Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Central Indiana To Attainment of the 8-Hour Ozone Standard, 59210-59213 [E7-20569]
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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued
State effective
date
State citation (9 VAC 5)
Title/subject
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[FR Doc. E7–20568 Filed 10–18–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2007–0173;FRL–8484–2]
Determination of Attainment, Approval
and Promulgation of Implementation
Plans and Designation of Areas for Air
Quality Planning Purposes; Indiana;
Redesignation of Central Indiana To
Attainment of the 8-Hour Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: On March 26, 2007, the
Indiana Department of Environmental
Management (IDEM) submitted a
request for EPA approval of a
redesignation of Boone, Hamilton,
Hancock, Hendricks, Johnson, Madison,
Marion, Morgan, and Shelby Counties
(the Central Indiana Area) to attainment
of the 8-hour ozone National Ambient
Air Quality Standard (NAAQS). IDEM
also requested EPA approval of an
ozone maintenance plan for this area as
a revision of the Indiana State
Implementation Plan (SIP). The
maintenance plan demonstrates
maintenance of the ozone NAAQS in
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this area through 2020 and establishes
2006 and 2020 motor vehicle Volatile
Organic Compounds (VOC) and
Nitrogen Oxides (NOX) emission
budgets for this area. EPA is making a
determination that the Central Indiana
Area has attained the 8-hour ozone
NAAQS. EPA is approving, as a SIP
revision, the State’s ozone maintenance
plan for this area. Indiana has satisfied
the criteria for the redesignation of the
Central Indiana Area to attainment of
the 8-hour ozone NAAQS, and,
therefore, EPA is approving Indiana’s
ozone redesignation request for this
area. Further, EPA is approving, for
purposes of transportation conformity,
the VOC and NOX Motor Vehicle
Emission Budgets (MVEBs) for 2006 and
2020 that are contained in the 8-hour
ozone maintenance plan. EPA proposed
these actions on July 31, 2007, and
received only one comment in response
supporting the proposed actions.
DATES: This final rule is effective on
October 19, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
NO. EPA–R05–OAR–2007–0173. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
PO 00000
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the Internet, and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy 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. We
recommend 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), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6057,
doty.edward@epa.gov.
In the
following, whenever ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ are used, we mean the United
States Environmental Protection
Agency.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for This Rule?
II. What Comments Did We Receive on the
Proposed Action?
III. What Are Our Final Actions?
IV. Statutory and Executive Order Review.
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I. What Is the Background for This
Rule?
The background for today’s action is
discussed in detail in EPA’s July 31,
2007, proposed rule (72 FR 41658). In
that proposed rule, we noted that, under
EPA regulations at 40 CFR part 50, the
8-hour ozone standard is attained in an
area when the three-year average of the
annual fourth-highest daily maximum 8hour average ozone concentrations is
less than or equal to 0.08 parts per
million parts of air (ppm) at all ozone
monitoring sites in the area. (See 69 FR
23857 (April 30, 2004)).
The Clean Air Act (CAA) requires
EPA to designate as nonattainment any
area that is violating the 8-hour ozone
NAAQS based on three consecutive
years of air quality monitoring data.
EPA designated the Central Indiana
Area as a nonattainment area for the 8hour ozone NAAQS in a Federal
Register notice published on April 30,
2004 (69 FR 23857). At the same time,
EPA classified the Central Indiana Area
as a subpart 1 8-hour ozone
nonattainment area, based on quality
assured air quality data for the period of
2001–2003.
Under the CAA, a nonattainment area
may be redesignated to attainment if
sufficient complete, quality-assured data
are available for the Administrator to
determine that the area has attained the
air quality standard and if the area
meets other redesignation requirements
in section 107(d)(3)(E) of the CAA. On
March 26, 2007, Indiana submitted a
request for redesignation of the Central
Indiana Area to attainment of the 8-hour
ozone NAAQS. The redesignation
request included three years of
complete, quality-assured data for the
period of 2004–2006, indicating
attainment of the 8-hour ozone NAAQS
(we have also reviewed available 2007
ozone data for this area, and, to date,
have seen no violations of the 8-hour
ozone standard). The redesignation
request demonstrated that the Central
Indiana Area had met the redesignation
criteria contained in the CAA. The
redesignation request included an ozone
maintenance plan and documentation of
2006 and 2020 VOC and NOX MVEBs
for this area. Our July 31, 2007,
proposed rule (72 FR 41658) provides a
discussion of how the Central Indiana
Area and the State of Indiana have met
the redesignation requirements for this
area.
On December 22, 2006, the U.S. Court
of Appeals for the District of Columbia
Circuit vacated EPA’s Phase 1
Implementation Rule for the 8-hour
Ozone Standard. (69 FR 23951, April 30,
2004). South Coast Air Quality
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Management Dist. v. EPA, 472 F.3d 882
(DC Cir. 2006). For the reasons set forth
in the July 31, 2007, proposed rule, EPA
does not believe that the Court’s rulings
alter any requirements relevant to this
redesignation action so as to preclude
redesignation, and do not prevent EPA
from finalizing this redesignation.
II. What Comments Did We Receive on
the Proposed Action?
EPA provided a 30-day review and
comment period. The comment period
closed on August 31, 2007. We received
only one comment letter from the City
of Indianapolis, which supported our
proposed approval of Indiana’s ozone
redesignation request.
III. What Are Our Final Actions?
EPA is taking several related actions
for the Central Indiana Area. First, EPA
is making a determination that the
Central Indiana Area has attained the 8hour ozone standard. EPA is approving
Indiana’s ozone maintenance plan SIP
revision for the Central Indiana Area.
EPA is approving the State’s request to
change the legal designation of the
Central Indiana Area from
nonattainment to attainment of the 8hour ozone NAAQS. Finally, for the
Central Indiana Area, EPA is approving
2006 MVEBs of 54.32 tons VOC per day
and 106.19 tons NOX per day and 2020
MVEBs of 29.52 tons VOC per day and
35.69 tons NOX per day.
In accordance with 5 U.S.C. 553(d),
EPA finds that there is good cause for
these actions to become effective
immediately upon publication. This is
because a delayed effective date is
unnecessary due to the nature of a
redesignation to attainment, which
relieves the area from certain CAA
requirements that would otherwise
apply to it. The immediate effective date
for this action is authorized under both
5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in 553(d) is to give
affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s rule relieves the State of
planning requirements for this 8-hour
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ozone nonattainment area. For these
reasons, EPA finds good cause under 5
U.S.C. 553(d)(3) for these actions to
become effective on the date of
publication of these actions.
IV. Statutory and Executive Order
Review
Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’
and, therefore, is not subject to review
by the Office of Management and
Budget.
Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant energy
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
Regulatory Flexibility Act
This action merely approves state law
as meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Redesignation of an area to attainment
under section 107(d)(3)(E) of the Clean
Air Act does not impose any new
requirements on small entities.
Redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on sources. Accordingly,
the Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under state law
and does not impose any additional
enforceable duty beyond that required
by State law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4).
Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
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Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). Redesignation is an
action that merely affects the status of
a geographical area, and does not
impose any new requirements on
sources, or allows a State to avoid
adopting or implementing additional
requirements, and does not alter the
relationship or distribution of power
and responsibilities established in the
Clean Air Act.
Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it approves a
State rule implementing a Federal
Standard.
National Technology Transfer
Advancement Act
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Redesignation is an
action that affects the status of a
geographical area but does not impose
any new requirements on sources. Thus,
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under Section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 18,
2007. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule for the purposes of judicial
review, nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to force
its requirements. (See Section 307(b)(2).)
List of Subjects
Dated: October 10, 2007.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
Parts 52 and 81, chapter I, title 40 of
the Code of Federal Regulations are
amended as follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart P—Indiana
2. Section 52.777 is amended by
adding paragraph (jj) to read as follows:
I
§ 52.777 Control strategy: Photochemical
oxidants (hydrocarbons).
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(jj) Approval—On March 26, 2007,
Indiana submitted a request to
redesignate Boone, Hamilton, Hancock,
Hendricks, Johnson, Madison, Marion,
Morgan, and Shelby Counties (the
Central Indiana Area) (Indianapolis
ozone nonattainment area) to attainment
of the 8-hour ozone National Ambient
Air Quality Standard. As part of the
redesignation request, the State
submitted an ozone maintenance plan
as required by section 175A of the Clean
Air Act. Part of the section 175A
maintenance plan includes a
contingency plan. The ozone
maintenance plan establishes 2006
motor vehicle emission budgets for the
Central Indiana Area of 54.32 tons per
day for volatile organic compounds
(VOC) and 106.19 tons per day for
nitrogen oxides (NOX) and 2020 motor
vehicle emission budgets for the Central
Indiana Area of 29.52 tons per day for
VOC and 35.69 tons per day for NOX.
PART 81—[AMENDED]
3. The authority citation for part 81
continues to read as follows:
I
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Particulate matter, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
4. Section 81.315 is amended by
revising the entries for Indianapolis,
Indiana: in the table entitled ‘‘IndianaOzone (8-Hour Standard)’’ to read as
follows:
I
40 CFR Part 81
Air pollution control, Environmental
protection, National parks, Wilderness
areas.
§ 81.315
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Indiana.
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INDIANA—OZONE (8-HOUR STANDARD)
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INDIANA—OZONE (8-HOUR STANDARD)—Continued
Designation a
Classification
Designated area
Date 1
Boone County ............................................
Hamilton County ........................................
Hancock County ........................................
Hendricks County ......................................
Johnson County ........................................
Madison County ........................................
Marion County ...........................................
Morgan County ..........................................
Shelby County ...........................................
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Date 1
Type
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Type
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
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a Includes
1 This
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Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
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[FR Doc. E7–20569 Filed 10–18–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and 81
[EPA–R03–OAR–2007–0344; FRL–8484–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation of the
Mercer County Portion of the
Youngstown-Warren-Sharon, OH–PA
8-Hour Ozone Nonattainment Area to
Attainment and Approval of the Area’s
Maintenance Plan and 2002 Base Year
Inventory
Effective Date: This final rule is
effective on November 19, 2007.
DATES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
16:59 Oct 18, 2007
Jkt 214001
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0344. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environment Protection,
Bureau of Air Quality Control, P.O. Box
ADDRESSES:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The Pennsylvania
Department of Environmental Protection
(PADEP) is requesting that the Mercer
County portion of the YoungstownWarren-Sharon, OH–PA 8-hour ozone
nonattainment area (‘‘Youngstown
Area’’ or ‘‘Area’’) be redesignated as
attainment for the 8-hour ozone ambient
air quality standard (NAAQS). The Area
is comprised of Mercer County,
Pennsylvania and Trumbull, Mahoning,
and Columbiana Counties, Ohio. EPA is
approving the ozone redesignation
request for Mercer County. In a separate
rulemaking action (72 FR 32190, June
12, 2007) EPA approved the ozone
redesignation request for Trumbull,
Mahoning, and Columbiana Counties,
Ohio. In conjunction with its
redesignation request, PADEP submitted
a SIP revision consisting of a
VerDate Aug<31>2005
maintenance plan for Mercer County
that provides for continued attainment
of the 8-hour ozone NAAQS for at least
10 years after redesignation. EPA is
approving the 8-hour maintenance plan.
PADEP also submitted a 2002 base year
inventory for Mercer County which EPA
is approving. In addition, EPA is
approving the adequacy determination
for the motor vehicle emission budgets
(MVEBs) that are identified in the
Mercer County maintenance plan for
purposes of transportation conformity,
and is approving those MVEBs. EPA is
approving the redesignation request,
and the maintenance plan and the 2002
base year emissions inventory as
revisions to the Pennsylvania SIP in
accordance with the requirements of the
Clean Air Act (CAA).
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8468, 400 Market Street, Harrisburg, PA
17105.
FOR FURTHER INFORMATION CONTACT:
Amy Caprio, (215) 814–2156, or by email at caprio.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 27, 2007 (72 FR 41246), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of
Pennsylvania’s redesignation request, a
SIP revision that establishes a
maintenance plan for Mercer County
that provides for continued attainment
of the 8-hour ozone NAAQS for at least
10 years after redesignation, and a 2002
base year emissions inventory. The
formal SIP revisions were submitted by
PADEP on March 27, 2007. Other
specific requirements of Pennsylvania’s
redesignation request SIP revision for
the maintenance plan and the rationales
for EPA’s proposed actions are
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
However, on December 22, 2006, the
U.S. Court of Appeals for the District of
Columbia Circuit vacated EPA’s Phase 1
Implementation Rule for the 8-hour
Ozone Standard. (69 FR 23951, April 30,
2004). South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882
(D.C.Cir. 2006). On June 8, 2007, in
South Coast Air Quality Management
Dist. v. EPA, Docket No. 04–1201, in
response to several petitions for
rehearing, the D. C. Circuit clarified that
the Phase 1 Rule was vacated only with
regard to those parts of the rule that had
been successfully challenged. Therefore,
the Phase 1 Rule provisions related to
classifications for areas currently
classified under subpart 2 of Title I, part
D of the CAA as 8-hour nonattainment
areas, the 8-hour attainment dates and
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[Federal Register Volume 72, Number 202 (Friday, October 19, 2007)]
[Rules and Regulations]
[Pages 59210-59213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20569]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2007-0173;FRL-8484-2]
Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Indiana; Redesignation of Central Indiana To Attainment of
the 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On March 26, 2007, the Indiana Department of Environmental
Management (IDEM) submitted a request for EPA approval of a
redesignation of Boone, Hamilton, Hancock, Hendricks, Johnson, Madison,
Marion, Morgan, and Shelby Counties (the Central Indiana Area) to
attainment of the 8-hour ozone National Ambient Air Quality Standard
(NAAQS). IDEM also requested EPA approval of an ozone maintenance plan
for this area as a revision of the Indiana State Implementation Plan
(SIP). The maintenance plan demonstrates maintenance of the ozone NAAQS
in this area through 2020 and establishes 2006 and 2020 motor vehicle
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX)
emission budgets for this area. EPA is making a determination that the
Central Indiana Area has attained the 8-hour ozone NAAQS. EPA is
approving, as a SIP revision, the State's ozone maintenance plan for
this area. Indiana has satisfied the criteria for the redesignation of
the Central Indiana Area to attainment of the 8-hour ozone NAAQS, and,
therefore, EPA is approving Indiana's ozone redesignation request for
this area. Further, EPA is approving, for purposes of transportation
conformity, the VOC and NOX Motor Vehicle Emission Budgets
(MVEBs) for 2006 and 2020 that are contained in the 8-hour ozone
maintenance plan. EPA proposed these actions on July 31, 2007, and
received only one comment in response supporting the proposed actions.
DATES: This final rule is effective on October 19, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
NO. EPA-R05-OAR-2007-0173. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet, and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy 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. We recommend 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), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6057, doty.edward@epa.gov.
SUPPLEMENTARY INFORMATION: In the following, whenever ``we,'' ``us,''
or ``our'' are used, we mean the United States Environmental Protection
Agency.
Table of Contents
I. What Is the Background for This Rule?
II. What Comments Did We Receive on the Proposed Action?
III. What Are Our Final Actions?
IV. Statutory and Executive Order Review.
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I. What Is the Background for This Rule?
The background for today's action is discussed in detail in EPA's
July 31, 2007, proposed rule (72 FR 41658). In that proposed rule, we
noted that, under EPA regulations at 40 CFR part 50, the 8-hour ozone
standard is attained in an area when the three-year average of the
annual fourth-highest daily maximum 8-hour average ozone concentrations
is less than or equal to 0.08 parts per million parts of air (ppm) at
all ozone monitoring sites in the area. (See 69 FR 23857 (April 30,
2004)).
The Clean Air Act (CAA) requires EPA to designate as nonattainment
any area that is violating the 8-hour ozone NAAQS based on three
consecutive years of air quality monitoring data. EPA designated the
Central Indiana Area as a nonattainment area for the 8-hour ozone NAAQS
in a Federal Register notice published on April 30, 2004 (69 FR 23857).
At the same time, EPA classified the Central Indiana Area as a subpart
1 8-hour ozone nonattainment area, based on quality assured air quality
data for the period of 2001-2003.
Under the CAA, a nonattainment area may be redesignated to
attainment if sufficient complete, quality-assured data are available
for the Administrator to determine that the area has attained the air
quality standard and if the area meets other redesignation requirements
in section 107(d)(3)(E) of the CAA. On March 26, 2007, Indiana
submitted a request for redesignation of the Central Indiana Area to
attainment of the 8-hour ozone NAAQS. The redesignation request
included three years of complete, quality-assured data for the period
of 2004-2006, indicating attainment of the 8-hour ozone NAAQS (we have
also reviewed available 2007 ozone data for this area, and, to date,
have seen no violations of the 8-hour ozone standard). The
redesignation request demonstrated that the Central Indiana Area had
met the redesignation criteria contained in the CAA. The redesignation
request included an ozone maintenance plan and documentation of 2006
and 2020 VOC and NOX MVEBs for this area. Our July 31, 2007,
proposed rule (72 FR 41658) provides a discussion of how the Central
Indiana Area and the State of Indiana have met the redesignation
requirements for this area.
On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit vacated EPA's Phase 1 Implementation Rule for the 8-
hour Ozone Standard. (69 FR 23951, April 30, 2004). South Coast Air
Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006). For the
reasons set forth in the July 31, 2007, proposed rule, EPA does not
believe that the Court's rulings alter any requirements relevant to
this redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation.
II. What Comments Did We Receive on the Proposed Action?
EPA provided a 30-day review and comment period. The comment period
closed on August 31, 2007. We received only one comment letter from the
City of Indianapolis, which supported our proposed approval of
Indiana's ozone redesignation request.
III. What Are Our Final Actions?
EPA is taking several related actions for the Central Indiana Area.
First, EPA is making a determination that the Central Indiana Area has
attained the 8-hour ozone standard. EPA is approving Indiana's ozone
maintenance plan SIP revision for the Central Indiana Area. EPA is
approving the State's request to change the legal designation of the
Central Indiana Area from nonattainment to attainment of the 8-hour
ozone NAAQS. Finally, for the Central Indiana Area, EPA is approving
2006 MVEBs of 54.32 tons VOC per day and 106.19 tons NOX per
day and 2020 MVEBs of 29.52 tons VOC per day and 35.69 tons
NOX per day.
In accordance with 5 U.S.C. 553(d), EPA finds that there is good
cause for these actions to become effective immediately upon
publication. This is because a delayed effective date is unnecessary
due to the nature of a redesignation to attainment, which relieves the
area from certain CAA requirements that would otherwise apply to it.
The immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in 553(d) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
Today's rule, however, does not create any new regulatory requirements
such that affected parties would need time to prepare before the rule
takes effect. Rather, today's rule relieves the State of planning
requirements for this 8-hour ozone nonattainment area. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these
actions to become effective on the date of publication of these
actions.
IV. Statutory and Executive Order Review
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Redesignation of an area to attainment under
section 107(d)(3)(E) of the Clean Air Act does not impose any new
requirements on small entities. Redesignation is an action that affects
the status of a geographical area and does not impose any new
regulatory requirements on sources. Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves 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 13175: Consultation and Coordination with Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and
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Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). Redesignation is an action that merely affects the status of
a geographical area, and does not impose any new requirements on
sources, or allows a State to avoid adopting or implementing additional
requirements, and does not alter the relationship or distribution of
power and responsibilities established in the Clean Air Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a State rule implementing a
Federal Standard.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Redesignation is an
action that affects the status of a geographical area but does not
impose any new requirements on sources. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 18, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review, nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to force its requirements. (See Section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile
organic compounds.
40 CFR Part 81
Air pollution control, Environmental protection, National parks,
Wilderness areas.
Dated: October 10, 2007.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations
are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Indiana
0
2. Section 52.777 is amended by adding paragraph (jj) to read as
follows:
Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons).
* * * * *
(jj) Approval--On March 26, 2007, Indiana submitted a request to
redesignate Boone, Hamilton, Hancock, Hendricks, Johnson, Madison,
Marion, Morgan, and Shelby Counties (the Central Indiana Area)
(Indianapolis ozone nonattainment area) to attainment of the 8-hour
ozone National Ambient Air Quality Standard. As part of the
redesignation request, the State submitted an ozone maintenance plan as
required by section 175A of the Clean Air Act. Part of the section 175A
maintenance plan includes a contingency plan. The ozone maintenance
plan establishes 2006 motor vehicle emission budgets for the Central
Indiana Area of 54.32 tons per day for volatile organic compounds (VOC)
and 106.19 tons per day for nitrogen oxides (NOX) and 2020
motor vehicle emission budgets for the Central Indiana Area of 29.52
tons per day for VOC and 35.69 tons per day for NOX.
PART 81--[AMENDED]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. Section 81.315 is amended by revising the entries for Indianapolis,
Indiana: in the table entitled ``Indiana-Ozone (8-Hour Standard)'' to
read as follows:
Sec. 81.315 Indiana.
* * * * *
Indiana--Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area ------------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Indianapolis, IN: October 19, 2007
[[Page 59213]]
Boone County............... ............................. Attainment..................
Hamilton County............ ............................. Attainment..................
Hancock County............. ............................. Attainment..................
Hendricks County........... ............................. Attainment..................
Johnson County............. ............................. Attainment..................
Madison County............. ............................. Attainment..................
Marion County.............. ............................. Attainment..................
Morgan County.............. ............................. Attainment..................
Shelby County.............. ............................. Attainment..................
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
[FR Doc. E7-20569 Filed 10-18-07; 8:45 am]
BILLING CODE 6560-50-P
