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41658 Federal Register / Vol. 72, No.

146 / Tuesday, July 31, 2007 / Proposed Rules

INFORMATION CONTACT section to view ENVIRONMENTAL PROTECTION Environmental Protection Agency, 77

the hard copy of the docket. You may AGENCY West Jackson Boulevard, Chicago,
view the hard copy of the docket Illinois. Such deliveries are only
Monday through Friday, 8 a.m. to 4 40 CFR Parts 52 and 81 accepted during the Regional Office’s
p.m., excluding federal holidays. [EPA–R05–OAR–2007–0173; FRL–8448–1] normal hours of operation, and special
FOR FURTHER INFORMATION CONTACT: For arrangements should be made for
Arizona issues, contact Wienke Tax, Determination of Attainment, Approval deliveries of boxed information. The
Office of Air Planning, U.S. and Promulgation of Implementation Regional Office’s official hours of
Environmental Protection Agency, Plans and Designation of Areas for Air operation are Monday through Friday,
Region IX, (520) 622–1622, e-mail: Quality Planning Purposes; Indiana; 8:30 a.m. to 4:30 p.m., excluding For Nevada issues, Redesignation of Central Indiana To Federal holidays.
contact Karina O’Connor, Office of Air Attainment of the 8-Hour Ozone Instructions: Direct your comments to
Planning, U.S. Environmental Standard Docket ID No. EPA–R05–OAR–2007–
Protection Agency, Region IX, (775) 0173. EPA’s policy is that all comments
AGENCY: Environmental Protection received will be included in the public
Agency (EPA). docket without change and may be
SUPPLEMENTARY INFORMATION: made available online at http://
ACTION: Proposed rule.
Throughout this document, wherever, including any
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean SUMMARY: On March 26, 2007, the personal information provided, unless
the EPA. Indiana Department of Environmental the comment includes information
EPA is proposing to approve state Management (IDEM) submitted a claimed to be Confidential Business
implementation plans submitted by the request for EPA approval of a Information (CBI) or other information
States of Arizona and Nevada that redesignation of Boone, Hamilton, whose disclosure is restricted by statute.
address interstate transport with respect Hancock, Hendricks, Johnson, Madison, Do not submit information that you
to the 8-hour ozone and fine particulate Marion, Morgan, and Shelby Counties consider to be CBI, or otherwise
matter national ambient air quality (the Central Indiana Area) to attainment protected, through
standards. In so doing, EPA has of the 8-hour ozone National Ambient or e-mail. The
determined that the plans submitted by Air Quality Standard (NAAQS). IDEM Web site is an ‘‘anonymous access’’
Arizona and Nevada and approved also requested EPA approval of an system, which means EPA will not
herein satisfy requirements under Clean ozone maintenance plan for this area as know your identity or contact
Air Act section 110(a)(2)(D)(i) for each a revision of the Indiana State information unless you provide it in the
State to submit a plan containing Implementation Plan (SIP). EPA body of your comment. If you send an
adequate provisions to prohibit proposes to determine that the Central e-mail comment directly to EPA without
interstate transport with respect to the Indiana Area has attained the 8-hour going through,
standards for 8-hour ozone and fine ozone NAAQS. EPA proposes to your e-mail address will be
particulate matter. The effect of this approve Indiana’s request to redesignate automatically captured and included as
proposal would be to approve the the Central Indiana Area to attainment part of the comment that is placed in the
Arizona and Nevada state of the 8-hour ozone NAAQS and to public docket and made available on the
implementation plans addressing approve the State’s ozone maintenance Internet. If you submit an electronic
interstate transport with respect to the plan for this area as a revision of the comment, EPA recommends that you
8-hour ozone and fine particulate Indiana SIP. Finally, EPA proposes to include your name and other contact
standards and to eliminate obligations approve Volatile Organic Compounds information in the body of your
on the Agency to promulgate Federal (VOC) and Nitrogen Oxides (NOX) comment and with any disk or CD–ROM
Implementation Plans for these States Motor Vehicle Emission Budgets you submit. If EPA cannot read your
addressing this same requirement. (MVEBs) for the Central Indiana Area, as comment due to technical difficulties
In the Rules and Regulations section supported by the ozone maintenance and cannot contact you for clarification,
of this Federal Register, we are taking plan for this area, for purposes of EPA may not be able to consider your
direct final action to take these actions transportation conformity comment. Electronic files should avoid
because we believe that they are not determinations. the use of special characters and any
controversial. If we receive adverse form of encryption, and should be free
DATES: Comments must be received on of any defects or viruses. For additional
comments, however, we will publish a
or before August 30, 2007. instructions on submitting comments,
timely withdrawal of the direct final
rule and address the comments in ADDRESSES: Submit your comments, go to section I of the SUPPLEMENTARY
subsequent action based on this identified by Docket ID No. EPA–R05– INFORMATION section of this document.
proposed rule. We do not plan to open OAR–2007–0173, by one of the Docket: All documents in the docket
a second comment period, so anyone following methods: are listed in the
interested in commenting should do so • Follow index. Although listed in the index,
at this time. If we do not receive the on-line instructions for submitting some information is not publicly
comments, no further activity is comments. available, e.g., CBI or other information
planned. For further information on this • E-mail: whose disclosure is restricted by statute.
proposal and the rationale underlying • Fax: (312) 886–5824. Certain other material, such as
our proposed action, please see the • Mail: John M. Mooney, Chief, copyrighted material, will be publicly
direct final rule. Criteria Pollutant Section, Air Programs available only in hardcopy. Publicly
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Branch (AR–18J), U.S. Environmental available docket materials are available

Dated: June 11, 2007. Protection Agency, 77 West Jackson either electronically in
Laura Yoshii, Boulevard, Chicago, Illinois 60604. or in hardcopy at
Acting Regional Administrator, Region IX. • Hand Delivery: John M. Mooney, the Environmental Protection Agency,
[FR Doc. E7–14475 Filed 7–30–07; 8:45 am] Chief, Criteria Pollutant Section, Air Region 5, Air and Radiation Division, 77
BILLING CODE 6560–50–P Programs Branch (AR–18J), U.S. West Jackson Boulevard, Chicago,

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Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Proposed Rules 41659

Illinois 60604. This facility is open from Plan Pursuant to Section 175A of the ppm) (80 parts per billion (ppb)).1 This
8:30 a.m. to 4:30 p.m., Monday through CAA? 8-hour ozone standard replaced a prior
Friday, excluding Federal holidays. It is 1. What Is Required in an Ozone 1-hour ozone NAAQS, which was
recommended that you telephone Maintenance Plan? promulgated on February 8, 1979 (44 FR
2. What Are the Attainment Emission
Edward Doty, Environmental Scientist, Inventories for the Central Indiana Area?
8202), and which EPA revoked on June
at (312) 886–6057, before visiting the a. Point Sources 15, 2005 (69 FR 23858).
Region 5 office. b. Area Sources Ground-level ozone is generally not
FOR FURTHER INFORMATION CONTACT: c. On-Road Mobile Sources emitted directly by emission sources.
Edward Doty, Environmental Scientist, d. Non-Road Mobile Sources Rather, emitted NOX and VOC react in
Criteria Pollutant Section, Air Programs 3. Has the State Demonstrated Maintenance the presence of sunlight to form ground-
Branch (AR–18J), Environmental of the Ozone Standard in the Central level ozone along with other secondary
Indiana Area? compounds. NOX and VOC are referred
Protection Agency, Region 5, 77 West
4. What Is the Contingency Plan for the to as ‘‘ozone precursors.’’ Control of
Jackson Boulevard, Chicago, Illinois Central Indiana Area?
60604, (312) 886–6057, ground-level ozone concentrations is
5. Has the State Committed to Update the achieved through controlling VOC and Ozone Maintenance Plan in Eight Years
After the Redesignation of the Central
NOX emissions.
SUPPLEMENTARY INFORMATION: Section 107 of the CAA requires EPA
Throughout this proposed rule Indiana Area to Attainment of the 8-Hour
Ozone NAAQS? to designate as nonattainment any area
whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, that violates the 8-hour ozone NAAQS.
V. Has the State Adopted Acceptable Motor
we mean the EPA. This supplementary Vehicle Emissions Budgets for the End A Federal Register notice promulgating
information section is arranged as Year of the Ozone Maintenance Period 8-hour ozone designations and
follows: Which Can Be Used to Support classifications was published on April
I. What Action is EPA Proposing to Take? Conformity Determinations? 30, 2004 (69 FR 23857).
II. What is the Background for This Action? A. How Are the Motor Vehicle Emission The CAA contains two sets of
A. General Background Information Budgets Developed, and What Are the
B. What is the Impact of December 22, provisions—subpart 1 and subpart 2—
Motor Vehicle Emission Budgets for the
2006, and June 8, 2007, United States that address planning and emission
Central Indiana Area?
Court of Appeals Decisions Regarding B. Are the MVEBs Approvable? control requirements for nonattainment
EPA’s Phase 1 Implementation Rule? VI. What Are the Effects of EPA’s Proposed areas. Both are found in title I, part D
1. Summary of Court Decision Actions? of the CAA. Subpart 1 contains general,
2. Requirements Under the 8-Hour Ozone VII. Statutory and Executive Order Reviews less prescriptive requirements for all
Standard nonattainment areas for any pollutant
3. Requirements Under the 1-Hour Ozone I. What Action Is EPA Proposing to governed by a NAAQS. Subpart 2
Standard Take? contains more specific requirements for
III. What are the Criteria for Redesignations
to Attainment? We are proposing to take several certain ozone nonattainment areas, and
IV. What Are EPA’s Analyses and Opinions related actions for the Central Indiana applies to ozone nonattainment areas
of the State’s Requests and What Are the Area (Boone, Hamilton, Hancock, classified under section 181 of the CAA.
Bases for EPA’s Proposed Action? Hendricks, Johnson, Madison, Marion, In the April 30, 2004, designation
A. Has the Central Indiana Area Attained Morgan, and Shelby Counties). First, we rulemaking, EPA divided 8-hour ozone
the 8-Hour Ozone NAAQS? are proposing to determine that this area nonattainment areas into the categories
B. Has the State of Indiana Committed to has attained the 8-hour ozone NAAQS. of subpart 1 nonattainment (‘‘basic’’
Maintain the Ozone Monitoring System Second, we are proposing to approve nonattainment) and subpart 2
in the Central Indiana Area? Indiana’s ozone maintenance plan for nonattainment (‘‘classified’’
C. Have the Central Indiana Area and the
this area as a revision of the Indiana SIP. nonattainment). EPA based this division
State of Indiana Met All of the
Applicable Requirements of Section 110 The maintenance plan is designed to on the areas’ 8-hour ozone design values
and Part D of the Clean Air Act, and keep this area in attainment of the 8- (i.e., on the three-year averages of the
Does the Central Indiana Area Have a hour ozone NAAQS through 2020. annual fourth-highest daily maximum 8-
Fully Approved SIP Under Section Third, as supported by and consistent hour ozone concentrations at the worst-
110(k) of the Clean Air Act? with the ozone maintenance plan, we case monitoring sites in the designated
1. The Central Indiana Area Has Met All are proposing to approve the 2006 and areas) and on their 1-hour ozone design
Applicable Requirements of Section 110 2020 VOC and NOX MVEBs (54.32 tons values (i.e., on the fourth-highest daily
and Part D of the Clean Air Act maximum 1-hour ozone concentrations
VOC/day and 106.19 tons NOX/day in
a. Section 110 and General SIP
2006, and 29.52 tons VOC/day and over the three-year period at the worst-
b. Part D SIP Requirements 35.69 tons NOX/day in 2020) for the case monitoring sites in the designated
c. Part D, Subpart 1 SIP Requirements nine counties in the Central Indiana areas) 2 using ozone data from the
d. Section 176 Conformity Requirements Area for transportation conformity period of 2001–2003. EPA classified 8-
e. Part D New Source Review (NSR) determination purposes. Finally, we are hour ozone nonattainment areas with 1-
Requirements proposing to approve the redesignation hour ozone design values equaling or
2. The Central Indiana Area Has a Fully of the Central Indiana Area to
Approved SIP Under Section 110(k) of attainment of the 8-hour ozone NAAQS. 1 This standard is violated in an area when any
the Clean Air Act (CAA) ozone monitor in the area (or in its nearby
D. Are the Air Quality Improvements in the II. What Is the Background for This downwind environs) records 8-hour ozone
Central Indiana Area Due to Permanent Action? concentrations with a three-year average of the
and Enforceable Emission Reductions annual fourth-highest daily maximum 8-hour ozone
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Resulting from the Implementation of the A. General Background Information concentrations equaling or exceeding 85 ppb. See
40 CFR 50.10.
Indiana SIP and Applicable Federal Air EPA has determined that ground-level 2 The 8-hour ozone design value and the 1-hour
Pollution Control Regulations and Other
ozone is detrimental to human health. ozone design value for each area were not
Permanent and Enforceable Emission necessarily recorded at the same monitoring site.
Reductions? On July 18, 1997, EPA promulgated an
The worst-case monitoring site for each ozone
E. Does the Central Indiana Area Have a 8-hour ozone NAAQS (62 FR 38856) of concentration averaging time was considered for
Fully Approvable Ozone Maintenance 0.08 parts per million parts of air (0.08 each area.

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41660 Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Proposed Rules

exceeding 121 ppb as subpart 2, fees for 1-hour severe and extreme under subpart 1 and was obligated to
classified nonattainment areas. EPA nonattainment areas; and, (3) measures meet only subpart 1 requirements.
classified all other 8-hour to be implemented pursuant to section Under EPA’s longstanding
nonattainment areas as subpart 1, basic 172(c)(9) or 182(c)(9) of the CAA, on the interpretation of section 107(d)(3)(E) of
nonattainment areas. The basis for area contingency of an area not making the CAA, to qualify for redesignation,
classification was defined in a separate reasonable further progress toward states requesting redesignation to
April 30, 2004, final rule (the Phase 1 attainment of the 1-hour NAAQS, or for attainment must meet only the relevant
implementation rule) (69 FR 23951). In failure to attain that NAAQS. In SIP requirements that came due prior to
the April 30, 2004, ozone designation/ addition, the June 8th decision clarified the submittal of a complete
classification rulemaking, EPA that the Court’s reference to conformity redesignation request. September 4,
designated the Central Indiana Area, as requirements for anti-backsliding 1992, Calcagni memorandum
a subpart 1, basic nonattainment area for purposes was limited to requiring the (‘‘Procedures for Processing Requests to
the 8-hour ozone NAAQS. continued use of 1-hour motor vehicle Redesignate Areas to Attainment,’’
On March 26, 2007, the State of emission budgets until 8-hour budgets Memorandum from John Calcagni,
Indiana requested redesignation of the are available for 8-hour conformity Director, Air Quality Management
Central Indiana Area to attainment of determinations, which is already Division). See also September 17, 1993,
the 8-hour ozone NAAQS based on required under EPA’s conformity Michael Shapiro memorandum, 60 FR
ozone data collected in this area during regulations. The Court, thus, clarified 12459, 12465–66 (March 7, 1995)
the period of 2004–2006. that 1-hour conformity determinations (redesignation of Detroit-Ann Arbor),
are not required for anti-backsliding and Sierra Club v. EPA, 375 F.3d 537
B. What Is the Impact of December 22, purposes. (7th Cir. 2004), which upheld this
2006, and June 8, 2007, United States This section sets forth EPA’s views on interpretation. See, e.g. also 68 FR
Court of Appeals Decisions Regarding the potential effect of the Court’s rulings 25418, 25424, 25427 (May 12, 2003)
EPA’s Phase 1 Implementation Rule? on this proposed redesignation action. (redesignation of St. Louis).
1. Summary of Court Decision For the reasons set forth below, EPA Moreover, it would be inequitable to
does not believe that the Court’s rulings retroactively apply any new SIP
On December 22, 2006, the U.S. Court
alter any requirements relevant to this requirements that were not applicable at
of Appeals for the District of Columbia
redesignation action so as to preclude the time the redesignation request was
Circuit (D.C. Circuit) vacated EPA’s redesignation, and do not prevent EPA submitted. The DC Circuit has
Phase 1 implementation rule for the 8- from proposing or ultimately finalizing recognized the inequity in such
hour ozone standard (69 FR 23951, this redesignation. EPA believes that the retroactive rulemaking. See Sierra Club
April 30, 2004). South Coast Air Quality Court’s December 22, 2006, and June 8, v. Whitman, 285 F.3d 63 (DC Cir. 2002),
Management Dist. v. EPA, 472 F.3d 882 2007, decisions impose no impediment in which the DC Circuit upheld a
(DC Cir. 2006). On June 8, 2007, in to moving forward with redesignation of District Court’s ruling refusing to make
South Coast Air Quality Management this area to attainment, because even in retroactive an EPA determination of
Dist. v. EPA, Docket No. 04–1201, in light of the Court’s decisions, nonattainment that was past the
response to several petitions for redesignation is appropriate under the statutory due date. Such a
rehearing, the DC Circuit clarified that relevant redesignation provisions of the determination would have resulted in
the Phase 1 rule was vacated only with CAA and longstanding policies the imposition of additional
regard to those parts of the rule that had regarding redesignation requests. requirements on the area. The Court
been successfully challenged. Therefore, stated: ‘‘Although EPA failed to make
the Phase 1 rule provisions related to 2. Requirements Under the 8-Hour
the nonattainment determination within
classifications for areas currently Ozone Standard
the statutory timeframe, Sierra Club’s
classified under subpart 2 of title I, part With respect to the 8-hour ozone proposed solution only makes the
D of the CAA as 8-hour nonattainment standard, EPA notes that the Court’s situation worse. Retroactive relief would
areas, the 8-hour attainment dates and ruling rejected EPA’s reasons for likely impose large costs on the States,
the timing of emissions reductions classifying areas under subpart 1 for the which would face fines and suits for not
needed for attainment of the 8-hour 8-hour ozone standard, and remanded implementing air pollution prevention
ozone NAAQS remain effective. The that matter to the EPA. Consequently, it plans in 1997, even though they were
June 8th decision left intact the Court’s is possible that the Central Indiana Area not on notice at the time.’’ Id. at 68.
rejection of EPA’s reasons for could, during a remand to EPA, be Similarly, here it would be unfair to
implementing the 8-hour standard in reclassified under subpart 2. Although penalize the area by applying to it, for
certain nonattainment areas under any future decision by EPA to classify purposes of redesignation, additional
subpart 1 in lieu of subpart 2. By this area under subpart 2 might trigger SIP requirements under subpart 2 that
limiting the vacatur, the Court let stand additional future requirements for this were not in effect at the time the State
EPA’s revocation of the 1-hour ozone area, EPA believes that this does not submitted its redesignation request.
standard and those anti-backsliding mean that redesignation of the area
provisions of the Phase 1 rule that had cannot now go forward. This belief is 3. Requirements Under the 1-Hour
not been successfully challenged. The based upon (1) EPA’s longstanding Ozone Standard
June 8th decision reaffirmed the policy of evaluating redesignation With respect to the requirements
December 22, 2006, decision that EPA requests in accordance with the under the 1-hour ozone standard, we
had improperly failed to retain requirements due at the time the note that the Central Indiana Area was
measures required for 1-hour redesignation request is submitted; and, made up of two types of areas relative
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nonattainment areas under the anti- (2) consideration of the inequity of to the 1-hour ozone standard at the time
backsliding provisions of the applying retroactively any future the 8-hour ozone standard was
regulations: (1) Nonattainment area New requirements. promulgated. First, Marion County was
Source Review (NSR) requirements First, at the time the redesignation an ozone maintenance area, having been
based on an area’s 1-hour nonattainment request was submitted by the State, the previously designated as a
classification; (2) section 185 penalty Central Indiana Area was classified nonattainment area under the 1-hour

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Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Proposed Rules 41661

ozone standard and having preclude EPA from finalizing the IV. What Are EPA’s Analyses and
subsequently been redesignated to redesignation of this area. Opinions of the State’s Requests and
attainment of the 1-hour ozone What Are the Bases for EPA’s Proposed
standard. Second, all remaining III. What Are the Criteria for Action?
Counties in the Central Indiana Area Redesignations to Attainment?
EPA is proposing to: (1) Determine
were designated as attainment/ The CAA provides the basic that the Central Indiana Area has
unclassifiable areas under the 1-hour requirements for redesignating a attained the 8-hour ozone standard; (2)
ozone standard, having never been
nonattainment area to attainment. approve the ozone maintenance plan for
designated as 1-hour ozone
Specifically, section 107(d)(3)(E) of the the Central Indiana Area and the VOC
nonattainment areas. The Court’s ruling
CAA authorizes the EPA to redesignate and NOX MVEBs supported by the
on EPA’s Phase 1 rule does not impact
an area to attainment of the NAAQS maintenance plan; and, (3) approve the
redesignation requests for either of these
provided that: (1) The Administrator redesignation of the Central Indiana
types of areas.
First, because Boone, Hamilton, determines that the area has attained the Area to attainment of the 8-hour ozone
Hancock, Hendricks, Johnson, Madison, applicable NAAQS based on current air NAAQS. The bases for our proposed
Morgan, and Shelby Counties were quality data; (2) the Administrator has determination and approvals follow.
designated as attainment/unclassifiable fully approved an applicable SIP for the A. Has the Central Indiana Area
under the 1-hour ozone standard, and area under section 110(k) of the CAA; Attained the 8-Hour Ozone NAAQS?
were never designated nonattainment (3) the Administrator determines that
for the 1-hour ozone standard, there are the improvement in air quality is due to For ozone, an area may be considered
no outstanding 1-hour ozone to be attaining the 8-hour ozone NAAQS
permanent and enforceable emission
nonattainment requirements that these if there are no violations of the NAAQS,
reductions resulting from
counties would be required to meet. as determined in accordance with 40
implementation of the applicable SIP,
Thus, we find that the Court’s ruling CFR 50.10 and appendix I, based on the
Federal air pollution control
does not result in any additional 1-hour most recent three complete, consecutive
regulations, and other permanent and calendar years of quality-assured air
requirements for purposes of enforceable emission reductions; (4) the
redesignation. quality monitoring data at all ozone
Administrator has fully approved a monitoring sites in the area and in its
Second, with respect to the 1-hour maintenance plan for the area meeting
ozone standard requirements for Marion nearby downwind environs. To attain
the requirements of section 175A of the this standard, the average of the annual
County, this area was an attainment area
CAA; and, (5) the State containing the fourth-high daily maximum 8-hour
subject to a Clean Air Act section 175A
area has met all requirements applicable average ozone concentrations measured
maintenance plan under the 1-hour
ozone standard. The Court’s decisions to the area under section 110 and part and recorded at each monitor (the
do not impact redesignation requests for D of the CAA. monitoring site’s ozone design value)
these types of areas, except to the extent EPA provided guidance on within the area and in its nearby
that the Court in its June 8th decision redesignations in the General Preamble downwind environs over the most
clarified that for those areas with 1-hour for the Implementation of Title I of the recent three-year period must not
motor vehicle emissions budgets in their CAA Amendments of 1900 on April 16, exceed the ozone standard. Based on an
1-hour ozone maintenance plans, anti- 1992 (57 FR 13498), and supplemented ozone data rounding convention
backsliding requires that those 1-hour this guidance on April 28, 1992 (57 FR described in 40 CFR 50, appendix I, the
budgets must be used for 8-hour 18070). The two main policy guidelines 8-hour ozone standard is attained if the
conformity determinations until affecting the review of ozone area’s ozone design value 3 is 0.084 ppm
replaced by 8-hour budgets. To meet redesignation requests are the following: (84 ppb) or less. The data must be
this requirement, conformity ‘‘Procedures for Processing Requests to collected and quality-assured in
determinations in such areas must Redesignate Areas to Attainment,’’ accordance with 40 CFR 58, and must
continue to comply with the applicable be recorded in EPA’s Air Quality
Memorandum from John Calcagni,
requirements of EPA’s conformity System (AQS). The ozone monitors
Director, Air Quality Management
regulations at 40 CFR part 93. The Court generally should have remained at the
Division, September 4, 1992 (the
clarified that 1-hour conformity same locations for the duration of the
September 4, 1992 Calcagni monitoring period required to
determinations are not required for anti- memorandum); and, ‘‘Reasonable
backsliding purposes. demonstrate attainment (for three years
Further Progress, Attainment or more). The data supporting
With respect to the three other anti-
backsliding provisions for the 1-hour Demonstration, and Related attainment of the standard must be
ozone standard that the Court found Requirements for Ozone Nonattainment complete in accordance with 40 CFR 50,
were not properly retained, Marion Areas Meeting the Ozone National appendix I.
County is an attainment area subject to Ambient Air Quality Standard,’’ As part of the ozone redesignation
a maintenance plan for the 1-hour ozone Memorandum from John S. Seitz, request, IDEM submitted summarized
standard, and the NSR, contingency Director, Office of Air Quality Planning 2004–2006 peak 8-hour ozone
measures (pursuant to section 172(c)(9) and Standards, May 10, 1995 (the May monitoring data for the Central Indiana
or 182(c)(9)), and fee provision 10, 1995 Seitz memorandum). For Area. These ozone concentrations are
requirements no longer apply to this additional policy guidelines used in the part of the quality-assured ozone data
area because it has been redesignated to review of ozone redesignation requests, recorded in the Air Quality System. The
attainment of the 1-hour ozone see our proposed rule for the annual fourth-high 8-hour daily
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standard. redesignation of the Evansville, Indiana maximum concentrations for each year,
Thus, the decision in South Coast Air ozone nonattainment area at 70 FR along with the three-year averages,4 are
Quality Management Dist. should not 53606 (September 9, 2005). summarized in Table 1.
3 The worst-case monitoring site-specific ozone 4 Three-year averages are specified for the last

design value in the area and in its nearby year of each three-year period and specify the
downwind environs. monitoring site design values.

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41662 Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Proposed Rules

Percent Fourth-high Three-year
Site Id County Site name Year observations concentration average
ozone season

18–011–0001 .................... Boone ............................... Whitestown ....................... 2004 100 0.072 ........................
Whitestown ....................... 2005 100 0.082 ........................
Whitestown ....................... 2006 100 0.080 0.078
18–057–1001 .................... Hamilton ........................... Noblesville ........................ 2004 99 0.075 ........................
Noblesville ........................ 2005 99 0.087 ........................
Noblesville ........................ 2006 100 0.077 0.079
18–059–0003 .................... Hancock ........................... Fortville ............................. 2004 100 0.072 ........................
Fortville ............................. 2005 99 0.080 ........................
Fortville ............................. 2006 99 0.075 0.075
18–063–0004 .................... Hendricks ......................... Avon ................................. 2004 100 0.071 ........................
Avon ................................. 2005 100 0.078 ........................
Avon ................................. 2006 100 0.073 0.074
18–081–0002 .................... Johnson ............................ Trafalgar ........................... 2004 100 0.073 ........................
Trafalgar ........................... 2005 100 0.077 ........................
Trafalgar ........................... 2006 98 0.078 0.076
18–095–0010 .................... Madison ............................ Emporia ............................ 2004 100 0.072 ........................
Emporia ............................ 2005 100 0.078 ........................
Emporia ............................ 2006 97 0.073 0.074
18–097–0050 .................... Marion .............................. Ft. Benjamin Harrison ...... 2004 99 0.073 ........................
Ft. Benjamin Harrison ...... 2005 99 0.080 ........................
Ft. Benjamin Harrison ...... 2006 100 0.076 0.076
18–097–0057 .................... Marion .............................. Harding St. ....................... 2004 100 0.066 ........................
Harding St. ....................... 2005 100 0.081 ........................
Harding St. ....................... 2006 93 0.076 0.074
18–097–0042 .................... Marion .............................. Mann Road ...................... 2004 99 0.065 ........................
Mann Road ...................... 2005 100 0.076 ........................
Mann Road ...................... 2006 98 0.074 0.071
18–097–0073 .................... Marion .............................. Naval Air Warfare Center 2004 100 0.071 ........................
Naval Air Warfare Center 2005 100 0.080 ........................
Naval Air Warfare Center 2006 93 0.072 0.074
18–109–0005 .................... Morgan ............................. Monrovia .......................... 2004 99 0.072 ........................
Monrovia .......................... 2005 100 0.078 ........................
Monrovia .......................... 2006 100 0.077 0.075
18–145–0001 .................... Shelby .............................. Fairland ............................ 2004 99 0.071 ........................
Fairland ............................ 2005 100 0.080 ........................
Fairland ............................ 2006 98 0.073 0.074

The above data show that, during the C. Have the Central Indiana Area and complete ozone redesignation request
period of 2004–2006, no violations of the State of Indiana Met All of the for this area, March 26, 2007.
the 8-hour ozone standard were Applicable Requirements of Section 110
1. The Central Indiana Area Has Met All
recorded in the Central Indiana Area. In and Part D of the Clean Air Act, and Applicable Requirements of Section 110
addition, we find that the ozone data for Does the Central Indiana Area Have a and Part D of the Clean Air Act
the years considered meet data Fully Approved SIP Under Section
completeness requirements of 40 CFR 110(k) of the Clean Air Act? The September 4, 1992, Calcagni
part 50, appendix I. Based on these data, memorandum describes EPA’s
We have determined that the Central interpretation of section 107(d)(3)(E) of
we conclude and find that the Central
Indiana Area and the State of Indiana the CAA. To qualify for redesignation of
Indiana Area has attained the 8-hour
have met all currently applicable SIP an area to attainment under this
ozone NAAQS.
requirements for the Central Indiana interpretation, the State and the area
B. Has the State of Indiana Committed Area, including the requirements under must meet the relevant CAA
To Maintain the Ozone Monitoring section 110 of the CAA (general SIP requirements that come due prior to the
System in the Central Indiana Area? requirements) and the requirements State’s submittal of a complete
under subpart 1 part D of title I of the redesignation request for the area. See
IDEM commits to maintain the ozone CAA (requirements specific to all ozone also the September 17, 1993, Michael
monitoring network in the Central nonattainment areas). See section Shapiro memorandum and 66 FR 12459,
Indiana Area during the ozone 107(d)(3)(E)(v) of the CAA. In addition, 12465–12466 (March 7, 1995,
maintenance period. Any necessary EPA has fully approved the pertinent redesignating Detroit-Ann Arbor,
changes in the ozone monitoring system elements of the Indiana SIP. See section Michigan to attainment of the 1-hour
will be discussed in advance with the 107(d)(3)(E)(ii) of the CAA. We note that ozone NAAQS). Applicable
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EPA. This commitment is acceptable. SIPs must be fully approved only with requirements of the CAA that come due
respect to currently applicable subsequent to the State’s submittal of a
requirements of the CAA, which were complete redesignation request remain
those CAA requirements applicable to applicable until a redesignation of the
the Central Indiana Area at the time the area to attainment of the standard is
State of Indiana submitted the final, approved, but are not required as

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prerequisites to redesignation. See section 110(a)(1) of the CAA to meet the requires monitoring, compiling, and
section 175A(c) of the CAA. Sierra Club interstate transport requirements of analyzing ambient air quality data;
v. EPA, 375 F.3d 537 (7th Cir. 2004). See section 110(a)(2)(D)(i) of the CAA (70 FR requires preconstruction review of new
also 66 FR 25424, 25427 (May 12, 2003, 21147, April 25, 2005). However, the major stationary sources and major
redesignation of the St. Louis/East St. section 110(a)(2)(D) requirements for a modifications of existing sources;
Louis area to attainment of the 1-hour State are not linked with a particular provisions for adequate funding, staff,
ozone NAAQS). area’s designation. EPA believes that the and associated resources necessary to
requirements linked with a particular implement its requirements; requires
a. Section 110 and General SIP
area’s nonattainment designation and stationary source emissions monitoring
classification are the relevant measures and reporting; and otherwise satisfies
Section 110(a) of title I of the CAA to evaluate in reviewing a redesignation the applicable requirements of section
contains the general requirements for a request. The transport SIP submittal 110(a)(2).
SIP, which include: enforceable requirements, where applicable,
emission limitations and other emission b. Part D SIP Requirements
continue to apply to a State regardless
control measures, means, or techniques; of the designation of any one particular EPA has determined that the Indiana
provisions for the establishment and area in the State. SIP meets applicable SIP requirements
operation of appropriate devices We believe that these requirements under part D of the CAA. Under part D,
necessary to collect data on ambient air should not be construed to be applicable an area’s classification—either subpart 1
quality; programs to enforce the requirements for purposes of or subpart 2 (marginal, moderate,
emission limitations; submittal of a SIP redesignation. Further, we believe that serious, severe, and extreme)—indicates
that has been adopted by the State after the other section 110 elements the requirements to which it will be
reasonable public notice and a hearing; described above that are not connected subject. Subpart 1 of part D, found in
implementation of a source permit with nonattainment plan submissions sections 172–176 of the CAA, sets forth
program; provisions for the and that are not linked with an area’s the basic nonattainment area plan
implementation of part C requirements attainment status are also not applicable requirements applicable to all
(Prevention of Significant Deterioration requirements for purposes of nonattainment areas. Subpart 2 of part
(PSD)) and part D requirements (NSR for redesignation. A State remains subject D, found in section 182 of the CAA,
new sources or major source to these requirements after an area is establishes additional specific
modifications); criteria for stationary redesignated to attainment. We requirements depending on the area’s
source emission control measures, conclude that only the section 110 and nonattainment classification. Since the
monitoring, and reporting; provisions part D requirements which are linked Central Indiana Area is designated as a
for air quality modeling; and provisions with an area’s designation and subpart 1 nonattainment area for the 8-
for public and local agency classification are the relevant measures hour ozone standard, the subpart 2 part
participation. for evaluating this aspect of a D requirements do not apply to these
SIP requirements and elements are redesignation request. This approach is Counties.
discussed in the following EPA consistent with EPA’s existing policy on
documents: ‘‘Procedures for Processing c. Part D, Subpart 1 SIP Requirements
applicability of conformity and
Requests to Redesignate Areas to oxygenated fuels requirements for For purposes of evaluating this
Attainment,’’ Memorandum from John redesignation purposes, as well as with redesignation request, the applicable
Calcagni, Director, Air Quality section 184 ozone transport subpart 1 part D requirements are
Management Division, September 4, requirements. See: Reading, contained in sections 172(c)(1)–(9) and
1992; ‘‘State Implementation Plan (SIP) Pennsylvania proposed and final 176. A thorough discussion of the
Actions Submitted in Response to Clean rulemakings (61 FR 53174–53176, requirements of section 172 can be
Air Act (CAA) Deadlines,’’ October 10, 1996 and 62 FR 24826, May found in the General Preamble for
Memorandum from John Calcagni, 7, 1997); Cleveland-Akron-Lorain, Ohio Implementation of Title I (57 FR 13498).
Director, Air Quality Management final rulemaking (61 FR 20458, May 7, See also 68 FR 4852–4853, an ozone
Division, October 28, 1992; and ‘‘State 1996); and Tampa, Florida final redesignation notice of proposed
Implementation Plan (SIP) rulemaking (60 FR 62748, December 7, rulemaking for the St. Louis area, for a
Requirements for Areas Submitting 1995). See also the discussion on this discussion of section 172 requirements.
Requests for Redesignation to issue in the Cincinnati, Ohio ozone No requirements for the 8-hour ozone
Attainment of the Ozone and Carbon redesignation (65 FR 37890, June 19, standard under part D, subpart 1 of the
Monoxide (CO) National Ambient Air 2000), and the Pittsburgh, Pennsylvania CAA came due for the Central Indiana
Quality Standards (NAAQS) on or after ozone redesignation (66 FR 50399, Area prior to when the State submitted
November 15, 1992,’’ Memorandum October 19, 2001). the complete ozone redesignation
from Michael H. Shapiro, Acting We believe that section 110 elements request. For example, the requirement
Assistant Administrator, September 17, not linked to the area’s nonattainment for an ozone attainment demonstration,
1993. See also other guidance status are not applicable for purposes of as contained in section 172(c)(1), was
documents listed above. redesignation. Nonetheless, we also note not yet due when the State submitted
Section 110(a)(2)(D) of the CAA that EPA has previously approved the ozone redesignation request for
requires SIPs to contain certain provisions in the Indiana SIP addressing these counties, nor were the
measures to prevent sources in a State section 110 elements under the 1-hour requirements for Reasonably Available
from significantly contributing to air ozone standard. We have analyzed the Control Measures (RACM) and
quality problems in another State. To Indiana SIP as codified in 40 CFR part Reasonably Available Control
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implement this provision, EPA required 52, subpart P and have determined that Technology (RACT) (section 172(c)(1)),
States to establish programs to address it is consistent with the requirements of Reasonable Further Progress (RFP)
transport of air pollutants (NOX SIP call section 110(a)(2) of the CAA. The SIP, (section 172(c)(2)), and attainment plan
and Clean Air InterState Rule (CAIR)). which has been adopted after reasonable and RFP contingency measures (section
EPA has also found, generally, that public notice and hearing, contains 172(c)(9)). All of these SIP elements are
States have not submitted SIPs under enforceable emission limitations; required for submittal after Indiana

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submitted the complete, adopted ozone request. The State’s PSD program will D. Are the Air Quality Improvements in
redesignation request and maintenance become effective in the Central Indiana the Central Indiana Area Due to
plan for the Central Indiana Area. Area upon redesignation to attainment. Permanent and Enforceable Emission
Therefore, none of the part D See rulemakings for Detroit, Michigan Reductions Resulting From the
requirements for the 8-hour ozone (60 FR 12467–12468, March 7, 1995); Implementation of the Indiana SIP and
standard are considered to be applicable Cleveland-Akron-Lorain, Ohio (61 FR Applicable Federal Air Pollution
to the Central Indiana Area for purposes 20458, 20469–20470, May 7, 1996); Control Regulations and Other
of redesignation. Louisville, Kentucky (66 FR 53665, Permanent and Enforceable Emission
d. Section 176 Conformity Requirements October 23, 2001); Grand Rapids, Reductions?
Michigan (61 FR 31834–31837, June 21, We believe that the State of Indiana
Section 176(c) of the CAA requires
States to establish criteria and 1996). has adequately demonstrated that the
procedures to ensure that Federally- We conclude that the Central Indiana observed air quality improvements in
supported or funded activities, Area has satisfied all applicable the Central Indiana Area are due to
including highway projects, conform to requirements under section 110 and part permanent and enforceable emission
the air planning goals in the applicable D of the CAA to the extent that these reductions resulting from the
SIP. The requirement to determine requirements apply for purposes of implementation of the SIP, Federal
conformity applies to transportation reviewing the State’s ozone measures, and other State-adopted
plans, programs, and projects redesignation request. measures. In making this demonstration,
developed, funded, or approved under the State has documented the changes
Title 23 U.S.C. and the Federal Transit 2. The Central Indiana Area Has a Fully in VOC and NOX emissions from
Act (transportation conformity), as well Approved SIP Under Section 110(k) of anthropogenic (man-made or man-
as to all other Federally-supported or the Clean Air Act (CAA) based) sources in the Central Indiana
funded projects (general conformity). Area and the changes in NOX emissions
State conformity SIP revisions must be EPA has fully approved the Indiana from Electric Generating Units (EGUs)
consistent with Federal conformity SIP for the Central Indiana Area under Statewide occurring over the period of
regulations that the CAA required the section 110(k) of the CAA for all 1999–2005. This period includes 2002,
EPA to promulgate. applicable requirements. EPA may rely an ozone standard violation year, and
As with other part D requirements, on prior SIP approvals in approving a 2005, the year in the middle of the
EPA interprets the conformity redesignation request (See the 2004–2006 attainment period. The State
requirements as not applying for September 4, 1992, John Calcagni has also identified the emission control
purposes of evaluating the ozone memorandum, page 3; Southwestern regulations that have been implemented
redesignation request under section Pennsylvania Growth Alliance v. in the Central Indiana Area and that
107(d) of the CAA. In addition, please Browner, 144 F.3d 984, 989–990 (6th have contributed to attainment of the
note that conformity rules are required Cir. 1998); and, Wall v. EPA, 265 F.3d ozone standard.
for areas that are redesignated to 426 (6th Cir. 2001)), plus any additional Table 2 summarizes the VOC and
attainment of a NAAQS, and that measures it may approve in conjunction NOX emissions totals from the
Federal conformity rules apply where with a redesignation action. See 68 FR anthropogenic sources in the Central
State rules have not been approved. See 25426 (May 12, 2003). Since the passage Indiana Area for 1999, 2002, and 2005
Wall v. EPA, 265 F.3d 426 (6th Cir. of the CAA of 1970, Indiana has adopted as documented in the State’s
2001). See also 60 FR 62748 (December and submitted, and EPA has fully redesignation request. Table 3
7, 1995) (Tampa, Florida). approved, provisions addressing the summarizes the NOX emissions trend
e. Part D New Source Review (NSR) various required SIP elements for EGUs in the Central Indiana Area,
Requirements applicable to the Central Indiana Area and Table 4 summarizes the NOX
for purposes of ozone redesignation. No emissions trend for EGUs Statewide.
EPA has determined that areas being
redesignated need not comply with the SIP provisions relevant to the Central
Indiana Area are currently disapproved, TABLE 2.—VOC AND NOX EMISSIONS
requirement that a NSR program be TOTALS IN THE CENTRAL INDIANA
approved prior to redesignation, conditionally approved, or partially
provided that the area demonstrates approved. As indicated above, EPA AREA IN TONS PER SUMMER DAY
maintenance of the standard without believes that the section 110 elements
not connected with nonattainment plan Year VOC NOX
emission reductions from part D NSR,
since Prevention of Significant submissions and not linked to the area’s
1999 .............................. 290.84 293.15
Deterioration (PSD) requirements will nonattainment status are not applicable 2002 .............................. 249.67 264.69
apply after redesignation. A more requirements for purposes of review of 2005 .............................. 199.25 220.18
detailed rationale for this view is the State’s redesignation request. EPA
described in a memorandum from Mary believes that approval of section 110 SIP
Nichols, Assistant Administrator for Air elements under the 1-hour ozone TABLE 3.—NOX EMISSIONS TOTALS
and Radiation, dated October 14, 1994, standard satisfies the prerequisite for FOR EGUS IN THE CENTRAL INDIANA
entitled, ‘‘Part D New Source Review approval of the ozone redesignation AREA IN TONS PER OZONE SEASON
Requirements for Areas Requesting request for purposes of attaining and (APRIL–SEPTEMBER)
Redesignation to Attainment.’’ Indiana maintaining the 8-hour ozone standard.
has demonstrated that the Central EPA also believes that since the part D Year NOX emissions
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Indiana Area will be able to maintain requirements for the 8-hour ozone
1999 .......................... 31,815
the 8-hour ozone standard without part standard did not become due prior to 2000 .......................... 25,028
D NSR in effect, and therefore, we Indiana’s submittal of the final, 2001 .......................... 27,394
conclude that the State need not have a complete redesignation request, they 2002 .......................... 22,661
fully approved part D NSR program also are not applicable requirements for 2003 .......................... 17,984
prior to approval of the redesignation purposes of redesignation. 2004 .......................... 11,798

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TABLE 3.—NOX EMISSIONS TOTALS 326 IAC 8–4 Petroleum Sources 1. What Is Required in an Ozone
FOR EGUS IN THE CENTRAL INDIANA Controls Maintenance Plan?
AREA IN TONS PER OZONE SEASON 326 IAC 8–5 Miscellaneous Operations Section 175A of the CAA sets forth
(APRIL–SEPTEMBER)—Continued Controls the required elements of air quality
326 IAC 8–6 Organic Solvent Emission maintenance plans for areas seeking
Year NOX emissions redesignation to attainment of a
NAAQS. Under section 175A, a
2005 .......................... 10,591 326 IAC 8–8.1–1 Municipal Solid maintenance plan must demonstrate
Waste Landfills Not Located in Clark, continued attainment of the applicable
Floyd, Lake and Porter Counties NAAQS for at least 10 years after the
Controls. Administrator approves the
IN TONS PER OZONE SEASON In addition, because EPA had initially redesignation to attainment. Eight years
designated Marion County as after the redesignation, the State must
Year NOX emissions nonattainment under the 1-hour ozone submit a revised maintenance plan
standard, VOC sources that existed after which demonstrates that maintenance of
1999 .......................... 149,827 July 1, 1990, in Marion County are also the standard will continue for 10 years
2000 .......................... 133,881 following the initial 10-year
2001 .......................... 136,052 subject to RACT rules. Sources in the maintenance period. The maintenance
2002 .......................... 113,996 surrounding Counties (Boone, Hancock, plan must commit the State to submit
2003 .......................... 99,283 Hamilton, Johnson, Morgan, and Shelby
2004 .......................... 66,568 Counties) are subject to portions of 326 this revised maintenance plan to the
2005 .......................... 55,486 IAC 8–4 (326 IAC 8–4–4 through 8–4– EPA. To address the possibility of future
7 and 8–4–9) that do not apply NAAQS violations, the maintenance
Information in the above tables plan must contain such contingency
Statewide. These emission control
indicates that both VOC and NOX measures, with a schedule for
requirements have led to reduced VOC
emissions significantly decreased in the emissions in the Central Indiana Area. implementation, as EPA deems
Central Indiana Area between 2002 and necessary, to assure prompt correction
2005. In particular, the NOX emissions Finally, the State notes that several of any future NAAQS violations.
from EGUs in this area significantly nationwide rules have been The September 4, 1992, John Calcagni
decreased during this period due to the implemented (or will be implemented memorandum provides additional
implementation of EPA’s NOX SIP call in the near future), resulting in VOC and guidance on the content of maintenance
and acid rain control requirements. As NOX emission reductions subsequent to plans. An ozone maintenance plan
discussed further below, these emission 2002 in the Central Indiana Area and should, at minimum, address the
reductions are primarily due to the Statewide. These emission reduction following items: (1) The attainment VOC
implementation of permanent and rules include: (a) Tier II emission and NOX emissions inventories; (2) a
enforceable emission controls, which standards for vehicles and gasoline maintenance demonstration showing
are believed to have significantly sulfur standards; (b) heavy-duty diesel maintenance for the first 10 years of the
contributed to the attainment of the 8- engine standard and low-sulfur diesel maintenance period; (3) a commitment
hour ozone standard in this area. fuel standards; and, (c) Clean Air Non- to maintain the existing monitoring
The Statewide NOX emission road Diesel Rule. These emission network; (4) factors and procedures to
reductions for EGUs are believed to reduction rules will provide additional be used for verification of continued
have significantly reduced ozone emission reductions in the future. attainment; and, (5) a contingency plan
transport into the Central Indiana Area, The State commits to maintain to prevent and/or correct a future
further reducing the peak ozone existing emission control measures after violation of the NAAQS.
concentrations in this area. These
the redesignation of the Central Indiana 2. What Are the Attainment Emission
emission reductions are primarily due
Area to attainment of the 8-hour ozone Inventories for the Central Indiana
to the implementation of the State’s
NAAQS. If an emission control rule Area?
NOX emission control rules stemming
must be changed, the State will submit
from EPA’s NOX SIP call and acid rain IDEM estimated future VOC and NOX
the rule change as a requested SIP
control requirements. These NOX emissions for the Central Indiana Area
revision to the EPA. IDEM maintains
emission control rules are permanent for 2010, 2015, and 2020 to compare
that it has the legal authority and with the 2005 VOC and NOX emissions
and enforceable. We agree with the State
necessary resources to enforce any for this area and to demonstrate
that these NOX control rules have
violations of the existing emission maintenance of the ozone standard in
significantly reduced ozone levels in
control rules. this area. Future emissions were
and ozone transport to the Central
Indiana Area. E. Does the Central Indiana Area Have estimated for point (significant
Besides the NOX SIP call regulations, a Fully Approvable Ozone Maintenance stationary sources), area (smaller point
IDEM notes that the following VOC Plan Pursuant to Section 175A of the and/or widely distributed stationary
emission control regulations have been CAA? sources), on-road mobile, and non-road
implemented in the Central Indiana mobile sources for this area. To develop
Area (‘‘IAC’’ is the Indiana In conjunction with its request to the 2010, 2015, and 2020 emissions,
Administrative Code): redesignate the Central Indiana Area to IDEM projected the 2002 base year
326 IAC 8–1–6 Best Available Control attainment of the 8-hour ozone NAAQS, emissions applying various source
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Technology (BACT) for non-specific Indiana submitted a SIP revision request category-specific growth factors and
sources to provide for maintenance of the 8-hour emission control factors or growth
326 IAC 8–2 Surface Coating Emission ozone NAAQS in the Central Indiana estimates collected directly from the
Limitations Area through 2020, exceeding the 10 sources. The following summarizes the
326 IAC 8–3 Organic Solvent year minimum maintenance period procedures and data sources used by
Degreasing Operation Controls required by the CAA. IDEM to derive the projected emissions.

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a. Point Sources surrogates or other assumed annual emissions to 2005, 2010, 2015, and
The primary source of point source growth rates were used to calculate the 2020.
information for the base period, 2002, projected VOC and NOX emissions for
3. Has the State Demonstrated
each area source type.
was facility-specific emissions and Maintenance of the Ozone Standard in
source activity data collected annually c. On-Road Mobile Sources the Central Indiana Area?
by the State for inclusion in IDEM’s On-road mobile source emissions
annual emissions statement database. As part of the redesignation request
were calculated using the MOBILE 6.2 submittal, IDEM requested a revision of
This information includes emissions, emission factor model and other mobile
process rates, source operating the Indiana SIP to incorporate an ozone
source data, including estimated traffic maintenance plan for the Central
schedules, emissions control data, and levels and vehicle type and age
other relevant source information. Indiana Area as required under section
distribution data, extracted from the 175A of the CAA. The maintenance plan
Emission growth factors and future area’s travel-demand model.
emission control factors provided by the demonstrates maintenance of the 8-hour
Lake Michigan Air Directors Consortium d. Non-Road Mobile Sources ozone NAAQS through 2020 by
(LADCO) were used to project the point Non-road mobile source emissions documenting the attainment year (2005)
source VOC and non-EGU NOX were based on emissions in the 2002 and future VOC and NOX emissions.
emissions to 2005, 2010, 2015, and National Emissions Inventory (NEI). The Indiana has shown that VOC and NOX
2020. The NOX emissions from EGUs 2005, 2010, 2015, and 2020 non-road emissions will remain below the
were projected based on the EGU NOX mobile source emissions were grown attainment year levels through 2020. An
emission budget contained in the from the 2002 NEI emissions. To ozone maintenance demonstration need
Indiana NOX rule. address concerns about the accuracy of not be based on ozone modeling. See
the emissions derived for some of the Wall v. EPA, 265 F.3d 426 (6th Cir.
b. Area Sources 2001), Sierra Club v. EPA, 375 F.3d 537
non-road mobile source categories in
Area sources are those sources which EPA’s non-road emissions model, (7th Cir. 2004). See also 66 FR 53094,
are generally small, numerous, and have LADCO contracted with several 53099–53100 (October 19, 2001), and 68
not been inventoried as specific point, companies to review the base data used FR 25430–25432 (May 12, 2003).
mobile, or non-road mobile sources. The in the emissions model. A contractor Table 5 summarizes the VOC and
emissions for these sources are generally also estimated emissions for two non- NOX emissions projected to occur in the
calculated using various surrogates, road source categories not included in entire Central Indiana Area during the
such as population by county, estimates EPA’s non-road emissions model, demonstrated maintenance period. The
of employees in various occupational commercial marine vessels and State of Indiana chose 2020 as a
groups, etc., and grouped by general railroads. Recreational motorboat maintenance year to meet the 10-year
source types. The area source emissions emissions were significantly updated. maintenance requirement of the CAA,
are typically defined at the county level. The equipment population and spatial allowing several years for the EPA to
IDEM developed area source surrogate data for other source types complete the redesignation rulemaking
emissions for a 2002 periodic emissions were also significantly updated. A new process. The State also chose 2010 and
inventory submitted to the EPA. The non-road estimation model was also 2015 as interim years to demonstrate
surrogate data used to derive these provided by the EPA for the 2002 that VOC and NOX emissions will
emissions were grown to 2005, 2010, emissions analysis. The updated 2002 remain below the attainment year levels
2015, and 2020. The projected emissions were used to project the throughout the maintenance period.

Source sector 2005 2010 2015 2020

VOC Emissions

Area ................................................................................................................. 94.85 99.29 106.31 100.81

Point ................................................................................................................. 13.54 14.34 16.00 14.85
Non-Road Mobile ............................................................................................. 30.36 28.77 24.06 25.29
On-Road Mobile ............................................................................................... 60.50 44.19 35.33 26.47

Total .......................................................................................................... 199.25 186.59 181.70 167.42

NOX Emissions

Area ................................................................................................................. 24.26 22.39 23.12 22.74

Point ................................................................................................................. 56.63 33.31 32.41 32.77
Non-Road Mobile ............................................................................................. 22.55 33.05 24.06 18.36
On-Road Mobile ............................................................................................... 116.74 78.40 55.42 32.45

Total .......................................................................................................... 220.18 167.15 135.01 106.32

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IDEM notes that the State’s EGU NOX further lower NOX emissions throughout transport into the Central Indiana Area,
emissions control rules stemming from the State of Indiana and upwind of the and will support maintenance of the
EPA’s NOX SIP call and CAIR, to be Central Indiana Area. This will result in 8-hour ozone NAAQS in this area.
implemented primarily after 2006, will reduced ozone and ozone precursor

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The emissions projections for the high ozone concentrations is likely to government representatives from the
Central Indiana Area lead to the continue. If so, the emission control Central Indiana Area):
conclusion that this area should measures necessary to reverse the trend, • Lower Reid vapor pressure gasoline;
maintain the 8-hour ozone NAAQS taking into consideration ease and • Broader geographic applicability of
throughout the required 10-year timing of implementation and economic existing emission control requirements;
maintenance period and through 2020. and social considerations, will be • Tightening of RACT on existing
The projected decreases in local VOC adopted and implemented. sources covered by EPA control
and local and regional NOX emissions Implementation of necessary emission technique guidelines issued in response
indicate that peak ozone levels in the controls will take place no later than 12 to the 1990 Clean Air Act revisions;
Central Indiana Area may further months from the conclusion of the most • Application of RACT to smaller
decline during the maintenance period. recent ozone season (September 30). existing sources;
We conclude that IDEM has An Action Level Response will be
successfully demonstrated that the triggered when a violation of the 8-hour • Vehicle inspection/maintenance
8-hour ozone standard will be ozone standard is monitored, when the program;
maintained in the Central Indiana Area. three-year average annual fourth-high • One or more transportation control
daily maximum 8-hour concentration is measure sufficient to achieve at least a
4. What Is the Contingency Plan for the half of a percent (0.5 percent) reduction
0.085 ppm or higher at any monitor, in
Central Indiana Area? of actual area-wide VOC emissions.
the Central Indiana Area. In the event
Section 175A of the CAA requires that that an Action Level Response is Transportation control measures will be
a maintenance plan include such triggered and is not found to be due to selected from the following based on the
contingency measures as EPA deems an exceptional event, malfunction, or factors discussed above and after
necessary to assure that the State will noncompliance with a permit condition consultation with the affected local
promptly correct a violation of the or rule requirement, IDEM will governments:
NAAQS that might occur after determine the additional emission (a) Trip reduction programs,
redesignation. The maintenance plan control measures needed to assure including employer-based
must identify the contingency measures future attainment of the ozone NAAQS. transportation management plans, area-
to be considered for possible adoption, Emission control measures that can be wide rideshare programs, work schedule
a schedule and procedure for adoption implemented in a short time will be changes, and telecommuting;
and implementation of the selected selected in order to be in place within (b) Transit improvements;
contingency measures, and a time limit 18 months from the close of the ozone (c) Traffic flow improvements; and,
for action by the State. The State should season in which the Action Level (d) Other new or innovative
also identify specific indicators to be Response is triggered. transportation measures;
used to determine when the Assuming that new emission controls • Alternative fuel and diesel retrofit
contingency measures need to be are needed, if a new emission control programs for fleet vehicle operations;
adopted and implemented. The measure is already promulgated and • VOC or NOX emission offsets for
maintenance plan must include a scheduled to be implemented at the new and modified major sources;
commitment that the State will continue Federal or State level and that control
to implement all emission control • VOC or NOX emission offsets for
measure is determined to be sufficient
measures that were included in the SIP new and modified minor sources;
to address the upward trend in ozone
before the redesignation of the area to concentrations, additional local • Increase the ratio of emission offsets
attainment. See section 175A(d) of the emission control measures may be required for new sources; and,
CAA. unnecessary. The State will submit to • VOC or NOX emission controls on
As required by the CAA, Indiana has EPA an analysis to demonstrate that the new minor sources.
adopted a contingency plan to address proposed emission control measures are No contingency measure will be
possible future ozone air quality adequate to return the area to attainment implemented without providing the
problems in the Central Indiana Area. or to correct the air quality trend. opportunity for public participation in
The contingency plan has two levels of The selection of emission control the selection process, during which the
actions/responses depending on measures for implementation will be relative costs and benefits of individual
whether a violation of the 8-hour ozone based on cost-effectiveness, emission emission control measures will be
standard is only threatened (Warning reduction potential, economic and evaluated.
Level Response) or has actually social considerations, and other factors 5. Has the State Committed to Update
occurred or appears to be imminent that IDEM deems appropriate. IDEM the Ozone Maintenance Plan in Eight
(Action Level Response). will solicit input from interested and Years After the Redesignation of the
A Warning Level Response will be affected persons in the maintenance Central Indiana Area to Attainment of
triggered whenever an annual (1-year) area prior to selecting appropriate the 8-Hour Ozone NAAQS?
fourth-high monitored 8-hour ozone contingency measures. IDEM has not
concentration of 0.089 ppm occurs in a specified a definitive list of measures As required by section 175A(b) of the
single ozone season, or a 2-year average that will be considered and may CAA, the State commits to review the
fourth-high monitored 8-hour ozone consider emission control measures not maintenance plan 8 years after
concentration of 0.085 ppm or higher included in the list of potential redesignation of the Central Indiana
occurs within the Central Indiana emission control measures summarized Area and to submit a revised
maintenance area (within the Central in the ozone maintenance plan. maintenance plan to the EPA extending
Indiana Area). A Warning Level The ozone maintenance plan lists the the maintenance period for 10 years
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Response will consist of a study to following emission control measures as beyond the initial 10-year maintenance
determine whether the high ozone possible contingency measures that period.
concentration indicates a trend toward have been selected and reviewed by the We find Indiana’s ozone maintenance
higher ozone values or whether Central Indiana Air Quality Advisory demonstration, contingency plan, and
emissions appear to be increasing. The Group (a group of industrial commitment to update the maintenance
study will determine if the trend toward representatives, individuals, and local plan to be acceptable.

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41668 Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Proposed Rules

V. Has the State Adopted Acceptable When reviewing SIP revisions contain a defined mobile source
Motor Vehicle Emissions Budgets for containing MVEBs, including network for 2006.
the End Year of the Ozone Maintenance attainment strategies, rate-of-progress The 2006 MVEBs are 54.32 tons VOC/
Period Which Can Be Used To Support plans, and maintenance plans, EPA day and 106.19 tons NOX/day. The 2020
Conformity Determinations? must find that the MVEBs are MVEBs are 29.52 tons VOC/day and
‘‘adequate’’ for use in determining 35.69 tons NOX/day. Note that the 2020
A. How Are the Motor Vehicle Emission transportation conformity. Once EPA MVEBs contain safety margins
Budgets Developed, and What Are the finds the submitted MVEBs to be (emission levels exceeding the on-road
Motor Vehicle Emission Budgets for the adequate for transportation conformity mobile source emissions levels actually
Central Indiana Area? purposes, the MVEBs are used by State projected for the area and included in
Under the CAA, States are required to and Federal agencies in determining the maintenance demonstration). See
submit, at various times, SIP revisions whether proposed transportation the 2020 on-road mobile source
and ozone maintenance plans for projects conform to the SIPs as required emissions specified in Table 5 above.
applicable areas (for ozone by section 176(c) of the CAA. EPA’s The State is applying safety margins
nonattainment areas and for areas substantive criteria for determining the in specifying the 2020 MVEBs to
seeking redesignations to attainment of adequacy of MVEBs are specified in 40 accommodate the assumptions and
the ozone standard or revising existing CFR 93.118(e)(4). associated potential estimate errors that
ozone maintenance plans). These EPA’s process of determining are factored into the projection of future
emission control SIP revisions (e.g., adequacy of MVEBs consists of three emission estimates. Since assumptions
reasonable further progress and basic steps: (1) Providing public change over time or are shown to be
attainment SIP revisions), including notification of a SIP submission; (2) incorrect, some errors may actually
ozone maintenance plans, must create providing the public the opportunity to occur in estimated future emissions.
MVEBs based on on-road mobile source comment on the MVEBs during a public Therefore, it is reasonable, if not
emissions that are allocated to highway comment period; and (3) making a necessary, to incorporate safety margins
and transit vehicle use and that, finding of adequacy. The process of into the setting of MVEBs.
determining the adequacy of submitted A ‘‘margin of safety’’ is the difference
together with emissions from all other
SIP MVEBs was initially outlined in between the attainment level emissions
sources in the area, will provide for
EPA’s May 14, 1999, guidance, from all sources and the projected levels
attainment or maintenance of the ozone
‘‘Conformity Guidance on of emissions from all sources in the
Implementation of March 2, 1999, maintenance plan for the maintenance
Under 40 CFR part 93, MVEBs for an year. As noted in Table 5 above, the
Conformity Court Decision.’’ This
area seeking a redesignation to Central Indiana Area is projected to
guidance was finalized in the
attainment of the NAAQS are have a VOC margin of safety of 31.83
Transportation Conformity Rule
established for the last year of the tons/day and a NOX margin of safety of
Amendments for the ‘‘New 8-Hour
maintenance period (for the 113.86 tons/day in 2020. These margins
Ozone and PM2.5 National Ambient Air
maintenance demonstration year). The of safety significantly exceed the safety
Quality Standards and Miscellaneous
MVEBs serve as ceilings on mobile margins incorporated into the 2020
Rule Amendments—Response to Court
source emissions from an area’s planned MVEBs (the 2020 MVEB VOC safety
Decision and Additional Rule Change’’
transportation system, and are used to published on July 1, 2004 (69 FR margin is 3.05 tons/day and the 2020
test planned transportation system 40004). EPA follows this guidance and MVEB NOX safety margin is 3.24 tons/
changes or projects to assure rulemaking in making its adequacy day, the differences between the 2020
compliance with the emission limits determinations. MVEBs and the projected on-road
assumed in the SIP. The MVEB concept The Transportation Conformity Rule, mobile source emissions). Therefore, the
is further explained in the preamble to in 40 CFR 93.118(f), provides for safety margins incorporated into the
the November 24, 1993, transportation adequacy findings through two 2020 MVEBs will not threaten
conformity rule (58 FR 62188). The mechanisms. First, 40 CFR 93.118(f)(1) maintenance of the 8-hour ozone
preamble also describes how to provides for posting a notice to the EPA standard in the Central Indiana Area.
establish the MVEBs in the SIP and how conformity Web site at: http:// No safety margins were applied to the
to revise the MVEBs if needed. 2006 MVEBs. These MVEBs are the on-
Under section 176(c) of the CAA, new transconf/adequacy.htm and providing road mobile emission estimates for this
transportation projects, such as the a 30-day public comment period. year.
construction of new highways, must Second, a mechanism is described in 40
‘‘conform’’ to (i.e., be consistent with) B. Are the MVEBs Approvable?
CFR 93.118(f)(2) which provides that
the part of the SIP that addresses EPA can review the adequacy of an EPA, through this rulemaking, is
emissions from cars, trucks, and other implementation plan submission proposing to approve the 2006 and 2020
on-road vehicles. Conformity to the SIP simultaneously with its review of the MVEBs for use in demonstrating
means that transportation activities implementation plan itself. transportation conformity in the Central
should not cause new air quality The Central Indiana Area ozone Indiana Area because EPA has
standard violations, or delay timely maintenance plan contains VOC and determined that the MVEBs are
attainment of the NAAQS. If a NOX MVEBs for 2006 and 2020. An consistent with the emission control
transportation plan does not conform, interagency group of consultation measures and future emissions
most new transportation projects that partners chose to include MVEBs for projected in the SIP and because the
would expand the vehicle capacity of 2006 to assist in streamlining the Central Indiana Area can maintain
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the roadways cannot go forward. transportation conformity process. The attainment of the 8-hour ozone NAAQS
Regulations at 40 CFR part 93 set forth year 2006 was chosen because it for the required maintenance period
EPA’s policy, criteria, and procedures represents one of the years the Central with on-road mobile source emissions at
for demonstrating and assuring Indiana Area attained the 8-hour ozone the levels of the MVEBs. The VOC and
conformity of transportation activities to standard and because the travel demand NOX MVEBs are approvable because
a SIP. models used in transportation planning they maintain the total emissions for the

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Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Proposed Rules 41669

Central Indiana Area at or below the not have substantial direct effects on the no authority to disapprove a SIP
attainment year emission levels, as States, on the relationship between the submission for failure to use such
required by the transportation national government and the States, or standards, and it would thus be
conformity regulations. on the distribution of power and inconsistent with applicable law for
responsibilities among the various EPA to use voluntary consensus
VI. What Are the Effects of EPA’s
Proposed Actions? levels of government, as specified in standards in place of a program
Executive Order 13132 (64 FR 43255, submission that otherwise satisfies the
Approval of the redesignation request August 10, 1999). This action merely provisions of the Clean Air Act.
would change the official designation of proposes to approve a State rule Therefore, the requirements of section
Boone, Hamilton, Hancock, Hendricks, implementing a Federal standard, and 12(d) of the NTTA do not apply.
Johnson, Madison, Marion, Morgan, and does not alter the relationship or the
Shelby Counties, Indiana for the 8-hour List of Subjects
distribution of power and
ozone NAAQS, found at 40 CFR part 81, responsibilities established in the Clean 40 CFR Part 52
from nonattainment to attainment. Final Air Act.
rulemaking approving the redesignation Environmental protection, Air
request would incorporate into the Executive Order 13175: Consultation pollution control, Intergovernmental
Indiana SIP a plan for maintaining the and Coordination With Indian Tribal regulations, Nitrogen dioxide, Ozone,
ozone NAAQS through 2020 in these Governments Volatile organic compounds.
Counties. The maintenance plan This proposed rule also does not have 40 CFR Part 81
includes contingency measures to tribal implications because it will not Air pollution control, Environmental
remedy possible future violations of the have a substantial direct effect on one or protection, National parks, Wilderness
8-hour ozone NAAQS, and establishes more Indian tribes, on the relationship areas.
2006 and 2020 MVEBs for these between the Federal Government and
counties. Indian tribes, or on the distribution of Dated: July 23, 2007.
power and responsibilities between the Bharat Mathur,
VII. Statutory and Executive Order
Federal Government and Indian tribes, Acting Regional Administrator, Region 5.
as specified by Executive Order 13175 [FR Doc. E7–14741 Filed 7–30–07; 8:45 am]
Executive Order 12866: Regulatory (65 FR 67249, November 9, 2000). BILLING CODE 6560–50–P
Planning and Review
Executive Order 13045: Protection of
Under Executive Order 12866 (58 FR Children From Environmental Health
51735, September 30, 1993), this action ENVIRONMENTAL PROTECTION
and Safety Risks
is not a ‘‘significant regulatory action’’, AGENCY
and therefore, is not subject to review by This proposed rule also is not subject
the Office of Management and Budget. to Executive Order 13045 ‘‘Protection of 40 CFR Parts 52 and 97
Children from Environmental Health [EPA–R05–OAR–2007–0405; FRL–8446–5]
Paperwork Reduction Act Risks and Safety Risks’’ (62 FR 19885,
This proposed rule does not impose April 23, 1997), because it is not Approval of Implementation Plans;
an information collection burden under economically significant. Wisconsin; Clean Air Interstate Rule
the provisions of the Paperwork Executive Order 13211: Actions That
Reduction Act of 1995 (44 U.S.C. 3501 AGENCY: Environmental Protection
Significantly Affect Energy Supply, Agency (EPA).
et seq.). Distribution, or Use
ACTION: Proposed rule.
Regulatory Flexibility Act Because it is not a ‘‘significant
This proposed action merely proposes regulatory action’’ under Executive SUMMARY: EPA is proposing to partially
to approve State law as meeting Federal Order 12866 or a ‘‘significant regulatory approve and partially disapprove a
requirements and imposes no additional action,’’ this action is also not subject to revision to the Wisconsin State
requirements beyond those imposed by Executive Order 13211, ‘‘Actions Implementation Plan (SIP) submitted on
State law. Accordingly, the Concerning Regulations That June 19, 2007. This revision
Administrator certifies that this Significantly Affect Energy Supply, incorporates provisions related to the
proposed rule will not have a significant Distribution, or Use’’ (66 FR 28355, May implementation of EPA’s Clean Air
economic impact on a substantial 22, 2001). Interstate Rule (CAIR), promulgated on
number of small entities under the May 12, 2005, and subsequently revised
National Technology Transfer on April 28, 2006, and December 13,
Regulatory Flexibility Act (5 U.S.C. 601 Advancement Act
et seq.). 2006, and the CAIR Federal
Section 12(d) of the National Implementation Plan (FIP) which
Unfunded Mandates Reform Act Technology Transfer and Advancement concerns sulfur dioxide (SO2), oxides of
Because this rule proposes to approve Act of 1995 (NTTAA), 15 U.S.C. 272, nitrogen (NOX) annual, and NOX ozone
pre-existing requirements under State requires Federal agencies to use season emissions for the State of
law and does not impose any additional technical standards that are developed Wisconsin, promulgated on April 28,
enforceable duty beyond that required or adopted by voluntary consensus to 2006, and subsequently revised
by State law, it does not contain any carry out policy objectives, so long as December 13, 2006. EPA is not
unfunded mandate or significantly or such standards are not inconsistent with proposing to make any changes to the
uniquely affect small governments, as applicable law or otherwise impractical. CAIR FIP, but is proposing, to the extent
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described in the Unfunded Mandates In reviewing SIP submissions, EPA’s EPA approves Wisconsin’s SIP revision,
Reform Act of 1995 (Pub. L. 104–4). role is to approve State choices, to amend the appropriate appendices in
provided that they meet the criteria of the CAIR FIP trading rules simply to
Executive Order 13132: Federalism the Clean Air Act. Absent a prior note that approval.
This action also does not have existing requirement for the State to use The SIP revision that EPA is
Federalism implications because it does voluntary consensus standards, EPA has proposing to approve is an abbreviated

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