Air Plan Approval; Indiana; Limited Maintenance Plan for 1997 Ozone NAAQS; Evansville, Fort Wayne, Greene County, Jackson County, Muncie, and Terre Haute, 42876-42881 [2019-17665]
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Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Proposed Rules
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not expected to be an Executive
Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this
action is not significant under Executive
Order 12866;
• 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 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
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specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Volatile organic compounds.
Dated: August 6, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA proposes to amend 40
CFR part 52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart O—Illinois
2. In § 52.720, the table in paragraph
(c) is amended by removing the
undesignated headings ‘‘Subchapter b:
Alternative Reduction Program’’ ‘‘Part
205: Emissions Reduction Market
System’’ and all the undesignated
subheadings and entries up to and
including ‘‘205.760’’.
■
[FR Doc. 2019–17666 Filed 8–16–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2019–0267; FRL–9998–45–
Region 5]
Air Plan Approval; Indiana; Limited
Maintenance Plan for 1997 Ozone
NAAQS; Evansville, Fort Wayne,
Greene County, Jackson County,
Muncie, and Terre Haute
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
submission from the State of Indiana as
a state implementation plan (SIP)
revision in according with the Clean Air
Act (CAA). On April 25, 2019, the state
submitted its 1997 8-hour ozone
national ambient air quality standards
(NAAQS or standard) Limited
Maintenance Plan (LMP) for the
following Indiana areas:] Evansville,
Fort Wayne, Greene County, Jackson
County, Muncie, and Terre Haute. EPA
is proposing to approve the LMPs for
these areas because they provide for the
maintenance of the 1997 8-hour ozone
SUMMARY:
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NAAQS through the end of the second
10-year portion of the maintenance
period. The effect of this action would
be to make federally enforceable certain
commitments related to maintenance of
the 1997 8-hour ozone NAAQS in these
areas as part of the Indiana SIP.
DATES: Comments must be received on
or before September 18, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2019–0267 at https://
www.regulations.gov, or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Leslie, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to EPA.
Table of Contents
I. What action is EPA taking?
II. What is the background for these actions?
III. What is EPA’s Evaluation of Indiana’s SIP
Submittals?
1. Attainment Emissions Inventory
2. Maintenance Demonstration
3. Monitoring Network and Verification of
Continued Attainment
4. Contingency Plan
IV. Transportation Conformity
V. Proposed Action
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VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
Under the CAA, EPA is proposing to
approve the 1997 8-hour ozone NAAQS
LMPs for the following Indiana areas:
Evansville, Fort Wayne, Greene County,
Jackson County, Muncie, and Terre
Haute. Indiana submitted the LMPs on
April 25, 2019.
These LMPs for the 1997 8-hour
ozone NAAQS submitted by Indiana are
designed to maintain the 1997 8-hour
ozone NAAQS through the end of the
second 10-year period beyond
redesignation. We are proposing to
approve these LMPs because they meet
all applicable requirements under CAA
sections 110 and 175A.
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II. What is the background for these
actions?
Ground-level ozone is formed when
oxides of nitrogen (NOX) and volatile
organic compounds (VOC) react in the
presence of sunlight. These two
pollutants, referred to as ozone
precursors, are emitted by many types of
pollution sources, including on-road
and off-road motor vehicles and
engines, power plants and industrial
facilities, and smaller area sources such
as lawn and garden equipment and
paints. Scientific evidence indicates that
adverse public health effects occur
following exposure to ozone,
particularly in children and adults with
lung disease. Breathing air containing
ozone can reduce lung function and
inflame airways, which can increase
respiratory symptoms and aggravate
asthma or other lung diseases.
Ozone exposure also has been
associated with increased susceptibility
to respiratory infections, medication
use, doctor visits, and emergency
department visits and hospital
admissions for individuals with lung
disease. Ozone exposure also increases
the risk of premature death from heart
or lung disease. Children are at
increased risk from exposure to ozone
because their lungs are still developing,
and they are more likely to be active
outdoors, which increases their
exposure.1
In 1979, under section 109 of the
CAA, EPA established primary and
secondary NAAQS for ozone at 0.12
parts per million (ppm), averaged over
a 1-hour period. 44 FR 8202 (February
8, 1979). On July 18, 1997, EPA revised
the primary and secondary NAAQS for
ozone to set the acceptable level of
ozone in the ambient air at 0.08 ppm,
1 See ‘‘Fact Sheet, Proposal to Revise the National
Ambient Air Quality Standards for Ozone,’’ January
6, 2010 and 75 FR 2938 (January 19, 2010).
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averaged over an 8-hour period. 62 FR
38856 (July 18, 1997).2 EPA set the 1997
8-hour ozone NAAQS based on
scientific evidence demonstrating that
ozone causes adverse health effects at
lower concentrations and over longer
periods of time than was understood
when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that
the 1997 8-hour standard would be
more protective of human health,
especially for children and adults who
are active outdoors, and individuals
with a preexisting respiratory disease,
such as asthma.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
nation as attaining or not attaining the
NAAQS. On April 15, 2004, EPA
designated the six Indiana areas as
nonattainment for the 1997 8-hour
ozone NAAQS, and the designations
became effective on June 15, 2004.
Under the CAA, states are also required
to adopt and submit SIPs to implement,
maintain, and enforce the NAAQS in
designated nonattainment areas and
throughout the state.
When a nonattainment area has three
years of complete, certified air quality
data that has been determined to attain
the 1997 8-hour ozone NAAQS, and the
area has met other required criteria
described in section 107(d)(3)(E) of the
CAA, the state can submit to EPA a
request to be redesignated to attainment,
referred to as a ‘‘maintenance area’’.3
These six Indiana areas have been
redesignated to attainment of the 1997
8-hour ozone NAAQS (70 FR 77026, 72
FR 1292, 70 FR 69085, 70 FR 69085, 70
FR 69443, 71 FR 541). One of the
criteria for redesignation is to have an
approved maintenance plan under CAA
section 175A. The maintenance plan
must demonstrate that the area will
continue to maintain the standard for
the period extending ten years after
redesignation and contain such
additional measures as necessary to
ensure maintenance and such
2 In March 2008, EPA completed another review
of the primary and secondary ozone standards and
tightened them further by lowering the level for
both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a
review of the primary and secondary ozone
standards and tightened them by lowering the level
for both to 0.70 ppm. 80 FR 65292 (October 26,
2015).
3 Section 107(d)(3)(E) of the CAA sets out the
requirements for redesignation. They include
attainment of the NAAQS, full approval under
section 110(k) of the applicable SIP, determination
that improvement in air quality is a result of
permanent and enforceable reductions in emissions,
demonstration that the state has met all applicable
section 110 and part D requirements, and a fully
approved maintenance plan under CAA section
175A.
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contingency provisions as necessary to
assure that violations of the standard
will be promptly corrected. At the end
of the eighth year after the effective date
of the redesignation, the state must also
submit a second maintenance plan to
ensure ongoing maintenance of the
standard for an additional ten years. See
CAA section 175A.
EPA has published long-standing
guidance for states on developing
maintenance plans. EPA’s guidance
entitled, ‘‘Procedures for Processing
Requests to Redesignate Areas to
Attainment,’’ September 4, 1992
(Calcagni memo) provides that states
may generally demonstrate maintenance
by either performing air quality
modeling to show that the future mix of
sources and emission rates will not
cause a violation of the NAAQS or by
showing that future emissions of a
pollutant and its precursors will not
exceed the level of emissions during a
year when the area was attaining the
NAAQS (i.e., attainment year
inventory). See Calcagni memo at 9.
EPA clarified in three subsequent
guidance memos that certain
nonattainment areas could meet the
CAA section 175A requirement to
provide for maintenance by
demonstrating that the area’s design
value 4 was well below the NAAQS and
that the historical stability of the area’s
air quality levels showed that the area
was unlikely to violate the NAAQS in
the future.5 EPA refers to this
streamlined demonstration of
maintenance as an LMP. EPA has
interpreted CAA section 175A as
permitting this option because section
175A of the CAA defines few specific
content requirements for maintenance
plans, and in EPA’s experience
implementing the various NAAQS,
areas that qualify for an LMP and have
approved LMPs have rarely, if ever,
experienced subsequent violations of
the NAAQS. As noted in the LMP
guidance memoranda, states seeking an
LMP must still submit the other
maintenance plan elements outlined in
the Calcagni memo, including: An
attainment emissions inventory,
4 The ozone design value for a monitoring site is
the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations.
The design value for an ozone nonattainment area
is the highest design value of any monitoring site
in the area.
5 See ‘‘Limited Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas’’ from
Sally L. Shaver, Office of Air Quality Planning and
Standards (OAQPS), dated November 16, 1994;
‘‘Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas’’ from
Joseph Paisie, OAQPS, dated October 6, 1995; and
‘‘Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas’’ from Lydia Wegman,
OAQPS, dated August 9, 2001.
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provisions for the continued operation
of the ambient air quality monitoring
network, verification of continued
attainment, and a contingency plan in
the event of a future violation of the
NAAQS. Moreover, states seeking an
LMP must still submit its section 175A
maintenance plan as a revision to its
SIP, with all attendant notice and
comment procedures.
While the LMP guidance memoranda
were originally written with respect to
certain NAAQS,6 EPA has extended the
LMP interpretation of section 175A to
other NAAQS and pollutants not
specifically covered by the previous
guidance memos.7 In this case, EPA is
proposing to approve the Indiana LMPs,
because the state has made a showing,
consistent with EPA’s prior LMP
guidance, that each of the six Indiana
area’s ozone concentrations are well
below the 1997 8-hour ozone NAAQS
and have been historically stable.
Indiana has submitted LMPs for the
Evansville, Fort Wayne, Greene County,
Jackson County, Muncie, and Terre
Haute, Indiana areas’ 1997 8-hour ozone
NAAQS maintenance area to fulfill the
second maintenance plan requirement
in the CAA. Our evaluation of these
1997 8-hour ozone NAAQS LMPs is
presented below.
Under CAA section 175A(b), states
must submit a revision to the first
maintenance plan eight years after
redesignation to provide for
maintenance of the NAAQS for ten
additional years following the end of the
first 10-year period. EPA’s final
implementation rule for the 2008 8-hour
ozone NAAQS revoked the 1997 8-hour
ozone NAAQS and stated that one
consequence of revocation was that
areas that had been redesignated to
attainment (i.e., maintenance areas) for
the 1997 8-hour ozone standard no
longer needed to submit second 10-year
maintenance plans under CAA section
175A(b).8 In South Coast Air Quality
Management District v. EPA, the D.C.
Circuit vacated EPA’s interpretation
that, because of the revocation of the
1997 8-hour ozone standard, second
maintenance plans were not required for
‘‘orphan maintenance areas,’’ i.e., areas
that had been redesignated to
attainment for the 1997 8-hour ozone
NAAQS maintenance areas and were
6 The prior memos addressed: Unclassifiable
areas under the 1-hour ozone NAAQS,
nonattainment areas for the PM10 (particulate matter
with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment areas for the
carbon monoxide NAAQS.
7 See, e.g., 79 FR 41900 (July 18, 2014) (Approval
of second ten-year LMP for Grant County 1971 SO2
maintenance area).
8 See 80 FR 12315 (March 6, 2015).
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designated attainment for the 2008 8hour ozone NAAQS. South Coast, 882
F.3d 1138 (D.C. Cir. 2018). Thus, states
with these ‘‘orphan maintenance areas’’
under the 1997 8-hour ozone NAAQS
must submit maintenance plans for the
second maintenance period.
Accordingly, on April 25, 2019, Indiana
submitted a second maintenance plan in
the form of an LMP for the following
Indiana areas: Evansville, Fort Wayne,
Greene County, Jackson County,
Muncie, and Terre Haute. These LMPs
show that each area is expected to
remain in attainment of the 1997 8-hour
ozone NAAQS through the end of the
last year of the second 10-year
maintenance period, i.e., through the
end of the full 20-year maintenance
period.
III. What is EPA’s evaluation of
Indiana’s SIP submittals?
EPA has reviewed the 1997 8-hour
ozone NAAQS LMPs which are
designed to maintain the 1997 8-hour
ozone NAAQS within the Evansville,
Fort Wayne, Greene County, Jackson
County, Muncie, and Terre Haute,
Indiana areas through the end of the 20year period beyond redesignation, as
required under CAA section 175A(b).
The following is a summary of EPA’s
interpretation of the requirements 9 and
EPA’s evaluation of how each
requirement is met.
1. Attainment Emissions Inventory
For maintenance plans, a state should
develop a comprehensive, accurate
inventory of actual emissions for an
attainment year to identify the level of
emissions which is sufficient to
maintain the NAAQS. A state should
develop this inventory consistent with
EPA’s most recent guidance on
emissions inventory development. For
ozone, the inventory should be based on
typical ozone season workday of VOCs
and NOX, as these pollutants are
precursors to ozone formation. The
Indiana LMP’s ozone attainment
inventories reflect typical summer
weekday emissions in 2014. Table 1
through 7 present a summary of the
inventories for 2014 contained in the
maintenance plans.
TABLE 1—2014 TYPICAL SUMMER DAY
8-HOUR OZONE EMISSIONS FOR THE
EVANSVILLE, INDIANA AREA
[Tons/day]
Source category
VOC
emissions
Nonpoint ...............
9 See
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10.57
NOX
emissions
2.99
TABLE 1—2014 TYPICAL SUMMER DAY
8-HOUR OZONE EMISSIONS FOR THE
EVANSVILLE, INDIANA AREA—Continued
[Tons/day]
Nonroad ................
Onroad ..................
Point ......................
Fmt 4702
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2.83
6.93
3.66
NOX
emissions
3.03
11.73
34.68
TABLE 2—2014 TYPICAL SUMMER DAY
8-HOUR OZONE EMISSIONS FOR THE
FORT WAYNE, INDIANA AREA
[Tons/day]
VOC
emissions
Source category
Nonpoint ...............
Nonroad ................
Onroad ..................
Point ......................
15.67
5.76
10.57
5.67
NOX
emissions
2.94
5.38
21.48
6.05
TABLE 3—2014 TYPICAL SUMMER DAY
8-HOUR OZONE EMISSIONS FOR THE
GREENE COUNTY, INDIANA AREA
[Tons/day]
VOC
emissions
Source category
Nonpoint ...............
Nonroad ................
Onroad ..................
Point ......................
3.26
0.61
1.23
0.06
NOX
emissions
0.90
0.67
2.20
0.07
TABLE 4—2014 TYPICAL SUMMER DAY
8-HOUR OZONE EMISSIONS FOR THE
JACKSON COUNTY, INDIANA AREA
[Tons/day]
VOC
emissions
Source category
Nonpoint ...............
Nonroad ................
Onroad ..................
Point ......................
2.59
1.05
1.73
1.38
NOX
emissions
0.25
1.13
4.78
1.01
TABLE 5—2014 TYPICAL SUMMER DAY
8-HOUR OZONE EMISSIONS FOR THE
JACKSON COUNTY, INDIANA AREA
[Tons/day]
Source category
Nonpoint ...............
Nonroad ................
Onroad ..................
Point ......................
Calcagni memo.
Frm 00049
VOC
emissions
Source category
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VOC
emissions
2.59
1.05
1.73
1.38
NOX
emissions
0.25
1.13
4.78
1.01
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Based on our review of the methods,
TABLE 6—2014 TYPICAL SUMMER DAY
8-HOUR OZONE EMISSIONS FOR THE models, and assumptions used by
Indiana to develop the VOC and NOX
MUNCIE, INDIANA AREA
[Tons/day]
VOC
emissions
Source category
Nonpoint ...............
Nonroad ................
Onroad ..................
Point ......................
NOX
emissions
5.21
1.26
3.48
0.02
1.56
1.62
8.32
0.36
estimates, we propose to find that the
Indiana 1997 8-hour ozone NAAQS
LMP areas include a comprehensive,
reasonably accurate inventory of actual
ozone precursor emissions in attainment
year 2014, and propose to conclude that
the plan’s inventory is acceptable for the
purposes of a subsequent maintenance
plan under CAA section 175A(b).
2. Maintenance Demonstration
TABLE 7—2014 TYPICAL SUMMER DAY
The maintenance plan demonstration
8-HOUR OZONE EMISSIONS FOR THE
requirement is considered to be satisfied
TERRE HAUTE, INDIANA AREA
in a LMP if the state can provide
[Tons/day]
Source category
VOC
emissions
Nonpoint ...............
Nonroad ................
Onroad ..................
Point ......................
NOX
emissions
5.40
1.64
3.23
1.70
1.76
1.37
6.06
10.44
Indiana used 2014 summer day
emissions from EPA 2014 version 7.0
modeling platform as the basis for the
attainment inventory. These data are
based on the most recently available
National Emissions Inventory (2014 NEI
version 2).
sufficient information indicating that air
quality in the area is well below the
level of the standard, that past air
quality trends have been shown to be
stable, and that the probability of the
area experiencing a violation over the
second 10-year maintenance period is
low.10 These criteria are evaluated
below with regard to the Indiana areas.
a. Evaluation of ozone air quality
levels.
To attain the 1997 8-hour ozone
NAAQS, the three-year average of the
fourth-highest daily maximum 8-hour
average ozone concentrations (design
value) at each monitor within an area
must not exceed 0.08 ppm. Based on the
rounding convention described in 40
CFR part 50, appendix I, the standard is
attained if the design value is 0.084 ppm
or below. Consistent with prior
guidance, EPA believes that if the most
recent air quality design value for the
area is at a level that is well below the
NAAQS (e.g., below 85% of the
standard, or in this case below 0.071
ppm), then EPA considers the state to
have met the section 175A requirement
for a demonstration that the area will
maintain the NAAQS for the requisite
period. Such a demonstration assumes
continued applicability of prevention of
significant deterioration requirements
and any control measures already in the
SIP, and that Federal measures will
remain in place through the end of the
second 10-year maintenance period.
Table 8 presents the design values for
each monitor in the Indiana areas over
the 2016–2018 period. These monitoring
sites have recorded levels well below
the level of the 1997 8-hour ozone
NAAQS over the entire first 10-year
maintenance period. As shown below,
the most current design values continue
to be below the level of 85% of the
NAAQS, consistent with prior LMP
guidance.
TABLE 8—1997 8-HOUR OZONE NAAQS DESIGN VALUES
[Parts per million]
Area
County
Evansville ......................................................
Vanderburgh .................................................
Vanderburgh .................................................
Warrick ..........................................................
Warrick ..........................................................
Allen ..............................................................
Allen ..............................................................
Greene ..........................................................
Jackson .........................................................
Delaware .......................................................
Vigo ...............................................................
Vigo ...............................................................
Fort Wayne ....................................................
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Greene County ..............................................
Jackson County .............................................
Muncie ...........................................................
Terre Haute ...................................................
AQS site ID
Design value
(DV)
2016–2018
181630013
181630021
181730008
181730011
180030002
180030004
180550001
180710001
180350010
181670018
181670024
0.068
0.068
0.069
0.068
0.067
0.066
0.067
0.066
0.066
0.068
0.067
DV <0.071 ppb
eligible LMP
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Therefore, the Evansville, Fort Wayne,
Greene County, Jackson County,
Muncie, and Terre Haute, Indiana areas
are eligible for the LMP option, and we
propose to find that the long record of
monitored ozone concentrations that
attain the NAAQS, together with the
continuation of existing VOC and NOX
emissions control programs, adequately
provide for the maintenance of the 1997
8-hour ozone NAAQS in the Indiana
areas through the second 10-year
maintenance period and beyond.
Additional supporting information
that these areas are expected to continue
to maintain the standard can be found
in EPA modeling projections of future
year design values. This modeling was
completed to assist states with
development of interstate transport SIPs
for the 2015 8-hour ozone NAAQS.
Those projections, made for the year
2023, show that the highest design value
for these areas occurs in the Greene
County area and is expected to be 0.064
ppm, which is well below the 1997 8hour ozone NAAQS.
10 ‘‘Limited Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas’’ from
Sally L. Shaver, Office of Air Quality Planning and
Standards (OAQPS), dated November 16, 1994;
‘‘Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas’’ from
Joseph Paisie, OAQPS, dated October 6, 1995; and
‘‘Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas’’ from Lydia Wegman,
OAQPS, dated August 9, 2001.
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3. Monitoring Network and Verification
of Continued Attainment
EPA periodically reviews the ozone
monitoring network that Indiana
operates and maintains, in accordance
with 40 CFR part 58. This network is
consistent with the ambient air
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monitoring network assessment and
plan developed by Indiana that is
submitted annually to EPA and that
follows a public notification and review
process. EPA has reviewed and
approved the Indiana’s 2019 Ambient
Air Monitoring Network Assessment
and Plan. Indiana has committed to
continue to maintain a network in
accordance with EPA requirements.
4. Contingency Plan
The contingency plan provisions are
designed to promptly correct or prevent
a violation of the NAAQS that might
occur after redesignation of an area to
attainment. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to assure that the
state will promptly correct a violation of
the NAAQS that occurs after
redesignation. The maintenance plan
should identify the contingency
measures to be adopted, a schedule and
procedure for adoption and
implementation of the contingency
measures, and a time limit for action by
the state. The state should also identify
specific indicators to be used to
determine when the contingency
measures need to be adopted and
implemented. The maintenance plan
must include a requirement that the
state will implement all pollution
control measures that were contained in
the SIP before redesignation of the area
to attainment. See section 175A(d) of
the CAA.
Indiana’s contingency plan defines a
warning level and action level response.
A warning level shall be prompted
whenever an annual average fourth high
monitored value of 0.089 ppm occurs in
a single ozone season, or a two-year
average fourth high monitored value of
0.085 ppm or greater occurs within the
maintenance area. The action level
response shall be prompted whenever a
three-year average fourth high
monitored value of 85 ppb or greater
occurs within the maintenance area. In
the event that the action level is
triggered and is not due to an
exceptional event, malfunction, or
noncompliance with a permit condition
or rule requirement, Indiana will
determine additional control measures
needed to assure future attainment of
NAAQS for ozone. In this case,
measures that can be implemented in a
short time will be selected in order to
be in place within 18 months from the
close of the ozone season that prompted
the action level.
Contingency measures to be
considered will be selected from a
comprehensive list of measures deemed
appropriate and effective at the time the
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selection is made. Listed below are
example measures that may be
considered. The selection of measures
will be based upon cost-effectiveness,
emission reduction potential, economic
and social considerations or other
factors that Indiana deems appropriate.
Indiana will solicit input from all
interested and affected persons in the
maintenance area prior to selecting
appropriate contingency measures. The
listed contingency measures are
potentially effective or proven methods
of obtaining significant reductions of
ozone precursor emissions. Because it is
not possible at this time to determine
what control measure will be
appropriate at an unspecified time in
the future, the list of contingency
measures outlined below is not
comprehensive. Indiana anticipates that
only a few of these measures will be
required.
(1) A lower-Reid vapor pressure
gasoline program.
(2) Broader geographic applicability of
existing measures.
(3) A tightening of reasonably
available control technology (RACT) on
existing sources covered by EPA Control
Technique Guidelines issued in
response to the 1990 CAA Amendments.
(4) The application of RACT to
smaller existing sources.
(5) A vehicle inspection/maintenance
program.
(6) One or more transportation control
measures sufficient to achieve at least
0.5% reduction in actual area wide VOC
emissions. Transportation measures will
be selected from the following, based
upon the factors listed above after
consultation with affected local
governments:
(a) Trip reduction programs,
including, but not limited to, employerbased transportation management plans,
area wide rideshare programs, work
schedule changes, and telecommuting.
(b) Transit improvements.
(c) Traffic flow improvements.
(d) Other new or innovative
transportation measures not yet in
widespread use that affects state and
local governments deemed appropriate.
(7) Alternative fuel and diesel retrofit
programs for fleet vehicle operations.
(8) Controls on consumer products
consistent with those adopted elsewhere
in the United States.
(9) The requirement of VOC or NOX
emission offsets for new and modified
major sources.
(10) The requirement of VOC or NOX
emission offsets for new and modified
minor sources.
EPA finds that Indiana’s contingency
measures, as well as the commitment to
continue implementing any SIP
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Fmt 4702
Sfmt 4702
requirements, satisfy the pertinent
requirements of section 175A.
IV. Transportation Conformity
Transportation conformity is required
by section 176(c) of the CAA.
Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the NAAQS (CAA
176(c)(1)(B)). EPA’s conformity rule at
40 CFR part 93 requires that
transportation plans, programs and
projects conform to SIPs and establish
the criteria and procedures for
determining whether or not they
conform. The conformity rule generally
requires a demonstration that emissions
from the Regional Transportation Plan
(RTP) and the Transportation
Improvement Program (TIP) are
consistent with the motor vehicle
emissions budget (MVEB) contained in
the control strategy SIP revision or
maintenance plan (40 CFR 93.101,
93.118, and 93.124). A MVEB is defined
as ‘‘that portion of the total allowable
emissions defined in the submitted or
approved control strategy
implementation plan revision or
maintenance plan for a certain date for
the purpose of meeting reasonable
further progress milestones or
demonstrating attainment or
maintenance of the NAAQS, for any
criteria pollutant or its precursors,
allocated to highway and transit vehicle
use and emissions (40 CFR 93.101).
Under the conformity rule, LMP areas
may demonstrate conformity without a
regional emission analysis (40 CFR
93.109(e)).
However, because LMP areas are still
maintenance areas, certain aspects of
transportation conformity
determinations still will be required for
transportation plans, programs and
projects. Specifically, for such
determinations, RTPs, TIPs and
transportation projects still will have to
demonstrate that they are fiscally
constrained (40 CFR 93.108), meet the
criteria for consultation (40 CFR 93.105)
and Transportation Control Measure
implementation in the conformity rule
provisions (40 CFR 93.112 and 40 CFR
93.113, respectively). Additionally,
conformity determinations for RTPs and
TIPs must be determined no less
frequently than every four years, and
conformity of plan and TIP amendments
and transportation projects is
demonstrated in accordance with the
timing requirements specified in 40 CFR
93.104. In addition, for projects to be
approved they must come from a
currently conforming RTP and TIP (40
CFR 93.114 and 93.115).
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V. Proposed Action
Under section 175A of the CAA and
for the reasons set forth above, EPA is
proposing to approve the LMPs for the
Evansville, Fort Wayne, Greene County,
Jackson County, Muncie, and Terre
Haute, Indiana areas for the 1997 8-hour
ozone NAAQS. These plans were
submitted by Indiana on April 25, 2019,
as a revision to the Indiana SIP. We
believe the 1997 8-hour ozone NAAQS
LMPs are sufficient to provide for
maintenance of the 1997 8-hour ozone
NAAQS in these areas over the second
maintenance period.
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
Act 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 proposed
action merely proposes to approve state
law as meeting federal requirements and
does not impose additional
requirements beyond those imposed by
state law. For that reason, this proposed
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because it is not a significant
regulatory action under Executive Order
12866;
• 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);
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• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Volatile organic
compounds.
Dated: August 6, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019–17665 Filed 8–16–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2019–0216; FRL–9998–44–
Region 5]
Air Plan Approval; Ohio; Second
Limited Maintenance Plans for 1997
Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Clean Air Act
(CAA), the Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of Ohio. On April
12, 2019, the state submitted the 1997
8-hour ozone national ambient air
quality standards (NAAQS or standard)
Limited Maintenance Plan (LMP) for the
Canton-Massillon (Stark County), Lima
(Allen County), and Toledo (Lucas and
Wood Counties) areas and the Ohio
portion of the Parkersburg-Marietta
[OH–WV] (Washington County),
Steubenville-Weirton [OH–WV]
(Jefferson County), Wheeling [OH–WV]
SUMMARY:
PO 00000
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Fmt 4702
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42881
(Belmont County), and YoungstownWarren-Sharon [OH–PA] (Columbiana,
Mahoning, and Trumbull Counties)
multi-state areas. EPA is proposing to
approve these Ohio LMPs because they
provide for the maintenance of the 1997
8-hour ozone NAAQS through the end
of the second 10-year portion of the
maintenance period. The effect of this
action would be to make certain
commitments related to maintenance of
the 1997 8-hour ozone NAAQS in these
areas federally enforceable as part of the
Ohio SIP.
DATES: Written comments must be
received at the address below on or
before September 18, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2019–0216 at https://
www.regulations.gov, or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to EPA.
Table of Contents
I. What action is EPA taking?
II. What is the background for these actions?
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]]>Agencies
[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Proposed Rules]
[Pages 42876-42881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17665]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0267; FRL-9998-45-Region 5]
Air Plan Approval; Indiana; Limited Maintenance Plan for 1997
Ozone NAAQS; Evansville, Fort Wayne, Greene County, Jackson County,
Muncie, and Terre Haute
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a submission from the State of Indiana as a state
implementation plan (SIP) revision in according with the Clean Air Act
(CAA). On April 25, 2019, the state submitted its 1997 8-hour ozone
national ambient air quality standards (NAAQS or standard) Limited
Maintenance Plan (LMP) for the following Indiana areas:] Evansville,
Fort Wayne, Greene County, Jackson County, Muncie, and Terre Haute. EPA
is proposing to approve the LMPs for these areas because they provide
for the maintenance of the 1997 8-hour ozone NAAQS through the end of
the second 10-year portion of the maintenance period. The effect of
this action would be to make federally enforceable certain commitments
related to maintenance of the 1997 8-hour ozone NAAQS in these areas as
part of the Indiana SIP.
DATES: Comments must be received on or before September 18, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0267 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we'',
``us'', and ``our'' refer to EPA.
Table of Contents
I. What action is EPA taking?
II. What is the background for these actions?
III. What is EPA's Evaluation of Indiana's SIP Submittals?
1. Attainment Emissions Inventory
2. Maintenance Demonstration
3. Monitoring Network and Verification of Continued Attainment
4. Contingency Plan
IV. Transportation Conformity
V. Proposed Action
[[Page 42877]]
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
Under the CAA, EPA is proposing to approve the 1997 8-hour ozone
NAAQS LMPs for the following Indiana areas: Evansville, Fort Wayne,
Greene County, Jackson County, Muncie, and Terre Haute. Indiana
submitted the LMPs on April 25, 2019.
These LMPs for the 1997 8-hour ozone NAAQS submitted by Indiana are
designed to maintain the 1997 8-hour ozone NAAQS through the end of the
second 10-year period beyond redesignation. We are proposing to approve
these LMPs because they meet all applicable requirements under CAA
sections 110 and 175A.
II. What is the background for these actions?
Ground-level ozone is formed when oxides of nitrogen
(NOX) and volatile organic compounds (VOC) react in the
presence of sunlight. These two pollutants, referred to as ozone
precursors, are emitted by many types of pollution sources, including
on-road and off-road motor vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints. Scientific evidence indicates that adverse public
health effects occur following exposure to ozone, particularly in
children and adults with lung disease. Breathing air containing ozone
can reduce lung function and inflame airways, which can increase
respiratory symptoms and aggravate asthma or other lung diseases.
Ozone exposure also has been associated with increased
susceptibility to respiratory infections, medication use, doctor
visits, and emergency department visits and hospital admissions for
individuals with lung disease. Ozone exposure also increases the risk
of premature death from heart or lung disease. Children are at
increased risk from exposure to ozone because their lungs are still
developing, and they are more likely to be active outdoors, which
increases their exposure.\1\
---------------------------------------------------------------------------
\1\ See ``Fact Sheet, Proposal to Revise the National Ambient
Air Quality Standards for Ozone,'' January 6, 2010 and 75 FR 2938
(January 19, 2010).
---------------------------------------------------------------------------
In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged
over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997,
EPA revised the primary and secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over
an 8-hour period. 62 FR 38856 (July 18, 1997).\2\ EPA set the 1997 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone
causes adverse health effects at lower concentrations and over longer
periods of time than was understood when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that the 1997 8-hour standard would be
more protective of human health, especially for children and adults who
are active outdoors, and individuals with a preexisting respiratory
disease, such as asthma.
---------------------------------------------------------------------------
\2\ In March 2008, EPA completed another review of the primary
and secondary ozone standards and tightened them further by lowering
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone standards and tightened them by lowering the
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
---------------------------------------------------------------------------
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 15, 2004, EPA designated the six Indiana
areas as nonattainment for the 1997 8-hour ozone NAAQS, and the
designations became effective on June 15, 2004. Under the CAA, states
are also required to adopt and submit SIPs to implement, maintain, and
enforce the NAAQS in designated nonattainment areas and throughout the
state.
When a nonattainment area has three years of complete, certified
air quality data that has been determined to attain the 1997 8-hour
ozone NAAQS, and the area has met other required criteria described in
section 107(d)(3)(E) of the CAA, the state can submit to EPA a request
to be redesignated to attainment, referred to as a ``maintenance
area''.\3\ These six Indiana areas have been redesignated to attainment
of the 1997 8-hour ozone NAAQS (70 FR 77026, 72 FR 1292, 70 FR 69085,
70 FR 69085, 70 FR 69443, 71 FR 541). One of the criteria for
redesignation is to have an approved maintenance plan under CAA section
175A. The maintenance plan must demonstrate that the area will continue
to maintain the standard for the period extending ten years after
redesignation and contain such additional measures as necessary to
ensure maintenance and such contingency provisions as necessary to
assure that violations of the standard will be promptly corrected. At
the end of the eighth year after the effective date of the
redesignation, the state must also submit a second maintenance plan to
ensure ongoing maintenance of the standard for an additional ten years.
See CAA section 175A.
---------------------------------------------------------------------------
\3\ Section 107(d)(3)(E) of the CAA sets out the requirements
for redesignation. They include attainment of the NAAQS, full
approval under section 110(k) of the applicable SIP, determination
that improvement in air quality is a result of permanent and
enforceable reductions in emissions, demonstration that the state
has met all applicable section 110 and part D requirements, and a
fully approved maintenance plan under CAA section 175A.
---------------------------------------------------------------------------
EPA has published long-standing guidance for states on developing
maintenance plans. EPA's guidance entitled, ``Procedures for Processing
Requests to Redesignate Areas to Attainment,'' September 4, 1992
(Calcagni memo) provides that states may generally demonstrate
maintenance by either performing air quality modeling to show that the
future mix of sources and emission rates will not cause a violation of
the NAAQS or by showing that future emissions of a pollutant and its
precursors will not exceed the level of emissions during a year when
the area was attaining the NAAQS (i.e., attainment year inventory). See
Calcagni memo at 9. EPA clarified in three subsequent guidance memos
that certain nonattainment areas could meet the CAA section 175A
requirement to provide for maintenance by demonstrating that the area's
design value \4\ was well below the NAAQS and that the historical
stability of the area's air quality levels showed that the area was
unlikely to violate the NAAQS in the future.\5\ EPA refers to this
streamlined demonstration of maintenance as an LMP. EPA has interpreted
CAA section 175A as permitting this option because section 175A of the
CAA defines few specific content requirements for maintenance plans,
and in EPA's experience implementing the various NAAQS, areas that
qualify for an LMP and have approved LMPs have rarely, if ever,
experienced subsequent violations of the NAAQS. As noted in the LMP
guidance memoranda, states seeking an LMP must still submit the other
maintenance plan elements outlined in the Calcagni memo, including: An
attainment emissions inventory,
[[Page 42878]]
provisions for the continued operation of the ambient air quality
monitoring network, verification of continued attainment, and a
contingency plan in the event of a future violation of the NAAQS.
Moreover, states seeking an LMP must still submit its section 175A
maintenance plan as a revision to its SIP, with all attendant notice
and comment procedures.
---------------------------------------------------------------------------
\4\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone nonattainment
area is the highest design value of any monitoring site in the area.
\5\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air
Quality Planning and Standards (OAQPS), dated November 16, 1994;
``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6,
1995; and ``Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS,
dated August 9, 2001.
---------------------------------------------------------------------------
While the LMP guidance memoranda were originally written with
respect to certain NAAQS,\6\ EPA has extended the LMP interpretation of
section 175A to other NAAQS and pollutants not specifically covered by
the previous guidance memos.\7\ In this case, EPA is proposing to
approve the Indiana LMPs, because the state has made a showing,
consistent with EPA's prior LMP guidance, that each of the six Indiana
area's ozone concentrations are well below the 1997 8-hour ozone NAAQS
and have been historically stable. Indiana has submitted LMPs for the
Evansville, Fort Wayne, Greene County, Jackson County, Muncie, and
Terre Haute, Indiana areas' 1997 8-hour ozone NAAQS maintenance area to
fulfill the second maintenance plan requirement in the CAA. Our
evaluation of these 1997 8-hour ozone NAAQS LMPs is presented below.
---------------------------------------------------------------------------
\6\ The prior memos addressed: Unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM10
(particulate matter with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment areas for the carbon monoxide
NAAQS.
\7\ See, e.g., 79 FR 41900 (July 18, 2014) (Approval of second
ten-year LMP for Grant County 1971 SO2 maintenance area).
---------------------------------------------------------------------------
Under CAA section 175A(b), states must submit a revision to the
first maintenance plan eight years after redesignation to provide for
maintenance of the NAAQS for ten additional years following the end of
the first 10-year period. EPA's final implementation rule for the 2008
8-hour ozone NAAQS revoked the 1997 8-hour ozone NAAQS and stated that
one consequence of revocation was that areas that had been redesignated
to attainment (i.e., maintenance areas) for the 1997 8-hour ozone
standard no longer needed to submit second 10-year maintenance plans
under CAA section 175A(b).\8\ In South Coast Air Quality Management
District v. EPA, the D.C. Circuit vacated EPA's interpretation that,
because of the revocation of the 1997 8-hour ozone standard, second
maintenance plans were not required for ``orphan maintenance areas,''
i.e., areas that had been redesignated to attainment for the 1997 8-
hour ozone NAAQS maintenance areas and were designated attainment for
the 2008 8-hour ozone NAAQS. South Coast, 882 F.3d 1138 (D.C. Cir.
2018). Thus, states with these ``orphan maintenance areas'' under the
1997 8-hour ozone NAAQS must submit maintenance plans for the second
maintenance period. Accordingly, on April 25, 2019, Indiana submitted a
second maintenance plan in the form of an LMP for the following Indiana
areas: Evansville, Fort Wayne, Greene County, Jackson County, Muncie,
and Terre Haute. These LMPs show that each area is expected to remain
in attainment of the 1997 8-hour ozone NAAQS through the end of the
last year of the second 10-year maintenance period, i.e., through the
end of the full 20-year maintenance period.
---------------------------------------------------------------------------
\8\ See 80 FR 12315 (March 6, 2015).
---------------------------------------------------------------------------
III. What is EPA's evaluation of Indiana's SIP submittals?
EPA has reviewed the 1997 8-hour ozone NAAQS LMPs which are
designed to maintain the 1997 8-hour ozone NAAQS within the Evansville,
Fort Wayne, Greene County, Jackson County, Muncie, and Terre Haute,
Indiana areas through the end of the 20-year period beyond
redesignation, as required under CAA section 175A(b). The following is
a summary of EPA's interpretation of the requirements \9\ and EPA's
evaluation of how each requirement is met.
---------------------------------------------------------------------------
\9\ See Calcagni memo.
---------------------------------------------------------------------------
1. Attainment Emissions Inventory
For maintenance plans, a state should develop a comprehensive,
accurate inventory of actual emissions for an attainment year to
identify the level of emissions which is sufficient to maintain the
NAAQS. A state should develop this inventory consistent with EPA's most
recent guidance on emissions inventory development. For ozone, the
inventory should be based on typical ozone season workday of VOCs and
NOX, as these pollutants are precursors to ozone formation.
The Indiana LMP's ozone attainment inventories reflect typical summer
weekday emissions in 2014. Table 1 through 7 present a summary of the
inventories for 2014 contained in the maintenance plans.
Table 1--2014 Typical Summer Day 8-Hour Ozone Emissions for the
Evansville, Indiana Area
[Tons/day]
------------------------------------------------------------------------
VOC NOX
Source category emissions emissions
------------------------------------------------------------------------
Nonpoint........................................ 10.57 2.99
Nonroad......................................... 2.83 3.03
Onroad.......................................... 6.93 11.73
Point........................................... 3.66 34.68
------------------------------------------------------------------------
Table 2--2014 Typical Summer Day 8-Hour Ozone Emissions for the Fort
Wayne, Indiana Area
[Tons/day]
------------------------------------------------------------------------
VOC NOX
Source category emissions emissions
------------------------------------------------------------------------
Nonpoint........................................ 15.67 2.94
Nonroad......................................... 5.76 5.38
Onroad.......................................... 10.57 21.48
Point........................................... 5.67 6.05
------------------------------------------------------------------------
Table 3--2014 Typical Summer Day 8-Hour Ozone Emissions for the Greene
County, Indiana Area
[Tons/day]
------------------------------------------------------------------------
VOC NOX
Source category emissions emissions
------------------------------------------------------------------------
Nonpoint........................................ 3.26 0.90
Nonroad......................................... 0.61 0.67
Onroad.......................................... 1.23 2.20
Point........................................... 0.06 0.07
------------------------------------------------------------------------
Table 4--2014 Typical Summer Day 8-Hour Ozone Emissions for the Jackson
County, Indiana Area
[Tons/day]
------------------------------------------------------------------------
VOC NOX
Source category emissions emissions
------------------------------------------------------------------------
Nonpoint........................................ 2.59 0.25
Nonroad......................................... 1.05 1.13
Onroad.......................................... 1.73 4.78
Point........................................... 1.38 1.01
------------------------------------------------------------------------
Table 5--2014 Typical Summer Day 8-Hour Ozone Emissions for the Jackson
County, Indiana Area
[Tons/day]
------------------------------------------------------------------------
VOC NOX
Source category emissions emissions
------------------------------------------------------------------------
Nonpoint........................................ 2.59 0.25
Nonroad......................................... 1.05 1.13
Onroad.......................................... 1.73 4.78
Point........................................... 1.38 1.01
------------------------------------------------------------------------
[[Page 42879]]
Table 6--2014 Typical Summer Day 8-Hour Ozone Emissions for the Muncie,
Indiana Area
[Tons/day]
------------------------------------------------------------------------
VOC NOX
Source category emissions emissions
------------------------------------------------------------------------
Nonpoint........................................ 5.21 1.56
Nonroad......................................... 1.26 1.62
Onroad.......................................... 3.48 8.32
Point........................................... 0.02 0.36
------------------------------------------------------------------------
Table 7--2014 Typical Summer Day 8-Hour Ozone Emissions for the Terre
Haute, Indiana Area
[Tons/day]
------------------------------------------------------------------------
VOC NOX
Source category emissions emissions
------------------------------------------------------------------------
Nonpoint........................................ 5.40 1.76
Nonroad......................................... 1.64 1.37
Onroad.......................................... 3.23 6.06
Point........................................... 1.70 10.44
------------------------------------------------------------------------
Indiana used 2014 summer day emissions from EPA 2014 version 7.0
modeling platform as the basis for the attainment inventory. These data
are based on the most recently available National Emissions Inventory
(2014 NEI version 2).
Based on our review of the methods, models, and assumptions used by
Indiana to develop the VOC and NOX estimates, we propose to
find that the Indiana 1997 8-hour ozone NAAQS LMP areas include a
comprehensive, reasonably accurate inventory of actual ozone precursor
emissions in attainment year 2014, and propose to conclude that the
plan's inventory is acceptable for the purposes of a subsequent
maintenance plan under CAA section 175A(b).
2. Maintenance Demonstration
The maintenance plan demonstration requirement is considered to be
satisfied in a LMP if the state can provide sufficient information
indicating that air quality in the area is well below the level of the
standard, that past air quality trends have been shown to be stable,
and that the probability of the area experiencing a violation over the
second 10-year maintenance period is low.\10\ These criteria are
evaluated below with regard to the Indiana areas.
---------------------------------------------------------------------------
\10\ ``Limited Maintenance Plan Option for Nonclassifiable Ozone
Nonattainment Areas'' from Sally L. Shaver, Office of Air Quality
Planning and Standards (OAQPS), dated November 16, 1994; ``Limited
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas''
from Joseph Paisie, OAQPS, dated October 6, 1995; and ``Limited
Maintenance Plan Option for Moderate PM10 Nonattainment
Areas'' from Lydia Wegman, OAQPS, dated August 9, 2001.
---------------------------------------------------------------------------
a. Evaluation of ozone air quality levels.
To attain the 1997 8-hour ozone NAAQS, the three-year average of
the fourth-highest daily maximum 8-hour average ozone concentrations
(design value) at each monitor within an area must not exceed 0.08 ppm.
Based on the rounding convention described in 40 CFR part 50, appendix
I, the standard is attained if the design value is 0.084 ppm or below.
Consistent with prior guidance, EPA believes that if the most recent
air quality design value for the area is at a level that is well below
the NAAQS (e.g., below 85% of the standard, or in this case below 0.071
ppm), then EPA considers the state to have met the section 175A
requirement for a demonstration that the area will maintain the NAAQS
for the requisite period. Such a demonstration assumes continued
applicability of prevention of significant deterioration requirements
and any control measures already in the SIP, and that Federal measures
will remain in place through the end of the second 10-year maintenance
period.
Table 8 presents the design values for each monitor in the Indiana
areas over the 2016-2018 period. These monitoring sites have recorded
levels well below the level of the 1997 8-hour ozone NAAQS over the
entire first 10-year maintenance period. As shown below, the most
current design values continue to be below the level of 85% of the
NAAQS, consistent with prior LMP guidance.
Table 8--1997 8-Hour Ozone NAAQS Design Values
[Parts per million]
----------------------------------------------------------------------------------------------------------------
Design value
Area County AQS site ID (DV) 2016- DV <0.071 ppb eligible
2018 LMP
----------------------------------------------------------------------------------------------------------------
Evansville....................... Vanderburgh........ 181630013 0.068 Yes.
Vanderburgh........ 181630021 0.068 Yes.
Warrick............ 181730008 0.069 Yes.
Warrick............ 181730011 0.068 Yes.
Fort Wayne....................... Allen.............. 180030002 0.067 Yes.
Allen.............. 180030004 0.066 Yes.
Greene County.................... Greene............. 180550001 0.067 Yes.
Jackson County................... Jackson............ 180710001 0.066 Yes.
Muncie........................... Delaware........... 180350010 0.066 Yes.
Terre Haute...................... Vigo............... 181670018 0.068 Yes.
Vigo............... 181670024 0.067 Yes.
----------------------------------------------------------------------------------------------------------------
Therefore, the Evansville, Fort Wayne, Greene County, Jackson
County, Muncie, and Terre Haute, Indiana areas are eligible for the LMP
option, and we propose to find that the long record of monitored ozone
concentrations that attain the NAAQS, together with the continuation of
existing VOC and NOX emissions control programs, adequately
provide for the maintenance of the 1997 8-hour ozone NAAQS in the
Indiana areas through the second 10-year maintenance period and beyond.
Additional supporting information that these areas are expected to
continue to maintain the standard can be found in EPA modeling
projections of future year design values. This modeling was completed
to assist states with development of interstate transport SIPs for the
2015 8-hour ozone NAAQS. Those projections, made for the year 2023,
show that the highest design value for these areas occurs in the Greene
County area and is expected to be 0.064 ppm, which is well below the
1997 8-hour ozone NAAQS.
3. Monitoring Network and Verification of Continued Attainment
EPA periodically reviews the ozone monitoring network that Indiana
operates and maintains, in accordance with 40 CFR part 58. This network
is consistent with the ambient air
[[Page 42880]]
monitoring network assessment and plan developed by Indiana that is
submitted annually to EPA and that follows a public notification and
review process. EPA has reviewed and approved the Indiana's 2019
Ambient Air Monitoring Network Assessment and Plan. Indiana has
committed to continue to maintain a network in accordance with EPA
requirements.
4. Contingency Plan
The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to assure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all pollution control measures that were contained in the SIP
before redesignation of the area to attainment. See section 175A(d) of
the CAA.
Indiana's contingency plan defines a warning level and action level
response. A warning level shall be prompted whenever an annual average
fourth high monitored value of 0.089 ppm occurs in a single ozone
season, or a two-year average fourth high monitored value of 0.085 ppm
or greater occurs within the maintenance area. The action level
response shall be prompted whenever a three-year average fourth high
monitored value of 85 ppb or greater occurs within the maintenance
area. In the event that the action level is triggered and is not due to
an exceptional event, malfunction, or noncompliance with a permit
condition or rule requirement, Indiana will determine additional
control measures needed to assure future attainment of NAAQS for ozone.
In this case, measures that can be implemented in a short time will be
selected in order to be in place within 18 months from the close of the
ozone season that prompted the action level.
Contingency measures to be considered will be selected from a
comprehensive list of measures deemed appropriate and effective at the
time the selection is made. Listed below are example measures that may
be considered. The selection of measures will be based upon cost-
effectiveness, emission reduction potential, economic and social
considerations or other factors that Indiana deems appropriate. Indiana
will solicit input from all interested and affected persons in the
maintenance area prior to selecting appropriate contingency measures.
The listed contingency measures are potentially effective or proven
methods of obtaining significant reductions of ozone precursor
emissions. Because it is not possible at this time to determine what
control measure will be appropriate at an unspecified time in the
future, the list of contingency measures outlined below is not
comprehensive. Indiana anticipates that only a few of these measures
will be required.
(1) A lower-Reid vapor pressure gasoline program.
(2) Broader geographic applicability of existing measures.
(3) A tightening of reasonably available control technology (RACT)
on existing sources covered by EPA Control Technique Guidelines issued
in response to the 1990 CAA Amendments.
(4) The application of RACT to smaller existing sources.
(5) A vehicle inspection/maintenance program.
(6) One or more transportation control measures sufficient to
achieve at least 0.5% reduction in actual area wide VOC emissions.
Transportation measures will be selected from the following, based upon
the factors listed above after consultation with affected local
governments:
(a) Trip reduction programs, including, but not limited to,
employer-based transportation management plans, area wide rideshare
programs, work schedule changes, and telecommuting.
(b) Transit improvements.
(c) Traffic flow improvements.
(d) Other new or innovative transportation measures not yet in
widespread use that affects state and local governments deemed
appropriate.
(7) Alternative fuel and diesel retrofit programs for fleet vehicle
operations.
(8) Controls on consumer products consistent with those adopted
elsewhere in the United States.
(9) The requirement of VOC or NOX emission offsets for
new and modified major sources.
(10) The requirement of VOC or NOX emission offsets for
new and modified minor sources.
EPA finds that Indiana's contingency measures, as well as the
commitment to continue implementing any SIP requirements, satisfy the
pertinent requirements of section 175A.
IV. Transportation Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's
conformity rule at 40 CFR part 93 requires that transportation plans,
programs and projects conform to SIPs and establish the criteria and
procedures for determining whether or not they conform. The conformity
rule generally requires a demonstration that emissions from the
Regional Transportation Plan (RTP) and the Transportation Improvement
Program (TIP) are consistent with the motor vehicle emissions budget
(MVEB) contained in the control strategy SIP revision or maintenance
plan (40 CFR 93.101, 93.118, and 93.124). A MVEB is defined as ``that
portion of the total allowable emissions defined in the submitted or
approved control strategy implementation plan revision or maintenance
plan for a certain date for the purpose of meeting reasonable further
progress milestones or demonstrating attainment or maintenance of the
NAAQS, for any criteria pollutant or its precursors, allocated to
highway and transit vehicle use and emissions (40 CFR 93.101).
Under the conformity rule, LMP areas may demonstrate conformity
without a regional emission analysis (40 CFR 93.109(e)).
However, because LMP areas are still maintenance areas, certain
aspects of transportation conformity determinations still will be
required for transportation plans, programs and projects. Specifically,
for such determinations, RTPs, TIPs and transportation projects still
will have to demonstrate that they are fiscally constrained (40 CFR
93.108), meet the criteria for consultation (40 CFR 93.105) and
Transportation Control Measure implementation in the conformity rule
provisions (40 CFR 93.112 and 40 CFR 93.113, respectively).
Additionally, conformity determinations for RTPs and TIPs must be
determined no less frequently than every four years, and conformity of
plan and TIP amendments and transportation projects is demonstrated in
accordance with the timing requirements specified in 40 CFR 93.104. In
addition, for projects to be approved they must come from a currently
conforming RTP and TIP (40 CFR 93.114 and 93.115).
[[Page 42881]]
V. Proposed Action
Under section 175A of the CAA and for the reasons set forth above,
EPA is proposing to approve the LMPs for the Evansville, Fort Wayne,
Greene County, Jackson County, Muncie, and Terre Haute, Indiana areas
for the 1997 8-hour ozone NAAQS. These plans were submitted by Indiana
on April 25, 2019, as a revision to the Indiana SIP. We believe the
1997 8-hour ozone NAAQS LMPs are sufficient to provide for maintenance
of the 1997 8-hour ozone NAAQS in these areas over the second
maintenance period.
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 Act 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
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant regulatory
action under Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: August 6, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019-17665 Filed 8-16-19; 8:45 am]
BILLING CODE 6560-50-P
