[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Rules and Regulations]
[Pages 69443-69455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22696]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[R05-OAR-2005-IN-0008; FRL-7997-8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On August 25, 2005, the State of Indiana, through the Indiana 
Department of Environmental Management (IDEM), submitted: a request for 
EPA approval of a redesignation of Delaware County to attainment of the 
8-hour ozone National Ambient Air Quality Standard (NAAQS); and a 
request for EPA approval of an Indiana State Implementation Plan (SIP) 
revision containing a 10-year ozone maintenance plan for Delaware 
County. EPA is approving the State's requests.
    EPA's approval of the redesignation request is based on the 
determination that Delaware County and the State of Indiana have met 
the criteria for redesignation to attainment specified in the Clean Air 
Act (CAA), including the determination that Delaware County has 
attained the 8-hour ozone standard. In conjunction with the approval of 
the redesignation request for Delaware County, EPA is approving the 
State's plan to maintain the attainment of the 8-hour ozone NAAQS 
through 2015 in this area as a revision to the Indiana SIP. EPA is also 
approving the 2015 Volatile Organic Compounds (VOC) and Nitrogen Oxides 
(NOX) Motor Vehicle Emissions Budgets (MVEBs) for this area, 
as defined in the ozone maintenance plan, for purposes of 
transportation conformity.

DATES: This rule is effective on January 3, 2006, unless EPA receives 
adverse written comments by December 16, 2005. If EPA receives adverse 
comments, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: Submit comments, identified by Regional Material in EDocket 
(RME) ID No. R05-OAR-2005-IN-0008, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: http://docket.epa.gov/rmepub/. Regional RME, EPA's 
electronic public docket and comments system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to: John M. Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: John M. Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, 
Illinois 60604. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 AM to 4:30 PM 
excluding Federal holidays.

[[Page 69444]]

    Instructions: Direct your comments to RME ID No. R05-OAR-2005-IN-
0008. EPA's policy is that all comments received will be included in 
the public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the federal regulations.gov Web 
site are ``anonymous access'' systems, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
We recommend that you telephone Edward Doty, Environmental Scientist, 
at (312) 886-6057 before visiting the Region 5 office. This Facility is 
open from 8:30 AM to 4:30 PM, Monday through Friday, excluding legal 
holidays.

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, [email protected].

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

I. EPA's Actions
    A. What actions is EPA taking?
    B. Do these actions apply to me?
    C. What is the background for these actions?
II. What Are the Criteria for Redesignation to Attainment?
III. What Is the Effect of EPA's Actions?
IV. What Is EPA's Analysis of the State's Request?
V. Has Indiana Adopted Acceptable Motor Vehicle Emissions Budgets 
for the End of the 10-Year Maintenance Plan (for 2015) Which Can Be 
Used to Support Conformity Determinations?
    A. How are the MVEBs developed and what are the MVEBs for 
Delaware County?
    B. What is a safety margin?
    C. Are the MVEBs approvable?
VI. Final Actions
VII. Statutory and Executive Order Reviews

I. EPA's Actions

A. What actions is EPA taking?

    EPA is taking several related actions. EPA is determining that 
Delaware County has attained the 8-hour ozone NAAQS, and that it has 
met the requirements for redesignation to attainment of the 8-hour 
ozone NAAQS under section 107(d)(3)(E) of the CAA. EPA is, therefore, 
approving a request from the State of Indiana to change the designation 
of Delaware County from nonattainment to attainment for the 8-hour 
ozone NAAQS.
    EPA is also approving Indiana's ozone maintenance plan for this 
area as a SIP revision. The maintenance plan is designed to keep 
Delaware County in attainment of the 8-hour ozone NAAQS for the next 10 
years, through 2015. As supported by and consistent with the ozone 
maintenance plan, EPA is also approving the 2015 VOC and NOX 
MVEBs for Delaware County for conformity purposes.

B. Do these actions apply to me?

    These actions pertain to the designation of Delaware County for the 
8-hour ozone NAAQS and to the emission controls related to attainment 
and maintenance of the 8-hour ozone NAAQS in this area. The emissions 
of concern are VOC and NOX. If you own or operate a VOC or 
NOX emissions source in Delaware County or live in this 
area, this final action may impact or apply to you. It may also impact 
you if you are involved in transportation planning or implementation of 
emission controls in this area.

C. What is the background for these actions?

    EPA has determined that ground-level ozone is detrimental to human 
health. On July 18, 1997, the EPA promulgated an 8-hour ozone NAAQS (62 
FR 38856) of 0.08 parts per million parts of air (0.08 ppm) (80 parts 
per billion (ppb)).\1\ The 8-hour ozone standard replaces a prior 1-
hour ozone NAAQS, which was promulgated on February 8, 1979 (44 FR 
8202), and which was revoked on June 15, 2005. It should be noted that 
ground-level ozone is not directly emitted by sources. Rather, emitted 
NOX and VOC react in the presence of sunlight to form 
ground-level ozone along with other secondary compounds. NOX 
and VOC are referred to as ``ozone precursors.''
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    \1\ This standard is violated in an area when any ozone monitor 
in the area (or in its impacted downwind environs) records 8-hour 
ozone concentrations with an average of the annual fourth-highest 
daily maximum 8-hour ozone concentrations over a three year period 
equaling or exceeding 85 ppb.
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    The CAA required EPA to designate as nonattainment any area that 
violated the 8-hour ozone NAAQS based on the three most recent years of 
air quality data (2001-2003 ozone data were considered for the initial 
8-hour ozone designations). The Federal Register notice making these 
designations was signed on April 15, 2004, and was published on April 
30, 2004 (69 FR 23857).
    The CAA contains two sets of provisions--subpart 1 and subpart 2--
that address planning and emission control requirements for 
nonattainment areas. (Both are found in title I, part D of the CAA.) 
Subpart 1 contains general, less prescriptive, requirements for 
nonattainment areas for any pollutant, including ozone, governed by a 
NAAQS, and applies to all nonattainment areas. Subpart 2 contains more 
specific requirements for certain ozone nonattainment areas, and 
applies to ozone nonattainment areas classified under section 181 of 
the CAA. Subpart 1 nonattainment areas, those areas not classified 
under section 181 of the CAA, are subject only to the provisions of 
subpart 1. Subpart 2 nonattainment areas, however, are subject to the 
provisions of subpart 2, as well as to the provisions of subpart 1 
(many of the requirements in subpart 1 are superseded by the more-
prescriptive requirements of subpart 2).
    In the April 30, 2004 designation rulemaking, EPA divided 8-hour 
ozone nonattainment areas into the categories of subpart 1 
nonattainment (basic nonattainment areas) and subpart 2 nonattainment 
(classified nonattainment

[[Page 69445]]

areas) based on their 8-hour ozone design values (i.e., the three-year 
average annual fourth-highest daily maximum 8-hour ozone concentrations 
at the worst-case monitoring sites in the designated areas) and their 
1-hour ozone design values (i.e., the fourth-highest daily maximum 1-
hour ozone concentrations over the three-year period at the worst-case 
monitoring sites in the designated areas).\2\ 8-hour ozone 
nonattainment areas with 1-hour ozone design values equaling or 
exceeding 121 ppb were designated as classified nonattainment areas (as 
nonattainment areas required to meet the requirements of subpart 2 of 
the CAA). All other 8-hour ozone nonattainment areas were designated as 
basic nonattainment areas.
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    \2\ The 8-hour ozone design value and 1-hour ozone design value 
for each area were not necessarily recorded at the same monitoring 
site. The worst-case monitoring site for each concentration 
averaging time was considered for each area.
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    In the April 30, 2004 designation/classification rulemaking, 
Delaware County was designated as nonattainment for the 8-hour ozone 
standard, and was identified as a basic, subpart 1 nonattainment 
area.\3\ This designation was based on ozone data collected in Delaware 
County during the 2001-2003 period.
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    \3\ Because this area was not violating the 1-hour ozone NAAQS, 
with a 1-hour ozone design value at or above the 121 ppb cutoff at 
the time of the promulgation of the 8-hour ozone designations and 
classifications, EPA determined that this area should be addressed 
through the less-prescriptive requirements of subpart 1 of the CAA 
rather than through the more-prescriptive requirements of subpart 2 
of the CAA.
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    On August 25, 2005, the State of Indiana requested redesignation of 
Delaware County to attainment for the 8-hour ozone NAAQS based on ozone 
data collected during the 2002-2004 period. This redesignation request 
was supplemented on October 20, 2005 with a clarification of the 
State's intent with regard to the triggering of contingency measures in 
the ozone maintenance plan for Delaware County. Today's final rule 
addresses the ozone redesignation request as modified.

II. What Are the Criteria for Redesignation to Attainment?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) allows for 
redesignation to attainment provided that: (1) The Administrator 
determines that the area has attained the applicable NAAQS; (2) the 
Administrator has fully approved an applicable SIP for the area under 
section 110(k) of the CAA; (3) the Administrator determines that the 
improvement in air quality is due to permanent and enforceable 
emissions reductions resulting from implementation of the applicable 
SIP, Federal air pollution control regulations, and other permanent and 
enforceable emissions reductions; (4) the Administrator has fully 
approved a maintenance plan for the area as meeting the requirements of 
section 175A of the CAA; and, (5) the State containing the area has met 
all requirements applicable to the area under section 110 and part D of 
the CAA.
    EPA provided guidance on redesignation in the General Preamble for 
the Implementation of Title I of the CAA Amendments of 1990 on April 
16, 1992 (57 FR 13498), and supplemented this guidance on April 29, 
1992 (57 FR 13498). EPA provided further guidance on processing 
redesignation requests in the following documents:

    Ozone and Carbon Monoxide Design Value Calculations,'' Memorandum 
from Bill Laxton, June 18, 1990;
    ``Maintenance Plans for Redesignation of Ozone and Carbon Monoxide 
Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, April 30, 1992;
    ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992;
    ``State Implementation Plan (SIP) Actions Submitted in Response to 
Clean Air Act (Act) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992; 
``Technical Support Documents (TSD's) for Redesignation of Ozone and 
Carbon Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, 
Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
    ``State Implementation Plan (SIP) Requirements for Areas Submitting 
Requests for Redesignation to Attainment of the Ozone and Carbon 
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On or 
After November 15, 1992,'' Memorandum from Michael H. Shapiro, Acting 
Assistant Administrator for Air and Radiation, September 17, 1993;
    ``Use of Actual Emissions in Maintenance Demonstrations for Ozone 
and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, Acting 
Director, Air Quality Management Division, November 30, 1993;
    ``Part D New Source Review (part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and,
    ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, May 10, 1995.

III. What Is the Effect of EPA's Actions?

    Approval of this redesignation request would change the official 
designation of Delaware County for the 8-hour ozone NAAQS found at 40 
CFR part 81 from nonattainment to attainment. This final rule would 
also incorporate into the Indiana SIP a plan for maintaining the 8-hour 
ozone NAAQS in the area through 2015. The maintenance plan includes 
contingency measures to remedy or prevent possible future violations of 
the 8-hour ozone NAAQS, and establishes MVEB's of 3.50 tons per day 
(tpd) for VOC and 4.82 tpd for NOX for Delaware County.

IV. What Is EPA's Analysis of the State's Request?

    In this final rule, EPA: (1) Determines that Delaware County has 
attained the 8-hour ozone standard and approves the redesignation of 
Delaware County to attainment of the 8-hour ozone NAAQS; and, (2) 
approves the ozone maintenance plan and 2015 VOC and NOX 
MVEBs for this area. The bases for our determination and approvals are 
as follows:

1. Delaware County Has Attained the 8-Hour Ozone NAAQS

    EPA has determined that Delaware County has attained the 8-hour 
ozone NAAQS. For ozone, an area may be considered to be attaining the 
8-hour ozone NAAQS if there are no violations of the NAAQS, as 
determined in accordance with 40 CFR 50.10 and Appendix I of 40 CFR 
part 50, based on the most recent three complete, consecutive calendar 
years of quality-assured air quality monitoring data at any monitoring 
site in the area. To attain this standard, the average of the annual 
fourth-high daily maximum 8-hour average ozone concentrations recorded 
at each monitor (the monitoring site's ozone design value) over the 3-
year period must not exceed

[[Page 69446]]

the ozone standard. Based on the rounding convention described in 40 
CFR part 50, Appendix I, the 8-hour ozone standard is attained if the 
area's ozone design value (highest ozone design value for all 
monitoring sites in the area) is 84 ppb or lower. The data must be 
collected and quality-assured in accordance with 40 CFR part 58, and 
recorded in EPA's Aerometric Information Retrieval System (AIRS). The 
ozone monitors generally should have remained at the same locations for 
the duration of the monitoring period required for demonstrating 
attainment (for three years or more).
    As part of the August 25, 2005 ozone redesignation request, IDEM 
submitted summarized ozone monitoring data indicating the top four 
daily maximum 8-hour ozone concentrations for the sole monitoring site 
in Delaware County, Albany Elementary, for each year during the 2001-
2004 period. These ozone concentrations have been quality-assured and 
are a subset of the quality-assured ozone data stored in EPA's AIRS. 
The annual fourth-high 8-hour ozone monitoring concentrations and the 
three-year average fourth-high 8-hour ozone concentrations are 
summarized in Table 1. Of particular note is the three-year average for 
the 2002-2004 period, the air quality basis for the determination of 
attainment for Delaware County.

 Table 1.--Annual Fourth-High 8-Hour Ozone Concentrations and Three-Year
   Average Fourth-High 8-Hour Ozone Concentrations in Delaware County
                     Indiana, Concentrations in PPB
------------------------------------------------------------------------
                                          Fourth-high  8-   Three-year
              Site                 Year        hour         average for
                                           concentration    ending year
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Albany Elementary..............     2001              84              NA
Albany Elementary..............     2002              95              NA
Albany Elementary..............     2003              85              88
Albany Elementary..............     2004              70              83
------------------------------------------------------------------------

    These data show that the ozone design value (average annual fourth-
high daily maximum 8-hour ozone concentration over a three-year period) 
for the only ozone monitoring site in Delaware County during the 2002-
2004 period is below the 85 ppb 8-hour ozone standard violation cut-
off. These data support the conclusion that Delaware County did not 
experience a monitored violation of the 8-hour ozone standard during 
the period of 2002-2004. Preliminary data through September of the 2005 
ozone season show that Delaware County continues to attain the 8-hour 
ozone standard.
    EPA believes that the data submitted by Indiana provide an adequate 
demonstration that Delaware County has attained the 8-hour ozone NAAQS.
    Indiana has committed to continue ozone monitoring in Delaware 
County. IDEM commits to consult with the EPA prior to making any 
changes in this ozone monitoring.

2. Delaware County Has Met All Applicable Requirements Under Section 
110 and Part D of the CAA and the Area Has a Fully Approved SIP Under 
Section 110(k) of the CAA

    We have determined that Indiana has met all currently applicable 
SIP requirements for purposes of redesignation of Delaware County under 
section 110 of the CAA (general SIP requirements). We have also 
determined that the Indiana SIP meets all SIP requirements currently 
applicable for purposes of redesignation under Part D of title I of the 
CAA (requirements specific to subpart 1 nonattainment areas). See 
section 107(d)(3)(E)(v) of the CAA. In addition, we have determined 
that the Indiana SIP is fully approved with respect to requirements 
applicable for purposes of redesignation. See section 107(d)(3)(E)(ii) 
of the CAA. In making these determinations, we have ascertained what 
SIP requirements are applicable to the area for purposes of 
redesignation, and have determined that the portions of the SIP meeting 
these requirements are fully approved under section 110(k) of the CAA. 
We note that SIPs must be fully approved only with respect to currently 
applicable requirements of the CAA.
    a. Delaware County has met all applicable requirements under 
section 110 and part D of the CAA. The September 4, 1992 Calcagni 
memorandum (see ``Procedures for Processing Requests to Redesignate 
Areas to Attainment,'' Memorandum from John Calcagni, Director, Air 
Quality Management Division, September 4, 1992) describes EPA's 
interpretation of section 107(d)(3)(E) of the CAA. Under this 
interpretation, to qualify for redesignation of an area to attainment, 
the state and the area must meet the relevant CAA requirements that 
come due prior to the state's submittal of a complete redesignation 
request for the area. See also the September 17, 1993 Shapiro 
memorandum and 66 FR 12459, 12465-12466 (March 7, 1995) (redesignation 
of Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone 
NAAQS). Applicable requirements of the CAA that come due subsequent to 
the state's submittal of a complete request remain applicable until a 
redesignation to attainment is approved, but are not required as a 
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra 
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427 
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to 
attainment of the 1-hour ozone NAAQS).
    General SIP requirements: Section 110(a) of title I of the CAA 
contains the general requirements for a SIP, which include: enforceable 
emission limitations and other emission control measures, means, or 
techniques; provisions for the establishment and operation of 
appropriate devices necessary to collect data on ambient air quality; 
and programs to enforce the emission limitations. General SIP elements 
and requirements are delineated in section 110(a)(2) of title I, part A 
of the CAA. These requirements and SIP elements include, but are not 
limited to, the following: (a) Submittal of a SIP that has been adopted 
by the state after reasonable public notice and a hearing; (b) 
provisions for establishment and operation of appropriate procedures 
needed to monitor ambient air quality; (c) implementation of a source 
permit program; (d) provisions for implementation of part C 
requirements (Prevention of Significant Deterioration (PSD)) and part D 
requirements (New Source Review (NSR)) for new sources or major source 
modifications; (e) criteria for stationary source emission control 
measures, monitoring, and reporting; (f) provisions for air quality 
modeling; and (g) provisions for public and local agency participation.

[[Page 69447]]

    Section 110(a)(2)(D) of the CAA requires that SIPs contain certain 
measures to prevent sources in a state from significantly contributing 
to air quality problems in another state. To implement this provision, 
EPA has required certain states to establish programs to address 
transport of air pollutants (NOX SIP call, Clean Air 
Interstate Rule (CAIR)). However, the section 110(a)(2)(D) requirements 
for a state are not linked with a particular nonattainment area's 
designation and classification. EPA believes that the requirements 
linked with a particular nonattainment area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request. The transport SIP submittal requirements, where 
applicable, continue to apply to a state regardless of the desgination 
of any one particular area in the state.
    We believe that these requirements should not be construed to be 
applicable requirements for purposes of redesignation. Further, we 
believe that the other section 110 elements described above that are 
not connected with nonattainment plan submissions and not linked with 
an area's attainment status are also not applicable requirements for 
purposes of redesignation. A state remains subject to these 
requirements after an area is redesignated to attainment. We conclude 
that only the section 110 and part D requirements which are linked with 
a particular area's designation and classification are the relevant 
measures in evaluating a redesignation request. This approach is 
consistent with EPA's existing policy on applicability of conformity 
and oxygenated fuels requirements for redesignation purposes, as well 
as with section 184 ozone transport requirements. See Reading, 
Pennsylvania, proposed and final rulemakings (61 FR 53174-53176, 
October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-Loraine, 
Ohio, final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida, 
final rulemaking (60 FR 62748, December 7, 1995). See also the 
discussion on this issue in the Cincinnati ozone redesignation (65 FR 
37890, June 19, 2000), and the Pittsburgh ozone redesignation (66 FR 
50399, October 19, 2001).
    We believe that section 110 elements not linked to the area's 
nonattainment status are not applicable for purposes of redesignation. 
Any section 110 requirements that are linked to the part D requirements 
for 8-hour ozone nonattainment areas are not yet due, since, as 
explained below, no Part D requirements applicable for purposes of 
redesignation under the 8-hour standard became due prior to submission 
of the redesignation requests. Therefore, as discussed above, for 
purposes of redesignation, they are not considered applicable 
requirements.
    Part D SIP requirements. EPA has determined that the Indiana SIP 
meets applicable SIP requirements under part D of the CAA since no 
requirements applicable for purposes of redesignation became due for 
the 8-hour ozone standard prior to submission of the Delaware County 
redesignation request. Subpart 1 of part D, found in sections 172-176 
of the CAA, sets forth the basic nonattainment area plan requirements 
applicable to all nonattainment areas. Because Delaware County is a 
subpart 1 8-hour ozone nonattainment area and is not classified under 
subpart 2 of part D of the CAA for the 8-hour ozone standard, subpart 2 
of part D of the CAA does not apply to this area.
    Part D, Subpart 1 applicable requirements. For purposes of 
evaluating this ozone redesignation request, the applicable part D, 
subpart 1 SIP requirements for Delaware County are contained in section 
172 of the CAA. A thorough discussion of the requirements of section 
172 can be found in the General Preamble for Implementation of Title I 
(57 FR 13498, April 16, 1992).
    No requirements applicable for purposes of redesignation under part 
D became due prior to submission of the redesignation request, and, 
therefore, none is applicable to the area for purposes of 
redesignation. For example, the requirement for an ozone attainment 
demonstration to meet the requirement of section 172(c)(1) is not yet 
applicable, nor are the requirements for Reasonably Available Control 
Measures (RACM) and Reasonably Available Control Technology (RACT) 
(section 172(c)(1)), Reasonable Further Progress (RFP) (section 
172(c)(2)), and contingency measures (section 172(c)(9)).
    Since the State of Indiana has submitted a complete ozone 
redesignation request for Delaware County prior to the deadline for any 
submissions required for purposes of redesignation, we have determined 
that these requirements do not apply to Delaware County for purposes of 
redesignation.
    Section 176 conformity requirements. Section 176(c) of the CAA 
requires states to establish criteria and procedures to ensure that the 
Federally-supported and funded activities, including highway projects, 
conform to the air planning goals in the applicable SIPs. The 
requirement to determine conformity applies to transportation plans, 
programs and projects developed, funded, or approved under Title 23 
U.S.C. and the Federal Transit Act (transportation conformity) as well 
as to all other Federally supported or funded projects (general 
conformity). State conformity revisions must be consistent with Federal 
conformity regulations relating to consultation, enforcement, and 
enforceability that the CAA required the EPA to promulgate.
    EPA believes that it is reasonable to interpret the conformity SIP 
requirements as not applying for purposes of evaluating the ozone 
redesignation request under section 107(d) of the CAA because state 
conformity rules are still required after redesignation of an area to 
attainment of a NAAQS and Federal conformity rules apply where state 
rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 
2001). See also 60 FR 62748 (December 7, 1995) (Tampa, Florida).
    Identification and Quantification of Allowable Emissions for Major 
New or Modified Stationary Sources. EPA has also determined that areas 
being redesignated need not comply with the requirement that a NSR 
program be approved prior to redesignation, provided that the area 
demonstrates maintenance of the standard without part D NSR, since PSD 
requirements will apply after redesignation. A more detailed rationale 
for this view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled, 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' Indiana has demonstrated that Delaware 
County will be able to maintain the 8-hour ozone standard without part 
D NSR in effect, and therefore, EPA concludes that the State need not 
have a fully approved part D NSR program prior to approval of the 
redesignation request. The State's PSD program will become effective in 
Delaware County upon redesignation to attainment. See rulemakings for 
Detroit, Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-
Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville, 
Kentucky (66 FR 53665, October 23, 2001); Grand Rapids, Michigan (61 FR 
31834-31837, June 21, 1996). Thus, the area has satisfied all 
applicable requirements for purposes of redesignation under section 110 
and part D of the CAA.
    b. Delaware County has a fully approved SIP under section 110(k) of 
the CAA. EPA has fully approved the Indiana SIP for Delaware County 
under section 110(k) of the CAA for all

[[Page 69448]]

requirements applicable for purposes of redesignation. EPA may rely on 
prior SIP approvals in approving a redesignation request (See the 
September 4, 1992 John Calcagni memorandum, page 3, Southwestern 
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-990 (6th 
Cir. 1998), Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)) plus on any 
additional measures it may approve in conjunction with a redesignation 
action. See 68 FR 25426 (May 12, 2003). Since the passage of the CAA of 
1970, Indiana has adopted and submitted, and EPA has fully approved, 
provisions addressing the various required SIP elements applicable to 
Delaware County for the 1-hour ozone standard. No Delaware County-
related SIP provisions are currently disapproved, conditionally 
approved, or partially approved. As indicated above, EPA believes that 
the section 110 elements not connected with nonattainment plan 
submissions and not linked to the area's nonattainment status are not 
applicable requirements for purposes of redesignation. EPA also 
believes that since the part D requirements applicable for purposes of 
redesignation did not become due prior to submission of the 
redesignation request, they also are, therefore, not applicable 
requirements for purposes of redesignation.

3. The Air Quality Improvement in Delaware County Is Due to Permanent 
and Enforceable Reductions in Emissions From Implementation of the SIP 
and Applicable Federal Air Pollution Control Regulations and Other 
Permanent and Enforceable Emission Reductions

    EPA believes that the State of Indiana has demonstrated that the 
observed air quality improvement in Delaware County is due to permanent 
and enforceable reductions in emissions resulting from the 
implementation of the SIP, Federal measures, and other state-adopted 
measures.
    In making this demonstration, the State has documented the changes 
in VOC and NOX emissions for both Delaware County and for 
nine Central Indiana Counties (Boone, Hamilton, Hancock, Hendricks, 
Johnson, Madison, Marion, Morgan, and Shelby), whose emissions are 
believed to substantially impact the air quality in Delaware County, 
for the years of 2000 and 2002.\4\ 2000 is a year in which Delaware was 
in violation of the 8-hour ozone standard, and 2002 is the first year 
of the three-year period in which Delaware County attained the 8-hour 
ozone standard.
---------------------------------------------------------------------------

    \4\ Emissions data for years after 2002 are not available for 
all sources. Note that 2002 is part of the three-year period in 
which Delaware County has attained the 8-hour ozone standard, and, 
therefore, can be considered to be an attainment year for purposes 
of demonstrating the connection between emissions and the 
improvement in air quality and for demonstrating maintenance of the 
8-hour ozone standard.
---------------------------------------------------------------------------

    A comparison of the VOC and NOX emissions for Delaware 
County and the Central Indiana Counties for 2000 and 2002 is summarized 
in Tables 2 and 3.

 Table 2.--VOC Emissions in Delaware County and Central Indiana Counties
                    in 2000 and 2002 in Tons Per Year
------------------------------------------------------------------------
                 County                        2000            2002
------------------------------------------------------------------------
Delaware................................             396             300
Boone...................................              22               9
Hamilton................................             197             148
Hancock.................................             319             178
Hendricks...............................              45              37
Johnson.................................           1,006             494
Madison.................................             414             485
Marion..................................           3,115           2,100
Morgan..................................              37             112
Shelby..................................             859             914
                                         -----------------
    Totals..............................           6,410           4,777
------------------------------------------------------------------------


 Table 3.--NOX Emissions in Delaware County and Central Indiana Counties
                    in 2000 and 2002 in Tons Per Year
------------------------------------------------------------------------
                 County                        2000            2002
------------------------------------------------------------------------
Delaware................................             300             186
Boone...................................               0               0
Hamilton................................            2155            1193
Hancock.................................              84              58
Hendricks...............................             124               2
Johnson.................................              10               8
Madison.................................             434             326
Marion..................................           12718           12056
Morgan..................................            4603            4743
Shelby..................................            2681            1591
                                         -----------------
    Totals..............................           23109           20163
------------------------------------------------------------------------

    In the above tables, the most relevant emissions are those for 
Delaware County. These data show that the local VOC and NOX 
emissions have declined between 2000, a year preceding the 2001-2003 
violation period with emissions indicative of the emissions at the 
start of the ozone violation period, and 2002, one of the years in the 
three-year attainment period.
    The Central Indiana Counties are generally upwind of Delaware 
County

[[Page 69449]]

on high-ozone days. The cumulative VOC and NOX emissions 
reductions in these Counties have contributed to the observed air 
quality improvement in Delaware County. Past ozone data analyses and 
ozone modeling conducted by the States in the Lake Michigan Air 
Directors Consortium (LADCO) have demonstrated that peak ozone levels 
throughout the Upper Midwest are significantly impacted by pollutant 
transport from upwind areas. Therefore, regional emissions reductions 
are assumed to have contributed to the air quality improvement in 
Delaware County.
    IDEM notes that the NOX emissions in this area (Delaware 
County and the Central Indiana Counties) are decreasing primarily in 
response to national emission control programs affecting all Electric 
Generating Units (EGUs), including the acid rain control program and 
the NOX SIP call. The VOC reduction in Delaware County is 
due to a plant closure, which IDEM considers to be permanent and 
enforceable. The VOC emissions reduction in Marion County is primarily 
due to mobile source emission controls, including the Federal Motor 
Vehicle Emissions Control Program, and to implementation of emission 
controls on stationary sources.
Emission Control Measures Implemented in Delaware County
    To support the conclusion that the air quality improvement in 
Delaware County is due to permanent and enforceable emission 
reductions, IDEM documented the emission controls that have been 
implemented in Delaware County and in nearby, upwind Counties. The 
following discusses the emission controls that have been implemented in 
this area:
    a. Reasonably Available Control Technology (RACT). IDEM notes that 
Delaware County was not previously required to be covered by RACT rules 
for existing sources under the CAA. Statewide RACT rules, however, have 
been required by Indiana and implemented through the following RACT 
rules:

    326 IAC 8-1-6 Best Available Control Technology (BACT) for some 
Sources;
    326 IAC 8-2 Surface Coating Emission Limitations;
    326 IAC 8-3 Organic Solvent Degreasing Operations;
    326 IAC 8-4 Petroleum Sources;
    326 IAC 8-5 Miscellaneous Operations;
    326 IAC 8-6 Organic Solvent Emission Limitations;
    326 IAC 8-8.1 Landfill Emission Controls; and,
    326 IAC 8-10 Auto Body Refinishing.

    b. NOX Rules. Under EPA's NOX SIP call, 
Indiana was required to adopt and implement NOX emission 
control requirements for EGUs, industrial boilers, and cement kilns. 
Indiana has adopted the required emission control rules. Emission 
reductions resulting from these rules were required to begin in 2004, 
and should ultimately reduce NOX emissions by 31 percent 
statewide, with the emission reductions increasing through 2007. Note 
that statewide NOX emissions actually began to decline in 
2002 as sources phased in emission controls needed to comply with the 
State's NOX emission control regulations. From 2004 on, 
NOX emissions from EGUs are capped at a statewide total well 
below pre-2002 levels. As noted below, NOX emissions are 
expected to decline further as the State meets the requirements of 
EPA's Phase II NOX SIP call.
    c. Federal Emission Control Measures. Reductions in VOC and 
NOX emissions have occurred statewide as a result of Federal 
emission control measures, with additional emission reductions expected 
to occur in the future as additional emission controls are implemented. 
The Federal emission control measures have included: (1) National low 
emission vehicle standards; (2) Tier II emission standards for 
vehicles; (3) gasoline sulfur limits; and, (4) heavy-duty diesel engine 
standards. In addition, in 2004, EPA issued the Clean Air Non-road 
Diesel Rule. This rule will reduce off-road diesel emissions through 
2010, with emission reductions starting in 2008.
    Based on the information summarized above, we conclude that Indiana 
has adequately demonstrated that emissions have declined between 2000 
and 2002 in Delaware County and in its upwind counties as a result of 
permanent and enforceable emission controls. Available ozone modeling 
(see the discussion of available ozone modeling in the section 
addressing the ozone maintenance plan below) shows that local VOC 
emission reductions and regional NOX emission reductions 
lead to lower ozone levels in this area. Based on this observation and 
the documentation of the emission reductions between 2000 and 2002, we 
conclude that the VOC and NOX emission reductions that 
occurred between 2000 and 2002 have contributed to the reduction in 
peak ozone levels that have been observed in Delaware County between 
the periods of 2001-2003 and 2002-2004.

4. Delaware County Has a Fully Approvable Ozone Maintenance Plan 
Pursuant to Section 175A of the CAA

    In conjunction with the request for the redesignation of Delaware 
County to attainment of the 8-hour ozone NAAQS, IDEM submitted a 
requested SIP revision to provide for maintenance of the 8-hour ozone 
NAAQS in Delaware County for at least 10 years after the redesignation 
of this area to attainment of the NAAQS, through 2015.
a. What Is Required in an Ozone Maintenance Plan?
    Section 175A of the CAA sets forth the required elements of 
maintenance plans for areas seeking redesignation from nonattainment to 
attainment. Under section 175A, a maintenance plan must demonstrate 
continued attainment of the applicable NAAQS for at least ten years 
after the Administrator approves the redesignation to attainment. The 
State must submit a revised maintenance plan eight years after the 
redesignation which demonstrates that attainment will continue to be 
maintained for ten years following the initial ten-year maintenance 
period. To address the possibility of future NAAQS violations, the 8-
hour ozone maintenance plan must contain contingency measures, with a 
schedule for implementation, as EPA deems necessary, to assure prompt 
correction of any future ozone standard violation.
    The September 4, 1992 John Calcagni memorandum provides additional 
guidance on the content of maintenance plans. An ozone maintenance plan 
should address the following items: (1) The attainment VOC and 
NOX emissions inventories; (2) a maintenance demonstration 
showing maintenance for the ten years of the maintenance period; (3) a 
commitment to maintain the existing monitoring network; (4) factors and 
procedures to be used for verification of continued attainment of the 
NAAQS; and,
    (5) a contingency plan to prevent or correct future violations of 
the NAAQS.
b. Attainment Emissions Inventories
    IDEM prepared and documented comprehensive VOC and NOX 
emissions inventories for Delaware County and the Central Indiana 
Counties for 2002, the base/attainment year. These emissions include 
point (significant stationary sources), area (smaller stationary 
sources and widely-distributed sources), mobile on-road, and mobile 
non-road sources.
    To develop the attainment year emissions inventories, IDEM used the

[[Page 69450]]

following approaches and sources of data:
    Area Sources--Area source VOC and NOX emissions were 
taken from the Indiana 2002 periodic emissions inventory, which was 
previously submitted to the EPA. The area source emission estimates 
were derived using United States Department of Commerce Bureau of 
Economic Analysis (BEA) growth factors to project emissions to 2002 
from prior years.
    Mobile On-Road Sources--Mobile on-road emissions were calculated 
using MOBILE6 emission factors. Traffic data (vehicle miles traveled, 
vehicle speeds, and vehicle type and age distributions) for 2002 were 
calculated using the travel demand model and post-processor provided by 
the Delaware-Muncie Municipal Planning Commission (DMMPC). IDEM has 
provided detailed data summaries to document the calculation of mobile 
on-road VOC and NOX emissions for 2002, as well as for the 
projection years of 2010 and 2015 (further discussed below).
    Point Source Emissions--2002 point source emissions were compiled 
from IDEM's 2002 annual emissions statement database and from the 2002 
EPA Air Markets acid rain emissions inventory database.
    Mobile Non-Road Emissions--Non-road mobile source emissions were 
generated by the EPA and documented in the 2002 National Emissions 
Inventory (NEI). In addition to the data taken from the NEI, IDEM also 
considered updated and revised emissions obtained from LADCO. IDEM also 
used data supplied by LADCO contractors to determine and assign 
emissions by county for railroads, recreational motorboats, and 
construction equipment. The emissions from construction equipment were 
revised based on surveys completed in the Midwest.
    The 2002 attainment year VOC and NOX emissions for 
Delaware County are summarized along with the 2010 and 2015 projected 
emissions for Delaware County in Table 4 below. It is our conclusion 
that the State has adequately derived and documented the attainment 
year VOC and NOX emissions for this area.
c. Demonstration of Maintenance
    As part of its August 25, 2005 ozone redesignation request 
submittal, IDEM requested revision of the SIP to include a 10-year 
ozone maintenance plan as required by section 175A of the CAA. This 
submission shows maintenance of the 8-hour ozone NAAQS by demonstrating 
that current and future emissions of VOC and NOX remain at 
or below the attainment year emissions levels.\5\ Note that a 
maintenance demonstration may be based on projected emissions and need 
not be based on ozone modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 
2001), Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 66 FR 
53094, 53099-53100 (October 19, 2001) and 68 FR 25430-25432 (May 12, 
2003).
---------------------------------------------------------------------------

    \5\ The attainment year can be any year of the three consecutive 
years where the area has recorded clean air quality data (2002, 
2003, or 2004 for Delaware County). 2002 is the recommended base 
year for ozone attainment and rate-of-progress demonstrations, as 
discussed in a November 18, 2002 memorandum, ``2002 Base Year 
Emission Inventory SIP planning: 8-hr Ozone, PM2.5 and 
Regional Haze Programs,'' from Lydia N. Wegman, Director, Air 
Quality Strategies and Standards Division, Office of Air Quality 
Planning and Standards. As noted here, Indiana chose to use 2002 as 
the attainment year because the State was already preparing 
emissions for this year to prepare the base year emissions 
inventory.
---------------------------------------------------------------------------

    Table 4 summarizes the VOC and NOX emissions for 
Delaware County for 2002, 2010, and 2015 in Tons Per Summer Day (TPSD). 
IDEM chose 2010 as an interim year in the 10-year maintenance 
demonstration period to show that the VOC and NOX emissions 
are not projected to increase above the 2002 attainment levels in the 
middle of the 10-year period.

                             Table 4.--Attainment Year (2002) and Projected VOC and NOX Emissions in Delaware County (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                      Source sector                      -----------------------------------------------------------------------------------------------
                                                               2002            2010            2015            2002            2010            2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................            0.83            1.00            1.17            0.35            0.37            0.39
Area....................................................            9.79           11.48           12.67            1.43            1.54            1.58
On-Road.................................................            8.19            4.69            3.33           13.89            7.66            4.59
Non-Road................................................            9.23            5.43            5.28            4.11            3.29            2.74
                                                         -----------------
    Total...............................................           28.04           22.60           22.45           19.78           12.86            9.30
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The emission projections show that in Delaware County, emissions 
are not expected to exceed the levels of the 2002 attainment year 
inventory during the 10-year maintenance period. Delaware County VOC 
and NOX emissions are projected to decrease by 5.59 TPSD and 
10.48 TPSD, respectively, between 2002 and 2015.
    Emission control measures to remain in effect. Indiana commits to 
maintain the implemented emission control measures after redesignation 
of Delaware County to attainment of the 8-hour ozone NAAQS. Any 
revisions to emission control regulations and emission limits will be 
submitted to the EPA for approval as SIP revisions.
    Modeling support for the impact of emission changes on air quality 
and further improvements in air quality. IDEM notes that, although 
ozone modeling is not required to support ozone redesignation requests, 
a significant amount of ozone modeling data exist that support the 
connection between emission reductions and air quality improvement, 
including ozone modeling data that support a demonstration of 
maintenance for Delaware County. IDEM notes that the available ozone 
modeling data demonstrate that Delaware County is significantly 
impacted by ozone and ozone precursor transport and that regional 
NOX emission reductions are significantly beneficial for 
reducing 8-hour ozone concentrations in Delaware County.
    IDEM draws the following conclusions from the various ozone 
modeling analyses that have addressed the Midwest:
    i. EPA Modeling Analyses for the Heavy Duty Engine Rule. EPA 
conducted ozone modeling for the Tier II vehicles and low-sulfur fuels 
to support the final rulemaking for the Heavy Duty Engine (HDE) 
standards and highway diesel fuel rule (Tier II/Low Sulfur Fuel Rule). 
This modeling, in part, addressed ozone levels in Delaware County and 
the Central Indiana Counties. A base year of 1996 was modeled, and 
impacts of fuel changes and the NOX SIP call were

[[Page 69451]]

modeled using high ozone episodes in 1995. The modeling supports the 
conclusion that the fuel improvements and the NOX SIP call 
should result in significant ozone improvements (lower projected ozone 
concentrations) in Delaware County and in the Central Indiana Counties. 
Using the modeling results to determine Relative Reduction Factors 
(RRFs)\6\ and considering the 2001-2003 ozone design value (88 ppb) for 
the Albany Elementary monitoring site, IDEM projected the 2007 ozone 
design value for the Albany Elementary monitor to be 81.4 ppb. 
Therefore, the NOX SIP call and fuel modifications 
considered in the ozone modeling were found to significantly improve 
the ozone levels in Delaware County.
---------------------------------------------------------------------------

    \6\ Relative Reduction Factors are fractional changes in peak 
ozone concentrations projected to occur as the result of changes in 
ozone precursor emissions resulting from the implementation of 
emission control strategies. Relative Reduction Factors derived 
through the ozone modeling area applied to monitored peak ozone 
concentrations to project post-control peak ozone levels.
---------------------------------------------------------------------------

    ii. LADCO Modeling Analysis for the 8-Hour Ozone Standard 
Assessment. LADCO has performed ozone modeling to evaluate the effects 
of the NOX SIP call and Tier II/Low Sulfur Fuel Rule on 2007 
ozone levels in the Lake Michigan area, which includes Delaware County 
and the Central Indiana Counties. Like the EPA modeling discussed 
above, this modeling indicates that the ozone design value for the 
Albany Elementary monitoring site would be significantly reduced by 
2007 as the result of implementing the NOX SIP call and the 
Tier II/Low Sulfur Fuel Rule.
    The modeling results indicate that ozone levels will continue to 
drop in Delaware County as the modeled emission control programs are 
implemented. It should be noted that the improved air quality resulting 
from the existing Federal rules will be supplemented by additional 
emission reductions resulting from the implementation of the Clean Air 
Interstate Rule (CAIR) promulgated by the EPA on March 10, 2005, 70 FR 
25161. CAIR is expected to further reduce the transport of 
NOX and ozone into Delaware County as the result of 
decreased NOX emissions outside of Delaware County.
d. Monitoring Network
    Indiana currently operates one ozone monitor in Delaware County. 
IDEM has committed to continue operating and maintaining an approved 
ozone monitor in Delaware County.
e. Verification of Continued Attainment
    Continued attainment of the ozone NAAQS in Delaware County depends, 
in part, on the State's tracking of indicators of continued attainment 
during the maintenance period. The State's plan for verifying continued 
attainment of the 8-hour standard in Delaware County consists of plans 
to continue ambient ozone monitoring in accordance with the 
requirements of 40 CFR part 58. In addition, IDEM will periodically 
revise and review the VOC and NOX emissions inventories for 
Delaware County to ensure that emissions growth is not threatening the 
continued attainment of the 8-hour ozone standard. Emissions 
inventories will be revised for 2005, 2008, and 2011, as necessary to 
comply with the emissions inventory reporting requirements of the CAA. 
The updated emissions inventories will be compared to the 2002 
emissions inventories to assess emission trends and assure continued 
attainment of the 8-hour ozone standard.
f. Contingency Plan
    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the State will promptly correct a violation of 
the NAAQS that might occur after redesignation. The maintenance plan 
should identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency measures, 
and a time limit for action by the state. The state should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all measures with respect to control of the pollutant(s) that 
were contained in the SIP before redesignation of the area to 
attainment. See section 175A(d) of the CAA.
    As required by section 175A of the CAA, Indiana has adopted a 
contingency plan for Delaware County to address a possible future ozone 
air quality problem. The contingency plan adopted by Indiana has two 
levels of responses, depending on whether a violation of the 8-hour 
ozone standard is only threatened (Warning Level) or is imminent or has 
occurred (Action Level).
    A Warning Level response will occur when an annual (1-year) fourth-
high monitored daily peak 8-hour ozone concentration of 88 ppb or 
higher is monitored in a single ozone season at any monitor within the 
ozone maintenance area. A Warning Level response will consist of 
Indiana performing a study to determine whether the high ozone 
concentration indicates a trend toward high ozone levels or whether 
emissions are increasing. If a trend toward higher ozone concentrations 
exists and is likely to continue, the emissions control measures 
necessary to reverse the trend will be determined, taking into 
consideration ease and timing of implementation, as well as economic 
and social considerations. The study, including applicable recommended 
next steps, will be completed within 12 months from the close of the 
ozone season with the recorded high ozone concentration. If emission 
controls are needed to reverse the adverse ozone trend, the procedures 
for emission control selection under the Action Level response will be 
followed.
    An Action Level response will occur when a two-year average annual 
fourth-high monitored daily peak 8-hour ozone concentration of 85 ppb 
or greater occurs at any monitor in the ozone maintenance area or when 
a violation of the 8-hour ozone standard occurs at any monitor in the 
ozone maintenance area (Delaware County).\7\ In this situation, IDEM 
will determine the additional emission control measures needed to 
assure future attainment of the 8-hour ozone NAAQS. IDEM will focus on 
emission control measures that can be implemented in a short time, and 
selected emission control measures will be adopted and implemented 
within 18 months from the close of the ozone season with ozone 
monitoring data that prompted the Action Level response. Adoption of 
any additional emission control measures will be subject to the 
necessary administrative and legal procedures, including publication of 
notices and the opportunity for public comment and response. If a new 
emission control measure is adopted by

[[Page 69452]]

the State (independent of the ozone contingency needs) or is adopted at 
a Federal level and is scheduled for implementation in a time frame 
that will mitigate an ozone air quality problem, IDEM will determine 
whether this emission control measure is sufficient to address the 
ozone air quality problem. If IDEM determines that existing or soon-to-
be-implemented emissions control measures are adequate to correct the 
ozone standard violation problem, IDEM may determine that additional 
emission control measures at the State level may be unnecessary. 
Regardless, IDEM will submit to the EPA an analysis to demonstrate that 
proposed emission control measures are adequate to provide for future 
attainment of the 8-hour ozone NAAQS in a timely manner. EPA notes that 
it is construing this provision to require that any non-federal control 
measure relied upon in lieu of a contingency measure will be adopted by 
the State for inclusion in the State SIP and will be submitted to EPA 
for approval as a revision of the SIP.
---------------------------------------------------------------------------

    \7\ On October 20, 2005, IDEM submitted a letter which verified 
the State's intent to activate an Action Level response in the event 
of a violation of the 8-hour ozone NAAQS in several areas, including 
Delaware County. The ozone maintenance plan submitted on August 25, 
2005 could be interpreted to require an Action Level response only 
in the event that the average annual fourth-high daily maximum 8-
hour ozone concentration equaled 85 ppb. Therefore, a violation of 
the 8-hour ozone standard would theoretically not have triggered an 
Action Level response under certain circumstances. The October 20, 
2005 submittal rectified this potential problem.
---------------------------------------------------------------------------

    Contingency measures contained in the maintenance plans are those 
emission controls or other measures that Indiana may choose to adopt 
and implement to correct possible air quality problems. These include, 
but are not limited to, the following:
    i. Lower Reid vapor pressure gasoline requirements;
    ii. Broader geographic applicability of existing emission control 
measures;
    iii. Tightened RACT requirements on existing sources covered by EPA 
Control Technique Guidelines (CTGs) issued in response to the 1990 CAA 
amendments;
    iv. Application of RACT to smaller existing sources;
    v. Vehicle Inspection and Maintenance (I/M);
    vi. One or more Transportation Control Measures (TCMs) sufficient 
to achieve at least a 0.5 percent reduction in actual area-wide VOC 
emissions, to be selected from the following:
    A. Trip reduction programs, including, but not limited to, 
employer-based transportation management plans, area-wide rideshare 
programs, work schedule changes, and telecommuting;
    B. Transit improvements;
    C. Traffic flow improvements; and
    D. Other new or innovative transportation measures not yet in 
widespread use that affect State and local governments as deemed 
appropriate;
    vii. Alternative fuel and diesel retrofit programs for fleet 
vehicle operations;
    viii. Controls on consumer products consistent with those adopted 
elsewhere in the United States;
    ix. VOC or NOX emission offsets for new or modified 
major sources;
    x. VOC or NOX emission offsets for new or modified minor 
sources;
    xi. Increased ratio of the emission offset required for new 
sources; and,
    xii. VOC or NOX emission controls on new minor sources 
(with VOC or NOX emissions less than 100 tons per year).
g. Provisions for Future Updates of the Ozone Maintenance Plan
    As required by section 175A(b) of the CAA, Indiana commits to 
submit to the EPA an update of the ozone maintenance plan eight years 
after redesignation of Delaware County to cover an additional 10-year 
period beyond the initial 10-year maintenance period.
    EPA has concluded that the maintenance plan adequately addresses 
the five basic components of a maintenance plan: attainment inventory, 
maintenance demonstration, monitoring network, verification of 
continued attainment, and a contingency plan. The maintenance plan SIP 
revision submitted by Indiana for Delaware County meets the 
requirements of section 175A of the CAA, and, therefore is approved.

V. Has Indiana Adopted Acceptable Motor Vehicle Emissions Budgets 
(MVEBs) for the End of the 10-Year Maintenance Plan (for 2015) Which 
Can Be Used To Support Conformity Determinations?

A. How are MVEBs developed and what are the MVEBs for Delaware County?

    Under the CAA, states are required to submit, at various times, 
control strategy SIP revisions and ozone maintenance plans for 
applicable areas (for ozone nonattainment areas and for areas seeking 
redesignations to attainment of the ozone standard). These emission 
control strategy SIP revisions (e.g., reasonable further progress SIP 
and attainment demonstration SIP revisions) and ozone maintenance plans 
create MVEBs based on on-road mobile source emissions for criteria 
pollutants and/or their precursors to address pollution from cars and 
trucks. The MVEBs are the portions of the total allowable emissions 
that are allocated to highway and transit vehicle use that, together 
with emissions from other sources in the area, will provide for 
attainment or maintenance.
    Under 40 CFR part 93, a MVEB for an area seeking a redesignation to 
attainment is established for the last year of the maintenance plan. 
The MVEB serves as a ceiling on emissions from an area's planned 
transportation system. The MVEB concept is further explained in the 
preamble to the November 24, 1993, transportation conformity rule (58 
FR 62188). The preamble also describes how to establish the MVEB in the 
SIP and how to revise the MVEB if needed.
    Under section 176(c) of the CAA, new transportation projects, such 
as the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the part of the SIP that addresses emissions from cars 
and trucks. Conformity to the SIP means that transportation activities 
will not cause new air quality violations, worsen existing air quality 
violations, or delay timely attainment of the NAAQS. If a 
transportation plan does not conform, most new transportation projects 
that would expand the capacity of roadways cannot go forward. 
Regulations at 40 CFR part 93 set forth EPA policy, criteria, and 
procedures for demonstrating and assuring conformity of such 
transportation activities to a SIP.
    When reviewing SIP revisions containing MVEBs, including attainment 
strategies, rate-of-progress plans, and maintenance plans, EPA must 
affirmatively find that the MVEBs are ``adequate'' for use in 
determining transportation conformity. Once EPA affirmatively finds the 
submitted MVEBs to be adequate for transportation conformity purposes, 
the MVEBs are used by state and federal agencies in determining whether 
proposed transportation projects conform to the SIP as required by 
section 176(c) of the Clean Air Act. EPA's substantive criteria for 
determining the adequacy of MVEBs are set out in 40 CFR 93.118(e)(4).
    EPA's process for determining adequacy of a MVEB consists of three 
basic steps: (1) Providing public notification of a SIP submission; (2) 
providing the public the opportunity to comment on the MVEB during a 
public comment period; and (3) making a finding of adequacy. The 
process of determining the adequacy of submitted SIP MVEBs was 
initially outlined in EPA's May 14, 1999 guidance, ``Conformity 
Guidance on Implementation of March 2, 1999, Conformity Court 
Decision.'' This guidance was finalized in the Transportation 
Conformity Rule Amendments for the ``New 8-Hour Ozone and PM2.5 
National Ambient Air Quality Standards and Miscellaneous Revisions for 
Existing Areas; Transportation Conformity Rule Amendments--Response to 
Court Decision and Additional Rule Change'' published on July 1, 2004 
(69 FR 40004). EPA follows this guidance and

[[Page 69453]]

rulemaking in making its adequacy determinations.
    Delaware County's 10-year maintenance plan submission contains new 
VOC and NOX MVEBs for 2015. The availability of the SIP 
submissions with these 2015 MVEBs was announced for public comment on 
EPA's adequacy Web page on August 2, 2005, at: http://www.epa.gov/otaq/transp/conform/currsips.htm. The EPA public comment period on adequacy 
of the 2015 MVEBs for Delaware County closed on September 1, 2005. No 
requests for this submittal or adverse comments on this submittal were 
received during the adequacy comment period. On November 7, 2005, EPA 
informed the State of Indiana, through a letter, that the 2015 MVEBs 
are adequate for the purposes of transportation conformity analyses.
    EPA, through this rulemaking, is approving the MVEBs for use to 
determine transportation conformity in Delaware County because EPA has 
determined that the area can maintain attainment of the 8-hour ozone 
NAAQS for the relevant 10-year period with mobile source emissions at 
the levels of the MVEBs. IDEM has determined the 2015 MVEBs for 
Delaware County to be 3.50 tpd for VOC and 4.82 tpd for NOX. 
It should be noted that these MVEBs exceed the on-road mobile source 
VOC and NOX emissions projected by IDEM for 2015, as 
summarized in Table 4 above (``on-road'' source sector). IDEM decided 
to include safety margins (described further below) of 0.17 tpd of VOC 
and 0.23 tpd for NOX in the MVEBs to provide for mobile 
source growth. Indiana has demonstrated that Delaware County can 
maintain the 8-hour ozone NAAQS with mobile source emissions of 3.50 
tpd of VOC and 4.82 tpd of NOX in 2015, including the 
allocated safety margins, since emissions will still remain under 
attainment year emission levels.

B. What is a safety margin?

    A ``safety margin'' is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan. As noted in Table 4, 
Delaware County VOC and NOX emissions are projected to have 
safety margins of 5.59 tpd for VOC and 10.48 tpd for NOX in 
2015 (the difference between the attainment year, 2002, emissions and 
the 2015 emissions for all sources in Delaware County). Even if 
emissions reached the full level of the safety margin, the counties 
would still demonstrate maintenance since emission levels would equal 
those in the attainment year.
    The MVEBs requested by IDEM contain safety margins for mobile 
sources significantly smaller than the allowable safety margins 
reflected in the total emissions for Delaware County. The State is not 
requesting allocation of the entire available safety margins reflected 
in the demonstration of maintenance. Therefore, even though the State 
is requesting MVEBs that exceed the on-road mobile source emissions for 
2015 contained in the demonstration of maintenance, the increase in on-
road mobile source emissions that can be considered for transportation 
conformity purposes is well within the safety margins of the ozone 
maintenance demonstration. Further, once allocated to mobile sources, 
these safety margins will not be available for use by other sources.

C. Are the MVEBs approvable?

    The VOC and NOX MVEBs for Delaware County are approvable 
because they maintain the total emissions for Delaware County at or 
below the attainment year inventory levels, as required by the 
transportation conformity regulations.

VI. Final Actions

    EPA is making a determination that Delaware County has attained the 
8-hour ozone NAAQS, and EPA is approving the redesignation of Delaware 
County from nonattainment to attainment for the 8-hour ozone NAAQS. 
After evaluating Indiana's redesignation request, EPA has determined 
that it meets the redesignation criteria set forth in section 
107(d)(3)(E) of the CAA. The final approval of this redesignation 
request would change the official designation for Delaware County from 
nonattainment to attainment for the 8-hour ozone standard.
    EPA is also approving the maintenance plan SIP revision for 
Delaware County. Approval of the maintenance plan is based on Indiana's 
demonstration that the plan meets the requirements of section 175A of 
the CAA, as described more fully above. Additionally, EPA is finding 
adequate and approving the 2015 MVEBs submitted by Indiana in 
conjunction with the redesignation request.
    We are publishing these actions without prior proposal because we 
view these actions as non-controversial and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the State plan if relevant adverse 
written comments are filed. This rule will be effective January 3, 2006 
without further notice unless we receive relevant adverse written 
comments by December 16, 2005. If we receive such comments, we will 
publish a timely withdrawal of the action, informing the public that 
the rule will not take effect. EPA will respond to the public comments 
in a subsequent final rule based on the proposed action. The EPA will 
not institute a second comment period.
    Any parties interested in commenting on this action should do so at 
this time. If we do not receive any comments, this action will be 
effective January 3, 2006.

VII. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

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

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

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

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).

[[Page 69454]]

Executive Order 13175 Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (59 
FR 22951, November 9, 2000).

Executive Order 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, does not impose any new requirements on sources, 
or allows a state to avoid adopting or implementing other requirements, 
and does not alter the relationship or the 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 is not economically significant.

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 and 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. 
section 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 January 17, 2006. 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 enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

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

    Dated: November 9, 2005.
Margaret Guerriero,
Acting Regional Administrator, Region 5.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart P--Indiana

0
2. Section 52.777 is amended by adding paragraph (cc) to read as 
follows:


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

* * * * *
    (cc) Approval--On August 25, 2005, Indiana submitted a request to 
redesignate Delaware County to attainment of the 8-hour ozone National 
Ambient Air Quality Standard. This request was supplemented with a 
submittal dated October 20, 2005. As part of the redesignation request, 
the State submitted a maintenance plan as required by section 175A of 
the Clean Air Act. Elements of the section 175 maintenance plan include 
a contingency plan and an obligation to submit a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. Also 
included were motor vehicle emission budgets for use to determine 
transportation conformity in Delaware County. The 2015 motor vehicle 
emission budgets for Delaware County are 3.50 tons per day for VOC and 
4.82 tons per day for NOX.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. Section 81.315 is amended by revising the entry for Muncie, IN: 
Delaware County in the table entitled ``Indiana Ozone (8-Hour 
Standard)'' to read as follows:


Sec.  81.315  Indiana.

* * * * *

[[Page 69455]]



                                                  Indiana Ozone
                                                [8-Hour standard]
----------------------------------------------------------------------------------------------------------------
                                                     Designation\a\                       Classification
            Designated area            -------------------------------------------------------------------------
                                            Date\1\               Type                Date\1\          Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Muncie, IN:...........................          1/3/06  Attainment..............  ..............  ..............
Delaware County.......................
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

[FR Doc. 05-22696 Filed 11-15-05; 8:45 am]
BILLING CODE 6560-50-P