Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Lake and Porter Counties to Attainment for Ozone, 26113-26118 [2010-11009]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Rules and Regulations]
[Pages 26113-26118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11009]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2009-0512; FRL-9147-2]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Indiana; Redesignation of 
Lake and Porter Counties to Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking several related actions affecting Lake and 
Porter Counties and the State of Indiana for the 1997 8-hour ozone 
National Ambient Air Quality Standard (NAAQS or standard). EPA is 
approving a request from the State of Indiana to redesignate Lake and 
Porter Counties, the Indiana portion of the Chicago-Gary-Lake County, 
Illinois-Indiana (IL-IN) 8-hour ozone nonattainment area, to attainment 
of the 1997 8-hour ozone NAAQS. In addition, EPA is approving, as a 
revision to the Indiana State Implementation Plan (SIP), the State's 
plan for maintaining the 1997 8-hour ozone NAAQS through 2020 in Lake 
and Porter Counties and in the Chicago-Gary-Lake County, IL-IN ozone 
nonattainment area. EPA is also approving the 2002 Volatile Organic 
Compounds (VOC) and Nitrogen Oxides (NOX) emission 
inventories for Lake and Porter Counties as a SIP revision and as 
meeting the requirements of the Clean Air Act (CAA). Finally, EPA finds 
adequate and is approving the State's 2010 and 2020 VOC and 
NOX Motor Vehicle Emission Budgets (MVEBs) for Lake and 
Porter Counties.

DATES: This final rule is effective May 11, 2010.

ADDRESSES: EPA has established a docket for this action: Docket ID No. 
EPA-R05-OAR-2009-0512. All documents in the docket are listed on the 
https://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 in https://www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77

[[Page 26114]]

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: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

Table of Contents

    I. What is the background for this rule?
    II. What comments did we receive on the proposed rule?
    III. What actions is EPA taking?
    IV. Statutory and Executive Order Reviews

I. What is the background for this rule?

    On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone 
standard of 0.08 parts per million (ppm). EPA published a final rule 
designating and classifying areas under the 1997 8-hour ozone NAAQS on 
April 30, 2004 (69 FR 23857). In that rulemaking, Lake and Porter 
Counties in Indiana were designated as nonattainment as part of the 
Chicago-Gary-Lake County, IL-IN 8-hour ozone nonattainment area. The 
Chicago-Gary-Lake County, IL-IN area was classified as a moderate 
nonattainment area for the 1997 8-hour ozone standard under subpart 2 
of the CAA.
    On June 5, 2009, the Indiana Department of Environmental Management 
(IDEM) requested redesignation of Lake and Porter Counties to 
attainment of the 1997 8-hour ozone NAAQS based on ozone data for the 
period 2006-2008.\1\ This redesignation request was supplemented by 
IDEM on July 20, 2009, to demonstrate that attainment of the 1997 8-
hour ozone NAAQS could be maintained in the Chicago-Gary-Lake County, 
IL-IN area through 2020 without emission reductions resulting from 
implementation of EPA's Clean Air Interstate Rule (CAIR).
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    \1\ The area continues to attain the 1997 8-hour ozone standard 
based on quality assured ozone data for 2009. See March 12, 2010, 
proposed rule (75 FR 12094).
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    On March 12, 2010, EPA issued a final rulemaking determining that 
that the entire Chicago-Gary-Lake County, IL-IN area had attained the 
1997 8-hour ozone NAAQS based on three years of complete, quality-
assured ozone data for the period of 2006-2008, and continuing through 
2009. 75 FR 12088. In that rulemaking, based on its determination of 
attainment, EPA also approved Indiana's request for a waiver under CAA 
section 182(f) from CAA provisions requiring NOX Reasonably 
Available Control Technology (RACT) in Lake and Porter Counties.
    Also on March 12, 2010, EPA issued a notice of rulemaking proposing 
to approve Indiana's request to redesignate the Indiana portion of the 
Chicago-Gary-Lake County, IL-IN) 1997 8-hour ozone nonattainment area, 
as well as proposing approval of a ten-year maintenance plan for the 
area, VOC and NOX MVEB's, and VOC and NOX 
emissions inventories. 75 FR 12090. This proposed rulemaking sets forth 
the basis for determining that Indiana's redesignation request meets 
the CAA requirements for redesignation for the 1997 8-hour ozone NAAQS. 
Air quality monitoring data in the Chicago-Gary-Lake County, IL-IN area 
for 2006-2009 show that this area is currently attaining the 1997 8-
hour ozone NAAQS.
    The primary background for today's actions is contained in EPA's 
March 12, 2010 proposal to approve Indiana's redesignation request, and 
in EPA's March 12, 2010 final rulemaking determining that the area has 
attained the 1997 8-hour ozone standard. In these rulemakings, we noted 
that, under EPA regulations at 40 CFR 50.10 and 40 CFR part 50, 
appendix I, the 1997 8-hour ozone standard is attained 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 ppm at all ozone 
monitoring sites in an area. See 69 FR 23857 (April 30, 2004) for 
further information. To support the redesignation of the area to 
attainment of the NAAQS, the ozone data must be complete for the three 
attainment years. The data completeness requirement is met when the 
three-year average of days with valid ambient monitoring data is 
greater than 90 percent, and no single year has less than 75 percent 
data completeness, as determined in accordance with appendix I of 40 
CFR part 50. Under the CAA, EPA may redesignate a nonattainment area to 
attainment if sufficient, complete, quality-assured data are available 
demonstrating that the area has attained the standard and if the State 
meets the other CAA redesignation requirements specified in section 
107(d)(E) and section 175A.
    The March 12, 2010, proposed redesignation rulemaking provides a 
detailed discussion of how Indiana's ozone redesignation request meets 
the CAA requirements for redesignation of the Indiana portion of the 
Chicago-Gary-Lake County, IL-IN area. With the final approval of its 
VOC and NOX emissions inventories, Indiana has met all CAA 
requirements for redesignation to attainment for 1997 8-hour ozone. Air 
quality monitoring data in the Chicago-Gary-Lake County, IL-IN area for 
2006-2009 show that this area is currently attaining the 1997 8-hour 
ozone NAAQS. Indiana has demonstrated that attainment of 1997 8-hour 
ozone NAAQS will be maintained in Lake and Porter Counties and in the 
Chicago-Gary-Lake County, IL-IN area through 2020 with or without the 
implementation of CAIR. Finally, Indiana has adopted 2010 and 2020 VOC 
and NOX MVEBs that are supported by Indiana's ozone 
maintenance demonstration and adopted ozone maintenance plan.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period. The comment period 
closed on April 12, 2010. During the comment period, we received 
comments from three individuals. These comments are summarized and 
addressed below.

Comment 1

    A commenter recommends that, since the 1997 8-hour ozone standard 
has been met in Lake and Porter Counties, the vehicle emissions testing 
should be stopped in these Counties and the State should use the cost 
savings to address other issues in the State.
    Another commenter requests that EPA stop vehicle emissions testing 
in the area so as not to ``continue to penalize'' the citizens of 
Northwest Indiana. The commenter contends that, since air quality has 
improved and ``times are hard for the people in the area'' the 
emissions testing of vehicles should be halted. This commenter believes 
that emissions must be coming primarily from companies and factories, 
and contends that it is time for corporations to pay for their 
pollution.

Response 1

    These commenters have not directly addressed any portion of EPA's 
proposed actions. The March 12, 2010, proposed rule proposes no action 
with regard to Indiana's vehicle Inspection/Maintenance (I/M) program 
(the vehicle emissions testing program) in Lake and

[[Page 26115]]

Porter Counties. Nonetheless, we note that EPA based its approval of 
the redesignation request in part on the existence of an EPA-approved 
I/M program in the Indiana SIP for Lake and Porter Counties. Since Lake 
and Porter Counties are part of the Chicago-Gary-Lake County, IL-IN 
area, which is classified as moderate nonattainment for the 1997 8-hour 
ozone standard, section 182(b)(4) of the CAA requires Indiana's SIP to 
provide for vehicle I/M in Lake and Porter Counties. For EPA to approve 
a State's redesignation request, Section 107(d)(3)(E)(ii) and (v) of 
the CAA requires EPA to determine that EPA has fully approved the State 
SIP for all requirements under section 110 and part D (including 
section 182(b)(4)) that are applicable for purposes of redesignation. 
EPA thus could not approve Indiana's redesignation request for Lake and 
Porter Counties, without an I/M SIP provision.
    The State of Indiana has relied, in part, on the VOC and 
NOX emission reductions resulting from the implementation of 
I/M in Lake and Porter Counties to attain the ozone standard in this 
area. In addition, Indiana's ozone maintenance plan and maintenance 
demonstration for Lake and Porter Counties include, and, in part, 
depend on future VOC and NOX emission reductions resulting 
from the continued implementation of the I/M program in Lake and Porter 
Counties. Thus, EPA could not approve either the attainment or 
maintenance demonstrations without continued operation of the I/M 
program or some other control measure that would produce similar 
emissions reductions.
    The State of Indiana has not requested EPA to approve a revision to 
its SIP to remove the I/M program, nor could EPA approve such a 
revision without an adequate demonstration that such a revision would 
not interfere with continued maintenance of the 1997 8-hour ozone 
standard or with attainment of other applicable air quality 
requirements pursuant to section 110(l) of the CAA. The requirements 
for I/M in Lake and Porter Counties remain in place in the Indiana 
ozone SIP, and there is no basis in this rulemaking to remove I/M as an 
emission reduction program in these Counties.
    With regard to requiring companies and industries to control their 
emissions, the March 12, 2010, proposed rule (75 FR 12095-12097) makes 
it clear that Indiana has met all stationary source control 
requirements for Lake and Porter Counties that are applicable for 
purposes of redesignation under the CAA. The State has adopted all CAA-
required VOC RACT requirements and New Source Review (NSR) requirements 
for Lake and Porter Counties, and the subject stationary sources 
(companies and industries) in Lake and Porter have implemented these 
required VOC emission reductions. In addition, on October 27, 1998 (63 
FR 57356), EPA issued a NOX SIP Call requiring the District 
of Columbia and 22 States to reduce emissions of NOX in 
order to reduce the transport of ozone and ozone precursors. In 
compliance with EPA's NOX SIP Call, IDEM developed rules 
governing the control of NOX emissions from Electric 
Generating Units (EGUs), major non-EGU industrial boilers, turbines, 
major cement kilns, and internal combustion engines. EPA approved 
Indiana's rules as fulfilling requirements of Phase I of the 
NOX SIP Call on November 8, 2001 (66 FR 56465) and December 
11, 2003 (68 FR 69025), and of Phase II of the NOX SIP Call 
on October 1, 2007 (72 FR 55664).

Comment 2

    A commenter, apparently in response to EPA's March 12, 2010 (75 FR 
12088), final rulemaking approving a NOX RACT waiver for 
Lake and Porter Counties, asks why EPA is waiving the ``CAA requirement 
of at least RACT-level emissions control for the State of Indiana.'' 
The commenter asserts that there are numerous coal-fired power plants, 
and other major pollution sources ``just south of Illinois,'' and 
contends, based on the findings from the Respiratory Health Association 
of Metropolitan Chicago, that ``Indiana pollution sources contribute 
significantly to the smog that is visible on the horizon from anywhere 
in Chicago on summer days, despite EPA's finding that the Chicago area 
has attained the 1997 8-hour ozone standard.'' The commenter, 
referencing an EPA Web site (https://www.epa.gov/dfe/pubs/pwb/tech_rep/fedregs/regsecta.htm), claims that the ``Chicago, IL-IN-WI'' area is a 
``severe'' ozone nonattainment area.

Response 2

    First, EPA notes that the only waiver that EPA has granted, after 
notice-and-comment rulemaking that concluded on March 12, 2010, is 
based on CAA section 182(f)(1)(A) concerning NOX RACT. 75 FR 
12088. EPA received no comments on that rulemaking, which has been 
finalized, and is not a part of the March 12, 2010, proposed 
redesignation rule (75 FR 12090), which is the subject of this final 
rule. The grounds for that rulemaking were fully set forth in the 
notices that address it, and comments concerning it are not timely or 
germane to this rulemaking. Similarly, on March 12, 2010, EPA issued a 
determination that the entire Chicago-Gary-Lake County, IL-IN 8-hour 
ozone nonattainment area has attained the 1997 8-hour ozone standard, 
and reiterates in this rulemaking that the most recent three years of 
complete, quality-assured monitoring data establish that the area is 
attaining the standard. Since the area is already attaining the 1997 8-
hour ozone NAAQS, imposition of additional NOX RACT controls 
will not contribute to attainment. 74 FR 48706 (September 24, 2009). 
Moreover, sources of pollution in Indiana that contribute significantly 
to air quality in the Chicago-Gary-Lake County, IL-IN area are 
controlled by provisions of the Indiana SIP and by the NOX 
SIP call, as well as by other Federal regulations. See the discussion 
in EPA's notice of proposed rulemaking. All subject sources in Lake and 
Porter Counties are required to meet applicable RACT requirements for 
VOC. With regard to the commenter's assertion that the ``Chicago, IL-
IN-WI'' area is classified as a severe ozone nonattainment area, we 
note that this classification applied to the area's status under the 
prior 1-hour ozone standard. On June 15, 2005, EPA revoked the 1-hour 
ozone standard. 70 FR 44470. As noted above, the Chicago-Gary-Lake 
County, IL-IN area was classified as a moderate nonattainment area 
under the current 1997 8-hour ozone standard, which is the ozone 
standard addressed in this final rule. Moreover, in its proposed 
redesignation notice, EPA concluded, after a detailed discussion, that 
Indiana had met all applicable 1-hour ozone anti-backsliding 
requirements for the area's prior severe classification that applied 
for purposes of redesignation for the 1997 8-hour ozone standard.

Comment 3

    A commenter is concerned that redesignating Lake and Porter 
Counties to attainment of the 1997 8-hour ozone standard will loosen 
new source review requirements for subject sources from Lowest 
Achievable Emission Rate (LAER) (required in ozone nonattainment areas) 
to Best Available Control Technology (BACT) (required in ozone 
attainment areas).

Response 3

    The commenter is correct that major new source requirements in Lake 
and Porter Counties will change from LAER to BACT after the 
redesignation of Lake and Porter Counties to attainment of the 1997 8-
hour ozone standard becomes effective. This, however, does not mean

[[Page 26116]]

that this change in new source emission controls will cause new ozone 
standard violations, or otherwise interfere with the maintenance of the 
1997 8-hour ozone standard in Lake and Porter Counties and in the 
Chicago-Gary-Lake County, IL-IN area. New sources will be subject to 
the Prevention of Significant Deterioration (PSD) program but existing 
sources that underwent nonattainment NSR must continue to comply with 
their permits and operate their control equipment.
    IDEM noted in its June 5, 2009, ozone redesignation request that 
the PSD requirements for the implementation of BACT at applicable new 
sources would replace the new source review requirements for LAER upon 
the redesignation of Lake and Porter Counties to attainment of the 1997 
8-hour ozone standard. The substitution of PSD for nonattainment NSR 
was shown by the State, in its ozone maintenance plan, not to interfere 
with maintenance of the 1997 8-hour ozone standard in Lake and Porter 
Counties and in the Chicago-Gary-Lake County, IL-IN area as a whole. 
IDEM factored in projected new source emissions growth under the PSD 
program as part of the State's ozone maintenance demonstration. Through 
this ozone maintenance demonstration, new source growth was shown to 
not cause future ozone standard violations. Therefore, we do not 
believe that conversion from LAER requirements to BACT requirements for 
applicable new sources in Lake and Porter Counties will interfere with 
the maintenance of the 1997 8-hour ozone standard in the Chicago-Gary-
Lake County, IL-IN area. As always, contingency measures that are 
contained in the maintenance plan exist to correct any unanticipated 
future violations that may occur for any reason.

Comment 4

    A commenter contends that loosening regulations via waivers and 
redesignation will lead to increases in ozone, augment risks of lung 
disease and affect asthma sufferers.

Response 4

    As discussed above and in the March 12, 2010, proposed rule (75 FR 
12104-12109), IDEM has demonstrated that the area is attaining the 1997 
8-hour ozone NAAQS, and that VOC and NOX emissions in Lake 
and Porter Counties will remain below the attainment year (2006) 
emission levels through 2020. In making this maintenance demonstration, 
IDEM has estimated the emissions impacts of source growth in Lake and 
Porter Counties along with the emissions impacts of continued 
implementation of existing emission controls. The ozone maintenance 
demonstration shows that VOC and NOX emissions will remain 
below the 2006 emission levels through 2020. Since the ozone 
maintenance demonstration has included the emissions impacts of the 
NOX RACT waiver and of source growth subsequent to the 
redesignation of Lake and Porter Counties to attainment of the 1997 8-
hour ozone standard, we conclude that the NOX waiver and the 
redesignation of Lake and Porter Counties should not result in new 
violations of the 1997 8-hour ozone standard during the ozone 
maintenance period, through 2020. After redesignation, all control 
measures that are in place are retained, and contrary to commenter's 
contention, there is no relaxation of existing controls on sources.

EPA Conclusions Resulting From the Public Comments

    After considering all public comments received and our responses to 
those comments, we conclude that no issues have been raised that would 
cause us to alter the conclusions set forth in the March 12, 2010, 
proposed rule.

III. What actions is EPA taking?

    After reviewing Indiana's redesignation request, EPA has determined 
that it meets the criteria set forth in section 107(d)(3)(E) of the 
CAA. Therefore, EPA is approving the redesignation of Lake and Porter 
Counties to attainment for the 1997 8-hour ozone NAAQS. EPA is also 
approving Indiana's ozone maintenance plan for Lake and Porter Counties 
as a SIP revision, based on Indiana's demonstration that the plan meets 
the requirements of section 175A of the CAA. In addition, EPA is 
approving the 2002 VOC and NOX emission inventories for Lake 
and Porter Counties as meeting the requirements of section 182(a)(1) of 
the CAA. Finally, EPA also finds adequate and is approving the State's 
2010 and 2020 VOC and NOX MVEBs for Lake and Porter 
Counties. For 2010, these MVEBs are 10.5 tons VOC/day and 40.6 tons 
NOX/day. For 2020, these MVEBs are 6.0 tons VOC/day and 12.6 
tons NOX/day.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action 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 section 
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 this action 
to become effective on the date of publication of this action.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by State law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, 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, these actions do not impose additional requirements beyond 
those imposed by State law and the CAA. For that reason, these actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities

[[Page 26117]]

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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.
    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 action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 12, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen oxides, Ozone, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: April 22, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
Parts 52 and 81, chapter I, Title 40 of the Code of Federal Regulations 
is 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 paragraphs (pp) and (qq) to read 
as follows:


Sec.  52.777  Control strategy: Photochemical oxidants (hydrocarbons).

* * * * *
    (pp) Approval--On June 5, 2009, the Indiana Department of 
Environmental Management submitted a request to redesignate Lake and 
Porter Counties to attainment of the 1997 8-hour ozone NAAQS. As part 
of the redesignation request, the State submitted a maintenance plan as 
required by section 175A of the Clean Air Act. Elements of the section 
175A maintenance plan include a contingency plan and an obligation to 
submit a subsequent maintenance plan revision in 8 years, as required 
by the Clean Air Act. The 2010 motor vehicle emissions budgets for Lake 
and Porter Counties are 10.5 tpd for VOC and 40.6 tpd for 
NOX. The 2020 motor vehicle emissions budgets for Lake and 
Porter Counties are 6.0 tpd for VOC and 12.6 tpd for NOX.
    (qq) Approval--Indiana's 2002 VOC and NOX emissions 
inventories satisfy the emission inventory requirements of section 
182(a)(1) of the Clean Air Act for Lake and Porter Counties under the 
1997 8-hour ozone NAAQS.

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 entry for Chicago-Gary-
Lake County, IL-IN in the table entitled ``Indiana-Ozone (8-Hour 
Standard)'' to read as follows:


Sec.  81.315  Indiana.

* * * * *

                                                                     Indiana--Ozone
                                                                    [8-Hour standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Designation \a\                                          Category/classification
        Designated area         ------------------------------------------------------------------------------------------------------------------------
                                            Date \1\                        Type                        Date \1\                        Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Chicago-Gary-Lake County, IL-
 IN:
    Lake County................  May 11, 2010.................  Attainment.                   ............................  ............................
    Porter County
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.


[[Page 26118]]

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[FR Doc. 2010-11009 Filed 5-10-10; 8:45 am]
BILLING CODE 6560-50-P