approve the redesignation of this County to
attainment of the 8-hour ozone NAAQS. The bases for our proposed
determination and approvals follow.
1. LaPorte 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, based on the most recent
three complete, consecutive calendar years of quality-assured air
quality monitoring data at all ozone monitoring sites in the area and
in its nearby downwind environs. To attain this standard, the average
of the annual fourth-high daily maximum 8-hour average ozone
concentrations measured and recorded at each monitor (the monitoring
site's ozone design value) within the area and in its nearby downwind
environs over the three-year period must not exceed the ozone standard.
Based on an ozone data rounding convention described in 40 CFR part 50,
appendix I, the 8-hour standard is attained if the area's ozone design
value \3\ is 0.084 ppm (84 ppb) or lower. The data must be collected
and quality-assured in accordance with 40 CFR part 58, and must be
recorded in EPA's Air Quality System (AQS). The ozone monitors
generally should have remained at the same locations for the duration
of the monitoring period required to demonstrate attainment (for three
years or more). The data supporting attainment of the standard
[[Page 19427]]
must be complete in accordance with 40 CFR part 50, appendix I.
---------------------------------------------------------------------------
\3\ The worst-case monitoring site-specific ozone design value
in the area or in its affected downwind environs.
---------------------------------------------------------------------------
As part of the May 30, 2006 ozone redesignation request, IDEM
submitted ozone monitoring data indicating the highest four daily
maximum 8-hour ozone concentrations for each monitoring site in LaPorte
County (the Michigan City and LaPorte ozone monitoring sites) for each
year during the 2003-2005 period. These worst-case ozone concentrations
are part of the quality-assured ozone data that have been entered into
EPA's AQS. The annual fourth-high 8-hour daily maximum ozone
concentrations, along with their three-year averages are summarized in
Table 1.
Table 1.--Fourth-High 8-Hour Ozone Concentrations
[In parts per billion (ppb)]
----------------------------------------------------------------------------------------------------------------
County Monitoring site 2003 2004 2005 Average
----------------------------------------------------------------------------------------------------------------
LaPorte................................... Michigan City............... 82 70 84 79
LaPorte................................... LaPorte..................... 84 68 89 80
----------------------------------------------------------------------------------------------------------------
These data show that the average fourth-high daily maximum 8-hour
ozone concentrations for the monitoring sites in LaPorte County are all
below the 85 ppb ozone standard violation cut-off. The data support the
conclusion that LaPorte County did not experience a monitored violation
of the 8-hour ozone standard during the 2003-2005 period.
We also note that the 8-hour ozone NAAQS continued to be attained
in LaPorte County through 2006. Data in the AQS show that, in 2006, the
Michigan City monitor recorded a daily maximum fourth-high 8-hour ozone
concentration of 75 ppb, and the LaPorte monitor recorded a daily
maximum fourth-high 8-hour ozone concentration of 69 ppb.
The State has committed to continue ozone monitoring in this area
during the maintenance period, through 2020. IDEM also commits to
consult with the EPA prior to making any changes in the existing
monitoring network.
During our review of the LaPorte ozone monitoring data contained in
EPA's AQS, we noted that the annual percentages of reported daily
maximum 8-hour ozone concentrations for the LaPorte monitoring site
during the 2003-2005 ozone seasons (April through September in Indiana)
were the following: 90 percent in 2003; 65 percent in 2004; and 74
percent in 2005. This is not consistent with the three-year 90 percent
annual average completeness requirement and the 75 percent annual
minimum completeness requirement of 40 CFR part 50, appendix I. It
should be noted, however, that appendix I provides for the
consideration of surrounding ozone monitoring data to support
alternative conclusions regarding data completeness. More specifically,
it provides that, when computing whether the minimum data completeness
requirements have been met, meteorological and ambient data may be
sufficient to demonstrate that meteorological conditions on missing
data days were not conducive to peak ozone concentrations above the
level of the standard. Missing days assumed to have peak ozone
concentrations less than the standard are counted for purposes of
meeting the data completeness requirements as having valid maximum 8-
hour ozone concentrations.
On August 24, 2006, IDEM submitted supplemental data and
documentation to support the conclusion that all days in 2003, 2004,
and 2005 with missing ozone data were days in which the ozone standard
was likely to not have been exceeded at the LaPorte site. We believe
that IDEM's analysis supports an assumption of data completeness for
the LaPorte monitoring site and, therefore, agree that the LaPorte
ozone data for 2003-2005 meet the data completeness requirements. IDEM
has appropriately flagged the ozone data in the AQS for this monitoring
site supporting this conclusion.
The data submitted by the State demonstrate that LaPorte County has
attained the 8-hour ozone NAAQS. Therefore, we propose to find that
LaPorte County has attained the 8-hour ozone standard.
2. LaPorte 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
EPA has determined that Indiana has met all currently applicable
SIP requirements for LaPorte County under section 110 of the CAA
(general SIP requirements). EPA has also determined that the Indiana
SIP meets currently applicable SIP requirements under part D of title I
of the CAA (requirements specific to basic and subpart 2 ozone
nonattainment areas). See section 107(d)(3)(E)(v) of the CAA. In
addition, EPA has determined that the Indiana SIP is fully approved
with respect to all applicable requirements. See section
107(d)(3)(E)(ii) of the CAA. In making these determinations, EPA
ascertained what requirements are applicable to the area, and
determined that the applicable portions of the SIP meeting these
requirements are fully approved under section 110(k) of the CAA. We
note that SIPs must be fully approved only with respect to currently
applicable requirements of the CAA, those CAA requirements applicable
to LaPorte County at the time the State submitted the final, complete
ozone redesignation request for this area.
a. LaPorte County Has Met All Applicable Requirements Under Section 110
and Part D of the CAA
The September 4, 1992 Calcagni memorandum 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 a September 17, 1993 memorandum from
Michael Shapiro, Acting Assistant Administrator for Air and Radiation,
``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'' and 66 FR 12459, 12465-12466 (March 7, 1995)
(redesignation of Detroit-Ann Arbor, Michigan to attainment of the 1-
hour ozone NAAQS). Applicable requirements of the CAA that come due
subsequent to the State's submittal of a complete redesignation request
remain applicable until a redesignation to attainment of the standard
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).
[[Page 19428]]
General SIP requirements: Section 110(a) of title I of the CAA
contains the general requirements for a SIP, which include: enforceable
emission limitations and other control measures, means, or techniques;
provisions for the establishment and operation of appropriate devices
necessary to collect data on ambient air quality; and programs to
enforce the emission limitations. SIP elements and requirements are
specified in section 110(a)(2) of title I, part A of the CAA. These
requirements and SIP elements include, but are not limited to, the
following: (a) Submittal of a SIP that has been adopted by the State
after reasonable public notice and a hearing; (b) provisions for
establishment and operation of appropriate procedures needed to monitor
ambient air quality; (c) implementation of a source permit program; (d)
provisions for the implementation of new source part C requirements
(Prevention of Significant Deterioration (PSD)) and new source part D
requirements (New Source Review (NSR)); (e) criteria for stationary
source emission control measures, monitoring, and reporting; (f)
provisions for air quality modeling; and, (g) provisions for public and
local agency participation.
SIP requirements and elements are discussed in the following EPA
documents: ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992; ``State Implementation Plan
(SIP) Actions Submitted in Response to Clean Air Act (CAA) Deadlines,''
Memorandum from John Calcagni, Director, Air Quality Management
Division, October 28, 1992; and ``State Implementation Plan (SIP)
Requirements for Areas Submitting Requests for Redesignation to
Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) on or After November 15, 1992,'' Memorandum
from Michael H. Shapiro, Acting Assistant Administrator, September 17,
1993. See also other guidance documents listed above.
Section 110(a)(2)(D) of the CAA requires SIPs to contain certain
measures to prevent sources in one state from significantly
contributing to air quality problems in another state. To implement
this provision, EPA required states to establish programs to address
transport of air pollutants (NOX SIP call, Clean Air
Interstate Rule (CAIR)). EPA has also found, generally, that states
have not submitted SIPs under section 110(a)(1) of the CAA to meet the
interstate transport requirements of section 110(a)(2)(D)(i) of the CAA
(70 FR 21147, April 25, 2005). However, the section 110(a)(2)(D)
requirements for a state are not linked with a particular nonattainment
area's classification. EPA believes that the requirements linked with a
particular nonattainment area's classification are the relevant
measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the state.
We believe that these requirements should not be construed to be
applicable requirements for purposes of redesignation. Further, we
believe that the other section 110 elements described above that are
not connected with nonattainment plan submissions and that are not
linked with an area's attainment status are also not applicable
requirements for purposes of redesignation. A state remains subject to
these requirements after an area is redesignated to attainment. We
conclude that only the section 110 and part D requirements which are
linked with an area's designation and classification are the relevant
measures in evaluating this aspect of a redesignation request. This
approach is consistent with EPA's existing policy on applicability of
conformity and oxygenated fuels requirements for redesignation
purposes, as well as with section 184 ozone transport requirements.
See: Reading, Pennsylvania proposed and final rulemakings (61 FR 53174-
53176, October 10, 1996 and 62 FR 24826, May 7, 1997); Cleveland-Akron-
Lorain, Ohio final rulemaking (61 FR 20458, May 7, 1996); and Tampa,
Florida final rulemaking (60 FR 62748, December 7, 1995). See also the
discussion on this issue in the Cincinnati, Ohio ozone redesignation
(65 FR 37890, June 19, 2000), and the Pittsburgh, Pennsylvania ozone
redesignation (66 FR 50399, October 19, 2001). In addition, Indiana's
response to the CAIR rule was due in September 2006. Because this
deadline had not yet passed when the State submitted the final,
complete redesignation request, the State's CAIR submittal is also not
an applicable requirement for redesignation purposes.
We believe that section 110 elements not linked to the area's
nonattainment status are not applicable for purposes of redesignation.
Nonetheless, we also note that EPA has previously approved provisions
in the Indiana SIP addressing section 110 elements under the 1-hour
ozone standard. We have analyzed the Indiana SIP as codified in 40 CFR
52, subpart P, and have determined that it is consistent with the
requirements of section 110(a)(2) of the CAA. The SIP, which has been
adopted after reasonable public notice and hearing, contains
enforceable emission limitations; requires monitoring, compiling, and
analyzing ambient air quality data; requires preconstruction review of
new major stationary sources and major modifications of existing
sources; provides for adequate funding, staff, and associated resources
necessary to implement its requirements; and, requires stationary
source emissions monitoring and reporting, and otherwise satisfies the
applicable requirements of section 110(a)(2).
Part D SIP requirements: EPA has determined that the Indiana SIP
meets applicable SIP requirements under part D of the CAA. Under part
D, an area's classification (marginal, moderate, serious, severe, and
extreme) indicates the requirements to which it will be subject.
Subpart 1 of part D, found in sections 172-176 of the CAA, sets forth
the basic nonattainment area plan requirements applicable to all
nonattainment areas. Subpart 2 of part D, found in section 182 of the
CAA, establishes additional specific requirements depending on the
area's nonattainment classification.
Part D, subpart 1 requirements: For purposes of evaluating this
redesignation request, the applicable subpart 1 part D requirements for
all nonattainment areas are contained in sections 172(c)(1)-(9) and
176. A thorough discussion of the requirements of section 172 can be
found in the General Preamble for Implementation of Title I (57 FR
13498). (See also 68 FR 4852-4853 in a St. Louis ozone redesignation
notice of proposed rulemaking for a discussion of section 172
requirements.)
As noted in a previous section of this proposed rule, no
requirements under part D of the CAA came due for LaPorte County prior
to the State's May 30, 2006 submittal of a complete redesignation
request. For example, the requirement for an ozone attainment
demonstration, as contained in section 172(c)(1), was not yet
applicable, nor were the requirements for Reasonably Available Control
Measures (RACM) and Reasonably Available Control Technology (RACT)
(section 172(c)(1)), Reasonable Further Progress (RFP) (section
172(c)(2)), and attainment plan and RFP contingency measures (section
172(c)(9)). All of these SIP elements were required for submittal after
May 30, 2006. Therefore, none of the part D requirements are applicable
to LaPorte County for purposes of redesignation.
[[Page 19429]]
Section 176 conformity requirements: Section 176(c) of the CAA
requires states to establish criteria and procedures to ensure that
federally-supported or funded activities, including highway projects,
conform to the air planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects developed, funded, or approved under Title 23
U.S.C. and the Federal Transit Act (transportation conformity) as well
as to all other federally-supported or funded projects (general
conformity). State conformity SIP revisions must be consistent with
Federal conformity regulations that the CAA required the EPA to
promulgate.
In addition to the fact that part D requirements did not become due
prior to Indiana's submission of the complete ozone redesignation
request for LaPorte County, and, therefore, are not applicable for
redesignation purposes, EPA similarly believes that it is reasonable to
interpret the conformity requirements as not applying for purposes of
evaluating the ozone redesignation request under section 107(d) of the
CAA. In addition, please note that it is reasonable to interpret the
conformity requirements as not applying for purposes of evaluating the
ozone redesignation request under section 107(d) of the CAA because
state conformity rules are still required after redesignation of an
area to attainment of a NAAQS and Federal conformity rules apply where
state rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th
Cir. 2001). See also 60 FR 62748 (December 7, 1995) (Tampa, Florida).
Part D, subpart 2 requirements: Similar to the subpart 1
requirements, EPA believes that the subpart 2 requirements that apply
to LaPorte County do not apply to a consideration of Indiana's ozone
redesignation request because the State submitted a complete ozone
redesignation request for LaPorte County before any of the applicable
subpart 2 requirements became due.
The May 10, 1995 Seitz memorandum (see ``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) states that certain SIP
revisions need not be submitted for EPA to approve a redesignation
request since the requirements would no longer be considered applicable
requirements as long as the area continues to attain the standard. As
set forth in this policy, EPA believes it is reasonable to interpret
the provisions regarding RFP and attainment demonstrations, along with
certain other related provisions, as not requiring further state
submissions to achieve attainment if an area is in fact attaining the
standard. In the May 10, 1995 memorandum, EPA articulated in detail its
interpretation that certain requirements of subparts 1 and 2 are not
applicable once an area has attained the standard, for as long as it
continues to do so.
The United States Court of Appeals for the Tenth Circuit has upheld
this interpretation, Sierra Club v. EPA, 99 F.3d 1551 (10th Cir. 1996),
as has the U.S. Court of Appeals for the Seventh Circuit. Sierra Club
v. EPA, 375 F.3d 537 (7th Cir. 2004). In addition, EPA has explained in
rulemaking actions on the 1-hour ozone standard its rationale for the
reasonableness of this interpretation of the CAA. See: 67 FR 49600
(July 31, 2002); 65 FR 37879 (June 19, 2000); 65 FR 3630, 3631-32
(January 24, 2000) (Cincinnati-Hamilton, Ohio, Kentucky); 61 FR 20458
(May 7, 1996) (Cleveland-Akron-Lorain, Ohio); 66 FR 53094 (October 19,
2001) (Pittsburgh-Beaver Valley, Pennsylvania); 60 FR 37366 (July 20,
1995); 61 FR 31832-33 (June 21, 1996) (Grand Rapids, Michigan); 60 FR
36723 (July 18, 1995) (Salt Lake and Davis Counties, Utah); 68 FR 4847,
4848, 4851, 4855 (January 30, 2003); 68 FR 25418 (May 12, 2003) (St.
Louis, Missouri); and, 66 FR 27484, 27486 (May 17, 2001) (Louisville,
Kentucky).
EPA has also determined that areas being redesignated need not
comply with the requirement that a New Source Review (NSR) program be
approved prior to redesignation, provided that the area demonstrates
maintenance of the standard without part D NSR, since Prevention of
Significant Deterioration (PSD) requirements will apply after
redesignation. A more detailed rationale for this view is described in
a memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled, ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.''
Indiana has demonstrated that LaPorte County will be able to maintain
the 8-hour ozone standard without part D NSR in effect, and, therefore,
we conclude that the State need not have a fully approved part D NSR
program prior to approval of the redesignation request. The State's PSD
program will become effective in LaPorte 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).
We conclude that the State and LaPorte County have satisfied all
applicable requirements under section 110 and part D of the CAA to the
extent that the requirements apply for the purposes of reviewing the
State's ozone redesignation request.
b. LaPorte County Has a Fully Approved Applicable SIP Under Section
110(k) of the CAA
EPA has fully approved the Indiana SIP for LaPorte County under
section 110(k) of the CAA for all applicable requirements. EPA may rely
on prior SIP approvals in approving a redesignation request (See the
September 4, 1992 John Calcagni memorandum, page 3, Southwestern
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-990 (6th
Cir. 1998), Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)), plus any
additional measures it may approve in conjunction with a redesignation
action. See 68 FR 25426 (May 12, 2003). Since the passage of the CAA of
1970, Indiana has adopted and submitted, and EPA has fully approved,
provisions addressing the various required SIP elements applicable to
LaPorte County for purposes of redesignation. No LaPorte County 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 review of the State's redesignation
request. EPA has concluded that the section 110 SIP submission approved
under the 1-hour ozone standard will be adequate for purposes of
attaining and maintaining the 8-hour standard. EPA also believes that
since the part D requirements did not become due prior to Indiana's
submission of a final, complete redesignation request, they also are
not applicable requirements for purposes of redesignation.
3. The Air Quality Improvement in LaPorte 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
[[Page 19430]]
quality improvement in LaPorte County is due to permanent and
enforceable emission reductions resulting from implementation of the
SIP, Federal measures, and other State-adopted measures.
The State has documented the changes in VOC and NOX
emissions from anthropogenic (man-made or man-based) sources in LaPorte
County between 1996 and 2004 and the changes in NOX
emissions from Electric Generating Units (EGUs) in Northwest Indiana
(Jasper, Lake, LaPorte, and Porter Counties) and statewide between 1999
and 2005. LaPorte County was monitored in violation of the 8-hour ozone
NAAQS during the period of 1996 through 1999 and monitored in
attainment with the NAAQS during the period of 2003 through 2005. The
VOC and NOX emissions for LaPorte County for various years
during the period of 1996 through 2004 are given in Table 2.
Table 2.--VOC and NOX Emissions Trends in LaPorte County for Anthropogenic Sources
[Emissions in tons/summer day]
----------------------------------------------------------------------------------------------------------------
Pollutant 1996 1999 2002 2004
----------------------------------------------------------------------------------------------------------------
VOC......................................................... 31.0 29.7 24.5 24.0
NOX......................................................... 83.7 45.4 71.6 44.4
----------------------------------------------------------------------------------------------------------------
The NOX emissions trends for EGUs in Northwest Indiana
and statewide for Table 3. The NOX emissions for LaPorte
County and the EGU NOX emissions from Northwest Indiana and
statewide have shown significant downward trends from 1996 and 1999, 8-
hour standard violation years, to 2004 and 2005, attainment years (and
from 2002, a violation year, to 2004, an attainment year). IDEM notes
that the NOX emissions in Northwest Indiana and statewide
declined significantly as a result of the implementation of the Indiana
NOX SIP (in response to EPA's NOX SIP call) and
acid rain control regulations, both of which led to permanent,
enforceable emission reductions.
Table 3.--NOX Emission Trends for Electric Generating Units in Northwest and Indiana Statewide
[Emissions in thousands of tons per ozone season (April-September)]
----------------------------------------------------------------------------------------------------------------
Area 1999 2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
Northwest Indiana....................................... 31.8 25.0 27.4 22.7 18.0 11.8 10.6
Statewide............................................... 149.8 133.9 136.1 114.0 99.3 66.6 55.5
----------------------------------------------------------------------------------------------------------------
As noted in Table 2, the total VOC emissions in LaPorte County also
declined between 1996 and 2004. IDEM notes that this emissions decline
has resulted despite an increase in point source VOC emissions in this
County due to source growth. VOC emission control measures have been
implemented in LaPorte County constraining the impacts of new source
growth in this County. The State's VOC rules were adopted in the mid-
1990s, and include the following VOC control rules: 326 Indiana
Administrative Code (IAC) 8-1-6 (Best Available Control Technology
(BACT) for non-specific sources); 326 IAC 8-2 (surface coating emission
limitations); 326 IAC (organic solvent degreasing operations); 326 IAC
8-4 (petroleum sources, including storage, transport, and marketing
sources and petroleum refining); 326 IAC 8-5 (miscellaneous sources);
and 326 IAC 8-6 (organic solvent emission limitations). These VOC
control rules have been implemented statewide. Compliance with these
rules has resulted in a decrease in point source VOC emissions in
LaPorte County, offsetting some source growth, as well as decreasing
VOC emissions in the remainder of Northwest Indiana and statewide. The
VOC emission reductions resulting from the implementation of the VOC
emission control rules are permanent and enforceable.
Since LaPorte County was not previously designated as a 1-hour
ozone nonattainment area, no ozone precursor emission controls were
specifically targeted at this County. Therefore, statewide and Federal
emission control requirements have provided the majority of the VOC and
NOX emission reductions in LaPorte County and in the
surrounding area.
Besides the statewide VOC RACT rules and NOX emission
control requirements, other Federal emission reduction requirements
have resulted in decreased ozone precursor emissions in the Northwest
Indiana area and/or will produce future emission reductions that will
support maintenance of the ozone standard in LaPorte County (see a more
detailed discussion on maintenance of the 8-hour ozone standard in
LaPorte County below). These emission reduction requirements include
the following:
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. These emission control requirements result in lower
emissions from new cars and light duty trucks, including sport utility
vehicles. The Federal rules are being phased in between 2004 and 2009.
The EPA has estimated that, by the end of the phase-in period, the
following vehicle NOX emission reductions will occur nation-
wide: passenger cars (light duty vehicles) (77 percent); light duty
trucks, minivans, and sports utility vehicles (86 percent; and larger
sports utility vehicles, vans, and heavier trucks (69 to 95 percent).
VOC emission reductions are also expected to range from 12 to 18
percent, depending on vehicle class, over the same period. Although
some of these emission reductions have already occurred by the 2004
attainment year, most of these emission reductions will occur during
the maintenance period for LaPorte County.
Heavy-Duty Diesel Engines. In July 2000, EPA issued a final rule to
control the emissions from highway heavy duty diesel engines, including
low-sulfur diesel fuel standards. These emission reductions are being
phased in between 2004 and 2007. This rule is expected to result in a
40 percent decrease in NOX emissions from heavy duty diesel
vehicles.
Non-Road Diesel Rule. Issued in May 2004, this rule generally
applies to new stationary diesel engines used in certain industries,
including construction, agriculture, and mining. In addition to
[[Page 19431]]
affecting engine design, this rule includes requirements for cleaner
fuels. It is expected to reduce NOX emissions from these
engines by up to 90 percent, and to significantly reduce particulate
matter and sulfur emissions from these engines in addition to the
NOX emission reduction. This rule did not affect 2004
emissions from these sources, but will limit emissions from new engines
beginning in 2008.
Indiana commits to maintain all existing emission control measures
that affect LaPorte County after this area is redesignated to
attainment of the 8-hour ozone NAAQS. All changes in existing rules
affecting LaPorte County and new rules subsequently needed to provide
for the maintenance of the 8-hour ozone NAAQS in LaPorte County will be
submitted to the EPA for approval as SIP revisions.
4. LaPorte County Has a Fully Approvable Ozone Maintenance Plan
Pursuant to Section 175A of the CAA
In conjunction with its request to redesignate LaPorte County to
attainment of the ozone NAAQS, Indiana submitted a SIP revision request
to provide for maintenance of the 8-hour ozone NAAQS in LaPorte County
for at least 10 years after the redesignation of this area to
attainment of the 8-hour ozone NAAQS.
a. What Is Required in an Ozone Maintenance Plan?
Section 175A of the CAA sets forth the required elements of air
quality maintenance plans for areas seeking redesignation from
nonattainment to attainment of a NAAQS. Under section 175A, a
maintenance plan must demonstrate continued attainment of the
applicable NAAQS for at least 10 years after the Administrator approves
the redesignation to attainment. Eight years after the redesignation,
the State must submit a revised maintenance plan which demonstrates
maintenance of the standard for 10 years following the initial 10-year
maintenance period. To address the possibility of future NAAQS
violations, the maintenance plan must contain such contingency
measures, with a schedule for implementation, as EPA deems necessary,
to assure prompt correction of any future NAAQS violations. The
September 4, 1992 John Calcagni memorandum provides additional guidance
on the content of maintenance plans. An ozone maintenance plan should,
at minimum, address the following items: (1) The attainment VOC and
NOX emissions inventories; (2) a maintenance demonstration
showing maintenance for the 10 years of the maintenance period; (3) a
commitment to maintain the existing monitoring network; (4) factors and
procedures to be used for verification of continued attainment; and,
(5) a contingency plan to prevent and/or correct a future violation of
the NAAQS.
b. What Are the Attainment Emission Inventories for LaPorte County?
IDEM prepared comprehensive VOC and NOX emission
inventories for LaPorte County, including point (significant stationary
sources), area (smaller and widely-distributed stationary sources),
mobile on-road, and mobile non-road sources for 2004 (the base year/
attainment year). To develop the attainment year emission inventories,
IDEM used the following approaches and sources of data:
Area Sources--Area source VOC and NOX emissions were
projected from Indiana's 2002 periodic emissions inventory, which was
previously submitted to the EPA.
Mobile On-Road Sources--Mobile source emissions were calculated
using the MOBILE6 emission factor model and traffic data (vehicle miles
traveled, vehicle speeds, and vehicle type and age distributions)
extracted from the region's travel-demand model. IDEM has provided
detailed data summaries to document the calculation of mobile on-road
VOC and NOX emissions for 2004, as well as for the
projection years of 2010 and 2020 (further discussed below).
Point Source Emissions--2004 point source emissions were compiled
using IDEM's 2004 annual emissions statement database and the 2005 EPA
Air Markets acid rain emissions inventory database.
Mobile Non-Road Emissions--Non-road mobile source emissions were
estimated by the EPA and documented in the 2002 National Emissions
Inventory (NEI). IDEM used these emissions estimates along with growth
factors to grow the non-road mobile source emissions to 2004. To
address concerns about the accuracy of some of the emissions for
various source categories in EPA's non-road emissions model, the Lake
Michigan Air Directors Consortium (LADCO) contracted with several
companies to review the base data used by the EPA and to make
recommendations for corrections to the model. Emissions were estimated
for commercial marine vessels and railroads. Recreational motorboat
population and spatial surrogates (used to assign emissions to each
county) were updated. The populations for the construction equipment
category were reviewed and updated based on surveys completed in the
Midwest, and the temporal allocation for agricultural sources was also
updated. Based on these and other updates, the EPA provided a revised
non-road estimation model, which was used for the 2004 projected non-
road mobile source emissions.
The 2004 attainment year VOC and NOX emissions for
LaPorte County are summarized along with the 2010 and 2020 projected
emissions for this County in Tables 4 and 5 below. They confirm that
the State has acceptably derived and documented the attainment year VOC
and NOX emissions for LaPorte County.
c. Demonstration of Maintenance
As part of the May 30, 2006 redesignation request submittal, IDEM
included a requested revision to the SIP to incorporate a 10-year ozone
maintenance plan as required under section 175A of the CAA. The
maintenance plan contains a maintenance demonstration. This
demonstration shows maintenance of the 8-hour ozone NAAQS by
documenting current and projected VOC and NOX emissions and
showing that future emissions of VOC and NOX remain at or
below the attainment year emission levels.\4\ Note that a maintenance
demonstration need not be based on modeling. See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001), Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004).
See also 66 FR 53094, 53099-53100 (October 19, 2001) and 68 FR 25430-
25432 (May 12, 2003).
---------------------------------------------------------------------------
\4\ The attainment year can be any of the three consecutive
years in which the area has clean (below violation level) air
quality data (2003, 2004, or 2005 for LaPorte County).
---------------------------------------------------------------------------
Table 4 specifies the VOC emissions in LaPorte County for 2004,
2010, and 2020. IDEM chose 2020 as a projection year to meet the 10-
year maintenance projection requirement, allowing several years for the
State to complete its adoption of the ozone redesignation request and
ozone maintenance plan and for the EPA to approve the redesignation
request and maintenance plan. IDEM also chose 2010 as an interim year
to demonstrate that VOC and NOX emissions will remain below
the attainment levels throughout the 10-year maintenance period.
Table 5, similar to Table 4, specifies the NOX emissions
in LaPorte County for 2004, 2010, and 2020. Together, Tables 4 and 5
demonstrate that LaPorte County should remain in attainment of the 8-
hour ozone NAAQS between 2004 and 2020, for more than 10 years after
EPA is expected to approve the
[[Page 19432]]
redesignation of LaPorte County to attainment of the 8-hour ozone
NAAQS.
Table 4.--Attainment Year (2004) and Projected VOC Emissions in LaPorte
County
[Tons per summer day]
------------------------------------------------------------------------
Year
Source sector --------------------------------------
2004 2010 2020
------------------------------------------------------------------------
Point............................ 4.36 3.61 3.53
Area............................. 7.17 7.51 8.14
On-Road Mobile................... 7.36 4.75 3.09
Off-Road Mobile.................. 5.13 3.93 3.23
--------------------------------------
Total........................ 24.02 19.80 17.99
------------------------------------------------------------------------
Table 5.--Attainment Year and Projected NOX Emissions in LaPorte County
[Tons per summer day]
------------------------------------------------------------------------
Year
Source sector --------------------------------------
2004 2010 2020
------------------------------------------------------------------------
Point............................ 4.80 4.15 3.63
Area............................. 1.13 1.20 1.26
On-Road Mobile................... 28.52 17.15 5.91
Off-road Mobile.................. 9.96 7.57 6.41
--------------------------------------
Total........................ 44.41 30.07 17.21
------------------------------------------------------------------------
IDEM also notes that the State's EGU NOX emission
control rules stemming from EPA's NOX SIP call, implemented
beginning in 2004, and CAIR will further lower NOX emissions
in upwind areas, resulting in decreased ozone and ozone precursor
transport into LaPorte County (the State did not project the emission
decreases resulting from CAIR and did not document future
NOX emissions in upwind Counties). This will also support
maintenance of the ozone standard in LaPorte County.
The emission projections for LaPorte County coupled with the
expected impacts of the State's EGU NOX rules and CAIR lead
to the conclusion that LaPorte County should maintain the 8-hour ozone
standard throughout the 10-year maintenance period. The decrease in
local VOC and local and regional NOX emissions indicate that
peak ozone levels in LaPorte County may actually further decline during
the 10-year ozone maintenance period.
IDEM has documented some of the procedures used to project
emissions. On-road mobile sources were projected using the MOBILE6
emission factor model and projected traffic data obtained from the
Northwest Indiana Regional Planning Commission (NIRPC), who maintains a
travel demand forecast model that is capable of projecting changes in
total daily Vehicle Miles Traveled (VMT). Emissions for the other major
source sectors were determined using projected source activity/growth
data provided by LADCO, as well as major source emissions data obtained
periodically for all major sources statewide. IDEM's data demonstrate
that emissions projections for LaPorte County are consistent with the
planning analyses being conducted to attain the 8-hour ozone and fine
particle (PM2.5) standards throughout Indiana and throughout the Lake
Michigan area.
Based on the comparison of the projected emissions and the
attainment year emissions, we conclude that IDEM has successfully
demonstrated that the 8-hour ozone standard should be maintained in
LaPorte County. We believe that this is especially likely given the
expected impacts of the NOX SIP call and CAIR. As noted by
IDEM, this conclusion is further supported by the fact that other
states in the eastern portion of the United States are expected to
further reduce regional NOX emissions through implementation
of their own NOX emission control rules for EGUs and other
NOX sources and through implementation of CAIR, reducing
ozone and NOX transport into LaPorte County.
d. Monitoring Network
IDEM commits to continue operating and maintaining an approved
ozone monitoring network in LaPorte County in accordance with 40 CFR
part 58 through the 10-year maintenance period. This will allow the
confirmation of the maintenance of the 8-hour ozone standard in this
area and the triggering of contingency measures if needed.
e. Verification of Continued Attainment
Continued attainment of the 8-hour ozone NAAQS in LaPorte County
depends on the State's efforts toward tracking applicable indicators
during the maintenance period. The State's plan for verifying continued
attainment of the 8-hour ozone standard in LaPorte County consists, in
part, of a plan 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
LaPorte County to assure that emissions growth is not threatening the
continued attainment of the 8-hour ozone standard in this area. Revised
emission inventories for this area will be prepared for 2005, 2008, and
2011 as necessary to comply with the emission inventory reporting
requirements established in the CAA. The revised emissions will be
compared with the 2004 a
