Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Lake and Porter Counties to Attainment of the 8-Hour Ozone Standard and Approval of Base Year Emission Inventories, 30436-30456 [E7-9825]
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Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2006–0474; FRL–8317–1]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Indiana; Redesignation of
Lake and Porter Counties to
Attainment of the 8-Hour Ozone
Standard and Approval of Base Year
Emission Inventories
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On September 12, 2006, the
Indiana Department of Environmental
Management (IDEM) submitted a
request for EPA approval of a
redesignation of Lake and Porter
Counties to attainment of the 8-hour
ozone National Ambient Air Quality
Standard (NAAQS) and of an ozone
maintenance plan for this area as a
revision to the Indiana State
Implementation Plan (SIP). EPA is
proposing to determine that the
Chicago-Gary-Lake County, IllinoisIndiana (IL-IN) 8-hour ozone
nonattainment area, which includes
Lake and Porter Counties, has attained
the 8-hour ozone NAAQS. EPA is
proposing to approve Indiana’s ozone
maintenance plan for Lake and Porter
Counties as a revision to the SIP. EPA
is proposing to approve Volatile Organic
Compounds (VOC) and Nitrogen Oxides
(NOX) Motor Vehicle Emission Budgets
(MVEBs) for Lake and Porter Counties as
supported by the ozone maintenance
plan. EPA is proposing to approve
Indiana’s 2002 base year VOC and NOX
emission inventories for Lake and Porter
Counties. EPA is proposing to approve
into the Indiana SIP the VOC and NOX
periodic emission inventories for 1999,
2002, and 2004. Finally, EPA is
proposing to approve the redesignation
of Lake and Porter Counties to
attainment of the 8-hour ozone NAAQS.
DATES: Comments must be received on
or before July 2, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2006–0474, 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
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SUMMARY:
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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–
0474. 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 Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov, your email 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,
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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 proposed rule
whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used,
we mean the EPA. This supplementary
information section is arranged as
follows:
I. What Actions Is EPA Proposing To Take?
II. What Is the Background for These
Actions?
III. What Is the Impact of a December 22,
2006 United States Court of Appeals
Decision Regarding EPA’s Phase 1 Ozone
Implementation Rule on This Proposed
Rule?
A. Requirements Under the 8-Hour Ozone
Standard
B. Requirements Under the 1-Hour Ozone
Standard
IV. What Are the Criteria for Redesignations
to Attainment of the 8-Hour Ozone
NAAQS?
V. What Are EPA’s Analyses of the State’s
Redesignation Request and Maintenance
Plan and What Are the Bases for EPA’s
Proposed Actions?
A. Have Lake and Porter Counties and the
Entire Chicago-Gary-Lake County, IL-IN
Nonattainment Area Attained the 8-Hour
Ozone NAAQS and 1-Hour Ozone
NAAQS?
1. Attainment of the 8-Hour Ozone NAAQS
2. Attainment of the 1-Hour Ozone NAAQS
B. Has the State of Indiana Committed To
Maintain the Ozone Monitoring System
in Lake and Porter Counties?
C. Have Lake and Porter Counties and the
State of Indiana Met All of the
Requirements of Section 110 and Part D
of the CAA Applicable for Purposes of
Redesignation, and Do Lake and Porter
Counties Have a Fully Approved SIP
Under Section 110(k) of the CAA for
Purposes of Redesignation to
Attainment?
1. Lake and Porter Counties Have Met All
Requirements of Section 110 and Part D
of the CAA Applicable for Purposes of
Redesignation for the 8-Hour NAAQS
a. Section 110 and General SIP
Requirements
b. Part D SIP Requirements Under the 8Hour Ozone Standard
2. Lake and Porter Counties Have a Fully
Approved SIP Under Section 110(k) of
the CAA
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D. Have Lake and Porter Counties Met the
Part D Nonattainment Area and Section
110 Requirements Under the 1-Hour
Ozone Standard?
E. Are the Air Quality Improvements in
Lake and Porter Counties and in the
Chicago-Gary-Lake County, IL-IN
Nonattainment Area Due to Permanent
and Enforceable Emission Reductions
Resulting From the Implementation of
the Indiana SIP and Applicable Federal
Air Pollution Control Regulations and
Other Permanent and Enforceable
Emission Reductions?
F. Do Lake and Porter Counties Have a
Fully Approvable Ozone Maintenance
Plan Pursuant to Section 175A of the
CAA?
1. What Is Required in an Ozone
Maintenance Plan?
2. What Are the Attainment Emission
Inventories for Lake and Porter Counties?
a. Point Sources
b. Area Sources
c. On-Road Mobile Sources
d. Non-Road Mobile Sources
3. Has the State Demonstrated Maintenance
of the Ozone Standard in Lake and Porter
Counties and in the Chicago-Gary-Lake
County, IL-IN Ozone Nonattainment
Area?
4. What Is the Contingency Plan for Lake
and Porter Counties?
a. Verification of Continued Attainment
b. Contingency Plan
5. Has the State Committed To Update the
Ozone Maintenance Plan in Eight Years
After the Redesignation of Lake and
Porter Counties to Attainment of the 8Hour Ozone NAAQS?
VI. Has the State Adopted Acceptable MVEBs
for the End Year of the Ozone
Maintenance Period Which Can Be Used
To Support Transportation Conformity
Determinations?
A. How Are the MVEBs Developed and
What Are the MVEBs for Lake and Porter
Counties?
B. Are the MVEBs Approvable?
VII. Modeled Attainment of the Ozone
Standard
A. Regional Ozone Modeling Results
B. Temperature—Ozone Exceedance
Frequency Study
VIII. Review of Indiana’s 2002 Base Year
Emissions Submittal
IX. What Are EPA’s Proposed Actions?
X. Statutory and Executive Order Reviews
I. What Actions Is EPA Proposing To
Take?
We are proposing to take several
related actions for Lake and Porter
Counties, Indiana. First, we are
proposing to determine that the
Chicago-Gary-Lake County, IL-IN ozone
nonattainment area, including Lake and
Porter Counties in Indiana, has attained
the 8-hour ozone NAAQS.
Second, we are proposing to approve
Indiana’s request to redesignate the
Indiana portion of the Chicago-GaryLake County, IL-IN ozone
nonattainment area (Lake and Porter
Counties) to attainment of the 8-hour
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ozone NAAQS. We have determined
that the State of Indiana and Lake and
Porter Counties have met the CAA
requirements for such a redesignation
under section 107(d)(3)(E). EPA is
proposing in this notice to approve
Indiana’s 2002 base year VOC and NOX
emission inventories for Lake and Porter
Counties as meeting the base year
emissions inventory requirements of the
CAA and as a revision to the Indiana
SIP. EPA is also proposing to approve
into the Indiana SIP the VOC and NOX
periodic inventories for 1999, 2002 and
2004, pursuant to section 182(a)(3)(A) of
the CAA under the 1-hour standard.
Third, we are proposing to approve
Indiana’s ozone maintenance plan for
Lake and Porter Counties as a revision
of the Indiana SIP. The maintenance
plan, which meets the requirements of
section 175A of the CAA, is designed to
keep Lake and Porter Counties and the
Chicago-Gary-Lake County ozone
nonattainment area in attainment of the
8-hour ozone NAAQS through 2020. As
supported by and consistent with the
ozone maintenance plan, we are also
proposing to approve the 2010 and 2020
VOC and NOX MVEBs for Lake and
Porter Counties for transportation
conformity determination purposes.
Finally, in response to a December 22,
2006, decision of the United States
Court of Appeals vacating EPA’s Phase
1 ozone implementation rule, we are
proposing to find that, if the 1-hour
ozone standard is deemed to be
reinstated, Lake and Porter Counties
would also qualify for a redesignation to
attainment of the 1-hour ozone
standard.
II. What Is the Background for These
Actions?
EPA has determined that ground-level
ozone is detrimental to human health.
On July 18, 1997, EPA promulgated an
8-hour ozone NAAQS (62 FR 38856) of
0.08 parts per million parts of air (0.08
ppm) (80 parts per billion (ppb)).1 This
8-hour ozone standard replaced a prior
1-hour ozone NAAQS, which was
promulgated on February 8, 1979 (44 FR
8202) and which EPA revoked on June
15, 2005 (69 FR 23858).
Ground-level ozone is not emitted
directly by emission sources. Rather,
emitted NOX and VOC react in the
presence of sunlight to form groundlevel ozone along with other secondary
compounds. NOX and VOC are referred
1 This standard is violated in an area when any
ozone monitor in the area records 8-hour ozone
concentrations with a three-year average of the
annual fourth-highest daily maximum 8-hour ozone
concentrations equaling or exceeding 85 ppb. See
40 CFR 50.10.
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30437
to as ‘‘ozone precursors.’’ 2 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 violated 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 of pollutants
governed by 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 designated
areas) and on their 1-hour ozone design
values (i.e., on the fourth-highest daily
maximum 1-hour ozone concentrations
over the three-year period at the worstcase monitoring sites in the designated
areas).3 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).4
2 Carbon Monoxide (CO) is also a minor precursor
in the formation of ozone.
3 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.
4 It should be noted that the United States Court
of Appeals for the District of Columbia Circuit
recently vacated EPA’s April 30, 2004 ‘‘Final Rule
to Implement the 8-Hour Ozone National Ambient
Standard’’ (the Phase 1 implementation rule). South
Coast Air Quality Management District v. EPA, 472
F.3d 882(D.C. Cir. 2006). EPA explains its views of
the potential impact of this decision in section III,
below.
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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
deadlines. 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 Lake and Porter
Counties, as part of the Chicago-GaryLake County, IL-IN area, as a subpart 2
moderate nonattainment area for the 8hour ozone NAAQS. This designation
was based on ozone data collected
during the 2001–2003 period.
On September 12, 2006, the State of
Indiana requested redesignation of Lake
and Porter Counties to attainment of the
8-hour ozone NAAQS. This
redesignation request was submitted by
the State subsequent to conducting a
public review process for the
redesignation request and ozone
maintenance plan and subsequent to the
State’s adoption of the ozone
maintenance plan.
III. What Is the Impact of a December
22, 2006 United States Court of Appeals
Decision Regarding EPA’s Phase 1
Ozone Implementation Rule on This
Proposed 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
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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.
A. Requirements Under the 8-Hour
Ozone Standard
With respect to the 8-hour ozone
standard, the Chicago-Gary-Lake
County, IL-IN ozone nonattainment
area, which includes Lake and Porter
Counties, is classified as moderate
nonattainment under subpart 2. 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 the
Chicago-Gary-Lake County, IL-IN area
would become subject to a different
classification scheme created in a future
rule responding to the Court’s decision,
that would not prevent EPA from
finalizing the redesignation for this area.
For the reasons set forth below, we
believe that any additional requirements
that might apply based on a different
classification would not be applicable
for purposes of evaluating the 8-hour
ozone redesignation request now before
us. This belief is based on: (1) EPA’s
longstanding policy of evaluating
redesignation requests in accordance
only with the requirements due at the
time the redesignation request was
submitted; and (2) consideration of the
inequity of applying retroactively any
requirements that might be applied in
the future.
First, at the time the redesignation
request was submitted, the area 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, a state requesting a
redesignation to attainment must meet
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only the relevant SIP requirements that
came due for the subject area prior to
the submittal of a complete
redesignation request. See the
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
the 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 Standards (NAAQS) on or after
November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting
Assistant Administrator, Air and
Radiation), 60 FR 12459, 12465–66
(March 7, 1995) (redesignation of
Detroit-Ann Arbor); Sierra Club v. EPA,
375 F.3d 537 (7th Cir. 2004), which
upheld this interpretation; 68 FR 25418,
25424, 25427 (May 12, 2003)
(redesignation of St. Louis). At the time
the Lake and Porter County
redesignation request was submitted,
September 12, 2006, the Chicago-GaryLake County, IL-IN 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 redesignation request was
submitted, but which might later
become applicable. The D.C. Circuit has
recognized the inequity in 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 due date. Such a
determination would have resulted in
the imposition of additional
requirements on the area. The Court
stated: ‘‘Although EPA failed to make
the nonattainment determination within
the statutory timeframe, Sierra Club’s
proposed solution only makes the
situation worse. Retroactive relief would
likely impose large costs on the States,
which would face fines and suits for not
implementing air pollution prevention
plans in 1997, even though they were
not on notice at the time.’’ Id. at 68.
Similarly, here it would be unfair to
penalize the area by applying to it for
purposes of redesignation any
additional requirements under subpart 1
that were not in effect at the time it
submitted its redesignation request, but
that might apply in the future.
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B. Requirements Under the 1-Hour
Ozone Standard
In its December 22, 2006 decision in
South Coast Air Quality Management
Dist. v. EPA, the Court also addressed
EPA’s revocation of the 1-hour ozone
standard. The current status of the
revocation and associated antibacksliding rules is dependent on
whether the Court’s decision stands as
originally issued or is modified in
response to any petition for rehearing or
request for clarification that has been
filed. As described more fully below,
EPA believes that the Chicago-GaryLake County, IL-IN area has attained the
1-hour ozone standard and that the State
of Indiana and Lake and Porter Counties
have met all of the requirements
applicable for redesignation under the
1-hour ozone standard that would apply
even if the 1-hour ozone standard is
deemed to be reinstated and those
requirements are viewed as applying
under the statute itself. Thus, the
Court’s decision, as it currently stands,
imposes no impediment to moving
forward with redesignation of Lake and
Porter Counties to attainment based on
the status of the 1-hour ozone standard.
Furthermore, if the 1-hour ozone
standard is deemed to be reinstated,
EPA would construe the State’s
redesignation request under the 8-hour
ozone standard as also constituting a
redesignation request under the 1-hour
ozone standard. EPA proposes that, if
the 1-hour standard is deemed to be
reinstated, EPA would redesignate Lake
and Porter Counties to attainment of the
1-hour ozone standard because EPA
believes that the area has satisfied all of
the 1-hour requirements for such
redesignation, as explained in the
analysis below. Further, even if the
Court’s decision were modified based
on any petition for rehearing that has
been filed such that the ultimate
decision requires something less than
compliance with all applicable 1-hour
ozone requirements, this would not
pose an impediment to redesignating
the area to attainment of the 1-hour
ozone standard. Since the area meets all
current 1-hour ozone requirements as
explained below, it would certainly
meet any lesser requirements and, thus
similarly, redesignation could proceed.
IV. What Are the Criteria for
Redesignation to Attainment of the 8Hour Ozone NAAQS?
The CAA provides the basic
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
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that the area has attained the applicable
NAAQS based on current air quality
data; (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). Two significant policy guidance
documents affecting the review of ozone
redesignation requests are the following:
‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, September 4, 1992 (the
September 4, 1992 Calcagni
memorandum); and, ‘‘Reasonable
Further Progress, Attainment
Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National
Ambient Air Quality Standard,’’
Memorandum from John S. Seitz,
Director, Office of Air Quality Planning
and Standards, May 10, 1995 (the May
10, 1995 Clean Data Policy
memorandum). For additional policy
guidance 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).
V. What Are EPA’s Analyses of the
State’s Redesignation Request and
Maintenance Plan and What Are the
Bases for EPA’s Proposed Action?
EPA is proposing to: (1) Determine
that Lake and Porter Counties and the
Chicago-Gary-Lake County, IL-IN area
have attained the 8-hour ozone standard
and the 1-hour ozone standard; (2)
approve the ozone maintenance plan for
Lake and Porter Counties and the VOC
and NOX MVEBs supported by the
maintenance plan; and, (3) approve the
redesignation of Lake and Porter
Counties to attainment of the 8-hour
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ozone NAAQS and to attainment of the
1-hour ozone NAAQS, if it is deemed to
be reinstated. The bases for our
proposed determination and approvals
follow.
A. Have Lake and Porter Counties and
the Entire Chicago-Gary-Lake County,
IL-IN Nonattainment Area Attained the
8-Hour Ozone NAAQS and the 1-Hour
Ozone NAAQS?
1. Attainment of 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 at any
monitor used to calculate its design
value. 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
used to calculate its design value, over
the most recent three-year period must
not exceed the ozone standard. Based on
an ozone data rounding convention
described in 40 CFR 50, appendix I, the
8-hour ozone standard is attained if the
area’s ozone design value 5 is 0.084 ppm
(84 ppb) or less. The data must be
collected and quality-assured in
accordance with 40 CFR 58, and is
recorded in EPA’s Air Quality System
(AQS). The ozone monitors generally
should have remained at the same
locations for the duration of the
monitoring period required to
demonstrate attainment (for three years
or more). The data supporting
attainment of the standard must be
complete in accordance with 40 CFR 50,
appendix I.
At the time of the September 12, 2006
ozone redesignation request,
preliminary 8-hour ozone monitoring
data for Lake and Porter Counties and
for the Illinois portion of the ChicagoGary-Lake County, IL-IN nonattainment
area showed that the area was attaining
the standard for 2004–2006, and that the
2006 4th high 8-hour daily average
concentration was 0.081 ppm. Since the
submittal of the redesignation request,
Indiana and other States in the Lake
Michigan area have submitted qualityassured data for 2006 to the AQS. Table
1 summarizes the annual fourth-high 8hour ozone concentrations during the
5 The worst-case monitoring site-specific ozone
design value in the area and in its nearby
downwind environs.
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period of 2004–2006, the most recent
three years of available quality-assured
ozone data, for all monitors in the
Chicago-Gary-Lake County, IL-IN area
and for the Chiwaukee Prairie
monitoring site in Wisconsin, the
critical ozone design value site for the
Chicago-Gary-Lake County, IL-IN ozone
nonattainment area.
TABLE 1.—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS IN PARTS PER MILLION (PPM) AND
THREE-YEAR AVERAGES
Site ID
County
Address/site
Percent observations ozone
season
Fourth-high daily
maximum
concentration
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
100
96
98
100
99
100
100
99
100
100
100
99
0.064
0.089
0.073
0.067
0.087
0.075
0.069
0.090
0.070
0.072
0.078
0.071
NA
NA
0.075
NA
NA
0.076
NA
NA
0.076
NA
NA
0.073
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
2004
2005
2006
100
100
100
100
100
100
64
51
85
100
100
99
98
99
100
100
100
100
99
99
95
94
100
96
100
100
100
94
99
100
97
100
100
100
98
97
99
97
100
99
100
84
100
99
100
99
98
100
0.065
0.084
0.078
0.067
0.076
0.075
0.069
0.080
0.072
0.054
0.084
0.070
0.060
0.081
0.065
0.068
0.084
0.075
0.067
0.083
0.075
0.067
0.086
0.070
0.059
0.075
0.060
0.064
0.079
0.065
0.067
0.081
0.068
0.074
0.082
0.072
0.065
0.078
0.062
0.067
0.086
0.062
0.067
0.087
0.071
0.071
0.090
0.068
NA
NA
0.075
NA
NA
0.072
NA
NA
0.073
NA
NA
0.069
NA
NA
0.068
NA
NA
0.075
NA
NA
0.075
NA
NA
0.074
NA
NA
0.064
NA
NA
0.069
NA
NA
0.072
NA
NA
0.076
NA
NA
0.068
NA
NA
0.071
NA
NA
0.075
NA
NA
0.076
Year
Threeyear average
INDIANA MONITORING SITES
18–089–002 ......
Lake ........................................
18–089–2008 ....
Lake ........................................
18–127–0024 ....
Porter ......................................
18–127–0026 ....
Porter ......................................
Gary ........................................
Gary ........................................
Gary ........................................
Hammond ................................
Hammond ................................
Hammond ................................
Ogden Dunes ..........................
Ogden Dunes ..........................
Ogden Dunes ..........................
Valparaiso ...............................
Valparaiso ...............................
Valparaiso ...............................
ILLINOIS MONITORING SITES
Cook ........................................
17–031–0032 ....
Cook ........................................
17–031–0042 ....
Cook ........................................
17–031–0064 ....
Cook ........................................
17–031–0072 ....
Cook ........................................
17–031–0076 ....
Cook ........................................
17–031–1003 ....
Cook ........................................
17–031–1601 ....
Cook ........................................
17–031–4002 ....
Cook ........................................
17–031–4007 ....
Cook ........................................
17–031–4201 ....
Cook ........................................
17–031–7002 ....
Cook ........................................
17–043–6001 ....
DuPage ...................................
17–089–0005 ....
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17–031–0001 ....
Kane ........................................
17–097–1002 ....
Lake ........................................
17–097–1007 ....
Lake ........................................
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Alsip ........................................
Alsip ........................................
Alsip ........................................
Chicago-Cheltenham ..............
Chicago-Cheltenham ..............
Chicago-Cheltenham ..............
Wacker at Adams ...................
Wacker at Adams ...................
Wacker at Adams ...................
Chicago-Ellis Ave. ...................
Chicago-Ellis Ave. ...................
Chicago-Ellis Ave. ...................
Chicago-Ohio Street ...............
Chicago-Ohio Street ...............
Chicago-Ohio Street ...............
Chicago-Lawndale ..................
Chicago-Lawndale ..................
Chicago-Lawndale ..................
Chicago-Hurlbut St. .................
Chicago-Hurlbut St. .................
Chicago-Hurlbut St. .................
Lemont ....................................
Lemont ....................................
Lemont ....................................
Cicero ......................................
Cicero ......................................
Cicero ......................................
Des Plaines .............................
Des Plaines .............................
Des Plaines .............................
Northbrook ..............................
Northbrook ..............................
Northbrook ..............................
Evanston .................................
Evanston .................................
Evanston .................................
Lisle .........................................
Lisle .........................................
Lisle .........................................
Elgin ........................................
Elgin ........................................
Elgin ........................................
Waukegan ...............................
Waukegan ...............................
Waukegan ...............................
IL Beach State Park ................
IL Beach State Park ................
IL Beach State Park ................
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TABLE 1.—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS IN PARTS PER MILLION (PPM) AND
THREE-YEAR AVERAGES—Continued
Site ID
County
Address/site
17–111–0001 ....
McHenry ..................................
17–197–1011 ....
Will ..........................................
Fourth-high daily
maximum
concentration
2004
2005
2006
2004
2005
2006
100
98
100
99
100
94
0.068
0.087
0.057
0.067
0.077
0.068
NA
NA
0.070
NA
NA
0.070
2004
2005
2006
Cary .........................................
Cary .........................................
Cary .........................................
Essex Road .............................
Essex Road .............................
Essex Road .............................
Percent observations ozone
season
100
98
99
0.078
0.093
0.079
NA
NA
0.083
Year
Threeyear average
WISCONSIN MONITORING SITE
55–059–0019 ....
Kenosha ..................................
Please note that site 17–031–0042 is
located on the top of the Sears Tower,
in excess of 1,000 feet above groundlevel. This is a special purpose monitor
that is not intended to measure ambient
air concentrations (concentrations
collected near nose levels of adults in
areas where the public generally has
access). As such, the lack of data during
the ozone seasons for this site does not
constitute a data completeness problem.
Review of the 2004–2006 ozone
concentrations summarized in Table 1
shows that all of the ozone monitoring
sites in the Chicago-Gary-Lake County,
IL-IN ozone nonattainment area, as well
as the Chiwaukee Prairie ozone
monitoring site, attained the 8-hour
ozone standard during this period.
Therefore, based on the most recent
three years of quality-assured ozone
monitoring data, the 8-hour ozone
Chiwaukee Prairie ...................
Chiwaukee Prairie ...................
Chiwaukee Prairie ...................
NAAQS has been attained in the
Chicago-Gary-Lake County, IL-IN area.
2. Attainment of the 1-Hour Ozone
NAAQS
Prior to the revocation of the 1-hour
ozone standard, the Chicago-Gary-Lake
County IL-IN area was designated a
severe nonattainment area under the 1hour standard. If the 1-hour NAAQS is
deemed reinstated, EPA would construe
the State’s request for redesignation
under the 8-hour standard as also
constituting a request under the 1-hour
standard. To support a possible
redesignation to attainment for Lake and
Porter Counties to attainment of the 1hour ozone NAAQS, if the 1-hour
NAAQS is deemed reinstated, it must be
shown that the Chicago-Gary-Lake
County, IL-IN area is attaining the 1hour ozone NAAQS. An area is
considered attaining the 1-hour ozone
NAAQS if there are no violations, as
determined in accordance with the
regulation codified at 40 CFR 50.9,
based on three consecutive calendar
years of complete, quality-assured
monitoring data. A violation occurs
when the ozone air quality monitoring
data show greater than one (1.0) average
expected exceedance per year at any site
in the area. An exceedance occurs when
the maximum hourly ozone
concentration exceeds 0.124 parts per
million (ppm). The data should be
collected and quality-assured in
accordance with 40 CFR part 58, and
recorded in the AQS so that it is
available to the public for review.
The Indiana request is based on an
analysis of ozone air quality data from
2004–2006. Table 2 below summarizes
this air quality data.
TABLE 2.—1-HOUR OZONE EXCEEDANCES AT MONITORING SITES IN THE CHICAGO-GARY-LAKE COUNTY, IL-IN AREA
INCLUDING THE CHIWAUKEE PRAIRIE MONITORING SITE (2004–2006)
Site code
County
No. 2004
exceedances
Site
No. 2005
exceedances
No. 2006
exceedances
3-year avg.
exceedances
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.0
0.0
0.0
1.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.3
0.0
0.0
0.3
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.0
0.0
0.3
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ILLINOIS
17–031–0001
17–031–0076
17–031–0072
17–031–0032
17–031–1003
17–031–0064
17–031–4002
17–031–4007
17–031–7002
17–031–1601
17–031–4201
17–043–6001
17–089–0005
17–097–1002
17–097–1007
17–111–0001
17–197–1011
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
Cook ......................................
Cook ......................................
Cook ......................................
Cook ......................................
Cook ......................................
Cook ......................................
Cook ......................................
Cook ......................................
Cook ......................................
Cook ......................................
Cook ......................................
DuPage .................................
Kane ......................................
Lake ......................................
Lake ......................................
McHenry ................................
Will ........................................
Alsip ......................................
Chicago-Com Ed ...................
Chicago-Jardine ....................
Chicago-SWFP .....................
Chicago-Taft ..........................
Chicago-University ................
Cicero ....................................
Des Plaines ...........................
Evanston ...............................
Lemont ..................................
Northbrook ............................
Lisle .......................................
Elgin ......................................
Waukegan .............................
Zion .......................................
Cary .......................................
Braidwood .............................
INDIANA
18–089–0022 ....
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Lake ......................................
16:09 May 30, 2007
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Gary ......................................
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TABLE 2.—1-HOUR OZONE EXCEEDANCES AT MONITORING SITES IN THE CHICAGO-GARY-LAKE COUNTY, IL-IN AREA
INCLUDING THE CHIWAUKEE PRAIRIE MONITORING SITE (2004–2006)—Continued
Site code
18–089–2008
18–089–0030
18–127–0024
18–127–0026
No. 2004
exceedances
County
....
....
....
....
Site
Lake ......................................
Lake ......................................
Porter ....................................
Porter ....................................
No. 2005
exceedances
No. 2006
exceedances
3-year avg.
exceedances
0.0
0.0
0.0
0.0
0.0
0.0
1.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.3
0.0
0.0
0.0
0.0
0.0
Hammond ..............................
Whiting ..................................
Ogden Dunes ........................
Valparaiso .............................
WISCONSIN
55–059–0019 ....
Kenosha ................................
From Table 2, it can be seen that the
Chicago-Gary-Lake County, IL-IN area is
attaining the 1-hour ozone standard for
the 2004–2006 period because there
were no average expected exceedances
greater than 1.0.
B. Has the State of Indiana Committed
To Maintain the Ozone Monitoring
System in Lake and Porter Counties?
IDEM commits to maintain the ozone
monitoring system in Lake and Porter
Counties during the maintenance
period. Any necessary changes in the
ozone monitoring system will be
discussed in advance with the EPA.
Therefore, the State of Indiana meets a
redesignation condition that we
normally require of States seeking
redesignation of areas to attainment of
the ozone standard.
pwalker on PROD1PC71 with PROPOSALS2
C. Have Lake and Porter Counties and
the State of Indiana Met All of the
Requirements of Section 110 and Part D
of the CAA Applicable for Purposes of
Redesignation, and Do Lake and Porter
Counties Have a Fully Approved SIP
Under Section 110(k) of the CAA for
Purposes of Redesignation to
Attainment?
We have determined that Lake and
Porter Counties and the State of Indiana
have met all SIP requirements currently
applicable for purposes of redesignation
to attainment of the 8-hour NAAQS for
this area under section 110 of the CAA
(general SIP requirements). We have
also determined that Indiana has met
the SIP requirements applicable for
purposes of redesignation under subpart
2 part D of title I of the CAA
(requirements specific to ozone
nonattainment areas classified under
subpart 2. See section 107(d)(3)(E)(v) of
the CAA. In addition, we have
determined that all applicable
requirements, with the exception of the
base year emissions inventory, are
approved in the Indiana SIP. As
discussed in section VIII, below, as part
of today’s action, EPA is proposing to
approve Indiana’s 2002 base year
VerDate Aug<31>2005
16:09 May 30, 2007
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Chiwaukee Prairie .................
emissions inventory. See section
107(d)(3)(E)(ii) of the CAA. In making
these determinations, we reviewed the
CAA requirements which are applicable
to Lake and Porter Counties for
purposes of redesignation, and
concluded 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, which in this case are those CAA
requirements applicable to Lake and
Porter Counties at the time the State
submitted a complete ozone
redesignation request for this area, on
September 12, 2006.
1. Lake and Porter Counties Have Met
All Requirements of Section 110 and
Part D of the CAA Applicable for
Purposes of Redesignation for the 8Hour NAAQS
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,
subject ‘‘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 an
area is approved, but are not required as
PO 00000
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Fmt 4701
Sfmt 4702
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).
a. Section 110 and General SIP
Requirements
Section 110(a) of title I of the CAA
contains the general requirements for a
SIP, which include: Enforceable
emission limitations and other control
measures, means, or techniques;
provisions for the establishment and
operation of appropriate devices
necessary to collect data on ambient air
quality; and programs to enforce the
emission limitations. General SIP
elements and requirements are 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: (i) Submittal of a SIP that
has been adopted by the State after
reasonable public notice and a public
hearing; (ii) provisions for establishment
and operation of appropriate procedures
needed to monitor ambient air quality;
(iii) provisions for implementation of a
source permit program; (iv) provisions
for implementation of new source part
C requirements (Prevention of
Significant Deterioration (PSD)) and
new source part D requirements (NSR);
(v) criteria for stationary source
emission control measures, monitoring,
and reporting; (vi) provisions for air
quality modeling; and, (vii) provision
for public and local agency
participation.
SIP requirements and elements are
discussed in the following EPA
documents: The September 4, 1992
Calcagni memorandum; and, the
September 17, 1993 Shapiro
memorandum. See also other guidance
documents discussed 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
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quality problems in another state.
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 when
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. 65 FR 37890 (June 19,
2000), 66 FR 50399 (October 19, 2001),
68 FR 25418, 25426–27 (May 13, 2003).
Further, we believe that the other
section 110 elements described above
that are not connected with
nonattainment plan submissions and
that are not linked with an area’s
attainment status are also not applicable
requirements for purposes of
redesignation. A state remains subject to
these requirements after an area is
redesignated to attainment. We
conclude that only the section 110 and
part D requirements which are linked
with an area’s designation and
classification are the relevant measures
for evaluating this aspect of a
redesignation request. This approach is
consistent with EPA’s policy on
applicability of conformity and
oxygenated fuels requirements for
redesignation purposes, as well as with
section 184 ozone transport control
requirements. See: Reading,
Pennsylvania proposed and final
rulemakings (61 FR 53174–53176,
October 10, 1996 and 62 FR 24826, May
7, 1997); Cleveland-Akron-Lorain, Ohio
final rulemaking (61 FR 20458, May 7,
1996); and Tampa, Florida final
rulemaking (60 FR 62748, December 7,
1995). See also the discussion on this
issue in the Cincinnati, Ohio ozone
redesignation (65 FR 37890, June 19,
2000), and the Pittsburgh, Pennsylvania
ozone redesignation (66 FR 50399,
October 19, 2001).
We believe that section 110 elements
not linked to the area’s nonattainment
status are not applicable for purposes of
redesignation. Any section 110
requirements that are linked to the Part
D requirements for 8-hour ozone
nonattainment areas are not yet due,
because, as noted below, the only Part
D requirements applicable for purposes
of redesignation under the 8-hour
standard that have become due are the
emissions inventory and emissions
statement. Therefore EPA concludes
that Indiana has satisfied the criterion of
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16:09 May 30, 2007
Jkt 211001
section 107(d)(3)(E) regarding section
110 of the Act.
Nonetheless, we also note that the
EPA has previously approved
provisions in the Indiana SIP addressing
section 110 elements under the 1-hour
ozone standard.
b. Part D SIP Requirements Under the 8Hour Ozone Standard
EPA has determined that the Indiana
SIP, with the approval of the base year
emissions inventory, will meet
applicable SIP requirements under part
D of the CAA as they apply to
redesignation to attainment of the 8hour ozone NAAQS. Under part D, an
area’s classification indicates the
requirements to which it will be subject.
Subpart 1 of part D, which includes
sections 172–176 of the CAA, sets forth
the basic nonattainment area plan
requirements applicable to all
nonattainment areas. Subpart 2 of part
D, which includes section 182 of the
CAA, establishes additional, specific
requirements for ozone nonattainment
areas dependent on an area’s
nonattainment classification.
The subpart 1 requirements for all
nonattainment areas are contained in
sections 172(c)(1–9) and section 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).
The SIP requirements of subpart 2
which are relevant to the review of
Indiana’s ozone redesignation request
are contained in sections 182(a)
(marginal nonattainment area
requirements) and 182(b) (moderate
nonattainment area requirements) of the
CAA.6 As noted in our discussion of 1hour nonattainment requirements,
below, as part of a severe 1-hour ozone
nonattainment area, the State of Indiana
and Lake and Porter Counties had
previously been subject to the
requirements of sections 182(a), 182(b),
and 182(c) and 182(d) of the CAA.7
As a moderate nonattainment area
under the 8-hour ozone NAAQS, the
Chicago-Gary-Lake County
nonattainment area was subject to
subpart 2 requirements for moderate
nonattainment areas. Only two ‘‘new’’
6 As a part of a moderate nonattainment area for
the 8-hour ozone NAAQS, Lake and Porter Counties
are subject to requirements for both moderate
nonattainment areas and marginal nonattainment
areas because the requirements of section 182 are
cumulative. Under this section, nonattainment
areas are subject to all requirements at their
classification level and all requirements for areas of
lower classification.
7 As a severe nonattainment area under the 1-hour
ozone NAAQS, Lake and Porter Counties had to
comply with requirements for severe ozone
nonattainment areas.
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requirements for moderate
nonattainment areas under the 8-hour
ozone NAAQS came due prior to
Indiana’s September 12, 2006 submittal
of the complete redesignation request
for Lake and Porter Counties. One such
requirement is that the State submit a
2002 base year comprehensive, accurate
inventory of actual emissions of VOC
and NOX in Lake and Porter Counties in
compliance with section 182(a)(1) of the
CAA. This requirement came due on
June 15, 2006, prior to submission of the
area’s redesignation request. 70 FR
71612, 71664 (November 29, 2005) 40
CFR section 5.915. On March 26, 2007,
IDEM submitted documentation of 2002
base year VOC and NOX emissions in
every county in the State. The base year
emissions documentation for Lake and
Porter Counties is reviewed below in
section VIII of this proposed rule. EPA
proposes to conclude that Indiana has
complied with this requirement.
A second requirement which came
due on June 15, 2006 is a requirement
under section 182(a)(3)(B) of the CAA
for State rules requiring major stationary
sources to annually report facility
emissions of VOC and NOX (annual
emission statements). Indiana revised its
State rule regarding emission statements
under the 8-hour ozone standard, and
we approved this rule on March 29,
2007 (72 FR 14678).
We believe that other requirements
under subparts 1 and 2 that apply to
Lake and Porter Counties did not come
due prior to the State’s submittal of a
complete ozone redesignation request
for this area and thus do not apply to
an evaluation of the redesignation
request. Under EPA’s longstanding
policy these requirements are not
applicable for purposes of
redesignation. See September 4, 1992
Calcagni memorandum, Detroit-Ann
Arbor redesignation, 60 FR 12459,
12465–66 (March 7, 1995), and Sierra
Club v. EPA, 375 F.3d 537 (7th Cir.
2004).
For example, the requirement for
submission of an ozone attainment
demonstration as contained in section
172(c)(1) was not yet applicable for this
area, nor was the requirement for
contingency measures under section
172(c)(9) and 182(c)(9), both of which
were not due until June 15, 2007.
In addition, no section 172(c)(1) and
182(b)(2) RACT requirement submission
under the 8-hour standard is applicable
for purposes of redesignation, since the
State submitted a redesignation request
on September 12, 2006, prior to the due
date of the RACT requirements. Thus
because the RACT requirements did not
become due until after September 15,
2006, under EPA’s longstanding policy
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these requirements are not applicable
for purposes of redesignation.
Preliminary monitoring data through the
time of submittal of the redesignation
request showed that the area was
attaining the standard, and qualityassured data subsequently showed that
the area continued to attain the standard
through the end of the ozone season. In
addition, the fourth-high concentration
for all monitoring sites had occurred by
mid-July, 2006. The State of Indiana was
tracking peak ozone concentrations in
2006, and through the near-realtime
AIRNOW public information system; so
was EPA. EPA and the State were aware
of the fact that the likely high ozone
concentrations in 2006 had occurred
prior to the State’s submittal of the
redesignation request. After reviewing
the peak 8-hour ozone concentrations in
2006, we found that the top four 8-hour
ozone concentrations for all monitoring
sites in the Chicago-Gary-Lake County,
IL-IN area and the Chiwaukee Prairie
site during 2006 occurred well prior to
September 12. In recent previous years
as well, no fourth high concentration in
excess of the standard had occurred
after September 12, and values
monitored in late September were below
the standard. In 2004–2006, no values
above 85 ppm were recorded after
September 12. Given the fact that peak
ozone concentrations in this area
usually occur in June, July, and August,
it was highly unlikely at the time of
submittal that any additional
exceedances would occur after
submittal of the redesignation request,
and quality-assured data showed that
none did in fact occur.
Moreover, with respect to conformity
and NSR requirements, EPA believes
that these are not applicable
requirements for purposes of evaluating
a redesignation request.
Under Section 176(c), 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
SIPs. The requirement to determine
conformity applies to transportation
plans, programs, and projects
developed, funded, or approved under
Title 23 U.S.C. and the Federal Transit
Act (transportation conformity) as well
as to all other Federally-supported or
funded projects (general conformity).
State conformity SIP revisions must be
consistent with Federal conformity
regulations that EPA issued pursuant to
the CAA. EPA’s longstanding
interpretation is that conformity
requirements are not applicable
requirements for purposes of evaluating
redesignation requests. State conformity
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rules are still required after
redesignation of areas 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).
EPA has also determined that areas
being redesignated need not comply
with the requirement that a NSR
program be approved prior to
redesignation (although Indiana does
have an approved NSR program),
provided that the states demonstrate
maintenance of the standard without
part D NSR. PSD requirements will
apply after redesignations to attainment.
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 Lake and Porter Counties and the
Chicago-Gary-Lake County, IL-IN area
will be able to maintain the 8-hour
ozone standard without part D NSR in
effect, and therefore, we conclude that
the State need not have a fully approved
part D NSR program prior to approval of
the redesignation request. The State’s
PSD program will become effective in
Lake and Porter Counties upon
redesignation to attainment. See
rulemakings for: Detroit, Michigan (60
FR 12467–12468, March 7, 1995);
Cleveland-Akron-Lorain, Ohio (61 FR
20458, 20469–20470, May 7, 1996);
Louisville, Kentucky (66 FR 53665,
October 23, 2001); and, Grand Rapids,
Michigan (61 FR 31834–31837, June 21,
1996).
2. Lake and Porter Counties Have a
Fully Approved SIP Under Section
110(k) of the CAA
Except as noted above with respect to
emissions inventories, EPA has fully
approved the Indiana SIP for Lake and
Porter Counties under section 110(k) of
the CAA for all requirements applicable
for purposes of redesignation. EPA may
rely on prior SIP approvals in approving
a redesignation request (See the
September 4, 1992 John Calcagni
memorandum, page 3, Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–990 (6th
Cir. 1998), and Wall v. EPA, 265 F.3d
426 (6th Cir. 2001)) plus any additional
measures it may approve in conjunction
with a redesignation action. See 68 FR
25426 (May 12, 2003). Indiana has
adopted and submitted, and EPA has
fully approved at various times,
provisions addressing the various 1-
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hour required SIP elements applicable
to Lake and Porter Counties for
purposes of redesignation, as well as the
emissions statement provision for the 8hour standard. 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 reviewing
the State’s redesignation request. EPA
also believes that since the part D 8hour requirements, (with the exception
of the requirements for submittal of the
emissions statement, and the
requirement for submittal of a base year
emissions inventory, which we address
here, including documentation of the
base year emissions supplied by the
State subsequent to the submittal of the
ozone redesignation request), did not
become due prior to Indiana’s
submission of a final, complete
redesignation request for Lake and
Porter Counties, they also are not
applicable requirements for purposes of
redesignation.
D. Have Lake and Porter Counties Met
the Part D Nonattainment Area and
Section 110 Requirements Under the 1Hour Ozone Standard?
In this section of the proposed rule,
we discuss the 1-hour ozone SIP
emission control requirements of the
CAA applicable to Lake and Porter
Counties. As noted above, prior to the
revocation of the 1-hour ozone standard,
the Chicago-Gary-Lake County, IL-IN
area was a severe nonattainment area
under the 1-hour ozone standard. In
reviewing the State of Indiana’s ozone
redesignation request for Lake and
Porter Counties, we assessed the
compliance of this area with the CAA
requirements under the 1-hour ozone
standard. If the 1-hour standard is
deemed to be reinstated, EPA would
construe the State’s request for
redesignation under the 8-hour standard
as also constituting a request under the
1-hour standard. We conclude that Lake
and Porter Counties and the State have
met all CAA requirements applicable to
a severe 1-hour ozone nonattainment
area.
Lake and Porter Counties, as part of
the Chicago-Gary-Lake County, IL-IN
area, were subject to ozone requirements
for severe 1-hour ozone nonattainment
areas pursuant to sections 182(a)
through 182(d) of the CAA.
The following paragraphs discuss
how the applicable requirements have
been met, if the 1-hour standard is
deemed to be reinstated.
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RACT
Section 182(a)(2)(A) requires RACT
corrections, Section 182(b)(2) of the
CAA requires RACT for each category of
VOC sources covered by a Control
Technique Guideline (CTG) and for all
other major sources of VOC within an
ozone nonattainment area, and Section
182(d) specifies requirements for severe
areas, including a major source cutoff of
25 tons per year. Section 182(f) of the
CAA requires major sources of NOX in
an ozone nonattainment area to be
covered by the same types of emission
controls required for sources of VOC, or,
in other words, it requires NOX RACT.
Through rulemakings on: March 6, 1992
(57 FR 8082); May 4, 1995 (60 FR
22240); July 5, 1995 (60 FR 34856);
January 17, 1997 (62 FR 2591 and 62 FR
2593); October 30, 1996 (61 FR 55889);
June 29, 1998 (63 FR 35141); and, June
8, 2000 (65 FR 36343), EPA fully
approved Indiana’s VOC RACT
regulation SIP revisions for Control
Technique Guideline (CTG) sources and
for non-CTG sources which have an
applicability threshold of 25 tons per
year (tpy) or more. On January 26, 1996
(61 FR 2428), EPA approved a NOX
control waiver request under section
182(f) of the CAA, exempting Lake and
Porter Counties from the NOX RACT
requirement of section 182(f) as it
applied to the 1-hour ozone NAAQS.
NSR
Section 182(a)(2)(C) requires States to
adopt an NSR permit program and to
correct the existing NSR permit
programs to meet EPA NSR guidelines
issued prior to 1990. EPA approved
Indiana’s NSR permit program,
including the requirements in section
182(c)(6), (c)(7) and (c)(8), and the offset
requirements in section 182(d)(2)
through rulemakings on October 7, 1994
(59 FR 51108), August 18, 1995 (60 FR
43008), and July 21, 1997 (62 FR 38919).
Moreover, as noted above, EPA believes
that these are not applicable
requirements for purposes of evaluating
a redesignation request.
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Major Source Emission Statements
Section 182(a)(3)(B) of the CAA
requires States to adopt rules requiring
major sources of VOC and NOX in an
ozone nonattainment area to submit
annual emissions statements regarding
their emissions for the prior years.
Through rulemakings on August 9, 1994
(59 FR 29956) and October 29, 2004 (69
FR 63069), EPA approved Indiana’s
emissions statements regulations for 1hour ozone nonattainment areas.
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Vehicle I/M
Through rulemakings on March 19,
1996 (61 FR 11142) and September 27,
2001 (66 FR 49297), EPA fully approved
Indiana’s vehicle I/M program as
meeting the enhanced program
requirements of section 182(c)(3) of the
CAA. Therefore, Lake and Porter
Counties meet the I/M requirements for
a severe 1-hour ozone nonattainment
area.
ROP
Sections 182(b)(1)(A) and 182(c)(2)(B)
of the CAA establish the ROP
requirements for ozone nonattainment
areas. EPA has fully approved Indiana’s
SIP revisions that demonstrate that
Indiana has achieved ROP in Lake and
Porter Counties. On July 18, 1997 (62 FR
38457), EPA approved Indiana’s plan to
achieve a 15 percent reduction in VOC
emissions in Lake and Porter Counties
that was required in section 182(b) of
the CAA. On January 26, 2000 (65 FR
4126), EPA approved Indiana’s plan to
achieve ROP between 1996 and 1999 in
Lake and Porter Counties, meeting the
ROP requirements of section 182(c) of
the CAA. Finally, on November 13, 2001
(66 FR 56944), EPA approved Indiana’s
plan to achieve ROP emission
reductions from 1999 through 2007.
Stage II Gasoline Vapor Recovery
On November 3, 1999 (64 FR 59642),
EPA approved Indiana’s Stage II
gasoline vapor recovery program for
Lake and Porter Counties as required by
section 182(b)(2) of the CAA.
Clean Fuel Fleet Program
On March 21, 1996 (61 FR 11552),
EPA approved Indiana’s clean fuel fleet
program rules as required by section
182(c)(4) of the CAA.
Conformity
The conformity portion of the Court’s
ruling in South Coast Air Quality
Management District v. EPA does not
impact the redesignation request for
Lake and Porter Counties because there
are no conformity requirements that are
relevant to redesignation requests for
any standard, including the requirement
to submit a transportation conformity
SIP.8 Under longstanding EPA policy,
EPA believes it is reasonable to interpret
the conformity SIP requirements as not
applying for purposes of evaluating a
redesignation request under section
8 CAA section 176(c)(4)(E) requires States to
submit revisions to their SIPs to reflect certain
Federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from motor vehicle
emissions budgets that are established in control
strategy SIPs and maintenance plans.
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30445
107(d) because State conformity rules
are still required after redesignation and
Federal conformity rules apply where
State rules have not been approved. See
40 CFR 51.390. Also see Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), upholding
this interpretation, and 60 FR 62748
(December 7, 1995) (Tampa, Florida
ozone redesignation).
Section 185 Fee Provisions
Although the fees provision under
section 185(a) of the CAA was not
specifically identified in the May 10,
1995 Clean Data Policy memorandum as
one of the requirements subject to EPA’s
Clean Data Policy interpretation, EPA’s
statutory interpretation extends to this
provision. Under section 185(a), the fees
provision is expressly a component of
the attainment demonstration and, since
the requirement for an attainment
demonstration is suspended, the
requirement for its components is also
suspended when an area is monitoring
attainment of the standard. See 40 CFR
section 51.918. EPA has taken the same
position with respect to the Reasonably
Available Control Measures (RACM)
requirement, which is also a component
of the attainment demonstration. 70 FR
71645–71646 (November 29, 2005). EPA
proposes to find that Lake and Porter
Counties are attaining the 1-hour ozone
standard, and, thus, the requirement for
submitting a fee provision as a
component of the 1-hour attainment
demonstration is suspended for so long
as the area is attaining the standard and
until it is redesignated to attainment.
Section 182(g) Milestones
The Section 182(g) Milestones
requirements are included in those
measures subject to EPA’s interpretation
in its Clean Data Policy memorandum of
May 10, 1995, and because EPA has
determined that the area has attained
the 1-hour standard, the requirement of
section 182(g) is not applicable for so
long as the area attains the standard and
until it is redesignated to attainment.
See also 40 CFR section 51.918.
Enhanced Ambient Monitoring
On March 16, 1994 (59 FR 12168),
EPA fully approved Indiana’s SIP
revision establishing an enhanced
monitoring program in Lake and Porter
Counties as required by section
182(c)(1) of the CAA.
Transportation Control Measures
Within six years of November 15,
1990, and every three years thereafter,
section 182(c)(5) of the CAA requires
states to submit a demonstration of
whether current aggregate vehicle
mileage, aggregate vehicle emissions,
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congestion levels, and other relevant
traffic-related and vehicle emissionsrelated factors (collectively ‘‘relevant
parameters’’) are consistent with those
used for the area’s ozone demonstration
of attainment for serious and above 1hour ozone nonattainment areas. If the
levels of relevant parameters that are
projected in the attainment
demonstration are exceeded, a state has
18 months to develop and submit a
revision of the applicable state
implementation plan to include TCMs
to reduce emissions to a level consistent
with emissions levels in the attainment
demonstration for an area.
Alternatively, EPA has determined
that nonattainment areas are not
permanently locked into the estimates
of future emissions given in the initial
SIP submittal, nor locked into those in
any subsequently approved amendment
thereto. As we stated in the General
Preamble, once approved, the amended
SIP revision would have the effect of
increasing the allowable motor vehicle
emissions (including those due to
changes in the relevant parameters). See
57 FR 13498 at 13520 (April 16, 1992).
Thus, if actual emissions exceed those
projected in an area’s attainment
demonstration, a state may at any time
before the area reaches attainment,
amend an area’s SIP to demonstrate
attainment while altering the mix of
emissions reductions in the SIP from
various kinds of sources (motor vehicle
versus non-motor vehicle), rather than
include TCMs in the SIP.
On April 30, 1998, Indiana submitted
an ozone attainment demonstration
based on a range of possible emission
control measures reflecting various
emission control alternatives and did
not specify a single set of emission
control measures. On December 16,
1999 (64 FR 70514), the EPA proposed
to conditionally approve the 1-hour
ozone attainment demonstration for
Lake and Porter Counties. On December
21, 2000, Indiana submitted a SIP
revision request consisting of a
demonstration that the Chicago-GaryLake County, IL-IN 1-hour ozone
nonattainment area would attain the 1hour ozone NAAQS by November 15,
2007, the statutory attainment deadline
for the area. The requested SIP revision
was fully approved on November 13,
2001 (66 FR 56944). EPA, therefore,
concludes that Indiana has complied
with the substance of section 182(c)(5)
of the CAA, has no currently due
section 182(c)(5) obligations, and, by the
virtue of EPA’s approval of the 1-hour
ozone attainment demonstration, has
never triggered an obligation under
section 182(c)(5) to include additional
TCMs in the 1-hour ozone SIP for Lake
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and Porter Counties. In addition, the
section 182(c)(5) requirements are also
included in those measures subject to
EPA’s interpretation under EPA’s May
10, 1995 Clean Data Policy
memorandum. EPA therefore proposes
in the alternative to find that since Lake
and Porter Counties are attaining the 1hour ozone standard, any requirement
for submitting the section 182(c)(5)
measures is suspended for so long as the
area is attaining the standard and until
it is redesignated to attainment. See also
40 CFR 51.918.
Vehicle Miles Traveled
Section 182(d)(1)(A) of the CAA
requires severe ozone nonattainment
areas to offset the growth in emissions
attributable to growth in Vehicle Miles
Traveled (VMT); to select and
implement TCMs necessary to comply
with the periodic emission reduction
requirements of section 182(b) and (c);
and, to consider TCMs specified in
section 108(f), and implement such
TCMs as necessary to demonstrate
attainment with the ozone standard.
Through rulemakings on July 28, 1995
(60 FR 38718) and August 3, 2001 (66
FR 40829), EPA approved Indiana’s
TCMs as meeting these requirements of
the CAA.
NOX Requirements
With respect to NOX requirements
under section 182(f) of the CAA, as
discussed above, EPA has approved a
NOX control waiver for Lake and Porter
Counties. See 61 FR 2428 (January 26,
1996). In addition, we have approved
Indiana NOX emission control
regulations adopted in response to
EPA’s NOX SIP call. See 66 FR 56465
(November 8, 2001) and 68 FR 69025
(December 11, 2003).
Emission Inventories
Section 182(a)(1) requires that States
submit comprehensive, accurate,
current inventories of actual emissions
from all sources, within 2 years of
enactment of the CAA amendments of
1990. This inventory requirement was
approved on January 4, 1995 (60 FR
375). Periodic VOC and NOX emission
inventories were required to be
submitted every three years, beginning
in November 15, 1995. NOX and VOC
emission inventory updates for 1999,
2002, and 2004 are contained in
Indiana’s September 12, 2006 submittal.
EPA is proposing to approve these
emission inventory updates as meeting
the section 182(a)(3)(A) requirement of
the CAA for periodic emission
inventory submissions under the 1-hour
standard.
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Ozone Attainment Demonstration
As noted above, on November 13,
2001 (66 FR 56944), EPA fully approved
Indiana’s 1-hour ozone attainment
demonstration SIP revision for the
Chicago-Gary-Lake County, IL-IN
1-hour ozone nonattainment area.
Contingency Measures
Sections 172(c)(9) and 182(c)(9) of the
CAA require ozone control plans to
contain measures to be implemented in
the event that any milestone in the
ozone control plan is missed. EPA
approved Indiana’s contingency
measures for attainment of the 1-hour
ozone standard in Lake and Porter
Counties in our approval of the State’s
ozone attainment plan. See 66 FR 56944
(November 13, 2001).
For the above reasons EPA believes
that Indiana has met all applicable part
D requirements under the 1-hour ozone
standard for purposes of redesignation.
It is noted that the State has committed
to maintain the VOC and NOX emission
controls already in place.
In addition, EPA has previously
approved provisions in the Indiana SIP
addressing section 110 elements under
the 1-hour standard. We have analyzed
the Indiana SIP as codified in 40 CFR
part 52, subpart P, and have determined
that it is consistent with the
requirements of section 110(a)(2) of the
CAA.
Therefore, with regard to compliance
with the requirements for the 1-hour
ozone standard, the State has met all
applicable requirements for purpose of
redesignation under the 1-hour
standard, were that standard to be
deemed reinstated. In addition, as
discussed below, the State’s
maintenance plan for the 8-hour
standard also provides for maintenance
of the 1-hour standard (the area has an
approvable ozone maintenance plan and
the State is committed to revise this
plan within 8 years after the
redesignation of the area to attainment).
We also find that, as set forth below, the
area has achieved the ozone standard
due to the implementation of
permanent, enforceable emission
controls; and the EPA has fully
approved an ozone SIP meeting all
requirements applicable for purposes of
redesignation. As noted below, the State
of Indiana and Lake and Porter Counties
meet these requirements for the 8-hour
ozone NAAQS. We propose to find that
Lake and Porter Counties would also
qualify for redesignation to attainment
of the 1-hour ozone NAAQS if this
standard is deemed to be reinstated.
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E. Are the Air Quality Improvements in
Lake and Porter Counties and in the
Chicago-Gary-Lake County, IL-IN
Nonattainment Area Due to Permanent
and Enforceable Emission Reductions
Resulting From the Implementation of
the Indiana SIP and Applicable Federal
Air Pollution Control Regulations and
Other Permanent and Enforceable
Emission Reductions?
To make the demonstration that the
improvement in air quality is due to
permanent and enforceable emissions
reductions, the State of Indiana has
documented changes in VOC and NOX
emissions from all anthropogenic (manmade or man-based) sources in Lake and
Porter Counties between 1999 and 2004,
including 2002, an ozone standard
violation year, and 2004, one of the
years in which the Chicago-Gary-Lake
County, IL-IN area attained the 8-hour
ozone standard. The State has also
discussed the permanent and
enforceable emission controls that have
been implemented in Lake and Porter
Counties, in the State of Indiana, and in
other upwind areas that have
contributed to the air quality
improvement in Lake and Porter
Counties.
Table 3 summarizes the VOC and
NOX emissions totals from the
anthropogenic sources in Lake and
Porter Counties for 1999 through 2004.
From the table, it can be seen that both
VOC and NOX emissions in Lake and
Porter Counties decreased between 1999
and 2004 and, most importantly,
between 2002, an ozone standard
violation year, and 2004, an ozone
standard attainment year.
TABLE 3.—VOC AND NOX EMISSIONS FROM ANTHROPOGENIC SOURCES IN LAKE AND PORTER COUNTIES IN TONS PER
SUMMER DAY
Source sector
1999
VOC Emissions:
Point ..............................................................................................................................................................
Area ..............................................................................................................................................................
On-Road Mobile ...........................................................................................................................................
Non-Road Mobile ..........................................................................................................................................
2002
2004
28.84
49.59
33.29
19.98
24.58
32.27
20.00
35.09
25.62
31.33
18.90
31.63
Total .......................................................................................................................................................
NOX Emissions:
Point ..............................................................................................................................................................
Area ..............................................................................................................................................................
On-Road Mobile ...........................................................................................................................................
Non-Road Mobile ..........................................................................................................................................
131.70
111.94
107.48
214.58
10.36
49.92
49.07
186.44
5.72
55.00
38.61
148.20
5.77
65.95
40.64
Total .......................................................................................................................................................
323.93
285.77
260.56
Table 4 summarizes the NOX emission
trends for Electric Generating Units
(EGUs) in Northwest Indiana (Jasper,
Lake, LaPorte, and Porter Counties) and
statewide for 1999 through 2005.
TABLE 4.—NOX EMISSION TRENDS FOR ELECTRIC GENERATING UNITS IN NORTHWEST INDIANA AND STATEWIDE—
EMISSIONS IN THOUSANDS OF TONS PER OZONE SEASON (APRIL–SEPTEMBER)
Area
1999
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Northwest Indiana ............................................................................................
Statewide .........................................................................................................
As noted in Tables 3 and 4, the total
VOC emissions in Lake and Porter
Counties and the EGU NOX emissions in
Northwest Indiana and statewide have
declined between 1999 and 2004. IDEM
notes that these emission decreases have
resulted from the implementation of
permanent and enforceable emission
controls, such as implementation of
RACT rules, tighter Federal standards
for new vehicles, Title IV of the CAA,
and NOX controls required by the
Indiana NOX SIP. Specifically in Lake
and Porter Counties, the following
emission control measures were
implemented: RACT rules found in
volume 326 of the Indiana
Administrative Code (IAC) chapter 8
(326 IAC 8), including IAC 8–1 (best
available control technology for new
source facilities), IAC 8–2 (surface
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2000
2001
2002
31.8
149.8
25.0
133.9
27.4
136.1
22.7
114.0
coating emission limitations), IAC 8–3
(solvent degreasing controls), IAC 8–4
(petroleum source controls), IAC 8–5
(miscellaneous operation controls), and
IAC 8–6 (organic solvent emission
limitations); VOC emission controls
implemented to meet Rate-Of-Progress
(ROP) requirements, including the
following:
1. Enhanced Vehicle Inspection and
Maintenance
2. Stage II Vapor Recovery on Gasoline
Marketing Sources
3. Reformulated Gasoline
4. National VOC Emission Standards for
Architectural Coatings
5. Residential Open Burning Ban
6. Non-Control Technology Guideline
Source RACT
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2003
18.0
99.3
2004
11.8
66.6
2005
10.6
55.5
7. National Emission Standards for
Benzene from Coke Oven By-Product
Recovery Plants
8. National Emission Standards for Coke
Oven Batteries
9. Federal Phase I Reformulated
Gasoline for Small Non-Road Engines
10. Federal Controls on Small SparkIgnited Engines
11. Commercial/Consumer Solvent
Reformulation Rule
12. Volatile Organic Liquid Storage
RACT
13. Sinter Plant Rule
14. Municipal Solid Waste Landfill Rule
15. Petroleum Refineries National
Emission Standard for Hazardous Air
Pollutants
16. Banning of the Use of Untreated
Water for Quenching, and,
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17. Cold Cleaner Degreaser RACT (an
extension of 326 IAC 8–3).
NOX emission controls in Lake and
Porter County resulted from the
implementation of the NOX emission
control requirements and emission caps
included in the State’s NOX SIP.
Beginning in 2004, this set of NOX
control rules accounted for a reduction
of approximately 33 percent statewide
from 2003 EGU emissions. IDEM also
notes that other states have also
implemented similar NOX emission
controls, resulting in reduced ozone and
ozone precursor transport into Lake and
Porter Counties and into the ChicagoGary-Lake County, IL-IN ozone
nonattainment area.
IDEM is convinced that all of these
VOC and NOX emission controls, which
are permanent and enforceable, are
responsible for the observed ozone air
quality improvement in Lake and Porter
Counties and have contributed
significantly to the attainment of the 8hour ozone NAAQS in the ChicagoGary-Lake County, IL-IN area. See also
the discussion of Temperature Ozone
Exceedance Frequency Study in section
VII B. of this proposal.
Besides the State’s VOC RACT, ROP,
and NOX emission control requirements,
other Federal emission control
requirements have recently resulted in
VOC and NOX emission reductions or
will shortly further reduce VOC and
NOX emissions in Northwest Indiana
and throughout the Chicago-Gary-Lake
County, IL-IN area. 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 nationwide: 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
2004–2006 attainment years, most of
these emission reductions will occur
during the maintenance period for Lake
and Porter Counties.
Heavy-Duty Diesel Engines. In July
2000, EPA issued a final rule to control
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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
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 Lake and Porter Counties and the
Chicago-Gary-Lake County, IL-IN area
after Lake and Porter Counties are
redesignated to attainment of the 8-hour
ozone NAAQS. All changes in existing
rules affecting Lake and Porter Counties
and new rules subsequently needed to
provide for the maintenance of the 8hour ozone NAAQS in Lake and Porter
Counties will be submitted to the EPA
for approval as SIP revisions.
Thus, EPA proposes to determine that
Lake and Porter Counties have met the
requirement of section 107(d)(3)(E)(iii)
of the CAA that the improvement in air
quality is due to permanent and
enforceable emissions reductions.
F. Do Lake and Porter Counties Have a
Fully Approvable Ozone Maintenance
Plan Pursuant to Section 175A of the
CAA?
In conjunction with its request to
redesignate Lake and Porter Counties to
attainment of the ozone NAAQS,
Indiana submitted a SIP revision request
to provide for maintenance of the 8-hour
ozone NAAQS in this area for at least
10 years after the redesignation of this
area to attainment of the 8-hour ozone
NAAQS. EPA proposes to approve this
maintenance plan pursuant to section
175A and section 107(d)(3)(E)(iv) of the
CAA.
1. What Is Required in an Ozone
Maintenance Plan?
Section 175A of the CAA sets forth
the required elements of air quality
maintenance plans for areas seeking
redesignation from nonattainment to
attainment of a NAAQS. Under section
175A, a maintenance plan must
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demonstrate continued attainment of
the applicable NAAQS for at least 10
years after the Administrator approves
the redesignation to attainment. Within
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.
2. What Are the Attainment Emission
Inventories for Lake and Porter
Counties?
IDEM prepared comprehensive VOC
and NOX emission inventories for Lake
and Porter Counties, including point
(significant stationary sources
individually inventoried), area (smaller
and widely-distributed stationary
sources collectively inventoried by
source type and geographical area),
mobile on-road, and mobile non-road
sources for 2004 (the redesignation
request’s base year/attainment year). To
develop the attainment year emission
inventories, IDEM used the following
approaches and sources of data.
a. Point Sources
2004 point source emissions were
compiled using IDEM’s annual
emissions statement database and the
2005 EPA Air Markets acid rain
emissions inventory database.
b. Area Sources
Area source VOC and NOX emissions
were projected from Indiana’s 2002 base
year emissions inventory, which was
previously submitted to EPA’s National
Emissions Inventory system. The
documentation of this base year
emissions inventory has been submitted
by the State, and is reviewed elsewhere
in this proposed rule.
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c. On-Road Mobile 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 by
roadway link and area) developed using
the region’s travel-demand model. IDEM
has provided detailed data summaries to
document the calculation of on-road
mobile source VOC and NOX emissions
for 2004, as well as for the projection
years of 2010 and 2020 (further
discussed below).
d. Non-Road Mobile Sources
2004 non-road mobile source
emissions were projected for the 2002
National Emissions Inventory (NEI) nonroad mobile source emissions developed
by the EPA. IDEM used the NEI
emissions 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, the Lake
Michigan Air Directors Consortium
(LADCO) contracted with several
consulting companies to review the base
data used by the EPA and to make
recommendations for corrections to the
model used to calculate the 2002
emissions. Emissions were estimated for
commercial marine vessels and
railroads. Recreational motorboat
populations and surrogates (used to
assign emissions to each county) were
updated by contracted consultants. The
populations for the construction
equipment category were reviewed and
updated based on surveys completed in
the Midwest, and the temporal
allocation of agricultural sources was
also updated. Based on these and other
updates, the EPA revised the non-road
estimation model for 2002, which was
used for the basis for the projected 2004
non-road mobile source emissions.
The 2004 attainment year VOC and
NOX emissions for Lake and Porter
Counties are summarized along with the
2010 and 2020 projected emissions in
Tables 5 below. We agree that the State
has acceptably derived and documented
the attainment year VOC and NOX
emissions for Lake and Porter Counties.
3. Has the State Demonstrated
Maintenance of the Ozone Standard in
Lake and Porter Counties and in the
Chicago-Gary-Lake County, IL-IN Ozone
Nonattainment Area?
As part of the September 12, 2006
redesignation request submittal, IDEM
included a requested revision to the SIP
to incorporate an ozone maintenance
plan as required under section 175A of
the CAA. The maintenance plan
includes an ozone maintenance
demonstration based on the comparison
of projected emissions to the attainment
year emissions levels. This
demonstration shows that future (2010
and 2020) VOC and NOX emissions
remain at or below the 2004 attainment
year levels. 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 5 specifies the VOC and NOX
emissions in Lake and Porter Counties
for 2004, 2010, and 2020. IDEM chose
2020 as the maintenance projection year
to meet the 10-year maintenance
projection requirement, allowing time
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 year levels throughout the
maintenance period.
TABLE 5.—ATTAINMENT YEAR AND PROJECTED VOC AND NOX EMISSIONS IN LAKE AND PORTER COUNTIES IN TONS PER
SUMMER DAY
Years
Source sector
2004
VOC Emissions:
Point ..............................................................................................................................................................
Area ..............................................................................................................................................................
On-Road Mobile ...........................................................................................................................................
Non-Road Mobile ..........................................................................................................................................
2010
2020
25.62
31.33
18.90
31.63
25.36
31.72
9.93
24.44
30.84
34.31
5.71
20.26
Total .......................................................................................................................................................
NOX Emissions
Point ..............................................................................................................................................................
Area ..............................................................................................................................................................
On-Road Mobile ...........................................................................................................................................
Non-Road Mobile ..........................................................................................................................................
107.48
91.45
91.12
148.20
5.77
65.95
40.64
97.06
6.07
38.65
33.95
102.15
6.40
11.97
28.51
Total .......................................................................................................................................................
260.56
175.73
149.03
Using emissions data provided by
LADCO for the remainder of the
Chicago-Gary-Lake County, IL-IN ozone
nonattainment area (for the Illinois
portion of this area), IDEM has also
determined the VOC and NOX emissions
for the entire nonattainment area. These
VOC and NOX emissions are
summarized in Table 6.
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TABLE 6.—ATTAINMENT YEAR AND PROJECTED VOC AND NOX EMISSIONS IN THE CHICAGO-GARY-LAKE COUNTY, IL-IN
OZONE NONATTAINMENT AREA IN TONS PER SUMMER DAY
Years
Source sector
2004
2010
2020
97.65
225.34
94.35
221.72
128.84
234.32
VOC Emissions:
Point ..............................................................................................................................................................
Area ..............................................................................................................................................................
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TABLE 6.—ATTAINMENT YEAR AND PROJECTED VOC AND NOX EMISSIONS IN THE CHICAGO-GARY-LAKE COUNTY, IL-IN
OZONE NONATTAINMENT AREA IN TONS PER SUMMER DAY—Continued
Years
Source sector
2010
2020
On-Road Mobile ...........................................................................................................................................
Non-Road Mobile ..........................................................................................................................................
198.90
159.63
165.27
109.44
100.60
122.25
Total .......................................................................................................................................................
NOX Emissions:
Point ..............................................................................................................................................................
Area ..............................................................................................................................................................
On-Road Mobile ...........................................................................................................................................
Non-Road Mobile ..........................................................................................................................................
681.52
590.78
586.01
442.21
45.77
464.95
321.64
301.06
53.07
314.59
242.95
334.15
57.40
145.08
101.51
Total .......................................................................................................................................................
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2004
1274.57
911.67
638.14
Tables 5 and 6 show that VOC and
NOX emissions are projected to decline
in both Lake and Porter Counties and in
the Chicago-Gary-Lake County, IL-IN
ozone nonattainment area after 2004.
This demonstrates maintenance of the
ozone standard in these areas through
2020 and throughout the ozone
maintenance period.
IDEM also notes that the State’s EGU
NOX emission control rules stemming
from EPA’s NOX SIP call, implemented
beginning in 2004, with additional NOX
emission reductions expected to result
from the implementation of new Phase
2 NOX rules, and the Clean Air
Interstate Rule (CAIR) will further lower
NOX emissions throughout Northwest
Indiana, in the Chicago-Gary-Lake
County, IL-IN area, statewide in Indiana,
and in other upwind states, resulting in
decreased ozone and ozone precursor
transport into Lake and Porter Counties
and the Chicago-Gary-Lake County area.
This will also support maintenance of
the ozone standard in the Chicago-GaryLake County area.
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),
which maintains a travel demand
forecast model that is capable of
projecting changes in total daily 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.
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 Lake and Porter Counties
and in the Chicago-Gary-Lake County,
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IL-IN area. 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 Lake and
Porter Counties.
The demonstration of maintenance for
the 8-hour standard also demonstrates
maintenance for the 1-hour standard
because the same attainment year and
maintenance year emissions inventories
that show maintenance for the 8-hour
standard similarly show maintenance
for the 1-hour standard. As
demonstrated above, future VOC and
NOX emissions are projected to remain
at or below the 2004 attainment year
levels.
4. What Is the Contingency Plan for
Lake and Porter Counties?
a. Verification of Continued Attainment
Continued attainment of the 8-hour
ozone NAAQS in Lake and Porter
Counties and in the Chicago-Gary-Lake
County, IL-IN area depends on the
State’s efforts toward tracking
applicable indicators during the
maintenance period and taking
appropriate actions if trends in the
indicators indicate that additional
emission reductions are needed to
correct an existing or developing air
quality problem. The State’s plan for
verifying continued attainment of the 8hour ozone standard in these areas
consists, in part, of a plan to continue
ambient monitoring in Lake and Porter
Counties and to track ozone air quality
in the maintenance area, including the
Illinois portion of the Chicago-Gary-
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Lake County area and the Chiwaukee
Prairie, WI monitor. In addition, IDEM
will periodically revise and review the
VOC and NOX emissions for Lake and
Porter Counties to assure that emissions
growth is not threatening the continued
attainment of the 8-hour 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.
b. 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
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.
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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 maximum
8-hour ozone concentration of 0.089
ppm occurs in a single ozone season or
a 2-year averaged fourth-high monitored
daily maximum 8-hour ozone
concentration of 0.085 ppm or greater
occurs within the maintenance area. A
Warning Level Response will consist of
a study to determine whether the ozone
concentration indicates a trend toward
higher ozone concentrations or whether
emissions appear to be increasing. The
study will evaluate whether the trend, if
any, is likely to continue and, if so, the
control measures necessary to reverse
the trend taking into consideration ease
and timing for implementation, as well
as economic considerations.
Implementation of necessary controls in
response to the Warning Level Response
trigger will take place as expeditiously
as possible, but in no event later than 12
months from the conclusion of the most
recent ozone season (September 30). If
new emission controls are needed to
reverse the adverse ozone/emissions
trend, the procedure 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
ozone standard is monitored at any of
the monitors in the area. On February
20, 2007, IDEM submitted a letter to the
EPA clarifying that an Action Level
Response will be triggered if a future
violation of the 8-hour ozone NAAQS is
monitored within any part of the
Chicago-Gary-Lake County, IL-IN area or
at the Chiwaukee Prairie monitoring site
in Kenosha County, Wisconsin. In the
event that the Action Level is triggered
and is not found to be due to an
exceptional event, malfunction, or
noncompliance with a source permit
condition or rule requirement, IDEM
will determine additional control
measures needed to assure future
attainment of the ozone NAAQS. In this
case emission control measures that can
be implemented in a short time will be
selected in order to be implemented
within 18 months from the close of the
ozone season that prompted the Action
Level Response.
Adoption of any additional emission
control measures prompted by either of
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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 return
the area to attainment. As discussed
below, EPA understands that Indiana
will commit to submit any such
proposed or existing emission control
measure to EPA as a SIP revision.
Contingency measures contained in
the maintenance plan are those
emission controls or other measures that
the State may choose to adopt and
implement in response to either an
Action Level or a Warning Level trigger.
These include, but are not limited to,
the following:
i. Vehicle emissions testing program
enhancements, including liquid leak
inspection; increased vehicle weight
limit cutoffs; addition of diesel vehicles;
etc.;
ii. Asphalt paving VOC content
restrictions (lower VOC formulation
requirements);
iii. Diesel exhaust retrofits;
iv. Traffic flow improvements;
v. Vehicle idle reduction programs;
vi. Portable fuel container regulation
(statewide);
vii. Park and ride facilities;
viii. Rideshare/carpool programs;
ix. VOC cap-and-trade program for
major stationary sources; and,
x. Commercial/consumer solvent VOC
content limits (statewide).
No contingency measure will be
implemented without providing the
opportunity for full public participation
in the selection and adoption of
controls. During this process, the
relative costs and benefits of individual
control measures would be evaluated.
EPA notes that two aspects of the
contingency plan merit further
discussion. First, the plan does not
require the adoption and
implementation of new emission
controls in the event of a future ozone
standard violation if it can be shown
that the ozone standard violation is due
to an exceptional event, source
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30451
malfunction, or source noncompliance.
If a monitored exceedance is determined
to be due to an exceptional event, it will
no longer be considered in determining
whether a violation has occurred. With
regard to source malfunctions or source
noncompliance, we note that the
Indiana SIP contains provisions for
ensuring that sources take actions to
correct malfunctions, as well as
provisions for the State to take
enforcement actions against
noncompliant sources. EPA believes
that this provides a mechanism for the
State to take prompt corrective action,
including expeditious and effective
enforcement action to achieve
compliance. See an analogous
discussion in the General Preamble, 57
FR 13547 (April 16, 1992). In the
context of section 172(c)(9) contingency
measures for sulfur dioxide (SO2), EPA
has interpreted ‘‘contingency measures’’
‘‘to mean that the State agency has a
comprehensive program to identify
sources of violations of the NAAQS and
to undertake an aggressive follow-up for
compliance and enforcement, including
expedited procedures for establishing
enforceable consent agreements pending
the adoption of revised SIPs.’’ This type
of source-specific noncompliance and
correction by enforcement action in the
ozone context is similar to sourcespecific SO2 noncompliance and
enforcement, and therefore it is
appropriate to apply the SO2 guidance
in this circumstance.
Second, the maintenance plan does
not call for the State to adopt and
implement new contingency measures if
it can be shown that an already adopted
emission control measure (State or
Federal) will eliminate an ozone air
quality problem. We believe that such
an emission control measure should
become part of the SIP. Prior to final
rulemaking, Indiana must commit that it
will submit such a measure as a SIP
revision, and final approval of the
maintenance plan is conditioned upon
the State committing to submit such
measures as requested SIP revisions.
Indiana has indicated that they will
make such a commitment. This issue
aside, we otherwise propose to approve
the ozone maintenance plan as
providing for maintenance of both the 8hour and 1-hour standards, if that
standard is deemed to be reinstated.
With respect to maintenance of the 1hour standard, EPA has determined that
the 8-hour NAAQS provides increased
public health protection as compared to
the 1-hour ozone standard. See 62 FR at
38859 (July 18, 1997). Because the 8hour standard is more stringent than the
1-hour standard, a maintenance plan
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with triggers tied to the 8-hour standard
will be more protective of public health
than a maintenance plan with
contingency measure triggers tied to the
1-hour standard.
5. Has the State Committed To Update
the Ozone Maintenance Plan in Eight
Years After the Redesignation of Lake
and Porter Counties to Attainment of the
8-Hour Ozone NAAQS?
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 Lake and Porter
Counties to attainment of the 8-hour
ozone NAAQS. The updated
maintenance plan will provide
maintenance of the 8-hour ozone
standard for an additional 10 years
beyond the first 10 years of maintenance
of the standard.
VI. Has the State Adopted Acceptable
MVEBs for the End Year of the Ozone
Maintenance Period Which Can Be
Used To Support Transportation
Conformity Determinations?
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A. How Are the MVEBs Developed and
What Are the MVEBs for Lake and
Porter Counties?
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
attainment of the NAAQS must be
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)
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the SIP. Conformity to the SIP means
that transportation activities will not
cause or contribute to new air quality
standard violations, increase the
frequency or severity of existing
violations, or delay timely attainment of
the NAAQS. CAA section 176(c)(1). 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 find that the MVEBs are
‘‘adequate’’ for use in determining
transportation conformity. Once EPA
finds the submitted MVEBs to be
adequate for transportation conformity
purposes, the MVEBs are used by state
and Federal agencies in determining
whether proposed transportation
projects conform to the SIPs as required
by section 176(c) of the CAA. EPA’s
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 Transportation
Conformity Rule, in 40 CFR 93.118(f),
provides for MVEB adequacy findings
through two mechanisms. First, 40 CFR
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. In this
notice, EPA is using the second
mechanism in 40 CFR 93.118(f)(2) and
is taking comment on both the adequacy
and approvability of the submitted
MVEBs.
The Lake and Porter Counties’ ozone
maintenance plan contains VOC and
NOX MVEBs for 2020 and also for 2010.
The State has the option of setting
budgets for earlier years in the
maintenance plan in addition to the last
year of the maintenance plan. Indiana
has submitted budgets for both the 2010
year and also the 2020 year. EPA is
taking comment on both the adequacy
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and approvability of the submitted VOC
and NOX MVEBs for Lake and Porter
Counties. Any and all comments on the
adequacy and approvability of the
MVEBs should be submitted during the
comment period stated in the DATES
section of this notice.
EPA intends to make its
determination of the adequacy of the
2010 and 2020 MVEBs for Lake and
Porter Counties for transportation
conformity purposes in the final
rulemaking on the 8-hour ozone
redesignation. If EPA finds the 2010 and
2020 MVEBs adequate and approves the
MVEBs in the final rulemaking action,
the new MVEBs must be used for future
transportation conformity
determinations. The new MVEBs, if
found adequate and approved in the
final rulemaking, will be effective the
date of publication of EPA’s final
rulemaking in the Federal Register. For
required regional emissions analysis
years that involve the year 2009 or
before, the applicable budget for the
purposes of conducting transportation
conformity will be the MVEBs for Lake
and Porter Counties in the approved 1hour ozone maintenance plan. For
required regional emissions analysis
years that involve 2010 or beyond, the
applicable budgets are defined in the
table below.
LAKE AND PORTER COUNTY AREA
MVEBS
[Tons per day]
Year
2010 ..................................
2020 ..................................
VOC
11.5
6.0
NOX
40.6
12.6
These MVEBs will be separate state
area budgets for Lake and Porter
Counties, Indiana. Illinois will establish
MVEBs for the remainder of the Chicago
8-hour ozone area through the 8-hour
ozone SIP submitted by Illinois.
EPA, through this rulemaking, is
proposing to approve the MVEBs for
both 2020 and 2010, as part of the 8hour maintenance plan, to be used to
determine transportation conformity in
Lake and Porter Counties. EPA has
determined that the budgets are
consistent with the control measures in
the SIP and that Lake and Porter
Counties can maintain attainment of the
8-hour ozone NAAQS (projected VOC
and NOX emissions for 2010 and 2020
remain below the attainment year, 2004,
levels) for the relevant required 10-year
period with mobile source emissions at
the levels of the MVEBs. It should be
noted that the current approved 1-hour
ozone budgets, which were approved as
part of the 1-hour ozone attainment
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demonstration, will continue to be used
for transportation conformity purposes
through 2009. The current 1-hour ozone
budgets that are being used for
transportation conformity purposes are
for the 2007 year and cap emissions at
12.37 tons per day for VOCs and 63.33
tons per day for NOX. When the 8-hour
ozone maintenance plan MVEBs are
approved or found adequate, the new
2010 and 2020 budgets will provide a
lower cap on emissions in Lake and
Porter Counties because the new
budgets are lower than the current 2007
budgets. IDEM has determined the 2010
MVEBs for Lake and Porter Counties to
be 11.5 tons per day of VOC and 40.6
tons per day of NOX. IDEM has also
determined the 2020 MVEBs for Lake
and Porter Counties to be 6.0 tons per
day for VOC and 12.6 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 2010 and 2020,
as summarized in Table 5 above (‘‘OnRoad Mobile’’ source sector). Through
discussions with all organizations
involved in transportation planning for
Lake and Porter Counties, IDEM decided
to include safety margins of 5 percent
(0.29 tons per day for VOC and 0.63 tons
per day for NOX for 2020) in the MVEBs
to provide for mobile source growth not
anticipated in the projected 2010 and
2020 emissions and for a margin of error
in the calculation of future mobile
source emissions. Indiana has
demonstrated that Lake and Porter
Counties can maintain the 8-hour ozone
NAAQS with these mobile source
emissions since total source emissions
including the increased mobile source
emissions will remain under the
attainment year emission levels.
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B. Are the MVEBs Approvable?
The submitted MVEBs meet the
criteria for adequacy. The submitted SIP
was endorsed by the Governor and was
subject to a State public hearing. The
MVEBs were discussed during
consultation among Federal, state and
local agencies. The MVEBs are clearly
identified and precisely quantified in
the submitted SIP. The MVEBs, when
considered together with all other
emissions sources, are consistent with
applicable requirements for
maintenance. The MVEBs are consistent
with and clearly related to the emissions
inventory and the control measures in
the submitted maintenance plan; and
the established safety margins are
within the allowable limits. No negative
comments were received at the State
public hearing which addressed the
MVEBs in the maintenance plan.
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The 2010 and 2020 VOC and NOX
MVEBs for Lake and Porter Counties are
approvable because the MVEBs meet all
of the above criteria and maintain the
total VOC and NOX emissions for Lake
and Porter Counties at or below the
attainment year emission inventory
levels, as required by the transportation
conformity regulations. These MVEBs
are adequate and approvable for
transportation conformity purposes.
VII. Modeled Attainment of the Ozone
Standard
Although EPA does not require use of
air quality models to support ozone
redesignation requests, IDEM has
chosen to review existing modeling
results to support the view that the 8hour ozone NAAQS has been attained in
Lake and Porter Counties and in the
Chicago-Gary-Lake County, IL-IN area
due to the implementation of permanent
and enforceable emission controls, and
that attainment of the ozone standard
will be maintained in these areas as the
result of implementation of additional
emission controls already adopted. In
addition, analyses of modeling results
and other related meteorological data
also allowed IDEM to assess the impacts
of changes in meteorology on area peak
ozone concentrations to support the
case that changes in emissions are
responsible for attainment of the ozone
standard in these areas and not changes
in meteorology.
A. Regional Ozone Modeling Results
Regional ozone modeling has been
conducted to support several national
emission control efforts and to support
the preparation of 8-hour ozone
attainment demonstrations in the Lake
Michigan region. The results of these
modeling studies have been reviewed
for their modeled ozone concentrations
in Lake and Porter Counties and the rest
of the Chicago-Gary-Lake County area.
The conclusions based on these
modeling studies are summarized here.
EPA Modeling Analysis for Heavy-Duty
Engine and Diesel Fuel Rules
EPA conducted ozone modeling to
support the Tier II vehicle and lowsulfur fuel rules. The results of the
modeling were documented in the
report ‘‘Technical Support Document
for the Heavy Duty Engine and Vehicle
Standards and Highway Diesel Fuel
Sulfur Control Requirements: Air
Quality Modeling Analyses’’ (EPA 420–
R–00–028). IDEM reviewed these
documented modeling results, and notes
that this modeling study shows that the
ozone impacts of the subject emission
controls, as well as the impacts of the
NOX SIP call, are significant in Lake and
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30453
Porter Counties. IDEM used these
modeling results to determine the
relative impacts on peak ozone
concentrations in this area during 2007
and 2020. The modeling results indicate
that the monitoring site ozone design
values in Lake County would be
lowered to a range of 0.069 ppm to
0.071 ppm (depending on the monitor)
in 2007. Similar ozone design values are
indicated for 2020, although slightly
reduced due to the impacts of more
years of implementation of the emission
controls.
EPA Ozone Modeling for the Clean Air
Interstate Rule
EPA conducted ozone modeling to
assess the ozone impacts resulting from
the NOX emission reduction expected to
be produced by the CAIR. Modeling was
conducted for 2010 and 2015. Results of
the CAIR modeling show that Lake and
Porter Counties will have attained the
ozone NAAQS in 2010, with a peak
modeled 8-hour concentration below
0.085 ppm. With additional NOX
emission reduction projected through
2015, the modeling shows that
monitoring site ozone design values will
further decrease through 2015. This
supports maintenance of the ozone
standard in Lake and Porter through
2015.
LADCO Updated Round 4 Ozone
Modeling
LADCO recently completed updated
ozone modeling using the CAMx model
for ozone and the most current
emissions inventories and model
updates and inputs. This modeling was
performed to support ozone attainment
demonstrations for the LADCO States.
The Round 4 modeling included
scenarios considering the ‘‘on-thebooks’’ emission controls for future
years, 2009 and 2012. Note that the
State of Indiana is developing a rule to
implement CAIR requirements. Using
the relative change in the peak ozone
concentrations indicated by the Round
4 modeling along with the 2003–2005
ozone design value, IDEM derived
future ozone design values for 2009 and
2012 for the Lake and Porter Counties’
monitoring sites. All estimated ozone
design values for 2009 and 2012 are
well below the ozone standard. This
implies that the ‘‘on-the-book’’
emissions controls will help to maintain
the ozone standard in Lake and Porter
Counties.
B. Temperature—Ozone Exceedance
Frequency Study
IDEM analyzed the 1995–2005 trend
in the annual number of days with peak
daytime temperatures equaling or
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exceeding 90 degrees Fahrenheit versus
the annual number of 8-hour ozone
standard exceedances at various
monitoring sites. Although ozone
standard exceedance numbers showed
some correlation to the annual number
of high temperature days, IDEM noted
that this correlation is changing. While
the trend in the annual number of high
temperature days shows no distinct
trend, the annual number of ozone
standard exceedances is showing a
downward trend. IDEM attributes the
difference in trends to the impacts of
VOC and NOX emission controls. Based
on this observation, IDEM attributes the
improvement in ozone air quality to the
implementation of emission controls.
VIII. Review of Indiana’s 2002 Base
Year Emissions Submittal
The CAA gives the States the
responsibility to inventory emissions
contributing to the violation a NAAQS,
to track these emissions over time, and
to ensure that emission control
strategies have been implemented and
have achieved planned emission targets.
States containing ozone nonattainment
areas are required, under section
182(a)(1) of the CAA, to submit
comprehensive, accurate, and current
base year inventories of actual ozone
precursor emissions (emissions of VOC,
NOX, and CO) for each ozone
nonattainment area. These emission
inventories must include emissions
from point, area, on-road mobile, and
non-road mobile man-made
(anthropogenic) and biogenic (natural or
plant-generated) sources in the ozone
nonattainment areas. The States must
also inventory facility-specific
emissions for major source facilities.
The emission inventories must specify
emissions for typical summer weekdays.
Two EPA guidance documents have
been developed to cover the emissions
reviewed here. First, a November 18,
2002 memorandum (‘‘2002 Base Year
Emission Inventory SIP Planning: 8-hr
Ozone, PM2.5 and Regional Haze
Programs,’’ memorandum from Lydia N.
Wegman, Director, Air Quality
Strategies and Standards Division, and
Peter Tsirigotis, Director, Emissions,
Monitoring, and Analysis Division, to
Regional Air Division Directors)
established 2002 as the base year to be
used in the current round of ozone, fine
particulates (PM2.5), and haze control
planning. Second, SIP emissions
inventory guidance, including guidance
specific to the base year emissions, is
given in an August 2005 EPA guidance
document, (‘‘Emissions Inventory
Guidance for Implementation of Ozone
and Particulate Matter National
Ambient Air Quality Standards
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16:09 May 30, 2007
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(NAAQS) and Regional Haze
Regulations,’’ EPA–454/R–05–001).
On March 26, 2007, IDEM submitted
documentation of 2002 statewide
emissions of VOC, NOX, and CO in
response to an EPA request for the
documentation of the base year
emissions for Lake and Porter Counties.
The 2002 statewide emissions,
documented by county, were prepared
to comply with EPA’s Consolidated
Emissions Reporting Rule (CERR),
published on June 10, 2002 (67 FR
39602) (40 CFR part 51 subparts A and
Q). Also included with the March 26,
2007 submittal was a compact disk
containing detailed emissions data,
including input data used to calculate
the emissions.
Emissions contained in the March 26,
2007 submittal cover the general source
categories of point sources, area sources,
on-road mobile sources, non-road
mobile sources, and biogenic sources.
All emission summaries were
accompanied by source-specific
descriptions of emission calculation
procedures and sources of input data
along with sample calculations for
various counties in the State.
To determine point source emissions,
the State relied on data collected from
source facilities complying with the
State’s annual emissions reporting
requirements, 326 IAC 2–6. Major
sources of any criteria pollutant located
anywhere in the State of Indiana are
required to annually submit to the State
data specifying their annual emissions
of criteria pollutants along with
seasonal information to allow the
calculation of seasonal emissions.
Emissions for any particular year are to
be reported by April 15th of the
following year. In Elkhart, Floyd, Lake,
Marion, Porter, St. Joseph, and
Vanderburgh Counties, sources with the
potential to emit more than 10 tons per
year of VOC or NOX must report
annually. In other portions of the State,
the reporting source size emissions
cutoff is 100 tons per year.
Point source emissions reporting
submittals are checked by IDEM to
assure completeness. If the data are
determined to be complete, the
emissions data are loaded into the
State’s emissions database. IDEM also
reviews the data for quality assurance,
and, if needed, sources are requested to
correct the data. After completing data
quality assurance, the point source data
are submitted to the EPA for
incorporation into the National
Emissions Inventory (NEI), as required
by the CERR. The March 26, 2007
submittal includes VOC, NOX, and CO
emissions for each reporting facility
statewide. The supplied data files
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document a number of source-specific
data used to determine the sourcespecific emissions.
Area source emissions were
calculated using a variety of information
sources and guidance from the EPA. A
primary source of calculation
procedures and applied guidance was
EPA’s Emission Inventory Improvement
Program. Where appropriate, point
source emissions were subtracted from
the calculated area source emissions to
account for source coverage overlap
with the reported point source
emissions and to avoid double counting
of emissions in the emissions totals. The
documentation supplied in the March
26, 2007 submittal shows how the
county-specific emissions were
calculated for each area source category.
County-specific source surrogates and
associated emission factors were
generally used to calculate countyspecific emissions. Samples of area
source emission calculations were
provided for selected Counties. Area
source emissions for all 92 Indiana
Counties were documented in the
March 26, 2007 submittal and in the
data files included in the accompanying
data disk.
The September 12, 2006 ozone
redesignation request included a
detailed description of the procedures
and input data used to determine the
mobile source emissions for Lake and
Porter Counties for 2002, as well as for
emission projections used to document
attainment year and maintenance period
mobile source VOC and NOX emissions
(see the discussion of mobile source
emissions and emission budgets for
Lake and Porter Counties, above). The
March 26, 2007 base year emissions
submittal documents the mobile source
VOC, CO, and NOX emissions for each
of the counties in the State. The March
26, 2007 submittal notes that the mobile
source emissions for Lake and Porter
Counties were derived by the Northwest
Indiana Regional Planning Commission,
whereas the mobile source emissions for
all other counties were obtained from
EPA’s NEI.
Non-road mobile source VOC, NOX,
and CO emissions for 2002 were
generated by the National Mobile
Inventory Model. To update and quality
assure the emissions for locomotives,
commercial and recreational marine
sources, and off-road mobile equipment
sources, LADCO contracted with several
consultants to update source population
and distribution levels. Summaries of
the consultants’ results and
recommended emissions changes were
included in the March 26, 2007
submittal. This submittal documented
non-road mobile VOC, NOX, and CO
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emissions by county for all 92 Counties
in Indiana.
Biogenic VOC, NOX, and CO
emissions for 2002 were taken directly
from the NEI for each county in Indiana.
The March 26, 2007 submittal
documents 2002 VOC, CO, and NOX
emissions for each Indiana county in
units of tons per year and tons per
summer day. The 2002 summer day
emissions of VOC, NOX, and CO for
Lake and Porter Counties are
summarized in Table 7.
TABLE 7.—2002 OZONE PRECURSOR EMISSIONS IN LAKE AND PORTER COUNTIES, INDIANA—EMISSIONS IN TONS PER
SUMMER DAY
Source category
VOC
NOX
CO
19.88
24.78
15.35
20.18
18.59
106.33
4.37
40.15
28.82
0.79
466.11
3.93
186.39
176.98
1.91
Total .......................................................................................................................................................
Porter County
Point ..............................................................................................................................................................
Area ..............................................................................................................................................................
On-Road Mobile ...........................................................................................................................................
Non-Road Mobile ..........................................................................................................................................
Biogenic ........................................................................................................................................................
98.78
180.46
835.32
4.70
7.49
4.85
12.80
15.15
80.11
1.35
14.95
11.37
0.63
405.01
1.35
63.66
73.19
1.63
Total .......................................................................................................................................................
44.99
108.41
544.84
Lake County
Point ..............................................................................................................................................................
Area ..............................................................................................................................................................
On-Road Mobile ...........................................................................................................................................
Non-Road Mobile ..........................................................................................................................................
Biogenic ........................................................................................................................................................
Although the state did not hold a
separate public hearing on the 2002 base
year inventory, the 2002 emissions for
Lake and Porter County were the
primary source of emissions data used
to project the attainment year (2004) and
maintenance period (2010 and 2020)
VOC and NOX emissions discussed in
the State’s September 12, 2006 ozone
redesignation request, which was
subject to public hearing. Since this
ozone redesignation request and ozone
maintenance plan, including the 2002
VOC and NOX emission totals for Lake
and Porter Counties, were discussed
during a public hearing we believe that
the 2002 base year VOC and NOX
emissions for Lake and Porter Counties
have been addressed by a public
hearing.
We find the documentation of the
2002 base year VOC, NOX, and CO
emissions to be acceptable, and we are
proposing here to approve the 2002 base
year emissions inventories for Lake and
Porter Counties as a revision of the
Indiana SIP.
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IX. What Are EPA’s Proposed Actions?
EPA is proposing to determine that
the Chicago-Gary-Lake County, IL-IN 8hour ozone nonattainment area has
attained the 8-hour ozone NAAQS and
is also proposing to approve Indiana’s
request to redesignate the Lake and
Porter County, IN portion of the area to
attainment for the 8-hour ozone
standard. EPA has evaluated the State of
Indiana’s redesignation request and
determined that it meets the
redesignation criteria set forth in section
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107(d)(3)(E) of the CAA. Final approval
of the redesignation request would
change the official designation of Lake
and Porter Counties for the 8-hour
ozone NAAQS, found at 40 CFR part 81,
from nonattainment to attainment. EPA
is also proposing to approve Indiana’s
ozone maintenance plan for Lake and
Porter Counties as a revision to the
Indiana SIP because it meets the
requirements of section 175A of the
CAA. Final approval would thus 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 6.00 tons per day for VOC
and 12.60 tons per day for NOX for 2020
and also MVEBs of 11.5 tons per day for
VOC and 40.6 tons per day of NOX for
2010. EPA is proposing to approve these
MVEBs.
EPA is also proposing to approve into
the Indiana SIP the VOC and NOX
periodic inventories for 1999, 2002 and
2004, pursuant to section 182(a)(3)(A)
under the 1-hour standard as well as the
2002 base year VOC and NOX emission
inventories for Lake and Porter
Counties, pursuant to section 182(a)(1)
under the 8-hour standard.
EPA is also proposing to find that, if
the 1-hour ozone standard is deemed to
be reinstated, the Chicago-Gary-Lake
County area has attained the 1-hour
standard, and Lake and Porter Counties
have met the requirements for and
would also qualify for redesignation to
attainment of the 1-hour ozone
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standard. Thus, EPA proposes to find
that if the 1-hour standard is reinstated,
EPA would redesignate the area to
attainment for the 1-hour standard. EPA
further proposes to approve and to find
that Indiana’s maintenance plan for the
8-hour standard also provides for
maintenance of the 1-hour standard.
X. Statutory and Executive Order
Reviews
Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, September 30, 1993), this
proposed action is not a ‘‘significant
regulatory action’’ and therefore is not
subject to review by the Office of
Management and Budget.
Paperwork Reduction Act
This proposed rule does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Regulatory Flexibility Act
This proposed action merely proposes
to approve state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Redesignation of an area to
attainment under section 107(d)(3)(E) of
the CAA does not impose any new
requirements on small entities.
Redesignation of an area to attainment
is an action that affects the status of a
geographical area and does not impose
any new regulatory requirements on
sources. Accordingly, the Administrator
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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 proposed 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 affect the status of a
geographical area does not impose any
new requirements on sources, and to
approve state rules, and does not alter
the relationship or the distribution of
power and responsibilities established
in the CAA.
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
pwalker on PROD1PC71 with PROPOSALS2
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).
VerDate Aug<31>2005
16:09 May 30, 2007
Jkt 211001
Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This proposed rule also is not subject
to Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it proposes
approval of a state rule implementing a
federal standard.
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant regulatory
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272,
requires Federal agencies to use
technical standards that are developed
or adopted by voluntary consensus to
carry out policy objectives, so long as
such standards are not inconsistent with
applicable law or otherwise impractical.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. 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 CAA. Redesignation is
PO 00000
Frm 00022
Fmt 4701
Sfmt 4702
an action that affects the status of a
geographical area but does not impose
any new requirements on sources.
Therefore, the requirements of section
12(d) of the NTTA do not apply.
Executive Order 12898: Environmental
Justice
Executive Order 12898 establishes a
Federal policy for incorporating
environmental justice into Federal
agency actions by directing agencies to
identify and address, as appropriate,
disproportionately high and adverse
human health of environmental effects
of their programs, policies, and
activities on minority and low-income
populations. Today’s proposed actions
would not result in the relaxation of
control measures on existing sources
and therefore would not cause
emissions increases from those sources.
Overall, emissions in the area are
projected to decline following
redesignation. Thus, these proposed
actions would not have
disproportionately high and adverse
effects on any communities in the area,
including minority and low-income
communities.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
regulations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: May 11, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7–9825 Filed 5–30–07; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\31MYP2.SGM
31MYP2
]]>Agencies
[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Proposed Rules]
[Pages 30436-30456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9825]
[[Page 30435]]
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Part II
Environmental Protection Agency
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40 CFR Parts 52 and 81
Approval and Promulgation of Implementation Plans and Designation of
Areas for Air Quality Planning Purposes; Indiana; Redesignation of Lake
and Porter Counties to Attainment of the 8-Hour Ozone Standard and
Approval of Base Year Emission Inventories; Proposed Rule
Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 /
Proposed Rules
[[Page 30436]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2006-0474; FRL-8317-1]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Indiana; Redesignation of
Lake and Porter Counties to Attainment of the 8-Hour Ozone Standard and
Approval of Base Year Emission Inventories
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On September 12, 2006, the Indiana Department of Environmental
Management (IDEM) submitted a request for EPA approval of a
redesignation of Lake and Porter Counties to attainment of the 8-hour
ozone National Ambient Air Quality Standard (NAAQS) and of an ozone
maintenance plan for this area as a revision to the Indiana State
Implementation Plan (SIP). EPA is proposing to determine that the
Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) 8-hour ozone
nonattainment area, which includes Lake and Porter Counties, has
attained the 8-hour ozone NAAQS. EPA is proposing to approve Indiana's
ozone maintenance plan for Lake and Porter Counties as a revision to
the SIP. EPA is proposing to approve Volatile Organic Compounds (VOC)
and Nitrogen Oxides (NOX) Motor Vehicle Emission Budgets
(MVEBs) for Lake and Porter Counties as supported by the ozone
maintenance plan. EPA is proposing to approve Indiana's 2002 base year
VOC and NOX emission inventories for Lake and Porter
Counties. EPA is proposing to approve into the Indiana SIP the VOC and
NOX periodic emission inventories for 1999, 2002, and 2004.
Finally, EPA is proposing to approve the redesignation of Lake and
Porter Counties to attainment of the 8-hour ozone NAAQS.
DATES: Comments must be received on or before July 2, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0474, 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-
2006-0474. 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 Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters and any form of
encryption, and should be free of any defects or viruses.
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 proposed rule whenever
``we,'' ``us,'' or ``our'' is used, we mean the EPA. This supplementary
information section is arranged as follows:
I. What Actions Is EPA Proposing To Take?
II. What Is the Background for These Actions?
III. What Is the Impact of a December 22, 2006 United States Court
of Appeals Decision Regarding EPA's Phase 1 Ozone Implementation
Rule on This Proposed Rule?
A. Requirements Under the 8-Hour Ozone Standard
B. Requirements Under the 1-Hour Ozone Standard
IV. What Are the Criteria for Redesignations to Attainment of the 8-
Hour Ozone NAAQS?
V. What Are EPA's Analyses of the State's Redesignation Request and
Maintenance Plan and What Are the Bases for EPA's Proposed Actions?
A. Have Lake and Porter Counties and the Entire Chicago-Gary-
Lake County, IL-IN Nonattainment Area Attained the 8-Hour Ozone
NAAQS and 1-Hour Ozone NAAQS?
1. Attainment of the 8-Hour Ozone NAAQS
2. Attainment of the 1-Hour Ozone NAAQS
B. Has the State of Indiana Committed To Maintain the Ozone
Monitoring System in Lake and Porter Counties?
C. Have Lake and Porter Counties and the State of Indiana Met
All of the Requirements of Section 110 and Part D of the CAA
Applicable for Purposes of Redesignation, and Do Lake and Porter
Counties Have a Fully Approved SIP Under Section 110(k) of the CAA
for Purposes of Redesignation to Attainment?
1. Lake and Porter Counties Have Met All Requirements of Section
110 and Part D of the CAA Applicable for Purposes of Redesignation
for the 8-Hour NAAQS
a. Section 110 and General SIP Requirements
b. Part D SIP Requirements Under the 8-Hour Ozone Standard
2. Lake and Porter Counties Have a Fully Approved SIP Under
Section 110(k) of the CAA
[[Page 30437]]
D. Have Lake and Porter Counties Met the Part D Nonattainment
Area and Section 110 Requirements Under the 1-Hour Ozone Standard?
E. Are the Air Quality Improvements in Lake and Porter Counties
and in the Chicago-Gary-Lake County, IL-IN Nonattainment Area Due to
Permanent and Enforceable Emission Reductions Resulting From the
Implementation of the Indiana SIP and Applicable Federal Air
Pollution Control Regulations and Other Permanent and Enforceable
Emission Reductions?
F. Do Lake and Porter Counties Have a Fully Approvable Ozone
Maintenance Plan Pursuant to Section 175A of the CAA?
1. What Is Required in an Ozone Maintenance Plan?
2. What Are the Attainment Emission Inventories for Lake and
Porter Counties?
a. Point Sources
b. Area Sources
c. On-Road Mobile Sources
d. Non-Road Mobile Sources
3. Has the State Demonstrated Maintenance of the Ozone Standard
in Lake and Porter Counties and in the Chicago-Gary-Lake County, IL-
IN Ozone Nonattainment Area?
4. What Is the Contingency Plan for Lake and Porter Counties?
a. Verification of Continued Attainment
b. Contingency Plan
5. Has the State Committed To Update the Ozone Maintenance Plan
in Eight Years After the Redesignation of Lake and Porter Counties
to Attainment of the 8-Hour Ozone NAAQS?
VI. Has the State Adopted Acceptable MVEBs for the End Year of the
Ozone Maintenance Period Which Can Be Used To Support Transportation
Conformity Determinations?
A. How Are the MVEBs Developed and What Are the MVEBs for Lake
and Porter Counties?
B. Are the MVEBs Approvable?
VII. Modeled Attainment of the Ozone Standard
A. Regional Ozone Modeling Results
B. Temperature--Ozone Exceedance Frequency Study
VIII. Review of Indiana's 2002 Base Year Emissions Submittal
IX. What Are EPA's Proposed Actions?
X. Statutory and Executive Order Reviews
I. What Actions Is EPA Proposing To Take?
We are proposing to take several related actions for Lake and
Porter Counties, Indiana. First, we are proposing to determine that the
Chicago-Gary-Lake County, IL-IN ozone nonattainment area, including
Lake and Porter Counties in Indiana, has attained the 8-hour ozone
NAAQS.
Second, we are proposing to approve Indiana's request to
redesignate the Indiana portion of the Chicago-Gary-Lake County, IL-IN
ozone nonattainment area (Lake and Porter Counties) to attainment of
the 8-hour ozone NAAQS. We have determined that the State of Indiana
and Lake and Porter Counties have met the CAA requirements for such a
redesignation under section 107(d)(3)(E). EPA is proposing in this
notice to approve Indiana's 2002 base year VOC and NOX
emission inventories for Lake and Porter Counties as meeting the base
year emissions inventory requirements of the CAA and as a revision to
the Indiana SIP. EPA is also proposing to approve into the Indiana SIP
the VOC and NOX periodic inventories for 1999, 2002 and
2004, pursuant to section 182(a)(3)(A) of the CAA under the 1-hour
standard.
Third, we are proposing to approve Indiana's ozone maintenance plan
for Lake and Porter Counties as a revision of the Indiana SIP. The
maintenance plan, which meets the requirements of section 175A of the
CAA, is designed to keep Lake and Porter Counties and the Chicago-Gary-
Lake County ozone nonattainment area in attainment of the 8-hour ozone
NAAQS through 2020. As supported by and consistent with the ozone
maintenance plan, we are also proposing to approve the 2010 and 2020
VOC and NOX MVEBs for Lake and Porter Counties for
transportation conformity determination purposes.
Finally, in response to a December 22, 2006, decision of the United
States Court of Appeals vacating EPA's Phase 1 ozone implementation
rule, we are proposing to find that, if the 1-hour ozone standard is
deemed to be reinstated, Lake and Porter Counties would also qualify
for a redesignation to attainment of the 1-hour ozone standard.
II. What Is the Background for These Actions?
EPA has determined that ground-level ozone is detrimental to human
health. On July 18, 1997, EPA promulgated an 8-hour ozone NAAQS (62 FR
38856) of 0.08 parts per million parts of air (0.08 ppm) (80 parts per
billion (ppb)).\1\ This 8-hour ozone standard replaced a prior 1-hour
ozone NAAQS, which was promulgated on February 8, 1979 (44 FR 8202) and
which EPA revoked on June 15, 2005 (69 FR 23858).
---------------------------------------------------------------------------
\1\ This standard is violated in an area when any ozone monitor
in the area records 8-hour ozone concentrations with a three-year
average of the annual fourth-highest daily maximum 8-hour ozone
concentrations equaling or exceeding 85 ppb. See 40 CFR 50.10.
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Ground-level ozone is not emitted directly by emission sources.
Rather, emitted NOX and VOC react in the presence of
sunlight to form ground-level ozone along with other secondary
compounds. NOX and VOC are referred to as ``ozone
precursors.'' \2\ Control of ground-level ozone concentrations is
achieved through controlling VOC and NOX emissions.
---------------------------------------------------------------------------
\2\ Carbon Monoxide (CO) is also a minor precursor in the
formation of ozone.
---------------------------------------------------------------------------
Section 107 of the CAA required EPA to designate as nonattainment
any area that violated 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 of pollutants governed by NAAQS. Subpart 2 contains
more specific requirements for certain ozone nonattainment areas, and
applies to ozone nonattainment areas classified under section 181 of
the CAA.
In the April 30, 2004 designation rulemaking, EPA divided 8-hour
ozone nonattainment areas into the categories of subpart 1
nonattainment (``basic'' nonattainment) and subpart 2 nonattainment
(``classified'' nonattainment). EPA based this division on the areas'
8-hour ozone design values (i.e., on the three-year averages of the
annual fourth-highest daily maximum 8-hour ozone concentrations at the
worst-case monitoring sites in the designated areas) and on their 1-
hour ozone design values (i.e., on the fourth-highest daily maximum 1-
hour ozone concentrations over the three-year period at the worst-case
monitoring sites in the designated areas).\3\ 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).\4\
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\3\ 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.
\4\ It should be noted that the United States Court of Appeals
for the District of Columbia Circuit recently vacated EPA's April
30, 2004 ``Final Rule to Implement the 8-Hour Ozone National Ambient
Standard'' (the Phase 1 implementation rule). South Coast Air
Quality Management District v. EPA, 472 F.3d 882(D.C. Cir. 2006).
EPA explains its views of the potential impact of this decision in
section III, below.
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[[Page 30438]]
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 deadlines. 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 Lake and Porter Counties, as part of the Chicago-Gary-
Lake County, IL-IN area, 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 12, 2006, the State of Indiana requested redesignation
of Lake and Porter Counties to attainment of the 8-hour ozone NAAQS.
This redesignation request was submitted by the State subsequent to
conducting a public review process for the redesignation request and
ozone maintenance plan and subsequent to the State's adoption of the
ozone maintenance plan.
III. What Is the Impact of a December 22, 2006 United States Court of
Appeals Decision Regarding EPA's Phase 1 Ozone Implementation Rule on
This Proposed 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.
A. Requirements Under the 8-Hour Ozone Standard
With respect to the 8-hour ozone standard, the Chicago-Gary-Lake
County, IL-IN ozone nonattainment area, which includes Lake and Porter
Counties, is classified as moderate nonattainment under subpart 2. 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 the Chicago-Gary-Lake County,
IL-IN area would become subject to a different classification scheme
created in a future rule responding to the Court's decision, that would
not prevent EPA from finalizing the redesignation for this area. For
the reasons set forth below, we believe that any additional
requirements that might apply based on a different classification would
not be applicable for purposes of evaluating the 8-hour ozone
redesignation request now before us. This belief is based on: (1) EPA's
longstanding policy of evaluating redesignation requests in accordance
only with the requirements due at the time the redesignation request
was submitted; and (2) consideration of the inequity of applying
retroactively any requirements that might be applied in the future.
First, at the time the redesignation request was submitted, the
area 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, a state
requesting a redesignation to attainment must meet only the relevant
SIP requirements that came due for the subject area prior to the
submittal of a complete redesignation request. See the 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 the 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 Standards
(NAAQS) on or after November 15, 1992,'' Memorandum from Michael H.
Shapiro, Acting Assistant Administrator, Air and Radiation), 60 FR
12459, 12465-66 (March 7, 1995) (redesignation of Detroit-Ann Arbor);
Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004), which upheld this
interpretation; 68 FR 25418, 25424, 25427 (May 12, 2003) (redesignation
of St. Louis). At the time the Lake and Porter County redesignation
request was submitted, September 12, 2006, the Chicago-Gary-Lake
County, IL-IN 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 redesignation
request was submitted, but which might later become applicable. The
D.C. Circuit has recognized the inequity in 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 due date. Such a determination would have resulted in the
imposition of additional requirements on the area. The Court stated:
``Although EPA failed to make the nonattainment determination within
the statutory timeframe, Sierra Club's proposed solution only makes the
situation worse. Retroactive relief would likely impose large costs on
the States, which would face fines and suits for not implementing air
pollution prevention plans in 1997, even though they were not on notice
at the time.'' Id. at 68. Similarly, here it would be unfair to
penalize the area by applying to it for purposes of redesignation any
additional requirements under subpart 1 that were not in effect at the
time it submitted its redesignation request, but that might apply in
the future.
[[Page 30439]]
B. Requirements Under the 1-Hour Ozone Standard
In its December 22, 2006 decision in South Coast Air Quality
Management Dist. v. EPA, the Court also addressed EPA's revocation of
the 1-hour ozone standard. The current status of the revocation and
associated anti-backsliding rules is dependent on whether the Court's
decision stands as originally issued or is modified in response to any
petition for rehearing or request for clarification that has been
filed. As described more fully below, EPA believes that the Chicago-
Gary-Lake County, IL-IN area has attained the 1-hour ozone standard and
that the State of Indiana and Lake and Porter Counties have met all of
the requirements applicable for redesignation under the 1-hour ozone
standard that would apply even if the 1-hour ozone standard is deemed
to be reinstated and those requirements are viewed as applying under
the statute itself. Thus, the Court's decision, as it currently stands,
imposes no impediment to moving forward with redesignation of Lake and
Porter Counties to attainment based on the status of the 1-hour ozone
standard. Furthermore, if the 1-hour ozone standard is deemed to be
reinstated, EPA would construe the State's redesignation request under
the 8-hour ozone standard as also constituting a redesignation request
under the 1-hour ozone standard. EPA proposes that, if the 1-hour
standard is deemed to be reinstated, EPA would redesignate Lake and
Porter Counties to attainment of the 1-hour ozone standard because EPA
believes that the area has satisfied all of the 1-hour requirements for
such redesignation, as explained in the analysis below. Further, even
if the Court's decision were modified based on any petition for
rehearing that has been filed such that the ultimate decision requires
something less than compliance with all applicable 1-hour ozone
requirements, this would not pose an impediment to redesignating the
area to attainment of the 1-hour ozone standard. Since the area meets
all current 1-hour ozone requirements as explained below, it would
certainly meet any lesser requirements and, thus similarly,
redesignation could proceed.
IV. What Are the Criteria for Redesignation to Attainment of the 8-Hour
Ozone NAAQS?
The CAA provides the basic 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 based on
current air quality data; (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). Two significant policy guidance documents affecting
the review of ozone redesignation requests are the following:
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the September 4, 1992 Calcagni
memorandum); and, ``Reasonable Further Progress, Attainment
Demonstration, and Related Requirements for Ozone Nonattainment Areas
Meeting the Ozone National Ambient Air Quality Standard,'' Memorandum
from John S. Seitz, Director, Office of Air Quality Planning and
Standards, May 10, 1995 (the May 10, 1995 Clean Data Policy
memorandum). For additional policy guidance 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).
V. What Are EPA's Analyses of the State's Redesignation Request and
Maintenance Plan and What Are the Bases for EPA's Proposed Action?
EPA is proposing to: (1) Determine that Lake and Porter Counties
and the Chicago-Gary-Lake County, IL-IN area have attained the 8-hour
ozone standard and the 1-hour ozone standard; (2) approve the ozone
maintenance plan for Lake and Porter Counties and the VOC and
NOX MVEBs supported by the maintenance plan; and, (3)
approve the redesignation of Lake and Porter Counties to attainment of
the 8-hour ozone NAAQS and to attainment of the 1-hour ozone NAAQS, if
it is deemed to be reinstated. The bases for our proposed determination
and approvals follow.
A. Have Lake and Porter Counties and the Entire Chicago-Gary-Lake
County, IL-IN Nonattainment Area Attained the 8-Hour Ozone NAAQS and
the 1-Hour Ozone NAAQS?
1. Attainment of 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
at any monitor used to calculate its design value. 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 used to
calculate its design value, over the most recent three-year period must
not exceed the ozone standard. Based on an ozone data rounding
convention described in 40 CFR 50, appendix I, the 8-hour ozone
standard is attained if the area's ozone design value \5\ is 0.084 ppm
(84 ppb) or less. The data must be collected and quality-assured in
accordance with 40 CFR 58, and is recorded in EPA's Air Quality System
(AQS). The ozone monitors generally should have remained at the same
locations for the duration of the monitoring period required to
demonstrate attainment (for three years or more). The data supporting
attainment of the standard must be complete in accordance with 40 CFR
50, appendix I.
---------------------------------------------------------------------------
\5\ The worst-case monitoring site-specific ozone design value
in the area and in its nearby downwind environs.
---------------------------------------------------------------------------
At the time of the September 12, 2006 ozone redesignation request,
preliminary 8-hour ozone monitoring data for Lake and Porter Counties
and for the Illinois portion of the Chicago-Gary-Lake County, IL-IN
nonattainment area showed that the area was attaining the standard for
2004-2006, and that the 2006 4th high 8-hour daily average
concentration was 0.081 ppm. Since the submittal of the redesignation
request, Indiana and other States in the Lake Michigan area have
submitted quality-assured data for 2006 to the AQS. Table 1 summarizes
the annual fourth-high 8-hour ozone concentrations during the
[[Page 30440]]
period of 2004-2006, the most recent three years of available quality-
assured ozone data, for all monitors in the Chicago-Gary-Lake County,
IL-IN area and for the Chiwaukee Prairie monitoring site in Wisconsin,
the critical ozone design value site for the Chicago-Gary-Lake County,
IL-IN ozone nonattainment area.
Table 1.--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations in Parts per Million (ppm) and Three-Year
Averages
----------------------------------------------------------------------------------------------------------------
Percent Fourth-high Three-
Site ID County Address/site Year observations daily maximum year
ozone season concentration average
----------------------------------------------------------------------------------------------------------------
INDIANA MONITORING SITES
----------------------------------------------------------------------------------------------------------------
18-089-002........... Lake............ Gary........... 2004 100 0.064 NA
Gary........... 2005 96 0.089 NA
Gary........... 2006 98 0.073 0.075
18-089-2008.......... Lake............ Hammond........ 2004 100 0.067 NA
Hammond........ 2005 99 0.087 NA
Hammond........ 2006 100 0.075 0.076
18-127-0024.......... Porter.......... Ogden Dunes.... 2004 100 0.069 NA
Ogden Dunes.... 2005 99 0.090 NA
Ogden Dunes.... 2006 100 0.070 0.076
18-127-0026.......... Porter.......... Valparaiso..... 2004 100 0.072 NA
Valparaiso..... 2005 100 0.078 NA
Valparaiso..... 2006 99 0.071 0.073
----------------------------------------------------------------------------------------------------------------
ILLINOIS MONITORING SITES
----------------------------------------------------------------------------------------------------------------
17-031-0001.......... Cook............ Alsip.......... 2004 100 0.065 NA
Alsip.......... 2005 100 0.084 NA
Alsip.......... 2006 100 0.078 0.075
17-031-0032.......... Cook............ Chicago- 2004 100 0.067 NA
Cheltenham.
Chicago- 2005 100 0.076 NA
Cheltenham.
Chicago- 2006 100 0.075 0.072
Cheltenham.
17-031-0042.......... Cook............ Wacker at Adams 2004 64 0.069 NA
Wacker at Adams 2005 51 0.080 NA
Wacker at Adams 2006 85 0.072 0.073
17-031-0064.......... Cook............ Chicago-Ellis 2004 100 0.054 NA
Ave..
Chicago-Ellis 2005 100 0.084 NA
Ave..
Chicago-Ellis 2006 99 0.070 0.069
Ave..
17-031-0072.......... Cook............ Chicago-Ohio 2004 98 0.060 NA
Street.
Chicago-Ohio 2005 99 0.081 NA
Street.
Chicago-Ohio 2006 100 0.065 0.068
Street.
17-031-0076.......... Cook............ Chicago- 2004 100 0.068 NA
Lawndale.
Chicago- 2005 100 0.084 NA
Lawndale.
Chicago- 2006 100 0.075 0.075
Lawndale.
17-031-1003.......... Cook............ Chicago-Hurlbut 2004 99 0.067 NA
St..
Chicago-Hurlbut 2005 99 0.083 NA
St..
Chicago-Hurlbut 2006 95 0.075 0.075
St..
17-031-1601.......... Cook............ Lemont......... 2004 94 0.067 NA
Lemont......... 2005 100 0.086 NA
Lemont......... 2006 96 0.070 0.074
17-031-4002.......... Cook............ Cicero......... 2004 100 0.059 NA
Cicero......... 2005 100 0.075 NA
Cicero......... 2006 100 0.060 0.064
17-031-4007.......... Cook............ Des Plaines.... 2004 94 0.064 NA
Des Plaines.... 2005 99 0.079 NA
Des Plaines.... 2006 100 0.065 0.069
17-031-4201.......... Cook............ Northbrook..... 2004 97 0.067 NA
Northbrook..... 2005 100 0.081 NA
Northbrook..... 2006 100 0.068 0.072
17-031-7002.......... Cook............ Evanston....... 2004 100 0.074 NA
Evanston....... 2005 98 0.082 NA
Evanston....... 2006 97 0.072 0.076
17-043-6001.......... DuPage.......... Lisle.......... 2004 99 0.065 NA
Lisle.......... 2005 97 0.078 NA
Lisle.......... 2006 100 0.062 0.068
17-089-0005.......... Kane............ Elgin.......... 2004 99 0.067 NA
Elgin.......... 2005 100 0.086 NA
Elgin.......... 2006 84 0.062 0.071
17-097-1002.......... Lake............ Waukegan....... 2004 100 0.067 NA
Waukegan....... 2005 99 0.087 NA
Waukegan....... 2006 100 0.071 0.075
17-097-1007.......... Lake............ IL Beach State 2004 99 0.071 NA
Park.
IL Beach State 2005 98 0.090 NA
Park.
IL Beach State 2006 100 0.068 0.076
Park.
[[Page 30441]]
17-111-0001.......... McHenry......... Cary........... 2004 100 0.068 NA
Cary........... 2005 98 0.087 NA
Cary........... 2006 100 0.057 0.070
17-197-1011.......... Will............ Essex Road..... 2004 99 0.067 NA
Essex Road..... 2005 100 0.077 NA
Essex Road..... 2006 94 0.068 0.070
----------------------------------------------------------------------------------------------------------------
WISCONSIN MONITORING SITE
----------------------------------------------------------------------------------------------------------------
55-059-0019.......... Kenosha......... Chiwaukee 2004 100 0.078 NA
Prairie.
Chiwaukee 2005 98 0.093 NA
Prairie.
Chiwaukee 2006 99 0.079 0.083
Prairie.
----------------------------------------------------------------------------------------------------------------
Please note that site 17-031-0042 is located on the top of the
Sears Tower, in excess of 1,000 feet above ground-level. This is a
special purpose monitor that is not intended to measure ambient air
concentrations (concentrations collected near nose levels of adults in
areas where the public generally has access). As such, the lack of data
during the ozone seasons for this site does not constitute a data
completeness problem.
Review of the 2004-2006 ozone concentrations summarized in Table 1
shows that all of the ozone monitoring sites in the Chicago-Gary-Lake
County, IL-IN ozone nonattainment area, as well as the Chiwaukee
Prairie ozone monitoring site, attained the 8-hour ozone standard
during this period. Therefore, based on the most recent three years of
quality-assured ozone monitoring data, the 8-hour ozone NAAQS has been
attained in the Chicago-Gary-Lake County, IL-IN area.
2. Attainment of the 1-Hour Ozone NAAQS
Prior to the revocation of the 1-hour ozone standard, the Chicago-
Gary-Lake County IL-IN area was designated a severe nonattainment area
under the 1-hour standard. If the 1-hour NAAQS is deemed reinstated,
EPA would construe the State's request for redesignation under the 8-
hour standard as also constituting a request under the 1-hour standard.
To support a possible redesignation to attainment for Lake and Porter
Counties to attainment of the 1-hour ozone NAAQS, if the 1-hour NAAQS
is deemed reinstated, it must be shown that the Chicago-Gary-Lake
County, IL-IN area is attaining the 1-hour ozone NAAQS. An area is
considered attaining the 1-hour ozone NAAQS if there are no violations,
as determined in accordance with the regulation codified at 40 CFR
50.9, based on three consecutive calendar years of complete, quality-
assured monitoring data. A violation occurs when the ozone air quality
monitoring data show greater than one (1.0) average expected exceedance
per year at any site in the area. An exceedance occurs when the maximum
hourly ozone concentration exceeds 0.124 parts per million (ppm). The
data should be collected and quality-assured in accordance with 40 CFR
part 58, and recorded in the AQS so that it is available to the public
for review.
The Indiana request is based on an analysis of ozone air quality
data from 2004-2006. Table 2 below summarizes this air quality data.
Table 2.--1-Hour Ozone Exceedances at Monitoring Sites in the Chicago-Gary-Lake County, IL-IN Area Including the
Chiwaukee Prairie Monitoring Site (2004-2006)
----------------------------------------------------------------------------------------------------------------
No. 2004 No. 2005 No. 2006 3-year avg.
Site code County Site exceedances exceedances exceedances exceedances
----------------------------------------------------------------------------------------------------------------
ILLINOIS
----------------------------------------------------------------------------------------------------------------
17-031-0001.......... Cook............ Alsip.......... 0.0 1.0 0.0 0.3
17-031-0076.......... Cook............ Chicago-Com Ed. 0.0 0.0 0.0 0.0
17-031-0072.......... Cook............ Chicago-Jardine 0.0 0.0 0.0 0.0
17-031-0032.......... Cook............ Chicago-SWFP... 0.0 1.0 0.0 0.3
17-031-1003.......... Cook............ Chicago-Taft... 0.0 0.0 0.0 0.0
17-031-0064.......... Cook............ Chicago- 0.0 0.0 0.0 0.0
University.
17-031-4002.......... Cook............ Cicero......... 0.0 0.0 0.0 0.0
17-031-4007.......... Cook............ Des Plaines.... 0.0 0.0 0.0 0.0
17-031-7002.......... Cook............ Evanston....... 0.0 0.0 0.0 0.0
17-031-1601.......... Cook............ Lemont......... 0.0 0.0 0.0 0.0
17-031-4201.......... Cook............ Northbrook..... 0.0 0.0 0.0 0.0
17-043-6001.......... DuPage.......... Lisle.......... 0.0 0.0 0.0 0.0
17-089-0005.......... Kane............ Elgin.......... 0.0 0.0 0.0 0.0
17-097-1002.......... Lake............ Waukegan....... 0.0 0.0 0.0 0.0
17-097-1007.......... Lake............ Zion........... 0.0 0.0 0.0 0.0
17-111-0001.......... McHenry......... Cary........... 0.0 0.0 0.0 0.0
17-197-1011.......... Will............ Braidwood...... 0.0 0.0 0.0 0.0
----------------------------------------------------------------------------------------------------------------
INDIANA
----------------------------------------------------------------------------------------------------------------
18-089-0022.......... Lake............ Gary........... 0.0 1.0 0.0 0.3
[[Page 30442]]
18-089-2008.......... Lake............ Hammond........ 0.0 0.0 0.0 0.0
18-089-0030.......... Lake............ Whiting........ 0.0 0.0 0.0 0.0
18-127-0024.......... Porter.......... Ogden Dunes.... 0.0 1.0 0.0 0.3
18-127-0026.......... Porter.......... Valparaiso..... 0.0 0.0 0.0 0.0
----------------------------------------------------------------------------------------------------------------
WISCONSIN
----------------------------------------------------------------------------------------------------------------
55-059-0019.......... Kenosha......... Chiwaukee 0.0 0.0 0.0 0.0
Prairie.
----------------------------------------------------------------------------------------------------------------
From Table 2, it can be seen that the Chicago-Gary-Lake County, IL-
IN area is attaining the 1-hour ozone standard for the 2004-2006 period
because there were no average expected exceedances greater than 1.0.
B. Has the State of Indiana Committed To Maintain the Ozone Monitoring
System in Lake and Porter Counties?
IDEM commits to maintain the ozone monitoring system in Lake and
Porter Counties during the maintenance period. Any necessary changes in
the ozone monitoring system will be discussed in advance with the EPA.
Therefore, the State of Indiana meets a redesignation condition that we
normally require of States seeking redesignation of areas to attainment
of the ozone standard.
C. Have Lake and Porter Counties and the State of Indiana Met All of
the Requirements of Section 110 and Part D of the CAA Applicable for
Purposes of Redesignation, and Do Lake and Porter Counties Have a Fully
Approved SIP Under Section 110(k) of the CAA for Purposes of
Redesignation to Attainment?
We have determined that Lake and Porter Counties and the State of
Indiana have met all SIP requirements currently applicable for purposes
of redesignation to attainment of the 8-hour NAAQS for this area under
section 110 of the CAA (general SIP requirements). We have also
determined that Indiana has met the SIP requirements applicable for
purposes of redesignation under subpart 2 part D of title I of the CAA
(requirements specific to ozone nonattainment areas classified under
subpart 2. See section 107(d)(3)(E)(v) of the CAA. In addition, we have
determined that all applicable requirements, with the exception of the
base year emissions inventory, are approved in the Indiana SIP. As
discussed in section VIII, below, as part of today's action, EPA is
proposing to approve Indiana's 2002 base year emissions inventory. See
section 107(d)(3)(E)(ii) of the CAA. In making these determinations, we
reviewed the CAA requirements which are applicable to Lake and Porter
Counties for purposes of redesignation, and concluded 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, which in this case are those CAA requirements applicable to
Lake and Porter Counties at the time the State submitted a complete
ozone redesignation request for this area, on September 12, 2006.
1. Lake and Porter Counties Have Met All Requirements of Section 110
and Part D of the CAA Applicable for Purposes of Redesignation for the
8-Hour NAAQS
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,
subject ``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 an area 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).
a. Section 110 and General SIP Requirements
Section 110(a) of title I of the CAA contains the general
requirements for a SIP, which include: Enforceable emission limitations
and other control measures, means, or techniques; provisions for the
establishment and operation of appropriate devices necessary to collect
data on ambient air quality; and programs to enforce the emission
limitations. General SIP elements and requirements are 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: (i)
Submittal of a SIP that has been adopted by the State after reasonable
public notice and a public hearing; (ii) provisions for establishment
and operation of appropriate procedures needed to monitor ambient air
quality; (iii) provisions for implementation of a source permit
program; (iv) provisions for implementation of new source part C
requirements (Prevention of Significant Deterioration (PSD)) and new
source part D requirements (NSR); (v) criteria for stationary source
emission control measures, monitoring, and reporting; (vi) provisions
for air quality modeling; and, (vii) provision for public and local
agency participation.
SIP requirements and elements are discussed in the following EPA
documents: The September 4, 1992 Calcagni memorandum; and, the
September 17, 1993 Shapiro memorandum. See also other guidance
documents discussed 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
[[Page 30443]]
quality problems in another state. 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 when 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. 65 FR 37890
(June 19, 2000), 66 FR 50399 (October 19, 2001), 68 FR 25418, 25426-27
(May 13, 2003). Further, we believe that the other section 110 elements
described above that are not connected with nonattainment plan
submissions and that are not linked with an area's attainment status
are also not applicable requirements for purposes of redesignation. A
state remains subject to these requirements after an area is
redesignated to attainment. We conclude that only the section 110 and
part D requirements which are linked with an area's designation and
classification are the relevant measures for evaluating this aspect of
a redesignation request. This approach is consistent with EPA's policy
on applicability of conformity and oxygenated fuels requirements for
redesignation purposes, as well as with section 184 ozone transport
control requirements. See: Reading, Pennsylvania proposed and final
rulemakings (61 FR 53174-53176, October 10, 1996 and 62 FR 24826, May
7, 1997); Cleveland-Akron-Lorain, Ohio final rulemaking (61 FR 20458,
May 7, 1996); and Tampa, Florida final rulemaking (60 FR 62748,
December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio ozone redesignation (65 FR 37890, June 19, 2000), and
the Pittsburgh, Pennsylvania ozone redesignation (66 FR 50399, October
19, 2001).
We believe that section 110 elements not linked to the area's
nonattainment status are not applicable for purposes of redesignation.
Any section 110 requirements that are linked to the Part D requirements
for 8-hour ozone nonattainment areas are not yet due, because, as noted
below, the only Part D requirements applicable for purposes of
redesignation under the 8-hour standard that have become due are the
emissions inventory and emissions statement. Therefore EPA concludes
that Indiana has satisfied the criterion of section 107(d)(3)(E)
regarding section 110 of the Act.
Nonetheless, we also note that the EPA has previously approved
provisions in the Indiana SIP addressing section 110 elements under the
1-hour ozone standard.
b. Part D SIP Requirements Under the 8-Hour Ozone Standard
EPA has determined that the Indiana SIP, with the approval of the
base year emissions inventory, will meet applicable SIP requirements
under part D of the CAA as they apply to redesignation to attainment of
the 8-hour ozone NAAQS. Under part D, an area's classification
indicates the requirements to which it will be subject. Subpart 1 of
part D, which includes sections 172-176 of the CAA, sets forth the
basic nonattainment area plan requirements applicable to all
nonattainment areas. Subpart 2 of part D, which includes section 182 of
the CAA, establishes additional, specific requirements for ozone
nonattainment areas dependent on an area's nonattainment
classification.
The subpart 1 requirements for all nonattainment areas are
contained in sections 172(c)(1-9) and section 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).
The SIP requirements of subpart 2 which are relevant to the review
of Indiana's ozone redesignation request are contained in sections
182(a) (marginal nonattainment area requirements) and 182(b) (moderate
nonattainment area requirements) of the CAA.\6\ As noted in our
discussion of 1-hour nonattainment requirements, below, as part of a
severe 1-hour ozone nonattainment area, the State of Indiana and Lake
and Porter Counties had previously been subject to the requirements of
sections 182(a), 182(b), and 182(c) and 182(d) of the CAA.\7\
---------------------------------------------------------------------------
\6\ As a part of a moderate nonattainment area for the 8-hour
ozone NAAQS, Lake and Porter Counties are subject to requirements
for both moderate nonattainment areas and marginal nonattainment
areas because the requirements of section 182 are cumulative. Under
this section, nonattainment areas are subject to all requirements at
their classification level and all requirements for areas of lower
classification.
\7\ As a severe nonattainment area under the 1-hour ozone NAAQS,
Lake and Porter Counties had to comply with requirements for severe
ozone nonattainment areas.
---------------------------------------------------------------------------
As a moderate nonattainment area under the 8-hour ozone NAAQS, the
Chicago-Gary-Lake County nonattainment area was subject to subpart 2
requirements for moderate nonattainment areas. Only two ``new''
requirements for moderate nonattainment areas under the 8-hour ozone
NAAQS came due prior to Indiana's September 12, 2006 submittal of the
complete redesignation request for Lake and Porter Counties. One such
requirement is that the State submit a 2002 base year comprehensive,
accurate inventory of actual emissions of VOC and NOX in
Lake and Porter Counties in compliance with section 182(a)(1) of the
CAA. This requirement came due on June 15, 2006, prior to submission of
the area's redesignation request. 70 FR 71612, 71664 (November 29,
2005) 40 CFR section 5.915. On March 26, 2007, IDEM submitted
documentation of 2002 base year VOC and NOX emissions in
every county in the State. The base year emissions documentation for
Lake and Porter Counties is reviewed below in section VIII of this
proposed rule. EPA proposes to conclude that Indiana has complied with
this requirement.
A second requirement which came due on June 15, 2006 is a
requirement under section 182(a)(3)(B) of the CAA for State rules
requiring major stationary sources to annually report facility
emissions of VOC and NOX (annual emission statements).
Indiana revised its State rule regarding emission statements under the
8-hour ozone standard, and we approved this rule on March 29, 2007 (72
FR 14678).
We believe that other requirements under subparts 1 and 2 that
apply to Lake and Porter Counties did not come due prior to the State's
submittal of a complete ozone redesignation request for this area and
thus do not apply to an evaluation of the redesignation request. Under
EPA's longstanding policy these requirements are not applicable for
purposes of redesignation. See September 4, 1992 Calcagni memorandum,
Detroit-Ann Arbor redesignation, 60 FR 12459, 12465-66 (March 7, 1995),
and Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004).
For example, the requirement for submission of an ozone attainment
demonstration as contained in section 172(c)(1) was not yet applicable
for this area, nor was the requirement for contingency measures under
section 172(c)(9) and 182(c)(9), both of which were not due until June
15, 2007.
In addition, no section 172(c)(1) and 182(b)(2) RACT requirement
submission under the 8-hour standard is applicable for purposes of
redesignation, since the State submitted a redesignation request on
September 12, 2006, prior to the due date of the RACT requirements.
Thus because the RACT requirements did not become due until after
September 15, 2006, under EPA's longstanding policy
[[Page 30444]]
these requirements are not applicable for purposes of redesignation.
Preliminary monitoring data through the time of submittal of the
redesignation request showed that the area was attaining the standard,
and quality-assured data subsequently showed that the area continued to
attain the standard through the end of the ozone season. In addition,
the fourth-high concentration for all monitoring sites had occurred by
mid-July, 2006. The State of Indiana was tracking peak ozone
concentrations in 2006, and through the near-realtime AIRNOW public
information system; so was EPA. EPA and the State were aware of the
fact that the likely high ozone concentrations in 2006 had occurred
prior to the State's submittal of the redesignation request. After
reviewing the peak 8-hour ozone concentrations in 2006, we found that
the top four 8-hour ozone concentrations for all monitoring sites in
the Chicago-Gary-Lake County, IL-IN area and the Chiwaukee Prairie site
during 2006 occurred well prior to September 12. In recent previous
years as well, no fourth high concentration in excess of the standard
had occurred after September 12, and values monitored in late September
were below the standard. In 2004-2006, no values above 85 ppm were
recorded after September 12. Given the fact that peak ozone
concentrations in this area usually occur in June, July, and August, it
was highly unlikely at the time of submittal that any additional
exceedances would occur after submittal of the redesignation request,
and quality-assured data showed that none did in fact occur.
Moreover, with respect to conformity and NSR requirements, EPA
believes that these are not applicable requirements for purposes of
evaluating a redesignation request.
Under Section 176(c), 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 SIPs. The requirement to determine conformity applies to
transportation plans, programs, and projects developed, funded, or
approved under Title 23 U.S.C. and the Federal Transit Act
(transportation conformity) as well as to all other Federally-supported
or funded projects (general conformity). State conformity SIP revisions
must be consistent with Federal conformity regulations that EPA issued
pursuant to the CAA. EPA's longstanding interpretation is that
conformity requirements are not applicable requirements for purposes of
evaluating redesignation requests. State conformity rules are still
required after redesignation of areas 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).
EPA has also determined that areas being redesignated need not
comply with the requirement that a NSR prog
