[Federal Register Volume 71, Number 3 (Thursday, January 5, 2006)]
[Rules and Regulations]
[Pages 541-544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-72]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2005-IN-0010; FRL- 8019-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is determining that the Vigo County 8-hour ozone 
nonattainment area has attained the 8-hour ozone National Ambient Air 
Quality Standard (NAAQS). EPA is approving a request from the State of 
Indiana, submitted on July 5, 2005 and supplemented on October 20, 2005 
and November 4, 2005, to redesignate Vigo County from nonattainment to 
attainment for the 8-hour ozone NAAQS. EPA's approval of the 
redesignation request is based on the determination that Vigo County 
and the State of Indiana have met the criteria for redesignation to 
attainment set forth in the Clean Air Act (CAA), including the 
determination that Vigo County has attained the 8-hour ozone standard. 
In conjunction with this approval, EPA is approving the State's plan 
for maintaining the 8-hour ozone NAAQS in Vigo County through 2015 as a 
revision to the Indiana State Implementation Plan (SIP). EPA also finds 
as adequate and approves the 2015 Volatile Organic Compounds (VOC) and 
Nitrogen Oxides (NOX) Motor Vehicle Emission Budgets (MVEBs) 
for this area.

DATES: This rule is effective on February 6, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2005-IN-0010. 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

[[Page 542]]

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 Steven 
Rosenthal, Environmental Engineer, at (312) 886-6052 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6052, 
[email protected].

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

I. What Is the Background for This Rule?

    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). This 
standard is violated in an area when any ozone monitor in the area 
records an average of the annual fourth-highest daily maximum 8-hour 
ozone concentrations equaling or exceeding 0.085 ppm over a three-year 
period. Ground-level ozone is not emitted directly by sources. Rather, 
emitted VOC and NOX react in the presence of sunlight to 
form ground-level ozone along with other secondary compounds. VOC and 
NOX are referred to as ``ozone precursors.''
    In accordance with section 107(d) of the CAA as amended in 1977, 
EPA designated Vigo County as an ozone nonattainment area for the 8-
hour ozone NAAQS based on ozone data collected in this area during the 
2001-2003 period. The Federal Register notice making this designation 
was signed on April 15, 2004, and was published on April 30, 2004 (69 
FR 23857).
    The Clean Air Act contains two sets of provisions--subpart 1 and 
subpart 2--that address planning and emission control requirements for 
nonattainment areas (both subparts are found in title I, part D of the 
CAA). Subpart 1 contains general, less prescriptive requirements for 
nonattainment areas governed by any 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.
    In the April 30, 2004 ozone designation rulemaking, EPA divided 8-
hour ozone nonattainment areas into the categories of subpart 1 
nonattainment and subpart 2 nonattainment 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 ozone 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).\1\ 8-hour ozone nonattainment areas with 1-hour 
ozone design values equaling or exceeding 0.121 ppm were designated as 
classified nonattainment areas (as nonattainment areas required to meet 
the requirements of subpart 2 of the CAA). All other 8-hour 
nonattainment areas were designated as ``basic'' nonattainment areas 
subject only to the requirements of subpart 1 of the CAA.
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    \1\ The 1-hour ozone standard, 0.12 ppm, has been replaced by 
the 8-hour ozone standard, with the 1-hour ozone standard being 
revoked on June 15, 2005.
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    In the April 30, 2004 designation rulemaking, Vigo County was 
designated as nonattainment for the 8-hour ozone standard, and was 
identified as a subpart 1 basic nonattainment area. This designation 
was based on ozone data collected in Vigo County from the period of 
2001-2003.
    On July 5, 2005, the State of Indiana requested redesignation of 
Vigo County to attainment of the 8-hour ozone NAAQS based on ozone data 
collected during the period of 2002-2004. This request was supplemented 
with submittals dated October 20, 2005 and November 4, 2005. This 
redesignation request also included a 10-year ozone maintenance plan 
for Vigo County and the VOC and NOX MVEBs for Vigo County 
are based on emission projections in the ozone maintenance plan.
    On November 23, 2005, EPA published a proposed rule (70 FR 70751), 
proposing to: (1) Determine that Vigo County has attained the 8-hour 
ozone NAAQS and to approve Indiana's request to redesignate Vigo County 
to attainment of the 8-hour ozone NAAQS; (2) approve Indiana's ozone 
maintenance plan for Vigo County; and (3) approve the 2015 VOC and 
NOX MVEBs for Vigo County and notify the public that these 
MVEBs are adequate for purposes of transportation conformity. This 
proposed rule established a 30-day public comment period.

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

    EPA provided a 30-day review and comment period on the proposal 
published in the Federal Register on November 23, 2005 (70 FR 70751). 
We received no comments on our proposed rulemaking.

III. What Are Our Final Actions?

    EPA is making a determination that Vigo County has attained the 8-
hour ozone NAAQS, and EPA is approving the redesignation of Vigo 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 changes the 
official designation for Vigo County from nonattainment to attainment 
for the 8-hour ozone standard.
    EPA is also approving the maintenance plan SIP revision for Vigo 
County. Approval of the maintenance plan is based on Indiana's 
demonstration that the plan meets the requirements of section 175A of 
the CAA. Additionally, EPA is finding adequate and approving the 2015 
MVEBs submitted by Indiana in conjunction with the redesignation 
request.
    No comments were received on the proposed rule. Therefore, all 
proposed actions are being finalized here.

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,

[[Page 543]]

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 Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, 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 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 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.

Environmental Justice

    Executive Order 12898 establishes a Federal policy for 
incorporating environmental justice into Federal agency actions by 
directing agencies to identify and address, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority and 
low-income populations. As explained elsewhere in this document (see 
responses to Comments 5 and 9), today's action is designed to prevent 
violations of the health-based national ambient air quality standard. 
It does not result in the relaxation of control measures on existing 
sources and therefore will not cause emissions increases from those 
sources. Overall, as discussed in response to Comments 5 and 9, 
emissions in the area are projected to decline following the 
redesignation. Thus, today's action will not have disproportionately 
high and adverse effects on any communities in the area, including 
minority and low-income communities.

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 March 6, 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 dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

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

    Dated: December 27, 2005.
Bharat Mathur,
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.

[[Page 544]]

Subpart P--Indiana

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


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

* * * * *
    (dd) Approval--On July 5, 2005, Indiana submitted a request to 
redesignate Vigo County to attainment of the 8-hour ozone National 
Ambient Air Quality Standard. This request was supplemented with 
submittals dated October 20, 2005 and November 4, 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 Vigo County. The 2015 
motor vehicle emission budgets are 2.84 tons per day for VOC and 3.67 
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 Terre Haute, IN: 
Vigo County 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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                                                  * * * * * * *
Terre Haute, IN:                         2/06/06  Attainment..........................  ...........  ...........
    Vigo County
 
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\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. 06-72 Filed 1-4-06; 8:45 am]
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