Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Lake and Porter Counties to Attainment of the 2008 Eight-Hour Ozone Standard, 36692-36696 [2014-15287]
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Proposed Rules
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disapproval and July 25, 2013,
disapproval will stop.
VI. 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 Clean Air Act;
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
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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, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: June 17, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014–15284 Filed 6–27–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2012–0989; FRL–9912–88Region 5]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Indiana; Redesignation of
Lake and Porter Counties to
Attainment of the 2008 Eight-Hour
Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to disapprove a
December 5, 2012, request from the state
of Indiana to redesignate Lake and
Porter Counties to attainment of the
2008 eight-hour ozone National
Ambient Air Quality Standard (NAAQS
or standard) because Indiana has not
demonstrated that the ChicagoNaperville, Illinois-Indiana-Wisconsin
(IL–IN–WI) ozone nonattainment area
(Chicago nonattainment area), which
includes Lake and Porter Counties, has
attained this NAAQS. EPA proposes to
take no action on Indiana’s ozone
maintenance plan and Motor Vehicle
Emission Budgets (MVEBs), submitted
with Indiana’s ozone redesignation
request, since approval of these State
Implementation Plan (SIP) components
is contingent on the attainment of the
ozone standard.
DATES: Comments must be received on
or before July 30, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–RO5–
OAR–2012–0989, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
SUMMARY:
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• Email: Mooney.John@epa.gov.
• Fax: (312) 692–2551.
• Mail: John Mooney, Chief, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604.
• Hand Delivery: John Mooney, 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–2012–
0989. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, 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 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.
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Proposed Rules
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
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,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6057,
or 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:
I. What should I consider as I prepare my
comments for EPA?
II. What actions is EPA proposing?
III. What is the background for these actions?
IV. What are the criteria for redesignation to
attainment?
V. What is EPA’s analysis of the State’s
request?
VI. Statutory and Executive Order Reviews
emcdonald on DSK67QTVN1PROD with PROPOSALS
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
to 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.
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.
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8. Make sure to submit your
comments by the comment period
deadline identified in the proposed rule.
II. What actions is EPA proposing?
EPA is proposing to disapprove
Indiana’s December 5, 2012, ozone
redesignation request for Lake and
Porter Counties for the 2008 eight-hour
ozone NAAQS because the Chicago
nonattainment area continues to violate
this standard based on the most recent
three years (2011–2013) of quality
assured, state-certified monitoring data
for this ozone nonattainment area.
Because this area continues to violate
the 2008 ozone NAAQS, we cannot
approve the ozone maintenance plan
and MVEBs included in Indiana’s
December 5, 2012, submittal. We are
proposing to take no action on the
maintenance plan and MVEBs at this
time.
III. What is the background for these
actions?
EPA has determined that ground-level
ozone (O3) is detrimental to human
health. On March 27, 2008 (73 FR
16436), EPA promulgated an eight-hour
ozone NAAQS of 0.075 parts per million
parts of air (0.075 ppm) (the 2008 eighthour ozone NAAQS or standard). This
standard is violated in an area when any
monitor in the area records eight-hour
ozone concentrations with a three-year
average of the annual fourth-highest
daily maximum eight-hour ozone
concentrations that equals or exceeds
0.076 ppm.
Ground-level ozone is generally not
emitted directly by sources. Rather,
emitted Oxides of Nitrogen (NOX) and
Volatile Organic Compounds (VOC)
react in the presence of sunlight,
particularly under warm conditions, to
form ground-level ozone, as a secondary
pollutant, along with other secondary
compounds. NOX and VOC are ‘‘ozone
precursors.’’ Reduction of peak groundlevel ozone concentrations is achieved
through controlling VOC and NOX
emissions.
Section 107 of the Clean Air Act
(CAA) required EPA to designate as
nonattainment any area that violated the
2008 eight-hour ozone standard. EPA
promulgated designations and
classifications for this standard for most
areas on May 21, 2012 (77 FR 30088).
However, in that rulemaking (77 FR
30091), EPA noted that the designation
of the Chicago area was being delayed,
pending review of 2011 ozone data
certified by the state of Illinois in a
December 7, 2011, letter. On June 11,
2012 (77 FR 34221), EPA promulgated
the designation of the Chicago area as
nonattainment for the 2008 eight-hour
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36693
ozone standard with a classification of
marginal nonattainment based on the
review of 2009–2011 ozone data from
Illinois and 2008–2010 data from
Indiana and Wisconsin.1 This review
showed a violation of the standard at
the Zion, Illinois monitoring site. The
Chicago nonattainment area includes
Cook, DuPage, Kane, Lake, McHenry
and Will Counties, Aux Sable and Goose
Lake Townships in Grundy County, and
Oswego Township in Kendall County in
Illinois, Lake and Porter Counties in
Indiana, and the area east of and
including the corridor of Interstate 94 in
Kenosha County, Wisconsin.
IV. What are the criteria for
redesignation to attainment?
The CAA provides the basic
requirements for redesignating a
nonattainment area to attainment.
Specifically, section 107(d)(3)(E) of the
CAA authorizes redesignation provided
that: (1) The Administrator determines
that the area has attained the applicable
NAAQS based on current air quality
data; (2) the Administrator has fully
approved an applicable state
implementation plan for the area under
section 110(k) of the CAA; (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable emission
reductions resulting from
implementation of the applicable SIP,
Federal air pollution control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area meeting
the requirements of section 175A of the
CAA; and, (5) the state has met all
requirements applicable to the area
under section 110 and part D of the
CAA.
EPA provided guidance on
redesignations in the General Preamble
for the Implementation of Title I of the
CAA Amendments of 1990 on April 16,
1992 (57 FR 13498), and supplemented
this guidance on April 28, 1992 (57 FR
18070).
Two significant policy documents
affecting the review of ozone
redesignation requests are the following:
(1) ‘‘Procedures for Processing Requests
to Redesignate Areas to Attainment,’’
1 The states of Indiana and Wisconsin failed to
certify 2011 ozone data by a February 29, 2012,
deadline imposed by the EPA in December 9, 2011,
letters to state governors notifying the states of
EPA’s preliminary responses to state-recommended
area designations for the 2008 eight-hour ozone
standard. The letters to the governors of Illinois,
Indiana, and Wisconsin informed these states of
EPA’s intention to designate the Chicago area as
nonattainment based on the monitored 2009–2011
ozone standard violation at the Zion, Illinois
monitoring site.
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Proposed Rules
Memorandum from John Calcagni,
Director, Air Quality Management
Division, September 4, 1992 (the
September 4, 1992 Calcagni
memorandum); and, (2) ‘‘Reasonable
Further Progress, Attainment
Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National
Ambient Air Quality Standard,’’
Memorandum from John S. Seitz,
Director, Office of Air Quality Planning
and Standards, May 10, 1995 (the May
10, 1995 Clean Data Policy
memorandum). Additional guidance on
processing redesignation requests is
included in the following documents:
• ‘‘Maintenance Plans for
Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,’’
Memorandum from G.T. Helms, Chief
Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
• ‘‘Contingency Measures for Ozone
and Carbon Monoxide (CO)
Redesignations,’’ Memorandum from
G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1,
1992;
• ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean
Air Act (Act) Deadlines,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division, October
28, 1992;
• ‘‘Technical Support Documents
(TSDs) for Redesignation of Ozone and
Carbon Monoxide (CO) Nonattainment
Areas,’’ Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide
Programs Branch, August 17, 1993;
• ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) On or After
November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting
Assistant Administrator for Air and
Radiation, September 17, 1993;
• ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone
and CO Nonattainment Areas,’’
Memorandum from D. Kent Berry,
Acting Director, Air Quality
Management Division, November 30,
1993; and
• ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas
Requesting Redesignation to
Attainment,’’ Memorandum from Mary
D. Nichols, Assistant Administrator for
Air and Radiation, October 14, 1994.
V. What is EPA’s analysis of the State’s
request?
EPA is proposing to disapprove
Indiana’s ozone redesignation request
for Lake and Porter Counties with a
determination that the Chicago
nonattainment area continues to violate
the 2008 eight-hour ozone standard
based on quality assured, state-certified
ozone data for 2010–2013. Indiana’s
ozone redesignation request fails to
meet the critical air quality requirement
of section 107(d)(3)(E)(1) of the CAA.
The basis for EPA’s proposed
disapproval of the redesignation request
is discussed in more detail as follows.
A. Has the Chicago area attained the
2008 eight-hour ozone NAAQS?
An area may be considered to attain
the 2008 eight-hour ozone NAAQS if
there are no violations of the NAAQS,
as determined in accordance with 40
CFR 50.10 and appendix P, based on the
most recent three consecutive years of
complete, quality-assured air quality
monitoring data at all ozone monitoring
sites in the area. To attain this standard,
the average of the annual fourth-high
daily maximum eight-hour averaged
ozone concentrations measured and
recorded at each monitoring site in the
area over the most recent three-year
period (the monitoring site’s ozone
design value) must not exceed 0.075
ppm. The data must be collected and
quality-assured in accordance with 40
CFR part 58, and must be recorded in
EPA’s Air Quality System (AQS). The
ozone monitoring data considered here
meet these certification criteria. All
ozone monitoring data considered here
have been certified by the states of
Illinois, Indiana, and Wisconsin.
As part of the December 5, 2012,
ozone redesignation request, the Indiana
Department of Environmental
Management (IDEM) summarized the
annual fourth-high daily maximum
eight-hour ozone concentrations and
three-year eight-hour ozone design
values for the period of 2006–2011 for
all ozone monitoring sites in the
Chicago nonattainment area.
Since the December 5, 2012, submittal
of Indiana’s ozone redesignation
request, 2012 and 2013 ozone data have
been quality-assured and certified by
the states of Illinois, Indiana, and
Wisconsin and entered into AQS. These
data, along with the ozone data
summarized in Indiana’s ozone
redesignation request, must be
considered in the review of Indiana’s
ozone redesignation request.
Table 1 summarizes the monitoring
site-specific annual fourth-high daily
maximum eight-hour ozone
concentrations for all monitoring sites
in the Chicago-Naperville, IL-IN-WI area
for the period of 2006–2013. Note that
the 2012 and 2013 ozone data were
obtained from EPA’s AQS, whereas the
2006–2011 ozone data were
documented in Indiana’s ozone
redesignation request and are confirmed
by ozone monitoring data contained in
AQS.
TABLE 1—ANNUAL FOURTH-HIGH DAILY MAXIMUM EIGHT-HOUR OZONE CONCENTRATIONS FOR MONITORING SITES IN THE
CHICAGO-NAPERVILLE, ILLINOIS-INDIANA-WISCONSIN OZONE NONATTAINMENT AREA
[ppm]
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Site/site No.
County
Indiana:
Gary 180890022 ..............................................
Hammond 180892008 .....................................
Whiting 180890030 .........................................
Ogden Dunes 181270024 ...............................
Valparaiso 181270026 ....................................
Illinois:
Alsip 170310001 ..............................................
Chicago—Southwest
Filtration
Plant
170310032.
Chicago—Ellis Avenue 170310064 .................
Chicago—Ohio Street 170310072 ..................
Chicago—Lawndale 170310076 .....................
Chicago—Hurlbut Street 170311003 ..............
Lemont 170311601 .........................................
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2006
2007
2008
2009
2010
2011
2012
2013
Lake ............
Lake ............
Lake ............
Porter ..........
Porter ..........
0.073
0.075
0.081
0.070
0.071
0.085
0.077
0.088
0.084
0.080
0.062
0.068
0.062
0.069
0.061
0.058
0.065
0.062
0.067
0.064
0.064
0.069
0.069
0.067
0.061
0.066
0.072
0.069
0.068
0.063
0.078
0.077
0.081
0.081
0.067
0.064
0.063
0.062
0.069
0.063
Cook ............
Cook ............
0.078
0.075
0.085
0.082
0.066
0.067
0.069
0.065
0.073
0.074
0.071
0.079
0.079
0.091
0.064
0.071
Cook
Cook
Cook
Cook
Cook
0.070
0.065
0.075
0.077
0.070
0.079
0.075
0.080
0.079
0.085
0.063
0.063
0.066
0.064
0.071
0.060
0.062
0.067
0.064
0.067
0.071
0.071
0.068
0.070
0.073
0.074
0.074
0.073
0.067
0.069
0.081
0.090
0.081
0.079
0.081
0.058
NA
0.062
0.066
0.064
............
............
............
............
............
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Proposed Rules
TABLE 1—ANNUAL FOURTH-HIGH DAILY MAXIMUM EIGHT-HOUR OZONE CONCENTRATIONS FOR MONITORING SITES IN THE
CHICAGO-NAPERVILLE, ILLINOIS-INDIANA-WISCONSIN OZONE NONATTAINMENT AREA—Continued
[ppm]
Site/site No.
County
Cicero 170314002 ...........................................
Des Plaines 170314007 ..................................
Northbrook 170314201 ....................................
Evanston 170317002 ......................................
Lisle 170436001 ..............................................
Elgin 170890005 .............................................
Zion 170971007 ..............................................
Cary 171110001 ..............................................
Braidwood 171971011 ....................................
Wisconsin:
Chiwaukee Prairie 550590019 ........................
Table 2 gives the three-year averages
of the annual fourth-high daily
2006
2007
2008
2009
2010
2011
2012
2013
Cook ............
Cook ............
Cook ............
Cook ............
DuPage .......
Kane ............
Lake ............
McHenry ......
Will ..............
0.060
0.065
0.068
0.072
0.062
0.062
0.068
0.057
0.068
0.068
0.078
0.076
0.080
0.072
0.075
0.080
0.074
0.071
0.060
0.057
0.065
0.058
0.057
0.061
0.069
0.065
0.060
0.067
0.057
0.069
0.064
0.059
0.068
0.075
0.066
0.063
0.068
0.064
0.072
0.067
0,064
0.069
0.078
0.065
0.065
0.072
0.065
0.076
0.078
0.068
0.070
0.076
0.071
0.061
0.083
0.073
0.087
0.093
0.093
0.075
0.093
0.077
0.071
0.063
0.067
0.069
0.069
0.063
0.064
0.072
0.065
0.061
Kenosha ......
0.079
0.085
0.072
0.071
0.081
0.081
0.092
0.075
maximum eight-hour ozone
concentrations for each monitoring site,
the monitoring sites’ ozone design
values.
TABLE 2—THREE-YEAR AVERAGES OF THE ANNUAL FOURTH-HIGH DAILY MAXIMUM EIGHT-HOUR OZONE CONCENTRATIONS FOR MONITORING SITES IN THE CHICAGO-NAPERVILLE, ILLINOIS-INDIANA-WISCONSIN OZONE NONATTAINMENT
AREA
[ppm]
Site/site No.
2006–2008
2007–2009
2008–2010
2009–2011
2010–2012
2011–2013
0.073
0.073
0.077
0.074
0.070
0.068
0.070
0.070
0.073
0.068
0.061
0.067
0.064
0.067
0.062
0.062
0.068
0.064
0.067
0.062
0.069
0.073
0.073
0.072
0.064
0.069
0.070
0.070
0.072
0.064
0.076
0.074
0.071
0.067
0.073
0.073
0.075
0.063
0.066
0.069
0.070
0.063
0.066
0.072
0.065
0.066
0.073
0.071
0.067
0.066
0.071
0.069
0.074
0.065
0.064
0.070
0.067
0.062
0.068
0.075
0.068
0.064
0.069
0.068
0.064
0.065
0.067
0.066
0.070
0.065
0.059
0.068
0.063
0.060
0.066
0.074
0.065
0.063
0.071
0.068
0.068
0.069
0.069
0.067
0.069
0.069
0.062
0.072
0.069
0.063
0.069
0.076
0.067
0.063
0.074
0.081
0.075
0.078
0.074
0.072
0.074
0.074
0.067
0.078
0.079
0.069
0.071
0.082
0.071
0.066
0.071
0.080
0.071
NA
0.072
0.070
0.071
0.072
0.068
0.077
0.080
0.068
0.069
0.080
0.071
0.064
0.078
0.076
0.074
0.077
0.085
0.082
emcdonald on DSK67QTVN1PROD with PROPOSALS
Indiana:
Gary 180890022 .......................................................
Hammond 180892008 ..............................................
Whiting 180890030 ...................................................
Ogden Dunes 181270024 ........................................
Valparaiso 181270026 ..............................................
Illinois:
Alsip 170310001 .......................................................
Chicago—Southwest Filtration Plant 170310032 .....
Chicago—Ellis Avenue 170310064 ..........................
Chicago—Ohio Street 170310072 ............................
Chicago—Lawndale 170310076 ...............................
Chicago—Hurlbut Street 170311003 ........................
Lemont 170311601 ...................................................
Cicero 170314002 ....................................................
Des Plaines 170314007 ...........................................
Northbrook 170314201 .............................................
Evanston 170317002 ................................................
Lisle 170436001 .......................................................
Elgin 170890005 .......................................................
Zion 170971007 ........................................................
Cary 171110001 .......................................................
Braidwood 171971011 ..............................................
Wisconsin:
Chiwaukee Prairie 550590019 .................................
As can be seen from table 2, the 2008
eight-hour ozone standard is currently
violated at the following sites in the
Chicago area: (1) Chicago-Southwest
Filtration Plant; (2) Northbrook; (3)
Evanston; (4) Zion; and (5) Chiwaukee
Prairie. In addition, the most recent
three-years of quality assured, state
certified ozone data (2010–2012)
available for the Chicago-Ohio Street
monitoring site show a violation of the
2008 ozone standard (the 2013 ozone
data for this monitoring site are
incomplete and not available to assess
the attainment of the ozone standard).
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17:59 Jun 27, 2014
Jkt 232001
This shows that the Chicago
nonattainment area has not attained the
2008 eight-hour ozone standard.
IDEM based the state’s ozone
redesignation request on the lack of
ozone standard violations in Lake and
Porter Counties. IDEM, however, has
failed to demonstrate that the 2008
eight-hour ozone standard has been
attained throughout the Chicago
nonattainment area. The quality-assured
and state certified ozone data for 2011–
2013 show a violation of the 2008 eighthour ozone standard in the Chicago
nonattainment area. Preliminary 2014
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
ozone data also indicate that multiple
monitors in the Chicago nonattainment
area continue to violate the 2008 ozone
standard for the period of 2012–2014.
Therefore, Indiana’s ozone
redesignation request fails to meet the
first, and most important, criterion for
the approval of ozone redesignation
requests: attainment of the 2008 eighthour ozone standard throughout the
entire nonattainment area.
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Proposed Rules
B. Has Indiana submitted an approvable
ozone maintenance plan and
approvable motor vehicle emission
budget?
To be approvable, an ozone
maintenance plan, in part, must
demonstrate that the ozone standard
will be maintained in the ozone
nonattainment area for at least 10 years
after EPA approves the state’s ozone
redesignation request. A critical
component of ozone maintenance plans
is an ozone attainment emissions
inventory documenting the VOC and
NOX emissions inventory for the period
in which the area has attained the ozone
standard. The ozone maintenance
demonstration usually involves the
demonstration that future (during the 10
years after redesignation) VOC and NOX
emissions will be at or below the
attainment emissions. Indiana’s ozone
redesignation request contains such an
ozone maintenance demonstration.
Since the Chicago ozone
nonattainment area continues to violate
the 2008 eight-hour ozone standard, we
cannot conclude that Indiana has
developed an acceptable attainment
year emissions inventory. This means
that the ozone maintenance
demonstration portion of the ozone
maintenance plan is unacceptable.
Since the estimation of the VOC and
NOX MVEBs depends on the
determination of mobile source
emissions that, along with other
emissions in the nonattainment area,
provide for attainment of the ozone
standard, and since the Chicago
nonattainment area continues to violate
the 2008 eight-hour ozone standard, we
conclude that Indiana’s estimates of the
VOC and NOX MVEBs are also not
acceptable.
We are not proposing action on
Indiana’s ozone maintenance
demonstration and plan and MVEBs at
this time. However, we note that, if we
were to propose actions on these ozone
redesignation request elements, we
would find it necessary to propose
disapproval.
emcdonald on DSK67QTVN1PROD with PROPOSALS
VI. Statutory and Executive Order
Reviews
Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’
and, therefore, is not subject to review
by the Office of Management and
Budget.
Paperwork Reduction Act
This rule does not impose an
information collection burden under the
VerDate Mar<15>2010
17:59 Jun 27, 2014
Jkt 232001
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Regulatory Flexibility Act
This action merely disapproves state
law as not meeting Federal requirements
and imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Unfunded Mandates Reform Act
Because this rule disapproves preexisting requirements under state law
and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandate
Reform Act of 1995 (Pub. L. 104–4).
Executive Order 13132: Federalism
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
national government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
disapproves a state rule, and does not
alter the relationship or the distribution
of power and responsibilities
established in the CAA.
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(59 FR 22951, November 9, 2000).
Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it disapproves
a state rule.
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, Or Use
Because it is not a ‘‘significant
regulatory action under Executive Order
12866 or a ‘‘significant energy action,’’
this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
National Technology Transfer
Advancement Act
In reviewing state submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
state to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a state submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a state
submission, to use VCS in place of a
state submission that otherwise satisfies
the provisions of the CAA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: June 18, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014–15287 Filed 6–27–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0007; FRL–9912–
80–Region 5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Naval Industrial
Reserve Ordnance Plant (NIROP)
Superfund Site
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\30JNP1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Proposed Rules]
[Pages 36692-36696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15287]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2012-0989; FRL-9912-88-Region 5]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Indiana; Redesignation of
Lake and Porter Counties to Attainment of the 2008 Eight-Hour Ozone
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to
disapprove a December 5, 2012, request from the state of Indiana to
redesignate Lake and Porter Counties to attainment of the 2008 eight-
hour ozone National Ambient Air Quality Standard (NAAQS or standard)
because Indiana has not demonstrated that the Chicago-Naperville,
Illinois-Indiana-Wisconsin (IL-IN-WI) ozone nonattainment area (Chicago
nonattainment area), which includes Lake and Porter Counties, has
attained this NAAQS. EPA proposes to take no action on Indiana's ozone
maintenance plan and Motor Vehicle Emission Budgets (MVEBs), submitted
with Indiana's ozone redesignation request, since approval of these
State Implementation Plan (SIP) components is contingent on the
attainment of the ozone standard.
DATES: Comments must be received on or before July 30, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO5-
OAR-2012-0989, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Email: Mooney.John@epa.gov.
Fax: (312) 692-2551.
Mail: John Mooney, Chief, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Hand Delivery: John Mooney, 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-
2012-0989. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, 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
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.
[[Page 36693]]
Certain other material, such as copyrighted material, will be publicly
available only in hard copy. Publicly available docket materials are
available either electronically in 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,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6057, or
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:
I. What should I consider as I prepare my comments for EPA?
II. What actions is EPA proposing?
III. What is the background for these actions?
IV. What are the criteria for redesignation to attainment?
V. What is EPA's analysis of the State's request?
VI. 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 to 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.
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 actions is EPA proposing?
EPA is proposing to disapprove Indiana's December 5, 2012, ozone
redesignation request for Lake and Porter Counties for the 2008 eight-
hour ozone NAAQS because the Chicago nonattainment area continues to
violate this standard based on the most recent three years (2011-2013)
of quality assured, state-certified monitoring data for this ozone
nonattainment area. Because this area continues to violate the 2008
ozone NAAQS, we cannot approve the ozone maintenance plan and MVEBs
included in Indiana's December 5, 2012, submittal. We are proposing to
take no action on the maintenance plan and MVEBs at this time.
III. What is the background for these actions?
EPA has determined that ground-level ozone (O3) is
detrimental to human health. On March 27, 2008 (73 FR 16436), EPA
promulgated an eight-hour ozone NAAQS of 0.075 parts per million parts
of air (0.075 ppm) (the 2008 eight-hour ozone NAAQS or standard). This
standard is violated in an area when any monitor in the area records
eight-hour ozone concentrations with a three-year average of the annual
fourth-highest daily maximum eight-hour ozone concentrations that
equals or exceeds 0.076 ppm.
Ground-level ozone is generally not emitted directly by sources.
Rather, emitted Oxides of Nitrogen (NOX) and Volatile
Organic Compounds (VOC) react in the presence of sunlight, particularly
under warm conditions, to form ground-level ozone, as a secondary
pollutant, along with other secondary compounds. NOX and VOC
are ``ozone precursors.'' Reduction of peak ground-level ozone
concentrations is achieved through controlling VOC and NOX
emissions.
Section 107 of the Clean Air Act (CAA) required EPA to designate as
nonattainment any area that violated the 2008 eight-hour ozone
standard. EPA promulgated designations and classifications for this
standard for most areas on May 21, 2012 (77 FR 30088). However, in that
rulemaking (77 FR 30091), EPA noted that the designation of the Chicago
area was being delayed, pending review of 2011 ozone data certified by
the state of Illinois in a December 7, 2011, letter. On June 11, 2012
(77 FR 34221), EPA promulgated the designation of the Chicago area as
nonattainment for the 2008 eight-hour ozone standard with a
classification of marginal nonattainment based on the review of 2009-
2011 ozone data from Illinois and 2008-2010 data from Indiana and
Wisconsin.\1\ This review showed a violation of the standard at the
Zion, Illinois monitoring site. The Chicago nonattainment area includes
Cook, DuPage, Kane, Lake, McHenry and Will Counties, Aux Sable and
Goose Lake Townships in Grundy County, and Oswego Township in Kendall
County in Illinois, Lake and Porter Counties in Indiana, and the area
east of and including the corridor of Interstate 94 in Kenosha County,
Wisconsin.
---------------------------------------------------------------------------
\1\ The states of Indiana and Wisconsin failed to certify 2011
ozone data by a February 29, 2012, deadline imposed by the EPA in
December 9, 2011, letters to state governors notifying the states of
EPA's preliminary responses to state-recommended area designations
for the 2008 eight-hour ozone standard. The letters to the governors
of Illinois, Indiana, and Wisconsin informed these states of EPA's
intention to designate the Chicago area as nonattainment based on
the monitored 2009-2011 ozone standard violation at the Zion,
Illinois monitoring site.
---------------------------------------------------------------------------
IV. What are the criteria for redesignation to attainment?
The CAA provides the basic requirements for redesignating a
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of
the CAA authorizes redesignation provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS based on
current air quality data; (2) the Administrator has fully approved an
applicable state implementation plan for the area under section 110(k)
of the CAA; (3) the Administrator determines that the improvement in
air quality is due to permanent and enforceable emission reductions
resulting from implementation of the applicable SIP, Federal air
pollution control regulations, and other permanent and enforceable
emission reductions; (4) the Administrator has fully approved a
maintenance plan for the area meeting the requirements of section 175A
of the CAA; and, (5) the state has met all requirements applicable to
the area under section 110 and part D of the CAA.
EPA provided guidance on redesignations in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990 on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070).
Two significant policy documents affecting the review of ozone
redesignation requests are the following: (1) ``Procedures for
Processing Requests to Redesignate Areas to Attainment,''
[[Page 36694]]
Memorandum from John Calcagni, Director, Air Quality Management
Division, September 4, 1992 (the September 4, 1992 Calcagni
memorandum); and, (2) ``Reasonable Further Progress, Attainment
Demonstration, and Related Requirements for Ozone Nonattainment Areas
Meeting the Ozone National Ambient Air Quality Standard,'' Memorandum
from John S. Seitz, Director, Office of Air Quality Planning and
Standards, May 10, 1995 (the May 10, 1995 Clean Data Policy
memorandum). Additional guidance on processing redesignation requests
is included in the following documents:
``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (Act) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSDs) for Redesignation of
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17,
1993;
``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
``Use of Actual Emissions in Maintenance Demonstrations
for Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
and
``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994.
V. What is EPA's analysis of the State's request?
EPA is proposing to disapprove Indiana's ozone redesignation
request for Lake and Porter Counties with a determination that the
Chicago nonattainment area continues to violate the 2008 eight-hour
ozone standard based on quality assured, state-certified ozone data for
2010-2013. Indiana's ozone redesignation request fails to meet the
critical air quality requirement of section 107(d)(3)(E)(1) of the CAA.
The basis for EPA's proposed disapproval of the redesignation request
is discussed in more detail as follows.
A. Has the Chicago area attained the 2008 eight-hour ozone NAAQS?
An area may be considered to attain the 2008 eight-hour ozone NAAQS
if there are no violations of the NAAQS, as determined in accordance
with 40 CFR 50.10 and appendix P, based on the most recent three
consecutive years of complete, quality-assured air quality monitoring
data at all ozone monitoring sites in the area. To attain this
standard, the average of the annual fourth-high daily maximum eight-
hour averaged ozone concentrations measured and recorded at each
monitoring site in the area over the most recent three-year period (the
monitoring site's ozone design value) must not exceed 0.075 ppm. The
data must be collected and quality-assured in accordance with 40 CFR
part 58, and must be recorded in EPA's Air Quality System (AQS). The
ozone monitoring data considered here meet these certification
criteria. All ozone monitoring data considered here have been certified
by the states of Illinois, Indiana, and Wisconsin.
As part of the December 5, 2012, ozone redesignation request, the
Indiana Department of Environmental Management (IDEM) summarized the
annual fourth-high daily maximum eight-hour ozone concentrations and
three-year eight-hour ozone design values for the period of 2006-2011
for all ozone monitoring sites in the Chicago nonattainment area.
Since the December 5, 2012, submittal of Indiana's ozone
redesignation request, 2012 and 2013 ozone data have been quality-
assured and certified by the states of Illinois, Indiana, and Wisconsin
and entered into AQS. These data, along with the ozone data summarized
in Indiana's ozone redesignation request, must be considered in the
review of Indiana's ozone redesignation request.
Table 1 summarizes the monitoring site-specific annual fourth-high
daily maximum eight-hour ozone concentrations for all monitoring sites
in the Chicago-Naperville, IL-IN-WI area for the period of 2006-2013.
Note that the 2012 and 2013 ozone data were obtained from EPA's AQS,
whereas the 2006-2011 ozone data were documented in Indiana's ozone
redesignation request and are confirmed by ozone monitoring data
contained in AQS.
Table 1--Annual Fourth-High Daily Maximum Eight-Hour Ozone Concentrations for Monitoring Sites in the Chicago-Naperville, Illinois-Indiana-Wisconsin
Ozone Nonattainment Area
[ppm]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Site/site No. County 2006 2007 2008 2009 2010 2011 2012 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
Gary 180890022........................... Lake............................. 0.073 0.085 0.062 0.058 0.064 0.066 0.078 0.064
Hammond 180892008........................ Lake............................. 0.075 0.077 0.068 0.065 0.069 0.072 0.077 0.063
Whiting 180890030........................ Lake............................. 0.081 0.088 0.062 0.062 0.069 0.069 0.081 0.062
Ogden Dunes 181270024.................... Porter........................... 0.070 0.084 0.069 0.067 0.067 0.068 0.081 0.069
Valparaiso 181270026..................... Porter........................... 0.071 0.080 0.061 0.064 0.061 0.063 0.067 0.063
Illinois:
Alsip 170310001.......................... Cook............................. 0.078 0.085 0.066 0.069 0.073 0.071 0.079 0.064
Chicago--Southwest Filtration Plant Cook............................. 0.075 0.082 0.067 0.065 0.074 0.079 0.091 0.071
170310032.
Chicago--Ellis Avenue 170310064.......... Cook............................. 0.070 0.079 0.063 0.060 0.071 0.074 0.081 0.058
Chicago--Ohio Street 170310072........... Cook............................. 0.065 0.075 0.063 0.062 0.071 0.074 0.090 NA
Chicago--Lawndale 170310076.............. Cook............................. 0.075 0.080 0.066 0.067 0.068 0.073 0.081 0.062
Chicago--Hurlbut Street 170311003........ Cook............................. 0.077 0.079 0.064 0.064 0.070 0.067 0.079 0.066
Lemont 170311601......................... Cook............................. 0.070 0.085 0.071 0.067 0.073 0.069 0.081 0.064
[[Page 36695]]
Cicero 170314002......................... Cook............................. 0.060 0.068 0.060 0.067 0.068 0.072 0.083 0.063
Des Plaines 170314007.................... Cook............................. 0.065 0.078 0.057 0.057 0.064 0.065 0.073 0.067
Northbrook 170314201..................... Cook............................. 0.068 0.076 0.065 0.069 0.072 0.076 0.087 0.069
Evanston 170317002....................... Cook............................. 0.072 0.080 0.058 0.064 0.067 0.078 0.093 0.069
Lisle 170436001.......................... DuPage........................... 0.062 0.072 0.057 0.059 0,064 0.068 0.093 0.063
Elgin 170890005.......................... Kane............................. 0.062 0.075 0.061 0.068 0.069 0.070 0.075 0.064
Zion 170971007........................... Lake............................. 0.068 0.080 0.069 0.075 0.078 0.076 0.093 0.072
Cary 171110001........................... McHenry.......................... 0.057 0.074 0.065 0.066 0.065 0.071 0.077 0.065
Braidwood 171971011...................... Will............................. 0.068 0.071 0.060 0.063 0.065 0.061 0.071 0.061
Wisconsin:
Chiwaukee Prairie 550590019.............. Kenosha.......................... 0.079 0.085 0.072 0.071 0.081 0.081 0.092 0.075
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2 gives the three-year averages of the annual fourth-high
daily maximum eight-hour ozone concentrations for each monitoring site,
the monitoring sites' ozone design values.
Table 2--Three-Year Averages of the Annual Fourth-High Daily Maximum Eight-Hour Ozone Concentrations for
Monitoring Sites in the Chicago-Naperville, Illinois-Indiana-Wisconsin Ozone Nonattainment Area
[ppm]
----------------------------------------------------------------------------------------------------------------
Site/site No. 2006-2008 2007-2009 2008-2010 2009-2011 2010-2012 2011-2013
----------------------------------------------------------------------------------------------------------------
Indiana:
Gary 180890022................ 0.073 0.068 0.061 0.062 0.069 0.069
Hammond 180892008............. 0.073 0.070 0.067 0.068 0.073 0.070
Whiting 180890030............. 0.077 0.070 0.064 0.064 0.073 0.070
Ogden Dunes 181270024......... 0.074 0.073 0.067 0.067 0.072 0.072
Valparaiso 181270026.......... 0.070 0.068 0.062 0.062 0.064 0.064
Illinois:
Alsip 170310001............... 0.076 0.073 0.069 0.071 0.074 0.071
Chicago--Southwest Filtration 0.074 0.071 0.068 0.068 0.081 0.080
Plant 170310032..............
Chicago--Ellis Avenue 0.071 0.067 0.064 0.068 0.075 0.071
170310064....................
Chicago--Ohio Street 170310072 0.067 0.066 0.065 0.069 0.078 NA
Chicago--Lawndale 170310076... 0.073 0.071 0.067 0.069 0.074 0.072
Chicago--Hurlbut Street 0.073 0.069 0.066 0.067 0.072 0.070
170311003....................
Lemont 170311601.............. 0.075 0.074 0.070 0.069 0.074 0.071
Cicero 170314002.............. 0.063 0.065 0.065 0.069 0.074 0.072
Des Plaines 170314007......... 0.066 0.064 0.059 0.062 0.067 0.068
Northbrook 170314201.......... 0.069 0.070 0.068 0.072 0.078 0.077
Evanston 170317002............ 0.070 0.067 0.063 0.069 0.079 0.080
Lisle 170436001............... 0.063 0.062 0.060 0.063 0.069 0.068
Elgin 170890005............... 0.066 0.068 0.066 0.069 0.071 0.069
Zion 170971007................ 0.072 0.075 0.074 0.076 0.082 0.080
Cary 171110001................ 0.065 0.068 0.065 0.067 0.071 0.071
Braidwood 171971011........... 0.066 0.064 0.063 0.063 0.066 0.064
Wisconsin:
Chiwaukee Prairie 550590019... 0.078 0.076 0.074 0.077 0.085 0.082
----------------------------------------------------------------------------------------------------------------
As can be seen from table 2, the 2008 eight-hour ozone standard is
currently violated at the following sites in the Chicago area: (1)
Chicago-Southwest Filtration Plant; (2) Northbrook; (3) Evanston; (4)
Zion; and (5) Chiwaukee Prairie. In addition, the most recent three-
years of quality assured, state certified ozone data (2010-2012)
available for the Chicago-Ohio Street monitoring site show a violation
of the 2008 ozone standard (the 2013 ozone data for this monitoring
site are incomplete and not available to assess the attainment of the
ozone standard). This shows that the Chicago nonattainment area has not
attained the 2008 eight-hour ozone standard.
IDEM based the state's ozone redesignation request on the lack of
ozone standard violations in Lake and Porter Counties. IDEM, however,
has failed to demonstrate that the 2008 eight-hour ozone standard has
been attained throughout the Chicago nonattainment area. The quality-
assured and state certified ozone data for 2011-2013 show a violation
of the 2008 eight-hour ozone standard in the Chicago nonattainment
area. Preliminary 2014 ozone data also indicate that multiple monitors
in the Chicago nonattainment area continue to violate the 2008 ozone
standard for the period of 2012-2014. Therefore, Indiana's ozone
redesignation request fails to meet the first, and most important,
criterion for the approval of ozone redesignation requests: attainment
of the 2008 eight-hour ozone standard throughout the entire
nonattainment area.
[[Page 36696]]
B. Has Indiana submitted an approvable ozone maintenance plan and
approvable motor vehicle emission budget?
To be approvable, an ozone maintenance plan, in part, must
demonstrate that the ozone standard will be maintained in the ozone
nonattainment area for at least 10 years after EPA approves the state's
ozone redesignation request. A critical component of ozone maintenance
plans is an ozone attainment emissions inventory documenting the VOC
and NOX emissions inventory for the period in which the area
has attained the ozone standard. The ozone maintenance demonstration
usually involves the demonstration that future (during the 10 years
after redesignation) VOC and NOX emissions will be at or
below the attainment emissions. Indiana's ozone redesignation request
contains such an ozone maintenance demonstration.
Since the Chicago ozone nonattainment area continues to violate the
2008 eight-hour ozone standard, we cannot conclude that Indiana has
developed an acceptable attainment year emissions inventory. This means
that the ozone maintenance demonstration portion of the ozone
maintenance plan is unacceptable.
Since the estimation of the VOC and NOX MVEBs depends on
the determination of mobile source emissions that, along with other
emissions in the nonattainment area, provide for attainment of the
ozone standard, and since the Chicago nonattainment area continues to
violate the 2008 eight-hour ozone standard, we conclude that Indiana's
estimates of the VOC and NOX MVEBs are also not acceptable.
We are not proposing action on Indiana's ozone maintenance
demonstration and plan and MVEBs at this time. However, we note that,
if we were to propose actions on these ozone redesignation request
elements, we would find it necessary to propose disapproval.
VI. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Regulatory Flexibility Act
This action merely disapproves state law as not meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule disapproves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandate Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely disapproves a state rule, and does not
alter the relationship or the distribution of power and
responsibilities established in the CAA.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it disapproves a state rule.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, Or Use
Because it is not a ``significant regulatory action under Executive
Order 12866 or a ``significant energy action,'' this action is also not
subject to Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001).
National Technology Transfer Advancement Act
In reviewing state submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: June 18, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-15287 Filed 6-27-14; 8:45 am]
BILLING CODE 6560-50-P
