Determination of Attainment, Approval and Promulgation of Air Quality Implementation Plans; Indiana, 48703-48707 [E9-23042]
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Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0512; FRL–8962–1]
Determination of Attainment, Approval
and Promulgation of Air Quality
Implementation Plans; Indiana
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to make a
determination, under the Clean Air Act
(CAA), that the Chicago-Gary-Lake
County, Illinois-Indiana (IL-IN) ozone
nonattainment area has attained the
1997 eight-hour ozone National
Ambient Air Quality Standard
(NAAQS). This determination is based
on complete, quality-assured ambient
air quality monitoring data for the
period of 2006–2008. Preliminary data
for 2009 show that the area continues to
attain the standard. EPA is also
proposing to approve a request from the
State of Indiana to exempt sources of
Nitrogen Oxides (NOX) in Lake and
Porter Counties from CAA requirements
for Reasonably Available Control
Technology (RACT). The State’s NOX
RACT waiver request is based on the
most recent three years of complete,
quality-assured ozone monitoring data,
which demonstrate that additional
reduction of NOX emissions would not
contribute to attainment of the 1997
eight-hour ozone NAAQS in the
Chicago-Gary-Lake County, IL-IN area.
This action proposes to approve the
State’s request for a waiver from the
NOX RACT requirements for Lake and
Porter Counties under the CAA. In the
Final Rules section of this Federal
Register, EPA is deferring the
imposition of sanctions for the State’s
failure to submit required NOX RACT
regulations based on this proposed
attainment determination while we
complete action on the proposed NOX
RACT waiver. This deferral of sanctions
will continue unless EPA determines
that the area is no longer attaining the
1997 eight-hour ozone NAAQS.
However, if EPA proposes and takes
final action in the future to redesignate
the area to attainment, such action will
permanently stop the sanctions clock.
DATES: Comments must be received on
or before October 26, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0512, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
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• E-mail: mooney.john@epa.gov.
• Fax: (312) 692–2551.
• 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, 18th Floor,
Chicago, Illinois 60604. 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 official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2009–
0512. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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, any form of
encryption, and be free of any defects
and viruses. For additional instructions
on submitting comments, go to section
I of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
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48703
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 hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the U.S. 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 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.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What Should I Consider as I Prepare My
Comments for EPA?
II. What Is the Background for This Action?
III. State Petition
IV. EPA Analysis of the Petition
A. Has the Chicago-Gary-Lake County, ILIN Area Attained the 1997 Eight-Hour
Ozone NAAQS?
B. EPA Analysis of the State’s NOX RACT
Waiver Petition
V. Sanctions
VI. What Are the Environmental Effects of
This Action?
VII. EPA’s Proposed Action
VIII. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare
My Comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
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6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified in the proposed rule.
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II. What Is the Background for This
Action?
EPA has determined that ground-level
ozone (O3) is detrimental to human
health. On July 18, 1997 (62 FR 38856),
EPA promulgated an eight-hour ozone
NAAQS of 0.08 parts per million parts
of air (0.08 ppm). This standard is
violated in an area when any ozone
monitor in the area (or in its downwind
environs) records eight-hour ozone
concentrations with a three-year average
of the annual fourth-highest daily
maximum eight-hour ozone
concentrations equaling or exceeding 85
parts per billion parts of air (ppb).
Section 107 of the CAA required EPA
to designate as nonattainment any area
that violated the 1997 eight-hour ozone
standard. The Federal Register notice
promulgating the eight-hour ozone
designations and classifications was
published on April 30, 2004 (69 FR
23857). In that EPA rulemaking, the
Chicago-Gary-Lake County, IL-IN area,
which contains Lake and Porter
Counties, Indiana, was designated as a
nonattainment area for the 1997 eighthour ozone standard, and the
designation became effective on June 15,
2004.
Ground-level ozone is not generally
emitted directly by sources. Rather,
emitted NOX and Volatile Organic
Compounds (VOC) react in the presence
of sunlight to form ground-level ozone
as a secondary compound, along with
other secondary compounds. NOX and
VOC are referred to as ‘‘ozone
precursors.’’ Reduction of peak groundlevel ozone concentrations is achieved
through controlling VOC and NOX
emissions.
The CAA, title 1, part D contains two
sets of provisions—subparts 1 and 2—
that address planning and emission
control requirements for ozone
nonattainment areas. Subpart 1 contains
general, less prescriptive requirements
for all nonattainment areas of any
pollutant governed by a NAAQS.
Subpart 2 contains more specific
requirements for certain ozone
nonattainment areas and applies to
ozone nonattainment areas classified
under section 181 of the CAA. The
Chicago-Gary-Lake County, IL-IN area is
classified as a moderate nonattainment
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area for the 1997 eight-hour ozone
standard.
The subpart 2 ozone plan
requirements under the CAA with
respect to control of VOC and NOX
emissions depend on the ozone
nonattainment classification of an area.
The air quality planning requirements
for the reduction of NOX emissions are
set forth in section 182(f) of the CAA.
Section 182(f) requires States with areas
designated nonattainment for ozone and
classified as moderate and above to
adopt and implement the same level of
NOX emission controls for major
stationary sources as apply to major
stationary sources of VOC emissions.
Section 182(f) also provides that these
NOX emission reduction requirements
do not apply to an area outside of an
ozone transport region if EPA
determines that additional reductions of
NOX emissions would not contribute to
attainment of the ozone standard in the
area. Section 182(f)(1)(A). In areas
where the ozone standard is attained, as
demonstrated by complete, qualityassured air quality data, without the
implementation of the additional
section 182(f) NOX emission controls, it
is clear that the additional NOX
emission reductions required by section
182(f) did not contribute to attainment
of the ozone standard.
On March 17, 2008, EPA notified
Thomas W. Easterly, Commissioner,
Indiana Department of Environmental
Management (IDEM), that EPA had
determined that the State of Indiana had
failed to submit a NOX RACT State
Implementation Plan (SIP) revision for
Lake and Porter Counties (the Indiana
portion of the Chicago-Gary-Lake
County, IL-IN ozone nonattainment area
for the 1997 eight-hour ozone standard).
EPA formalized this finding in the
Federal Register on March 24, 2008 (73
FR 15416), and that action commenced
the sanctions process outlined by
section 179 of the CAA and 40 CFR
52.31. See 59 FR 39832, August 4, 1994.
Under this process, the new source twoto-one (2:1) emissions offset sanction
would take effect in Lake and Porter
Counties on September 24, 2009. The
sanctions clock would run and any
imposed sanctions would remain in
effect until either a NOX RACT SIP
revision is submitted to EPA by the
State of Indiana and is affirmatively
determined complete by EPA or a NOX
control exemption (waiver) under
section 182(f) is granted by EPA. In the
Final Rules section of today’s Federal
Register, EPA has published an interim
final rule to defer sanctions for Lake and
Porter Counties based on our proposed
determination that the Counties are
attaining the 1997 eight-hour ozone
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NAAQS and that the NOX RACT waiver
request is approvable.
The criteria established for
determining the applicability of section
182(f) NOX emission controls and the
evaluation of section 182(f) NOX
emission control waiver requests are set
forth in a January 14, 2005, EPA policy
memorandum, ‘‘Guidance on Limiting
Nitrogen Oxides (NOX) Requirements
Related to 8-Hour Ozone
Implementation,’’ from Stephen D. Page,
Director, Office of Air Quality Planning
and Standards.
III. State Petition
On June 5, 2009, IDEM submitted a
request for the redesignation of Lake
and Porter Counties to attainment of the
1997 eight-hour ozone standard. As part
of this ozone redesignation request,
IDEM also requested an exemption from
NOX RACT requirements for Lake and
Porter Counties under section 182(f) of
the CAA based on the monitoring of
ozone, which showed attainment of the
1997 eight-hour ozone standard in the
Chicago-Gary-Lake County, IL-IN ozone
nonattainment area and at the
Chiwaukee Prairie monitoring site in
Kenosha County, Wisconsin monitoring
site.1 The NOX exemption request is
based on ozone air quality monitoring
data for the period of 2006–2008, which
demonstrate that the 1997 eight-hour
ozone NAAQS has been attained in the
area without additional reductions of
NOX emissions.
IV. EPA Analysis of the Petition
A. Has the Chicago-Gary-Lake County,
IL-IN Area Attained the 1997 Eight-Hour
Ozone NAAQS?
An area may be considered to be
attaining the 1997 eight-hour ozone
standard if there are no violations of the
standard, as determined in accordance
with 40 CFR 50.10 and appendix I,
based on the most recent three
complete, consecutive calendar years of
quality-assured air quality monitoring
data at all ozone monitoring sites in the
area and in its nearby downwind
environs. To attain this standard, the
average of the annual fourth-high daily
1 Although the Chiwaukee Prairie monitoring site
is outside of the Chicago-Gary-Lake County, IL-IN
ozone nonattainment area, it is very near the
Illinois-Wisconsin border and is considered to be a
peak ozone impact site for VOC and NOX emissions
originating in the Chicago-Gary-Lake County, IL-IN
ozone nonattainment area. The fact that the
Chiwaukee Prairie ozone monitoring site is the
ozone design value site for the Chicago-Gary-Lake
County, IL-IN eight-hour ozone nonattainment area
is documented in an enclosure to a December 3,
2003 letter from Thomas V. Skinner, Regional
Administrator, Region 5, U.S. Environmental
Protection Agency to Honorable Rod R. Blagojevich,
Governor, State of Illinois.
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maximum eight-hour average ozone
concentrations measured and recorded
at each monitoring site (the monitoring
site’s ozone 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
eight-hour ozone standard is attained if
the area’s ozone design value 2 is 0.084
ppm or less. The data must be collected
and quality-assured in accordance with
40 CFR 58, and must be recorded in
EPA’s Air Quality System (AQS). The
ozone monitors generally should have
remained at the same locations for the
duration of the monitoring period
required to demonstrate attainment (for
three years or more). The data
supporting attainment of the standard
must be complete in accordance with 40
CFR 50, appendix I.
As part of the June 5, 2009, ozone
redesignation request, IDEM
summarized the annual fourth-high
eight-hour ozone concentrations and the
three-year eight-hour ozone design
values for the period of 2003–2008 for
all ozone monitoring sites in Lake and
Porter Counties and in the ChicagoGary-Lake County, IL-IN ozone
nonattainment area. This summary also
includes ozone concentration data for
the Chiwaukee Prairie monitoring site in
Wisconsin. IDEM notes that the 2006–
2008 ozone design values for all
monitoring sites are below the 0.084
ppm ozone attainment level. We have
reviewed the data and agree that the
ozone monitoring data for the
monitoring sites in the nonattainment
area and for the Chiwaukee Prairie,
Wisconsin monitoring site show
attainment of the 1997 eight-hour ozone
standard. The worst-case 2006–2008
48705
ozone design 3 for the Chicago-GaryLake County, IL-IN area is found at the
Chiwaukee Prairie monitoring site, with
a value of 0.078 ppm, below the 0.08
ppm eight-hour ozone standard level.
See Table 1 below.
Table 1 summarizes the annual
fourth-high daily maximum eight-hour
ozone concentrations and three-year
(2006–2008) averages of the annual
fourth-high daily maximum eight-hour
ozone concentrations for all ozone
monitoring sites in the Chicago-GaryLake County, IL-IN area and for the
Chiwaukee Prairie monitoring site. The
2006–2008 monitoring data cover the
most recent three years of quality
assured ozone monitoring data for this
area. These representative peak ozone
concentrations are based on 2006–2008
ozone data that have been quality
assured and certified by the States of
Indiana, Illinois, and Wisconsin.
TABLE 1—ANNUAL FOURTH-HIGH DAILY MAXIMUM EIGHT-HOUR OZONE CONCENTRATIONS IN PARTS PER MILLION (PPM)
AND THREE-YEAR AVERAGES
Monitoring site
2006
2007
2008
Three-year
average
Indiana Monitoring Sites
Gary .................................................................................................................
Hammond ........................................................................................................
Ogden Dunes ...................................................................................................
Valparaiso ........................................................................................................
Whiting .............................................................................................................
0.073
0.075
0.070
0.071
0.081
0.085
0.077
0.084
0.080
0.088
0.062
0.068
0.069
0.061
0.062
0.073
0.073
0.074
0.070
0.077
0.078
0.075
0.073
0.070
0.065
0.075
0.077
0.070
0.060
0.068
0.072
0.062
0.062
0.071
0.068
0.057
0.068
0.085
0.082
0.084
0.079
0.075
0.080
0.079
0.085
0.068
0.076
0.080
0.072
0.075
0.081
0.080
0.074
0.071
0.066
0.066
0.058
0.063
0.063
0.066
0.063
0.071
0.060
0.063
0.058
0.057
0.061
0.061
0.067
0.063
0.057
0.076
0.074
0.071
0.070
0.067
0.074
0.073
0.075
0.062
0.069
0.070
0.063
0.066
0.071
0.071
0.064
0.065
0.079
0.085
0.069
0.078
Illinois Monitoring Sites
Alsip .................................................................................................................
Chicago-Cheltenham .......................................................................................
Chicago-Adams ...............................................................................................
Chicago-Ellis Avenue .......................................................................................
Chicago-Ohio Street ........................................................................................
Chicago-Lawndale ...........................................................................................
Chicago-Hurlbut Street ....................................................................................
Lemont .............................................................................................................
Cicero ...............................................................................................................
Northbrook .......................................................................................................
Evanston ..........................................................................................................
Lisle ..................................................................................................................
Elgin .................................................................................................................
Waukegan ........................................................................................................
Illinois Beach State Park .................................................................................
Cary .................................................................................................................
Essex Road .....................................................................................................
Wisconsin Monitoring Site
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Chiwaukee Prairie ............................................................................................
Review of the 2006–2008 ozone
concentrations and ozone design values
summarized in Table 1 shows that all of
the ozone monitoring sites for the
Chicago-Gary-Lake County, IL-IN area,
plus the Chiwaukee Prairie monitoring
site in Wisconsin, were attaining the
1997 eight-hour ozone standard during
this period. Therefore, based on the
most recent three years of quality
assured ozone monitoring data, the 1997
eight-hour ozone standard has been
2 The worst-case monitoring site-specific ozone
design value in the area and in its downwind
environs.
3 For an individual ozone monitoring site, the
ozone design value is the three-year average of the
annual fourth-highest daily maximum eight-hour
ozone concentrations. For any given area, the area’s
ozone design value is the worst-case site-specific
ozone design value for all ozone monitoring sites
in the area.
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attained in this area. Preliminary data
for 2009 4 indicate that the area
continues to attain the standard. Based
on these ozone monitoring data, EPA is
proposing here to determine that the
Chicago-Gary-Lake County, IL-IN ozone
nonattainment area has attained the
1997 eight-hour ozone standard.
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B. EPA Analysis of the State’s NOX
RACT Waiver Petition
EPA’s 2005 guidance document,
‘‘Guidance on Limiting Nitrogen Oxides
(NOx) Requirements Related to 8-Hour
Ozone Implementation,’’ sets forth the
criteria for demonstrating that further
NOX emission reductions in an ozone
nonattainment area will not contribute
to ozone attainment. The guidance
provides that three consecutive years of
monitoring data documenting ozone
levels attaining the ozone NAAQS in
areas in which a State has not
implemented certain NOX emission
controls (see discussion below) is
adequate to demonstrate that the
additional NOX emission reductions
will not aid in achieving attainment of
the ozone NAAQS. As described in the
guidance document, approval of the
NOX emission control exemption is
granted by EPA on a contingent basis.
The NOX emission control exemption
continues only as long as the State(s)
continues to monitor attainment of the
ozone NAAQS. If, prior to redesignation
of the area to attainment of the ozone
NAAQS, the area violates the 1997
eight-hour ozone NAAQS, as defined at
40 CFR 50.10 and appendix I, EPA will
undertake rulemaking to withdraw the
NOX RACT emission control exemption
for the area. Upon issuance of a final
action withdrawing the NOX RACT
emission control exemption, the area
would once again be subject to the NOX
emission control requirements under
section 182(f) of the CAA.
As noted above, IDEM documented
the annual fourth-highest daily
maximum eight-hour ozone
concentrations during the period of
2006–2008 for all ozone monitors in the
Chicago-Gary-Lake County, IL-IN ozone
nonattainment area and for the
Chiwaukee Prairie monitoring site in
Kenosha County, Wisconsin in the June
5, 2009, submittal. These data
demonstrate that the 1997 eight-hour
ozone NAAQS has been attained in the
4 Quality-assured ozone data for 2009 are
generally only available through June in EPA’s Air
Quality System for Illinois, Indiana, and Wisconsin,
providing an incomplete picture of the peak ozone
concentrations for all high ozone months in 2009.
Nonetheless, these data, coupled with draft data
used to support ozone action alerts, indicate that no
violations of the 1997 eight-hour ozone NAAQS
have been monitored to date in this area in 2009.
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Chicago-Gary-Lake County, IL-IN ozone
nonattainment area.
Indiana has not adopted or
implemented the NOX RACT emission
controls required for Lake and Porter
Counties under section 182(f). Based on
the most recent ozone air quality data
and the absence of these NOX RACT
emission controls, IDEM has requested
exemption from the NOX RACT
requirements under section 182(f)(1)(A).
EPA’s review of the ozone monitoring
data and IDEM’s NOX emission control
exemption request shows that Indiana
has complied with the requirements for
a NOX RACT exemption under section
182(f) of the CAA consistent with
guidelines contained in EPA’s January
14, 2005, guidance document.
Therefore, EPA proposes to determine
that the State of Indiana qualifies for an
exemption from NOX RACT
requirements for Lake and Porter
Counties.
V. Sanctions
If EPA takes final action approving
IDEM’s June 5, 2009, NOX RACT
exemption request, Lake and Porter
Counties would not be subject to the
NOX RACT requirement for the duration
of the emission control exemption.
Based on our proposed determination
that the area has attained the 1997 eighthour ozone NAAQS and our proposed
approval of the NOX RACT waiver
request, in today’s Federal Register we
are separately issuing an interim final
determination that it is more likely than
not that the State has corrected the
deficiency. That action will defer the
imposition of the 2:1 offset sanction that
would take effect on September 24,
2009, and defer the imposition of the
highway funding sanction that would
take effect six months following
imposition of the offset sanction. The
imposition of sanctions will continue to
be deferred if EPA takes final action
determining that the area has attained
the 1997 eight-hour ozone NAAQS and
approves the NOX RACT waiver. The
area will not be permanently relieved of
the possibility of sanctions until such
time as EPA approves a redesignation
request for the area. If, prior to
redesignation of Lake and Porter
Counties to attainment of the 1997
eight-hour ozone NAAQS, the NOX
RACT exemption is revoked due to a
monitored violation of the 1997 eighthour ozone NAAQS anywhere in the
Chicago-Gary-Lake County, IL-IN area or
at the Chiwaukee Prairie monitoring
site, the sanctions clock will restart at
the point it stopped and the imposition
of sanctions will no longer be deferred.
If Lake and Porter Counties are
redesignated to attainment of the 1997
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eight-hour ozone NAAQS through a
final rule by the EPA, the NOX RACT
waiver will become permanent and the
sanctions clock will permanently stop,
and any imposed sanctions resulting
from Indiana’s failure to submit NOX
RACT regulations for Lake and Porter
Counties would no longer apply.
VI. What Are the Environmental Effects
of This Action?
The section 182(f) NOX RACT
exemption is based on a finding that
additional reductions of NOX would not
contribute to attainment of the 1997
eight-hour ozone NAAQS in the
Chicago-Gary-Lake County, IL-IN ozone
nonattainment area. This area has three
consecutive years of ozone levels
attaining the ozone standard even
though Indiana has not adopted and
implemented NOX RACT in Lake and
Porter Counties.
While EPA is proposing to waive the
requirements to control NOX emissions
through NOX RACT in Lake and Porter
Counties on the basis that NOX emission
reductions would not contribute to
attainment of the ozone NAAQS in the
Chicago-Gary-Lake County, IL-IN area,
EPA recognizes that there are other
benefits to controlling NOX emissions.
These benefits include reducing acid
deposition, reducing nitrogen
deposition in sensitive wetlands,
estuaries, and their watersheds, and
mitigating ozone transport to downwind
ozone nonattainment areas. Indiana will
continue to be required to control NOX
emissions from certain NOX sources
under other CAA programs, such as the
Acid Rain program in title IV of the
CAA, for purposes of achieving these
environmental benefits. This proposed
NOX RACT waiver for Lake and Porter
Counties will not affect other existing
and pending NOX emission control
requirements for Lake and Porter
Counties needed to achieve these
environmental benefits.
In addition, EPA notes that an
approval of this waiver request is solely
for purposes of the CAA requirements to
meet the 1997 eight-hour ozone
NAAQS. The waiver would not apply
for purposes of the ozone NAAQS
promulgated in 2008 (March 27, 2008,
73 FR 16435) or for purposes of any
future ozone NAAQS EPA may
promulgate. To the extent section 182(f)
applies in this area for purposes of the
2008 or any future ozone NAAQS, the
State would need to submit a NOX
RACT SIP or would need to demonstrate
that a waiver is appropriate for purposes
of that different ozone NAAQS.
E:\FR\FM\24SEP1.SGM
24SEP1
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Proposed Rules
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
VII. EPA’s Proposed Action
Based on complete, quality-assured
ozone data for 2006–2008, and
considering 2009 ozone data available to
date, EPA is proposing to determine that
the Chicago-Gary-Lake County, IL-IN
ozone nonattainment area is attaining
the 1997 eight-hour ozone standard.
EPA is proposing approval of
Indiana’s request to exempt Lake and
Porter Counties from the section 182(f)
NOX RACT requirement. This proposed
approval is based on EPA’s review of
the evidence provided by Indiana that
the requirements of section 182(f)(1)(A),
as elaborated upon in EPA’s guidance
for section 182(f) exemptions, have been
met for Lake and Porter Counties. In the
future, if EPA determines that a
violation of the 1997 eight-hour ozone
NAAQS has occurred in the ChicagoGary-Lake County, IL-IN area or at the
Chiwaukee Prairie monitoring site in
Kenosha County, Wisconsin while Lake
and Porter Counties are designated as
nonattainment for the 1997 eight-hour
ozone NAAQS, EPA will take action to
revoke the exemption.
Final approval of Indiana’s NOX
RACT exemption request would
continue the deferral of the 2:1 new
source offset sanction and the highway
funding sanction that would have
applied based on the finding of failure
to submit the NOX RACT regulations
issued by the EPA on March 24, 2009.
The deferral would remain in place
contingent upon continued attainment
of the 1997 eight-hour ozone NAAQS in
the Chicago-Gary-Lake County, IL-IN
area. If EPA approves a redesignation
request for the area for the 1997 eighthour ozone NAAQS, the sanctions clock
will permanently stop at that time. If
EPA determines that there is a violation
of the 1997 eight-hour ozone NAAQS
while Lake and Porter Counties remain
designated as nonattainment for the
1997 eight-hour ozone NAAQS, the NOX
RACT waiver will no longer be
applicable as of the effective date of any
such determination by EPA. At that
time, the sanctions will no longer be
deferred and the sanctions clock will
restart at the point at which it stopped.
EPA will provide notice in the Federal
Register of any such waiver revocation
and of the restarting of the sanctions
clock.
VIII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
VerDate Nov<24>2008
15:18 Sep 23, 2009
Jkt 217001
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves State law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
48707
Dated: September 16, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E9–23042 Filed 9–23–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0907281181–91191–01]
RIN 0648–AX93
Fisheries of the Northeastern United
States; Modification to the Gulf of
Maine/Georges Bank Herring Midwater
Trawl Gear Authorization Letter
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; reopening of
comment period.
SUMMARY: NMFS reopens for 6 days the
comment period on the proposed rule to
modify the requirements of the Gulf of
Maine/Georges Bank (GOM/GB) Herring
Midwater Trawl Gear Letter of
Authorization (LOA) for midwater trawl
vessels issued All Areas and/or Areas 2
and 3 Atlantic herring limited access
permits fishing in Northeast (NE)
multispecies Closed Area I (CA I).
DATES: The deadline for written
comments on the September 4, 2009 (74
FR 45798), proposed rule is reopened
through September 27, 2009.
ADDRESSES: You may submit comments,
identified by 0648–AX93, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-rulemaking portal: https://
www.regulations.gov.
• Mail: Paper, disk, or CD-ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA
01930–2276. Mark the outside of the
envelope: ‘‘Modification to GOM/GB
Midwater Trawl LOA.’’
• Fax: (978) 281–9135.
Instructions: All comments received
are part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
E:\FR\FM\24SEP1.SGM
24SEP1
]]>Agencies
[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Proposed Rules]
[Pages 48703-48707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23042]
[[Page 48703]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0512; FRL-8962-1]
Determination of Attainment, Approval and Promulgation of Air
Quality Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to make a determination, under the Clean Air
Act (CAA), that the Chicago-Gary-Lake County, Illinois-Indiana (IL-IN)
ozone nonattainment area has attained the 1997 eight-hour ozone
National Ambient Air Quality Standard (NAAQS). This determination is
based on complete, quality-assured ambient air quality monitoring data
for the period of 2006-2008. Preliminary data for 2009 show that the
area continues to attain the standard. EPA is also proposing to approve
a request from the State of Indiana to exempt sources of Nitrogen
Oxides (NOX) in Lake and Porter Counties from CAA
requirements for Reasonably Available Control Technology (RACT). The
State's NOX RACT waiver request is based on the most recent
three years of complete, quality-assured ozone monitoring data, which
demonstrate that additional reduction of NOX emissions would
not contribute to attainment of the 1997 eight-hour ozone NAAQS in the
Chicago-Gary-Lake County, IL-IN area. This action proposes to approve
the State's request for a waiver from the NOX RACT
requirements for Lake and Porter Counties under the CAA. In the Final
Rules section of this Federal Register, EPA is deferring the imposition
of sanctions for the State's failure to submit required NOX
RACT regulations based on this proposed attainment determination while
we complete action on the proposed NOX RACT waiver. This
deferral of sanctions will continue unless EPA determines that the area
is no longer attaining the 1997 eight-hour ozone NAAQS. However, if EPA
proposes and takes final action in the future to redesignate the area
to attainment, such action will permanently stop the sanctions clock.
DATES: Comments must be received on or before October 26, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0512, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 692-2551.
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, 18th Floor, Chicago, Illinois 60604.
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 official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0512. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or e-mail. The https://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 https://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, any form of encryption, and be free of
any defects and viruses. For additional instructions on submitting
comments, go to section I of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket are listed in the https://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 hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the U.S. 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 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.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What Should I Consider as I Prepare My Comments for EPA?
II. What Is the Background for This Action?
III. State Petition
IV. EPA Analysis of the Petition
A. Has the Chicago-Gary-Lake County, IL-IN Area Attained the
1997 Eight-Hour Ozone NAAQS?
B. EPA Analysis of the State's NOX RACT Waiver
Petition
V. Sanctions
VI. What Are the Environmental Effects of This Action?
VII. EPA's Proposed Action
VIII. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
[[Page 48704]]
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified in the proposed rule.
II. What Is the Background for This Action?
EPA has determined that ground-level ozone (O3) is
detrimental to human health. On July 18, 1997 (62 FR 38856), EPA
promulgated an eight-hour ozone NAAQS of 0.08 parts per million parts
of air (0.08 ppm). This standard is violated in an area when any ozone
monitor in the area (or in its downwind environs) records eight-hour
ozone concentrations with a three-year average of the annual fourth-
highest daily maximum eight-hour ozone concentrations equaling or
exceeding 85 parts per billion parts of air (ppb).
Section 107 of the CAA required EPA to designate as nonattainment
any area that violated the 1997 eight-hour ozone standard. The Federal
Register notice promulgating the eight-hour ozone designations and
classifications was published on April 30, 2004 (69 FR 23857). In that
EPA rulemaking, the Chicago-Gary-Lake County, IL-IN area, which
contains Lake and Porter Counties, Indiana, was designated as a
nonattainment area for the 1997 eight-hour ozone standard, and the
designation became effective on June 15, 2004.
Ground-level ozone is not generally emitted directly by sources.
Rather, emitted NOX and Volatile Organic Compounds (VOC)
react in the presence of sunlight to form ground-level ozone as a
secondary compound, along with other secondary compounds.
NOX and VOC are referred to as ``ozone precursors.''
Reduction of peak ground-level ozone concentrations is achieved through
controlling VOC and NOX emissions.
The CAA, title 1, part D contains two sets of provisions--subparts
1 and 2--that address planning and emission control requirements for
ozone nonattainment areas. Subpart 1 contains general, less
prescriptive requirements for all nonattainment areas of any pollutant
governed by a NAAQS. Subpart 2 contains more specific requirements for
certain ozone nonattainment areas and applies to ozone nonattainment
areas classified under section 181 of the CAA. The Chicago-Gary-Lake
County, IL-IN area is classified as a moderate nonattainment area for
the 1997 eight-hour ozone standard.
The subpart 2 ozone plan requirements under the CAA with respect to
control of VOC and NOX emissions depend on the ozone
nonattainment classification of an area. The air quality planning
requirements for the reduction of NOX emissions are set
forth in section 182(f) of the CAA. Section 182(f) requires States with
areas designated nonattainment for ozone and classified as moderate and
above to adopt and implement the same level of NOX emission
controls for major stationary sources as apply to major stationary
sources of VOC emissions. Section 182(f) also provides that these
NOX emission reduction requirements do not apply to an area
outside of an ozone transport region if EPA determines that additional
reductions of NOX emissions would not contribute to
attainment of the ozone standard in the area. Section 182(f)(1)(A). In
areas where the ozone standard is attained, as demonstrated by
complete, quality-assured air quality data, without the implementation
of the additional section 182(f) NOX emission controls, it
is clear that the additional NOX emission reductions
required by section 182(f) did not contribute to attainment of the
ozone standard.
On March 17, 2008, EPA notified Thomas W. Easterly, Commissioner,
Indiana Department of Environmental Management (IDEM), that EPA had
determined that the State of Indiana had failed to submit a
NOX RACT State Implementation Plan (SIP) revision for Lake
and Porter Counties (the Indiana portion of the Chicago-Gary-Lake
County, IL-IN ozone nonattainment area for the 1997 eight-hour ozone
standard). EPA formalized this finding in the Federal Register on March
24, 2008 (73 FR 15416), and that action commenced the sanctions process
outlined by section 179 of the CAA and 40 CFR 52.31. See 59 FR 39832,
August 4, 1994. Under this process, the new source two-to-one (2:1)
emissions offset sanction would take effect in Lake and Porter Counties
on September 24, 2009. The sanctions clock would run and any imposed
sanctions would remain in effect until either a NOX RACT SIP
revision is submitted to EPA by the State of Indiana and is
affirmatively determined complete by EPA or a NOX control
exemption (waiver) under section 182(f) is granted by EPA. In the Final
Rules section of today's Federal Register, EPA has published an interim
final rule to defer sanctions for Lake and Porter Counties based on our
proposed determination that the Counties are attaining the 1997 eight-
hour ozone NAAQS and that the NOX RACT waiver request is
approvable.
The criteria established for determining the applicability of
section 182(f) NOX emission controls and the evaluation of
section 182(f) NOX emission control waiver requests are set
forth in a January 14, 2005, EPA policy memorandum, ``Guidance on
Limiting Nitrogen Oxides (NOX) Requirements Related to 8-
Hour Ozone Implementation,'' from Stephen D. Page, Director, Office of
Air Quality Planning and Standards.
III. State Petition
On June 5, 2009, IDEM submitted a request for the redesignation of
Lake and Porter Counties to attainment of the 1997 eight-hour ozone
standard. As part of this ozone redesignation request, IDEM also
requested an exemption from NOX RACT requirements for Lake
and Porter Counties under section 182(f) of the CAA based on the
monitoring of ozone, which showed attainment of the 1997 eight-hour
ozone standard in the Chicago-Gary-Lake County, IL-IN ozone
nonattainment area and at the Chiwaukee Prairie monitoring site in
Kenosha County, Wisconsin monitoring site.\1\ The NOX
exemption request is based on ozone air quality monitoring data for the
period of 2006-2008, which demonstrate that the 1997 eight-hour ozone
NAAQS has been attained in the area without additional reductions of
NOX emissions.
---------------------------------------------------------------------------
\1\ Although the Chiwaukee Prairie monitoring site is outside of
the Chicago-Gary-Lake County, IL-IN ozone nonattainment area, it is
very near the Illinois-Wisconsin border and is considered to be a
peak ozone impact site for VOC and NOX emissions
originating in the Chicago-Gary-Lake County, IL-IN ozone
nonattainment area. The fact that the Chiwaukee Prairie ozone
monitoring site is the ozone design value site for the Chicago-Gary-
Lake County, IL-IN eight-hour ozone nonattainment area is documented
in an enclosure to a December 3, 2003 letter from Thomas V. Skinner,
Regional Administrator, Region 5, U.S. Environmental Protection
Agency to Honorable Rod R. Blagojevich, Governor, State of Illinois.
---------------------------------------------------------------------------
IV. EPA Analysis of the Petition
A. Has the Chicago-Gary-Lake County, IL-IN Area Attained the 1997
Eight-Hour Ozone NAAQS?
An area may be considered to be attaining the 1997 eight-hour ozone
standard if there are no violations of the standard, as determined in
accordance with 40 CFR 50.10 and appendix I, based on the most recent
three complete, consecutive calendar years of quality-assured air
quality monitoring data at all ozone monitoring sites in the area and
in its nearby downwind environs. To attain this standard, the average
of the annual fourth-high daily
[[Page 48705]]
maximum eight-hour average ozone concentrations measured and recorded
at each monitoring site (the monitoring site's ozone 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 eight-hour ozone standard is attained if the area's
ozone design value \2\ is 0.084 ppm or less. The data must be collected
and quality-assured in accordance with 40 CFR 58, and must be recorded
in EPA's Air Quality System (AQS). The ozone monitors generally should
have remained at the same locations for the duration of the monitoring
period required to demonstrate attainment (for three years or more).
The data supporting attainment of the standard must be complete in
accordance with 40 CFR 50, appendix I.
---------------------------------------------------------------------------
\2\ The worst-case monitoring site-specific ozone design value
in the area and in its downwind environs.
---------------------------------------------------------------------------
As part of the June 5, 2009, ozone redesignation request, IDEM
summarized the annual fourth-high eight-hour ozone concentrations and
the three-year eight-hour ozone design values for the period of 2003-
2008 for all ozone monitoring sites in Lake and Porter Counties and in
the Chicago-Gary-Lake County, IL-IN ozone nonattainment area. This
summary also includes ozone concentration data for the Chiwaukee
Prairie monitoring site in Wisconsin. IDEM notes that the 2006-2008
ozone design values for all monitoring sites are below the 0.084 ppm
ozone attainment level. We have reviewed the data and agree that the
ozone monitoring data for the monitoring sites in the nonattainment
area and for the Chiwaukee Prairie, Wisconsin monitoring site show
attainment of the 1997 eight-hour ozone standard. The worst-case 2006-
2008 ozone design \3\ for the Chicago-Gary-Lake County, IL-IN area is
found at the Chiwaukee Prairie monitoring site, with a value of 0.078
ppm, below the 0.08 ppm eight-hour ozone standard level. See Table 1
below.
---------------------------------------------------------------------------
\3\ For an individual ozone monitoring site, the ozone design
value is the three-year average of the annual fourth-highest daily
maximum eight-hour ozone concentrations. For any given area, the
area's ozone design value is the worst-case site-specific ozone
design value for all ozone monitoring sites in the area.
---------------------------------------------------------------------------
Table 1 summarizes the annual fourth-high daily maximum eight-hour
ozone concentrations and three-year (2006-2008) averages of the annual
fourth-high daily maximum eight-hour ozone concentrations for all ozone
monitoring sites in the Chicago-Gary-Lake County, IL-IN area and for
the Chiwaukee Prairie monitoring site. The 2006-2008 monitoring data
cover the most recent three years of quality assured ozone monitoring
data for this area. These representative peak ozone concentrations are
based on 2006-2008 ozone data that have been quality assured and
certified by the States of Indiana, Illinois, and Wisconsin.
Table 1--Annual Fourth-High Daily Maximum Eight-Hour Ozone Concentrations in Parts per Million (ppm) and Three-
Year Averages
----------------------------------------------------------------------------------------------------------------
Three-year
Monitoring site 2006 2007 2008 average
----------------------------------------------------------------------------------------------------------------
Indiana Monitoring Sites
----------------------------------------------------------------------------------------------------------------
Gary............................................ 0.073 0.085 0.062 0.073
Hammond......................................... 0.075 0.077 0.068 0.073
Ogden Dunes..................................... 0.070 0.084 0.069 0.074
Valparaiso...................................... 0.071 0.080 0.061 0.070
Whiting......................................... 0.081 0.088 0.062 0.077
----------------------------------------------------------------------------------------------------------------
Illinois Monitoring Sites
----------------------------------------------------------------------------------------------------------------
Alsip........................................... 0.078 0.085 0.066 0.076
Chicago-Cheltenham.............................. 0.075 0.082 0.066 0.074
Chicago-Adams................................... 0.073 0.084 0.058 0.071
Chicago-Ellis Avenue............................ 0.070 0.079 0.063 0.070
Chicago-Ohio Street............................. 0.065 0.075 0.063 0.067
Chicago-Lawndale................................ 0.075 0.080 0.066 0.074
Chicago-Hurlbut Street.......................... 0.077 0.079 0.063 0.073
Lemont.......................................... 0.070 0.085 0.071 0.075
Cicero.......................................... 0.060 0.068 0.060 0.062
Northbrook...................................... 0.068 0.076 0.063 0.069
Evanston........................................ 0.072 0.080 0.058 0.070
Lisle........................................... 0.062 0.072 0.057 0.063
Elgin........................................... 0.062 0.075 0.061 0.066
Waukegan........................................ 0.071 0.081 0.061 0.071
Illinois Beach State Park....................... 0.068 0.080 0.067 0.071
Cary............................................ 0.057 0.074 0.063 0.064
Essex Road...................................... 0.068 0.071 0.057 0.065
----------------------------------------------------------------------------------------------------------------
Wisconsin Monitoring Site
----------------------------------------------------------------------------------------------------------------
Chiwaukee Prairie............................... 0.079 0.085 0.069 0.078
----------------------------------------------------------------------------------------------------------------
Review of the 2006-2008 ozone concentrations and ozone design
values summarized in Table 1 shows that all of the ozone monitoring
sites for the Chicago-Gary-Lake County, IL-IN area, plus the Chiwaukee
Prairie monitoring site in Wisconsin, were attaining the 1997 eight-
hour ozone standard during this period. Therefore, based on the most
recent three years of quality assured ozone monitoring data, the 1997
eight-hour ozone standard has been
[[Page 48706]]
attained in this area. Preliminary data for 2009 \4\ indicate that the
area continues to attain the standard. Based on these ozone monitoring
data, EPA is proposing here to determine that the Chicago-Gary-Lake
County, IL-IN ozone nonattainment area has attained the 1997 eight-hour
ozone standard.
---------------------------------------------------------------------------
\4\ Quality-assured ozone data for 2009 are generally only
available through June in EPA's Air Quality System for Illinois,
Indiana, and Wisconsin, providing an incomplete picture of the peak
ozone concentrations for all high ozone months in 2009. Nonetheless,
these data, coupled with draft data used to support ozone action
alerts, indicate that no violations of the 1997 eight-hour ozone
NAAQS have been monitored to date in this area in 2009.
---------------------------------------------------------------------------
B. EPA Analysis of the State's NOX RACT Waiver Petition
EPA's 2005 guidance document, ``Guidance on Limiting Nitrogen
Oxides (NOx) Requirements Related to 8-Hour Ozone Implementation,''
sets forth the criteria for demonstrating that further NOX
emission reductions in an ozone nonattainment area will not contribute
to ozone attainment. The guidance provides that three consecutive years
of monitoring data documenting ozone levels attaining the ozone NAAQS
in areas in which a State has not implemented certain NOX
emission controls (see discussion below) is adequate to demonstrate
that the additional NOX emission reductions will not aid in
achieving attainment of the ozone NAAQS. As described in the guidance
document, approval of the NOX emission control exemption is
granted by EPA on a contingent basis. The NOX emission
control exemption continues only as long as the State(s) continues to
monitor attainment of the ozone NAAQS. If, prior to redesignation of
the area to attainment of the ozone NAAQS, the area violates the 1997
eight-hour ozone NAAQS, as defined at 40 CFR 50.10 and appendix I, EPA
will undertake rulemaking to withdraw the NOX RACT emission
control exemption for the area. Upon issuance of a final action
withdrawing the NOX RACT emission control exemption, the
area would once again be subject to the NOX emission control
requirements under section 182(f) of the CAA.
As noted above, IDEM documented the annual fourth-highest daily
maximum eight-hour ozone concentrations during the period of 2006-2008
for all ozone monitors in the Chicago-Gary-Lake County, IL-IN ozone
nonattainment area and for the Chiwaukee Prairie monitoring site in
Kenosha County, Wisconsin in the June 5, 2009, submittal. These data
demonstrate that the 1997 eight-hour ozone NAAQS has been attained in
the Chicago-Gary-Lake County, IL-IN ozone nonattainment area.
Indiana has not adopted or implemented the NOX RACT
emission controls required for Lake and Porter Counties under section
182(f). Based on the most recent ozone air quality data and the absence
of these NOX RACT emission controls, IDEM has requested
exemption from the NOX RACT requirements under section
182(f)(1)(A).
EPA's review of the ozone monitoring data and IDEM's NOX
emission control exemption request shows that Indiana has complied with
the requirements for a NOX RACT exemption under section
182(f) of the CAA consistent with guidelines contained in EPA's January
14, 2005, guidance document. Therefore, EPA proposes to determine that
the State of Indiana qualifies for an exemption from NOX
RACT requirements for Lake and Porter Counties.
V. Sanctions
If EPA takes final action approving IDEM's June 5, 2009,
NOX RACT exemption request, Lake and Porter Counties would
not be subject to the NOX RACT requirement for the duration
of the emission control exemption. Based on our proposed determination
that the area has attained the 1997 eight-hour ozone NAAQS and our
proposed approval of the NOX RACT waiver request, in today's
Federal Register we are separately issuing an interim final
determination that it is more likely than not that the State has
corrected the deficiency. That action will defer the imposition of the
2:1 offset sanction that would take effect on September 24, 2009, and
defer the imposition of the highway funding sanction that would take
effect six months following imposition of the offset sanction. The
imposition of sanctions will continue to be deferred if EPA takes final
action determining that the area has attained the 1997 eight-hour ozone
NAAQS and approves the NOX RACT waiver. The area will not be
permanently relieved of the possibility of sanctions until such time as
EPA approves a redesignation request for the area. If, prior to
redesignation of Lake and Porter Counties to attainment of the 1997
eight-hour ozone NAAQS, the NOX RACT exemption is revoked
due to a monitored violation of the 1997 eight-hour ozone NAAQS
anywhere in the Chicago-Gary-Lake County, IL-IN area or at the
Chiwaukee Prairie monitoring site, the sanctions clock will restart at
the point it stopped and the imposition of sanctions will no longer be
deferred. If Lake and Porter Counties are redesignated to attainment of
the 1997 eight-hour ozone NAAQS through a final rule by the EPA, the
NOX RACT waiver will become permanent and the sanctions
clock will permanently stop, and any imposed sanctions resulting from
Indiana's failure to submit NOX RACT regulations for Lake
and Porter Counties would no longer apply.
VI. What Are the Environmental Effects of This Action?
The section 182(f) NOX RACT exemption is based on a
finding that additional reductions of NOX would not
contribute to attainment of the 1997 eight-hour ozone NAAQS in the
Chicago-Gary-Lake County, IL-IN ozone nonattainment area. This area has
three consecutive years of ozone levels attaining the ozone standard
even though Indiana has not adopted and implemented NOX RACT
in Lake and Porter Counties.
While EPA is proposing to waive the requirements to control
NOX emissions through NOX RACT in Lake and Porter
Counties on the basis that NOX emission reductions would not
contribute to attainment of the ozone NAAQS in the Chicago-Gary-Lake
County, IL-IN area, EPA recognizes that there are other benefits to
controlling NOX emissions. These benefits include reducing
acid deposition, reducing nitrogen deposition in sensitive wetlands,
estuaries, and their watersheds, and mitigating ozone transport to
downwind ozone nonattainment areas. Indiana will continue to be
required to control NOX emissions from certain
NOX sources under other CAA programs, such as the Acid Rain
program in title IV of the CAA, for purposes of achieving these
environmental benefits. This proposed NOX RACT waiver for
Lake and Porter Counties will not affect other existing and pending
NOX emission control requirements for Lake and Porter
Counties needed to achieve these environmental benefits.
In addition, EPA notes that an approval of this waiver request is
solely for purposes of the CAA requirements to meet the 1997 eight-hour
ozone NAAQS. The waiver would not apply for purposes of the ozone NAAQS
promulgated in 2008 (March 27, 2008, 73 FR 16435) or for purposes of
any future ozone NAAQS EPA may promulgate. To the extent section 182(f)
applies in this area for purposes of the 2008 or any future ozone
NAAQS, the State would need to submit a NOX RACT SIP or
would need to demonstrate that a waiver is appropriate for purposes of
that different ozone NAAQS.
[[Page 48707]]
VII. EPA's Proposed Action
Based on complete, quality-assured ozone data for 2006-2008, and
considering 2009 ozone data available to date, EPA is proposing to
determine that the Chicago-Gary-Lake County, IL-IN ozone nonattainment
area is attaining the 1997 eight-hour ozone standard.
EPA is proposing approval of Indiana's request to exempt Lake and
Porter Counties from the section 182(f) NOX RACT
requirement. This proposed approval is based on EPA's review of the
evidence provided by Indiana that the requirements of section
182(f)(1)(A), as elaborated upon in EPA's guidance for section 182(f)
exemptions, have been met for Lake and Porter Counties. In the future,
if EPA determines that a violation of the 1997 eight-hour ozone NAAQS
has occurred in the Chicago-Gary-Lake County, IL-IN area or at the
Chiwaukee Prairie monitoring site in Kenosha County, Wisconsin while
Lake and Porter Counties are designated as nonattainment for the 1997
eight-hour ozone NAAQS, EPA will take action to revoke the exemption.
Final approval of Indiana's NOX RACT exemption request
would continue the deferral of the 2:1 new source offset sanction and
the highway funding sanction that would have applied based on the
finding of failure to submit the NOX RACT regulations issued
by the EPA on March 24, 2009. The deferral would remain in place
contingent upon continued attainment of the 1997 eight-hour ozone NAAQS
in the Chicago-Gary-Lake County, IL-IN area. If EPA approves a
redesignation request for the area for the 1997 eight-hour ozone NAAQS,
the sanctions clock will permanently stop at that time. If EPA
determines that there is a violation of the 1997 eight-hour ozone NAAQS
while Lake and Porter Counties remain designated as nonattainment for
the 1997 eight-hour ozone NAAQS, the NOX RACT waiver will no
longer be applicable as of the effective date of any such determination
by EPA. At that time, the sanctions will no longer be deferred and the
sanctions clock will restart at the point at which it stopped. EPA will
provide notice in the Federal Register of any such waiver revocation
and of the restarting of the sanctions clock.
VIII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: September 16, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E9-23042 Filed 9-23-09; 8:45 am]
BILLING CODE 6560-50-P
