[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Rules and Regulations]
[Pages 51489-51500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7248]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2006-0399; FRL-8214-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On May 30, 2006, the State of Indiana, through the Indiana 
Department of Environmental Management (IDEM), submitted, in final: A 
request to redesignate the 8-hour ozone National Ambient Air Quality 
Standard (NAAQS) nonattainment area of Allen County, Indiana, to 
attainment for the 8-hour ozone NAAQS; and a request for EPA approval 
of an Indiana State Implementation Plan (SIP) revision containing a 14-
year maintenance plan for Allen County. Today, EPA is making a 
determination that the Allen County, Indiana ozone nonattainment area 
has attained the 8-hour ozone NAAQS. This determination is based on 
three years of complete, quality-assured ambient air quality monitoring 
data for the 2003-2005 ozone seasons that demonstrate that the 8-hour 
ozone NAAQS has been attained in the area. EPA is also approving the 
request to redesignate the area to attainment for the 8-hour ozone 
standard and the State's maintenance plan. EPA's approval of the 8-hour 
ozone redesignation request is based on its determination that Allen 
County, Indiana has met the criteria for redesignation to attainment 
specified in the Clean Air Act (CAA). EPA is also approving, for 
purposes of transportation conformity, the motor vehicle emission 
budgets (MVEBs) for the year 2020 that are contained in the 14-year 8-
hour ozone maintenance plan for Allen County.

DATES: This rule is effective on October 30, 2006, unless EPA receives 
adverse written comments by September 29, 2006. 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 your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0399, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: (312) 886-5824.
     Mail: John M. Mooney, Chief, Criteria Pollutant Section, 
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only 
accepted during the Regional Office normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information. The Regional Office official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0399. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, 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 www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
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 www.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. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal 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), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6052, [email protected].

[[Page 51490]]


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

I. What Should I Consider as I Prepare My Comments for EPA?
II. What Actions Are EPA Taking?
III. What Is the Background for These Actions?
IV. What Are the Criteria for Redesignation?
V. Why Is EPA Taking These Actions?
VI. What Is EPA's Analysis of the Request?
VII. Has Indiana Adopted Acceptable Motor Vehicle Emissions Budgets 
for the End of the 14-Year Maintenance Plan Which Can Be Used To 
Support Conformity Determinations?
VIII. What Is the Effect of EPA's Actions?
IX. Statutory and Executive Order Reviews.

I. What Should I Consider as I Prepare My Comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What Actions Are EPA Taking?

    EPA is taking several related actions. EPA is making a 
determination that the Allen County nonattainment area has attained the 
8-hour ozone standard. EPA is also approving the State's request to 
change the legal designation of the Allen County area from 
nonattainment to attainment for the 8-hour ozone NAAQS. EPA is also 
approving Indiana's maintenance plan SIP revision for Allen County 
(such approval being one of the CAA criteria for redesignation to 
attainment status). The maintenance plan is designed to keep Allen 
County in attainment for ozone for the next 14 years, through 2020. In 
addition, and supported by and consistent with the ozone maintenance 
plan, EPA is approving the 2020 VOC and NOX MVEBs for Allen 
County for transportation conformity purposes.
    These actions pertain to the designation of Allen County for the 8-
hour ozone standard and to the emission controls in this area related 
to attainment and maintenance of the 8-hour ozone NAAQS. The emissions 
of concern are VOC and NOX. If you own or operate a VOC or 
NOX emission source in Allen County or live in this area, 
this rule may apply to you. It may also apply to you if you are 
involved in transportation planning or implementation of emission 
controls in this area.

III. What Is the Background for These Actions?

    Ground-level ozone is not emitted directly by sources. Rather, 
emissions of nitrogen oxides (NOX) and volatile organic 
compounds (VOC) react in the presence of sunlight to form ground-level 
ozone. NOX and VOC are referred to as precursors of ozone.
    The CAA required EPA to designate as nonattainment any area that 
was violating the 8-hour ozone NAAQS based on the three most recent 
years (2001-2003) of air quality data. The Federal Register notice 
making these designations was signed on April 15, 2004, and published 
on April 30, 2004, (69 FR 23857). The CAA contains two sets of 
provisions--subpart 1 and subpart 2-- that address planning and control 
requirements for nonattainment areas. (Both are found in title I, part 
D.) Subpart 1 (which EPA refers to as ``basic'' nonattainment) contains 
general, less prescriptive, requirements for nonattainment areas for 
any pollutant--including ozone--governed by a NAAQS. Subpart 2 (which 
EPA refers to as ``classified'' nonattainment) provides more specific 
requirements for ozone nonattainment areas. Some areas are subject only 
to the provisions of subpart 1. Other areas are also subject to the 
provisions of subpart 2. Under EPA's 8-hour ozone implementation rule, 
signed on April 15, 2004, an area was classified under subpart 2 based 
on its 8-hour ozone design value (i.e., the 3-year average annual 
fourth-highest daily maximum 8-hour average ozone concentration), if it 
had a 1-hour design value at or above 0.121 ppm (the lowest 1-hour 
design value in Table 1 of subpart 2). All other areas are covered 
under subpart 1, based upon their 8-hour design values. Allen County 
was originally designated as an 8-hour ozone nonattainment area by EPA 
on April 30, 2004, (69 FR 23857). The 2004 classification for Allen 
County as a subpart 1 8-hour ozone nonattainment area was based on air 
quality monitoring data from 2001-2003.
    Control requirements are linked to each classification. Areas with 
more serious ozone pollution are subject to more prescribed 
requirements. The requirements are designed to bring areas into 
attainment by their specified attainment dates. The control 
requirements and dates by which attainment needs to be achieved vary 
with the area's classification. For example, marginal areas are subject 
to the fewest mandated control requirements and have the earliest 
attainment date. Under EPA regulations at 40 CFR part 50, the 8-hour 
ozone standard is attained when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentrations (i.e., 
0.084 ppm) is less than or equal to 0.08 ppm. (See 69 FR 23857 (April 
30, 2004) for further information). The data completeness requirement 
is met when the average percent of days with valid ambient monitoring 
data is greater than 90 percent, and no single year has less than 75 
percent data completeness as determined in Appendix I of part 50.
    On May 30, 2006, Indiana submitted a request for redesignation to 
attainment for the 8-hour ozone standard for Allen County. The 
redesignation request included three years of complete, quality-assured 
data for the period of 2003 through 2005, indicating the 8-hour NAAQS 
for ozone had been achieved for the Allen County. The data satisfy the 
CAA requirements when the 3-year average of the annual fourth-highest 
daily maximum 8-hour average ozone concentration is less than or

[[Page 51491]]

equal to 0.08 ppm. Under the CAA, nonattainment areas may be 
redesignated to attainment if sufficient complete, quality-assured data 
are available for the Administrator to determine that the area has 
attained the standard and the area meets the other CAA redesignation 
requirements in section 107(d)(3)(E).

IV. What Are the Criteria for Redesignation?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) allows for 
redesignation providing that: (1) The Administrator determines that the 
area has attained the applicable NAAQS; (2) the Administrator has fully 
approved the applicable implementation plan for the area under section 
110(k); (3) the Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable SIP and applicable 
Federal air pollutant control regulations and other permanent and 
enforceable reductions; (4) the Administrator has fully approved a 
maintenance plan for the area as meeting the requirements of section 
175A; and, (5) the state containing such area has met all requirements 
applicable to the area under section 110 and part D.
    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 28, 
1992 (57 FR 18070). EPA has provided further guidance on processing 
redesignation requests in the following documents:

State Implementation Plans; ``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 Ozone and 
Carbon Monoxide (CO) 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;
Memorandum from D. Kent Berry, Acting Director, Air Quality Management 
Division, to Air Division Directors, Regions 1-10, ``Use of Actual 
Emissions in Maintenance Demonstrations for Ozone and CO Nonattainment 
Areas,'' dated 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.

V. Why Is EPA Taking These Actions?

    On May 30, 2006, the State submitted in final, after an April 18, 
2006, public hearing, a request to redesignate the area to attainment 
for the 8-hour ozone standard. EPA believes that Allen County has 
attained the standard and has met the requirements for redesignation 
set forth in section 107(d)(3)(E).

VI. WhatI Is EPA's Analysis of the Request?

    EPA is making a determination that the Allen County nonattainment 
area has attained the 8-hour ozone standard and that all other 
redesignation criteria have been met. The basis for EPA's determination 
is as follows:
    1. Allen County has attained the 8-hour ozone NAAQS: EPA is making 
a determination that Allen 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, as determined in accordance with 40 
CFR 50.10 and Appendix I, based on three complete, consecutive calendar 
years of quality-assured air quality monitoring data. To attain this 
standard, the 3-year average of the fourth-highest daily maximum 8-hour 
average ozone concentrations measured at each monitor within an area 
over each year must not exceed 0.08 ppm. Based on the rounding 
convention described in 40 CFR part 50, Appendix I, the standard is 
attained if the design value is 0.084 ppm or below. The data must be 
collected and quality-assured in accordance with 40 CFR part 58, and 
recorded in Aerometric Information Retrieval System (AIRS). The 
monitors generally should have remained at the same location for the 
duration of the monitoring period required for demonstrating 
attainment.
    Indiana submitted ozone monitoring data for the April through 
September ozone seasons from 2003 to 2005. This data has been quality 
assured and is recorded in AIRS. In its May 30, 2006, redesignation 
request, Indiana certified that the Allen County 2003-2005 data is 
accurate. The 4th high averages are summarized in Table 1, in which the 
values are in ppm ozone.

                                     Table 1.--4th High Values in PPM Ozone
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                Monitor                        County          2003-2005       2003         2004         2005
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Leo...................................  Allen...............        0.083        0.090        0.073        0.086
Ft. Wayne.............................  Allen...............        0.076        0.084        0.069        0.076
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[[Page 51492]]

    In addition, as discussed below with respect to the maintenance 
plan, Indiana has committed to continue monitoring in these areas in 
accordance with 40 CFR part 58. In summary, EPA believes that the data 
submitted by Indiana provide an adequate demonstration that Allen 
County has attained the 8-hour ozone NAAQS.
    2. Allen 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) for Purposes of Redesignation.
    EPA has determined that Indiana has met all applicable SIP 
requirements for Allen County for purposes of redesignation under 
section 110 of the CAA (general SIP requirements). EPA has also 
determined that the Indiana SIP meets applicable SIP requirements under 
Part D of Title I of the Clean Air Act (requirements specific to 
Subpart 1 nonattainment areas). Section 107(d)(3)(E)(v). In addition, 
EPA has determined that the SIP is fully approved with respect to all 
applicable requirements for purposes of redesignation. Section 
107(d)(3)(E)(ii). In making these determinations, EPA ascertained what 
requirements are applicable to the area and that they are fully 
approved under section 110(k). SIPs must be fully approved only with 
respect to applicable requirements.
    a. Allen County has met all applicable requirements for purposes of 
redesignation 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). Under this interpretation, to qualify for redesignation 
states requesting redesignation to attainment must meet the relevant 
CAA requirements that come due prior to the submittal of a complete 
redesignation request. See also Michael Shapiro memorandum, September 
17, 1993 and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of 
Detroit-Ann Arbor, MI). Applicable requirements of the CAA that come 
due subsequent to the area's submittal of a complete redesignation 
request remain applicable until a redesignation is approved, but are 
not required as a prerequisite to redesignation. 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 (St. Louis NFR)
    General SIP requirements: Section 110(a)(2) of Title I of the CAA 
delineates the general requirements for a SIP, which include 
enforceable emission limitations and other 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 limitations. General SIP elements and 
requirements are delineated in section 110(a)(2) of Title I, part A of 
the CAA. These requirements include, but are not limited to, the 
following: Submittal of a SIP that has been adopted by the state after 
reasonable public notice and hearing; provisions for establishment and 
operation of appropriate procedures needed to monitor ambient air 
quality; implementation of a source permit program; provisions for the 
implementation of part C requirements (Prevention of Significant 
Deterioration (PSD) and part D requirements (New Source Review (NSR) 
for major new sources or major source modifications; provisions for air 
pollution modeling; and provisions for public and local agency 
participation in planning and emission control rule development.
    Section 110(a)(2)(D) 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). 
EPA has also found, generally, that states have not submitted SIPs 
under section 110(a)(1) to meet the interstate transport requirements 
of section 110(a)(2)(D)(i). However, the section 110(a)(2)(D) 
requirements for a state are not linked with a particular nonattainment 
area's designation and classification in that state. 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 designation of any one particular area in the state.
    Thus, we do not believe that these requirements should be construed 
to be applicable requirements for purposes of redesignation. In 
addition, EPA believes that the other section 110 elements not 
connected with nonattainment plan submissions and not linked with an 
area's attainment status are not applicable requirements for purposes 
of redesignation. The State will still be subject to these requirements 
after the area is redesignated. The section 110 and part D 
requirements, which are linked with a particular area's designation and 
classification, are the relevant measures to evaluate in reviewing a 
redesignation request. This policy is consistent with EPA's existing 
conformity and oxygenated fuels requirements, 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-Lorain, Ohio, final rulemaking (61 
FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 
62748, December 7, 1995). See also the discussion on this issue in the 
Cincinnati redesignation (65 FR 37890, June 19, 2000), and in the 
Pittsburgh redesignation (66 FR 50399, October 19, 2001)
    EPA believes 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 are expected to be due prior to 
submission of the redesignation request. Therefore EPA believes that 
the State has satisfied the criterion of section 107(d)(3)(E) regarding 
section 110 of the Act.
    Part D requirements: EPA has also determined that the Indiana SIP 
meets applicable SIP requirements under part D of the CAA since no such 
requirements are expected to become due for the 8-hour ozone standard 
prior to submission of the area's redesignation request. Under part D, 
an area's classification (marginal, moderate, serious, severe, and 
extreme) indicates the requirements to which it will be subject. 
Subpart 1 of part D, found in sections 172-176 of the CAA, sets forth 
the basic nonattainment requirements applicable to all nonattainment 
areas. Because Allen 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 redesignation request, the applicable part D, subpart 1 
requirements for all nonattainment areas are contained in section 
172(c)(1)-(9). A thorough discussion of the requirements contained in 
section 172 can be found in the General Preamble for Implementation of 
Title I (57 FR 13498). [See also 68 FR 4852-3 in St. Louis NPR

[[Page 51493]]

for discussion of section 172 requirements.]
    It is not anticipated that any requirements under part D will 
become due prior to submission of the complete redesignation request, 
and, therefore, none is expected to be 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 it is expected that Indiana will submit a complete ozone 
redesignation request for Allen County prior to the deadline for any 
submissions, we are determining that the part D requirements do not 
apply to Allen County for purposes of redesignation. In addition to the 
fact that certain Part D requirements applicable for purposes of 
redesignation are not expected to be due prior to submission of the 
redesignation request, EPA believes it is reasonable to interpret the 
conformity and New Source Review requirements as not requiring approval 
prior to redesignation.

Section 176 Conformity Requirements

    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure the Federally supported or funded projects conform 
to the air quality planning goals in the applicable SIP. 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 it is reasonable to interpret the conformity 
requirements as not applying for purposes of evaluating the 
redesignation request under section 107(d) because state conformity 
rules are still required after redesignation and federal confomity 
rules apply where state rules have not been approved. See Wall v. EPA, 
265 F.3d 426 (6th Cir. 2001), upholding this interpretation. See also 
60 FR 62748 (December 7, 1995) (Tampa, FL)
    EPA has determined that areas being redesignated need not comply 
with the requirement that a New Source Review program be approved prior 
to redesignation, provided that the area demonstrates maintenance of 
the standard without part D NSR in effect. The 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.'' The State has demonstrated that the area will be able to 
maintain the standard without Part D NSR in effect, and therefore, the 
State need not have a fully approved Part D NSR program prior to 
approval of the redesignation request. The State's Prevention of 
Significant Deterioration (PSD) program will become effective in the 
area upon redesignation to attainment. Detroit, MI (60 FR 12467-12468, 
March 7, 1995); Cleveland-Akron-Lorain, OH (61 FR 20458-20469-70, May 
7, 1996); Louisville, KY (66 FR 53665, 53669, October 23, 2001); Grand 
Rapids, MI (61 FR 31831, 31836-31827, June 21, 1996).
    Thus, EPA finds that the area has satisfied all 8-hour ozone 
standard requirements applicable for purposes of section 107(d)(3)(E) 
under Part D of the CAA.
    b. The area has a fully approved applicable SIP for purposes of 
redesignation under section 110(k) of the CAA.
    EPA has fully approved the applicable Indiana SIP for purposes of 
redesignation for Allen County under section 110(k) of the Clean Air 
Act. EPA may rely on prior SIP approvals in approving a redesignation 
request. Calcagni Memo, p. 3 Southwestern Pennsylvania Growth Alliance 
v. Browner, 144 F.3d 984, 989-90 (6th Cir. 1998), Wall v. EPA, 265 F.3d 
426 (6th Cir. 2001), plus any additional measures it may approve in 
conjunction with a redesignation action. See 68 FR 25426 (May 12, 2003) 
and citations therein. Following passage of the CAA of 1970, Indiana 
has adopted and submitted and EPA has fully approved at various times 
provisions addressing the various SIP elements applicable in the Allen 
County area under the one-hour ozone standard. 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 no 8-hour Part D requirements applicable for purposes of 
redesignation have yet come due, and therefore they need not be 
approved into the SIP prior to redesignation.
    3. The air quality improvement in Allen County is due to permanent 
and enforceable reductions in emissions resulting from implementation 
of the SIP and applicable Federal air pollution control regulations and 
other permanent and enforceable reductions. EPA believes that the State 
of Indiana has demonstrated that the observed air quality improvement 
in Allen County is due to permanent and enforceable emission reductions 
resulting from 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 from all anthropogenic (man-made or 
man-based) sources in Allen County between 1999 and 2004 and the 
changes in NOX emissions from Electric Generating Units 
(EGUs) in Indiana between 1999 and 2005. Allen County was monitored in 
violation of the 8-hour ozone NAAQS in 1999 and in attainment with the 
NAAQS during the period of 2003 through 2005. The VOC and 
NOX emissions for Allen County are given in Table 2.

  Table 2.--VOC and NOX Emission Trends in Allen County for Anthropogenic Sources--Emissions in Tons/Summer Day
----------------------------------------------------------------------------------------------------------------
                                                                                                       Percent
                                                                                                      reduction
                          Pollutant                               1999         2002         2004       2002 to
                                                                                                         2004
----------------------------------------------------------------------------------------------------------------
VOC.........................................................        68.65        57.16        52.28          8.5
NOX.........................................................        48.87        48.75        44.94          7.8
----------------------------------------------------------------------------------------------------------------


[[Page 51494]]

    The NOX emissions trends for EGUs for the 1999-2005 
period in Indiana statewide are given in Table 3. The NOX 
emissions for Allen County and the statewide EGU NOX 
emissions have shown significant downward trends from 1999, an 8-hour 
standard violation year, to 2004 and 2005, attainment years. IDEM notes 
that the NOX emissions statewide have declined significantly 
as a result of the implementation of the Indiana NOX SIP and 
acid rain control regulations, both of which lead to permanent, 
enforceable emission reductions.

    Table 3.--NOX Emission Trends for Electric Generating Units in Indiana Statewide--Emissions in Thousands of Tons Per Ozone Season (April-October)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             Year                                  1999         2000         2001         2002         2003         2004         2005
--------------------------------------------------------------------------------------------------------------------------------------------------------
Statewide....................................................        149.8        133.9        136.1        114.0         99.3         66.6         55.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As noted in Table 2, the VOC emissions in Allen County have also 
declined between 1999 and 2004. VOC emission control measures have been 
implemented in Allen County. State-wide RACT rules have applied to all 
new sources locating in Indiana since the mid-1990s and include the 
following VOC control rules: 326 Indiana Administrative Code (IAC) 8-1-
6 (Best Available Control Technology (BACT) for non-specific sources); 
326 IAC 8-2 (surface coating emission limitations); 326 IAC 8-3 
(organic solvent degreasing operations); 326 IAC 8-4 (petroleum 
sources, including storage, transport, and marketing sources and 
petroleum refining); 326 IAC 8-5 (miscellaneous sources); and 326 IAC 
8-6 (organic solvent emission limitations). Compliance with these rules 
has controlled point source VOC emissions in Allen County, offsetting 
some source growth, as well as controlling VOC emissions in the 
remainder of Indiana. The VOC emission reductions resulting from the 
implementation of the VOC emission control rules are permanent and 
enforceable.
    Since Allen County was not previously designated as a 1-hour ozone 
nonattainment area, no ozone precursor emission controls were 
specifically targeted at this County. Therefore, statewide and Federal 
emission control requirements have provided the majority of the VOC and 
NOX emission reductions in Allen County.
    Besides the statewide VOC RACT rules and NOX emission 
control requirements, other Federal emission reduction requirements 
have resulted in decreased ozone precursor emissions in Allen County 
and will produce future emission reductions that will lead to 
maintenance of the ozone standard in Allen County (see a more detailed 
discussion on maintenance of the 8-hour ozone standard in Allen County 
below). These emission reduction requirements include the following:
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. These emission control requirements result in lower 
emissions from new cars and light duty trucks, including sport utility 
vehicles. The Federal rules are being phased in between 2004 and 2009. 
The EPA has estimated that, by the end of the phase-in period, the 
following vehicle NOX emission reductions will occur: 
Passenger cars (light duty vehicles) (77 percent); light duty trucks, 
minivans, and sports utility vehicles (86 percent; and larger sports 
utility vehicles, vans, and heavier trucks (69 to 95 percent). VOC 
emission reductions are also expected to range from 12 to 18 percent, 
depending on vehicle class, over the same period. Although some of 
these emission reductions have already occurred by the 2004 attainment 
year, most of these emission reductions will occur during the 
maintenance period for Allen County.
    Heavy-Duty Diesel Engines. In July 2000, EPA issued a final rule to 
control the emissions from highway heavy duty diesel engines, including 
low-sulfur diesel fuel standards. These emission reductions are being 
phased in between 2004 and 2007. This rule is expected to result in a 
40 percent decrease in NOX emissions from heavy duty diesel 
vehicles.
    Non-Road Diesel Rule. This rule generally applies to new stationary 
diesel engines used in certain industries, including construction, 
agriculture, and mining. In addition to affecting engine design, this 
rule includes requirements for cleaner fuels. This rule is expected to 
reduce NOX emissions from these engines by up to 90 percent, 
and to significantly reduce particulate matter and sulfur emissions 
from these engines in addition to the NOX emission 
reduction. This rule did not affect 2004 emissions from these sources, 
but will limit emissions from new engines beginning in 2008.
    Indiana commits to maintain all existing emission control measures 
that affect Allen County after this area is designated to attainment. 
All changes in existing rules affecting Allen County and new rules 
subsequently needed for continued maintenance of the 8-hour ozone NAAQS 
in Allen County will be submitted to the EPA for approval as SIP 
revisions. Based on the information summarized above, Indiana has 
adequately demonstrated that the improvement in air quality is due to 
permanent and enforceable emission reductions.
    4. The area has a fully approved maintenance plan pursuant to 
section 175A of the CAA. In conjunction with its request to redesignate 
Allen County to attainment status, Indiana submitted a SIP revision to 
provide for the maintenance of the 8-hour ozone NAAQS in Allen County 
for 14 years after redesignation.

a. What Is Required in a Maintenance Plan?

    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least ten years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the State must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for the ten 
years following the initial ten-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such 
contingency measures, with a schedule for implementation as EPA deems 
necessary to assure prompt correction of any future 8-hour ozone 
violations. Section 175A of the CAA sets forth the elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. The Calcagni memorandum dated September 4, 1992, provides 
additional guidance on the content of a maintenance plan. An ozone 
maintenance plan should address the following provisions: The 
attainment emissions inventory, maintenance demonstration, monitoring 
network, verification of continued attainment, and a contingency plan.

[[Page 51495]]

b. Attainment Emissions Inventory

    IDEM prepared comprehensive VOC and NOX emission 
inventories for Allen County, including point (significant stationary 
sources), area (smaller and widely-distributed stationary sources), 
mobile on-road, and mobile non-road sources for 2004 (the base year/
attainment year). To develop the attainment year emission inventories, 
IDEM used the following approaches and sources of data:
    Area Sources--Area source VOC and NOX emissions were 
grown from Indiana's 2002 periodic emissions inventory, which was 
previously submitted to the EPA.
    Mobile On-Road Sources--Mobile source emissions were calculated 
using the MOBILE6 emission factor model and traffic data (vehicle miles 
traveled, vehicle speeds, and vehicle type and age distributions) 
extracted from the region's travel-demand model.
    Point Source Emissions--2004 point source emissions were compiled 
using IDEM's 2004 annual emissions statement database and the 2005 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). IDEM used these emissions estimates along with growth 
factors to grow the non-road mobile source emissions to 2004. To 
address concerns about the accuracy of some of the emissions for 
various source categories in EPA's non-road emissions model, the Lake 
Michigan Air Directors Consortium (LADCO) contracted with several 
companies to review the base data used by the EPA and to make 
recommendations for corrections to the model. Emissions were estimated 
for commercial marine vessels and railroads. Recreational motorboat 
population and spatial surrogates (used to assign emissions to each 
county) were updated. The populations for the construction equipment 
category were reviewed and updated based on surveys completed in the 
Midwest, and the temporal allocation for agricultural sources was also 
updated. The EPA provided a revised non-road estimation model for the 
2002 analysis.
    The 2004 attainment year VOC and NOX emissions for Allen 
County are summarized along with the 2010 and 2020 projected emissions 
for this County in Tables 4 and 5 below, which provide a demonstration 
of maintanance of this area. It is our conclusion that the State has 
acceptably derived and documented the attainment year VOC and 
NOX emissions for Allen County.

c. Demonstration of Maintenance

    As part of its May 30, 2006 redesignation request, IDEM included a 
requested revision to the SIP to incorporate a 14-year ozone 
maintenance plan, as required under section 175A of the CAA. Included 
in the maintenance plan is a maintenance demonstration. This 
demonstration shows maintenance of the 8-hour ozone NAAQS by 
documenting current and projected VOC and NOX and showing 
that future emissions of VOC and NOX remain at or below the 
attainment year emission levels.\1\ Note that a maintenance 
demonstration need not be based on 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).
---------------------------------------------------------------------------

    \1\ The attainment year can be any of the three consecutive 
years in which the area has clean (below violation level) air 
quality data (2003, 2004, or 2005 for Allen County).
---------------------------------------------------------------------------

    Table 4 specifies the VOC emissions in Allen County for 2004, 2010, 
and 2020. IDEM chose 2020 as a projection year to meet the 10-year 
maintenance projection requirement, allowing additional time for the 
State to complete its adoption of the ozone redesignation request and 
ozone maintenance plan and for the EPA to approve the redesignation 
request and maintenance plan. IDEM also chose 2010 as an interim year 
to demonstrate that VOC and NOX emissions will remain below 
the attainment levels throughout the 14-year maintenance period.
    Table 5, similar to Table 4, specifies the NOX emissions 
in Allen County for 2004, 2010, and 2020. Together, Tables 4 and 5, in 
terms of projected emissions, demonstrate that Allen County should 
remain in attainment of the 8-hour ozone NAAQS between 2004 and 2020, 
for more than 10 years after EPA is expected to approve the 
redesignation of Allen County to attainment of the 8-hour ozone NAAQS.

  Table 4.--Attainment Year (2004) and Projected VOC Emissions in Allen
                      County (Tons per Summer Day)
------------------------------------------------------------------------
                                                    Year
          Source sector           --------------------------------------
                                       2004         2010         2020
------------------------------------------------------------------------
Point............................         9.33         7.91         9.74
Area.............................        18.99        20.00        22.17
On-Road Mobile...................        13.86         9.14         5.57
Off-Road Mobile..................        10.10         7.02         6.57
                                  --------------------------------------
    Total........................        52.28        44.07        44.05
------------------------------------------------------------------------


  Table 5.--Attainment Year and Projected NOX Emissions in Allen County
                          (Tons per Summer Day)
------------------------------------------------------------------------
                                                    Year
          Source sector           --------------------------------------
                                       2004         2010         2020
------------------------------------------------------------------------
Point............................         4.88         4.69         4.78
Area.............................         3.89         4.09         4.33
On-Road Mobile...................        23.17        14.57         6.19
Off-Road Mobile..................        13.01         9.84         6.98
                                  --------------------------------------
    Total........................        44.95        33.19        22.28
------------------------------------------------------------------------


[[Page 51496]]

    IDEM also notes that Indiana's and 21 other states' EGU 
NOX emission control rules stemming from EPA's 
NOX SIP call and CAIR, to be implemented beginning in 2006, 
will further lower NOX emissions in upwind areas, resulting 
in decreased ozone and ozone precursor transport into Allen County (the 
State did not project emission decreases resulting from CAIR and did 
not document future NOX emissions in upwind counties). This 
will also support maintenance of the ozone standard in Allen County.
    The emission projections for Allen County coupled with the expected 
impacts of the State's EGU NOX rules and CAIR lead to the 
conclusion that Allen County should maintain the 8-hour ozone standard 
throughout the 14-year maintenance period. The decrease in local VOC 
and local and regional NOX emissions indicate that peak 
ozone levels in Allen County may actually further decline during the 
14-year ozone maintenance period.
    IDEM has documented some of the procedures used to project 
emissions. On-road mobile sources were projected using the MOBILE6 
emission factor model and projected traffic data obtained from the 
Northwest Indiana Regional Planning Commission (NIRPC), who maintains a 
travel demand forecast model that is capable of projecting changes in 
total daily Vehicle Miles Traveled (VMT). Emissions for the other major 
source sectors were determined using source activity/growth data 
provided by the Lake Michigan Air Director's Consortium, as well as 
major source emissions data obtained periodically for all major sources 
statewide. Emissions projections for Allen County are consistent with 
the planning analyses being conducted to attain the 8-hour ozone and 
fine particle (PM2.5) standards throughout Indiana and 
throughout the Lake Michigan area.
    Based on the comparison of the projected emissions and the 
attainment year emissions, we conclude that IDEM has successfully 
demonstrated that the 8-hour ozone standard should be maintained in 
Allen County. We believe that this is especially likely given the 
expected impacts of the NOX SIP call and CAIR. As noted by 
IDEM, this conclusion is further supported by the fact that other 
states in the eastern portion of the United States are expected to 
further reduce regional NOX emissions through implementation 
of their own NOX emission control rules for EGUs and other 
NOX sources and through implementation of CAIR.

d. Monitoring Network

    IDEM commits to continue operating and maintaining an approved 
ozone monitoring network in Allen County, in accordance with 40 CFR 
part 58, throughout the 14-year maintenance period. This will allow the 
confirmation of the maintenance of the 8-hour ozone standard in this 
area.

e. Verification of Continued Attainment

    Continued attainment of the 8-hour ozone NAAQS in Allen County 
depends, in part, on the State's efforts toward tracking applicable 
indicators during the maintenance period. The State's plan for 
verifying continued attainment of the 8-hour ozone standard in Allen 
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 Allen County to assure that emissions growth 
is not threatening the continued attainment of the 8-hour ozone 
standard in this area. Revised emission inventories for this area will 
be prepared for 2005, 2008, and 2011 as necessary to comply with the 
emission inventory reporting requirements established in the CAA. The 
revised emissions will be compared with the 2004 attainment emissions 
and the 2020 projected maintenance year emissions to assure continued 
maintenance of the ozone standard.

f. Contingency Plan

    The contingency plan provisions of the CAA are designed to result 
in prompt correction or prevention of violations of the NAAQS that 
might occur after redesignation of an area to attainment of the NAAQS. 
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 must identify the contingency 
measures to be considered for possible adoption, a schedule and 
procedure for adoption and implementation of the selected 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 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 
controlled in the SIP before the 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 to address a possible future ozone air quality 
problem. The contingency plan that Indiana has adopted has two levels 
of actions/responses depending on whether a violation of the 8-hour 
ozone standard is only threatened (Warning Level Response) or has 
actually occurred (Action Level Response).
    A Warning Level Response will be prompted whenever an annual (1-
year) fourth-high monitored daily peak 8-hour ozone concentration of 89 
ppb (or greater) occurs at any monitor in Allen County, or a 2-year 
averaged annual fourth-high daily peak 8-hour ozone concentration of 85 
ppb or greater occurs at any monitor in Allen County. A Warning Level 
Response will consist of a study to determine whether the monitored 
ozone level indicates a trend toward higher ozone levels or whether 
emissions are increasing, threatening a future violation of the ozone 
NAAQS. The study will evaluate whether the trend, if any, is likely to 
continue, and, if so, the emission control measures necessary to 
reverse the trend, taking into consideration the ease and timing of 
implementation, as well as economic and social considerations, will be 
selected, adopted, and implemented. Implementation of necessary 
controls will take place as expeditiously as possible, but in no event 
later than 12 months from the conclusion of the most recent ozone 
season. If new 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 (be triggered) when a violation 
of the 8-hour ozone standard is monitored at any of the monitors in 
Allen County (when a 3-year average annual fourth-high monitored daily 
peak 8-hour ozone concentration of 85 ppb is recorded at any monitor in 
Allen County). 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 within 18 months from the close of the ozone season in 
which the ozone standard violation is monitored.
    Adoption of any additional emission control measures prompted by 
either of the two response levels will be subject to the necessary 
administrative and legal process dictated by State law. This process 
will include publication of public notices, providing the

[[Page 51497]]

opportunity for a public hearing, and other measures required by 
Indiana law for rulemaking by State environmental boards. If a new 
State emission control measure is already promulgated and scheduled for 
implementation at the Federal or State level, and that emission control 
is determined to be sufficient to address the air quality problem or 
adverse trend, additional local emission control measures may be 
determined to be unnecessary. IDEM will submit to the EPA an analysis 
to demonstrate that the proposed emission control measures are adequate 
to provide for future attainment of the 8-hour ozone NAAQS in Allen 
County.
    Contingency measures contained in the maintenance plan are those 
emission controls or other measures that the State may choose to adopt 
and implement to correct existing or possible air quality problems in 
Allen County. 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 1999 CAA 
amendments;
    iv. Application of RACT to smaller existing sources;
    v. Vehicle Inspection and Maintenance (I/M);
    vi. One or more Transportation Control Measure (TCM) 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 programs, and telecommuting;
    B. Transit improvement;
    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 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 a Future Update of the Ozone Maintenance Plan

    As required by section 175A(b) of the CAA, the State commits to 
submit to the EPA an update of the ozone maintenance plan eight years 
after redesignation of Allen County to attainment of the 8-hour ozone 
NAAQS. The updated maintenance plan would provide for maintenance of 
the 8-hour ozone standard in Allen County for an additional 10 years 
beyond the period covered by the initial ozone maintenance plan.
    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 
submitted by Indiana meets the requirements of section 175A of the CAA.

VII. Has Indiana Adopted Acceptable Motor Vehicle Emissions Budgets for 
the End of the 14-Year Maintenance Plan Which Can Be Used To Support 
Conformity Determinations?

A. How Are the Motor Vehicle Emission Budgets Developed and What Are 
the Motor Vehicle Emission Budgets for Allen County?

    Under the CAA, states are required to submit, at various times, SIP 
revisions and ozone maintenance plans for applicable areas (for ozone 
nonattainment areas and for areas seeking redesignations to attainment 
of the ozone standard or revising existing ozone maintenance plans). 
These emission control SIP revisions (e.g., reasonable further progress 
and attainment demonstration SIP revisions), including ozone 
maintenance plans, must create MVEBs based on on-road mobile source 
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 of the ozone NAAQS.
    Under 40 CFR part 93, MVEBs for an area seeking a redesignation to 
attainment of the NAAQS are established for the last year of the 
maintenance plan. The MVEBs serve as ceilings 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 MVEBs in the SIP and how to revise the MVEBs 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 standard 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's policy, criteria, and procedures for demonstrating and assuring 
conformity of 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 SIPs as required by 
section 176(c) of the CAA. EPA's substantive criteria for determining 
the adequacy of MVEBs are specified in 40 CFR 93.118(e)(4).
    EPA's process for determining adequacy of MVEBs consists of three 
basic steps: (1) Providing public notification of a SIP submission; (2) 
providing the public the opportunity to comment on the MVEBs during a 
public comment period; and (3) EPA's 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 rulemaking in making its adequacy 
determination.
    The Transportation Conformity rule in section 93.118(f) provides 
for adequacy findings through two mechanisms. Section 93.118(f)(1) 
provides for posting a notice to the EPA conformity Web site at: http:/
/www.epa.gov/otaq/stateresources/

[[Page 51498]]

transconf/adequacy.htm and providing a 30 day public comment period. 
The second mechanism is described in section 93.118(f)(2) which 
provides that EPA can review the adequacy of an implementation plan 
submission simultaneously with EPA's approval or disapproval of the 
implementation plan. In this notice, EPA is simultaneously reviewing 
the adequacy of the motor vehicle emission budgets as part of this 
review and proposal on the overall maintenance plan. Indiana has 
requested parallel processing and the expediency of the process is best 
suited to following section 93.118(f)(2).
    The Allen County 14-year maintenance plan contains VOC and 
NOX MVEBs for 2020. EPA has reviewed the submittal and the 
VOC and NOX MVEBs for Allen County and finds that the 
budgets meet the adequacy criteria in the Transportation Conformity 
rule. The 30-day comment period for adequacy will be the same as the 
comment period for approval of the budgets and maintenance plan. Any 
and all comments on the adequacy or approvability of the budgets should 
be submitted during the comment period stated in the DATES section of 
this notice.
    EPA, through this rulemaking is approving the MVEBs for use to 
determine transportation conformity in Allen County because EPA has 
determined that the budgets are consistent with the control measures in 
the SIP and that Allen County can maintain attainment of the 8-hour 
ozone NAAQS for the relevant required 14-year period with mobile source 
emissions at the levels of the MVEBs. IDEM has determined the 2020 
MVEBs for Allen County to be 6.5 tons per day for VOC and 7.0 tons per 
day for NOX. It should be noted that these MVEBs exceed the 
on-road mobile source VOC and NOX emissions projected by 
IDEM for 2020, as summarized in Tables 4 and 5 above (``On-Road 
Mobile'' source sector). Through discussions with all organizations 
involved in transportation planning for Allen County, IDEM decided to 
include safety margins of 0.93 tons per day for VOC and 0.81 tons per 
day for NOX in the MVEBs to provide for mobile source growth 
not anticipated in the projected 2020 emissions. Indiana has 
demonstrated that Allen County can maintain the 8-hour ozone NAAQS with 
mobile source emissions of 5.57 tons per day of VOC and 6.19 tons per 
day of NOX in 2020 since total source emissions will remain 
under the attainment year 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 Tables 4 and 5, 
Allen County VOC and NOX emissions are projected to have 
safety margins of 8.23 tons per day for VOC and 22.66 tons per day for 
NOX in 2020 (the difference between the 2004, attainment 
year, and 2020 VOC and NOX emissions for all sources in 
Allen County).
    The MVEBs requested by IDEM contain safety margins (selected by the 
State) significantly smaller than the safety margins reflected in the 
total emissions for Allen County. The State is not requesting 
allocation of the entire available safety margins actually reflected in 
the demonstration of maintenance (in Tables 4 and 5). Therefore, even 
though the State is requesting MVEBs that exceed the on-road mobile 
source emissions for 2020 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.

C. Are the MVEBs Approvable?

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

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

    EPA is making a determination that Allen County has attained the 8-
hour ozone NAAQS, and EPA is approving the redesignation of Allen 
County from nonattainment to attainment for the 8-hour ozone NAAQS. 
After evaluating Indiana's redesignation request, EPA is making a 
determination that it meets the redesignation criteria set forth in 
section 107(d)(3)(E) of the CAA. Final approval of this redesignation 
request would change the official designation for Allen County from 
nonattainment to attainment for the 8-hour ozone standard.
    EPA is also approving the maintenance plan SIP revision for Allen 
County. The 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 2020 MVEBs submitted by Indiana in 
conjunction with the redesignation request.

IX. 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. 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 (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

[[Page 51499]]

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). This action 
merely approves a state rule implementing a Federal standard, 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. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

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

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 30, 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 in 40 CFR Part 52

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

    Dated: August 16, 2006.
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.

Subpart P--Indiana

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


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

* * * * *
    (ff) Approval--On May 30, 2006, Indiana submitted a request to 
redesignate Allen County to attainment of the 8-hour ozone National 
Ambient Air Quality Standard. 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 Allen County. The 2020 motor vehicle 
emission budgets are 6.5 tons per day for VOC and 7.0 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 Fort Wayne, IN: 
Allen County in the table entitled ``Indiana Ozone (8-Hour Standard)'' 
to read as follows:


Sec.  81.315  Indiana.

* * * * *

                                                             Indiana Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Designation \a\                                         Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Fort Wayne, IN:
    Allen County........................    September  Attainment                                 ...........
                                             29, 2006
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.


[[Page 51500]]

[FR Doc. 06-7248 Filed 8-29-06; 8:45 am]
BILLING CODE 6560-50-P