Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Central Indiana To Attainment of the 8-Hour Ozone Standard

[Federal Register: October 19, 2007 (Volume 72, Number 202)]
[Rules and Regulations]
[Page 59210-59213]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc07-11]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2007-0173;FRL-8484-2]

Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Indiana; Redesignation of Central Indiana To Attainment of
the 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: On March 26, 2007, the Indiana Department of Environmental
Management (IDEM) submitted a request for EPA approval of a
redesignation of Boone, Hamilton, Hancock, Hendricks, Johnson, Madison,
Marion, Morgan, and Shelby Counties (the Central Indiana Area) to
attainment of the 8-hour ozone National Ambient Air Quality Standard
(NAAQS). IDEM also requested EPA approval of an ozone maintenance plan
for this area as a revision of the Indiana State Implementation Plan
(SIP). The maintenance plan demonstrates maintenance of the ozone NAAQS
in this area through 2020 and establishes 2006 and 2020 motor vehicle
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NO_X)
emission budgets for this area. EPA is making a determination that the
Central Indiana Area has attained the 8-hour ozone NAAQS. EPA is
approving, as a SIP revision, the State's ozone maintenance plan for
this area. Indiana has satisfied the criteria for the redesignation of
the Central Indiana Area to attainment of the 8-hour ozone NAAQS, and,
therefore, EPA is approving Indiana's ozone redesignation request for
this area. Further, EPA is approving, for purposes of transportation
conformity, the VOC and NO_X Motor Vehicle Emission Budgets
(MVEBs) for 2006 and 2020 that are contained in the 8-hour ozone
maintenance plan. EPA proposed these actions on July 31, 2007, and
received only one comment in response supporting the proposed actions.

DATES: This final rule is effective on October 19, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID
NO. EPA-R05-OAR-2007-0173. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet, and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Edward Doty,
Environmental Scientist, at (312) 886-6057 before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6057, doty.edward@epa.gov.

SUPPLEMENTARY INFORMATION: In the following, whenever ``we,'' ``us,''
or ``our'' are used, we mean the United States Environmental Protection
Agency.

Table of Contents

I. What Is the Background for This Rule?
II. What Comments Did We Receive on the Proposed Action?
III. What Are Our Final Actions?
IV. Statutory and Executive Order Review.

[[Page 59211]]

I. What Is the Background for This Rule?

The background for today's action is discussed in detail in EPA's
July 31, 2007, proposed rule (72 FR 41658). In that proposed rule, we
noted that, under EPA regulations at 40 CFR part 50, the 8-hour ozone
standard is attained in an area when the three-year average of the
annual fourth-highest daily maximum 8-hour average ozone concentrations
is less than or equal to 0.08 parts per million parts of air (ppm) at
all ozone monitoring sites in the area. (See 69 FR 23857 (April 30, 2004)).
The Clean Air Act (CAA) requires EPA to designate as nonattainment
any area that is violating the 8-hour ozone NAAQS based on three
consecutive years of air quality monitoring data. EPA designated the
Central Indiana Area as a nonattainment area for the 8-hour ozone NAAQS
in a Federal Register notice published on April 30, 2004 (69 FR 23857).
At the same time, EPA classified the Central Indiana Area as a subpart
1 8-hour ozone nonattainment area, based on quality assured air quality
data for the period of 2001-2003.
Under the CAA, a nonattainment area may be redesignated to
attainment if sufficient complete, quality-assured data are available
for the Administrator to determine that the area has attained the air
quality standard and if the area meets other redesignation requirements
in section 107(d)(3)(E) of the CAA. On March 26, 2007, Indiana
submitted a request for redesignation of the Central Indiana Area to
attainment of the 8-hour ozone NAAQS. The redesignation request
included three years of complete, quality-assured data for the period
of 2004-2006, indicating attainment of the 8-hour ozone NAAQS (we have
also reviewed available 2007 ozone data for this area, and, to date,
have seen no violations of the 8-hour ozone standard). The
redesignation request demonstrated that the Central Indiana Area had
met the redesignation criteria contained in the CAA. The redesignation
request included an ozone maintenance plan and documentation of 2006
and 2020 VOC and NO_X MVEBs for this area. Our July 31, 2007,
proposed rule (72 FR 41658) provides a discussion of how the Central
Indiana Area and the State of Indiana have met the redesignation
requirements for this area.
On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit vacated EPA's Phase 1 Implementation Rule for the 8-
hour Ozone Standard. (69 FR 23951, April 30, 2004). South Coast Air
Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006). For the
reasons set forth in the July 31, 2007, proposed rule, EPA does not
believe that the Court's rulings alter any requirements relevant to
this redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation.

II. What Comments Did We Receive on the Proposed Action?

EPA provided a 30-day review and comment period. The comment period
closed on August 31, 2007. We received only one comment letter from the
City of Indianapolis, which supported our proposed approval of
Indiana's ozone redesignation request.

III. What Are Our Final Actions?

EPA is taking several related actions for the Central Indiana Area.
First, EPA is making a determination that the Central Indiana Area has
attained the 8-hour ozone standard. EPA is approving Indiana's ozone
maintenance plan SIP revision for the Central Indiana Area. EPA is
approving the State's request to change the legal designation of the
Central Indiana Area from nonattainment to attainment of the 8-hour
ozone NAAQS. Finally, for the Central Indiana Area, EPA is approving
2006 MVEBs of 54.32 tons VOC per day and 106.19 tons NO_X per
day and 2020 MVEBs of 29.52 tons VOC per day and 35.69 tons NO_X per day.
In accordance with 5 U.S.C. 553(d), EPA finds that there is good
cause for these actions to become effective immediately upon
publication. This is because a delayed effective date is unnecessary
due to the nature of a redesignation to attainment, which relieves the
area from certain CAA requirements that would otherwise apply to it.
The immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in 553(d) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
Today's rule, however, does not create any new regulatory requirements
such that affected parties would need time to prepare before the rule
takes effect. Rather, today's rule relieves the State of planning
requirements for this 8-hour ozone nonattainment area. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these
actions to become effective on the date of publication of these actions.

IV. Statutory and Executive Order Review

Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.

Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or Use''
(66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Redesignation of an area to attainment under
section 107(d)(3)(E) of the Clean Air Act does not impose any new
requirements on small entities. Redesignation is an action that affects
the status of a geographical area and does not impose any new
regulatory requirements on sources. Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175: Consultation and Coordination with Indian Tribal
Governments

This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and

[[Page 59212]]

Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (59 FR 22951, November 9, 2000).

Executive Order 13132: Federalism

This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). Redesignation is an action that merely affects the status of
a geographical area, and does not impose any new requirements on
sources, or allows a State to avoid adopting or implementing additional
requirements, and does not alter the relationship or distribution of
power and responsibilities established in the Clean Air Act.

Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks

This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks''
(62 FR 19885, April 23, 1997), because it approves a State rule implementing a
Federal Standard.

National Technology Transfer Advancement Act

In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Redesignation is an
action that affects the status of a geographical area but does not
impose any new requirements on sources. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).

Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal Register.
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 18, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review, nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to force its requirements. (See Section 307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile
organic compounds.

40 CFR Part 81

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

Dated: October 10, 2007.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.

• Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations
are amended as follows:

PART 52--[AMENDED]

• 1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart P--Indiana

• 2. Section 52.777 is amended by adding paragraph (jj) to read as
follows:

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

* * * * *
(jj) Approval--On March 26, 2007, Indiana submitted a request to
redesignate Boone, Hamilton, Hancock, Hendricks, Johnson, Madison,
Marion, Morgan, and Shelby Counties (the Central Indiana Area)
(Indianapolis ozone nonattainment area) to attainment of the 8-hour
ozone National Ambient Air Quality Standard. As part of the
redesignation request, the State submitted an ozone maintenance plan as
required by section 175A of the Clean Air Act. Part of the section 175A
maintenance plan includes a contingency plan. The ozone maintenance
plan establishes 2006 motor vehicle emission budgets for the Central
Indiana Area of 54.32 tons per day for volatile organic compounds (VOC)
and 106.19 tons per day for nitrogen oxides (NO_X) and 2020
motor vehicle emission budgets for the Central Indiana Area of 29.52
tons per day for VOC and 35.69 tons per day for NO_X.

PART 81--[AMENDED]

• 3. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

• 4. Section 81.315 is amended by revising the entries for Indianapolis,
Indiana: in the table entitled ``Indiana-Ozone (8-Hour Standard)'' to
read as follows:

Sec. 81.315 Indiana.

* * * * *

Indiana--Ozone (8-Hour Standard)
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Designation \a\ Classification
Designated area ------------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Indianapolis, IN: October 19, 2007

[[Page 59213]]

Boone County............... ............................. Attainment..................
Hamilton County............ ............................. Attainment..................
Hancock County............. ............................. Attainment..................
Hendricks County........... ............................. Attainment..................
Johnson County............. ............................. Attainment..................
Madison County............. ............................. Attainment..................
Marion County.............. ............................. Attainment..................
Morgan County.............. ............................. Attainment..................
Shelby County.............. ............................. Attainment..................

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *

[FR Doc. E7-20569 Filed 10-18-07; 8:45 am]
BILLING CODE 6560-50-P

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Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Central Indiana To Attainment of the 8-Hour Ozone Standard

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