[Federal Register Volume 72, Number 7 (Thursday, January 11, 2007)]
[Rules and Regulations]
[Pages 1292-1296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-255]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2006-0399; FRL-8267-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On May 30, 2006, the Indiana Department of Environmental 
Management (IDEM), submitted a request to redesignate the Allen County, 
Indiana, (Fort Wayne) nonattainment area to attainment of the 8-hour 
ozone National Ambient Air Quality Standard (NAAQS). In this submittal, 
IDEM also requested EPA approval of an Indiana State Implementation 
Plan (SIP) revision containing a 14-year maintenance plan for Allen 
County. 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. Quality-assured monitoring data for 2006 show that the area 
continues to attain the standard. EPA is also approving the request to 
redesignate the area to attainment for the 8-hour ozone standard. 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 as a SIP revision the State's maintenance plan for 
the area. Further, EPA is 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 final rule is effective on February 12, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2006-0399. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available,

[[Page 1293]]

i.e., Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone 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?

    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 requires EPA to designate as nonattainment any area that is 
violating the 8-hour ozone NAAQS based on three consecutive years of 
air quality monitoring data. EPA designated Allen County as a 
nonattainment area in a Federal Register notice 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). At the same time EPA classified Allen County as a 
subpart 1 8-hour ozone nonattainment area, based on air quality 
monitoring data from 2001-2003.
    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%, and no single year has less than 75% data completeness as 
determined in Appendix I of Part 50.
    On May 30, 2006, Indiana submitted a request for redesignation of 
Allen County to attainment for the 8-hour ozone standard. 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. 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 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).

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

    EPA provided a 30-day review and comment period on the direct final 
approval and proposal that were published in the Federal Register on 
August 30, 2006. The direct final approval was withdrawn as a result of 
comments received on September 4, 2006. Comments from a second 
commenter were received well after the close of the comment period, but 
are considered here. These comments, and EPA's responses, follow:
    (1) Comment: More information is needed to determine if the air 
quality and enforceable emission reductions meet the requirements for 
redesignation. Preliminary summer 2006 data is now available. It cannot 
be determined from the data presented if enforceable emission 
reductions have taken place in Allen County.
    Response: The Allen County redesignation is based upon air quality 
monitoring data for 2003-2005 that clearly establishes that the 8-hour 
ozone standard is being achieved. This air quality monitoring data is 
described in EPA's August 30, 2006 proposal at 71 FR 51491. Also, 
quality-assured 2006 data show continuing attainment. Using this 2006 
data, the average of the 4th high values for the Leo and Ft. Wayne 
monitoring sites are 0.077 and 0.072 ppm, respectively. This is well 
below the violating level of 0.085 ppm.
    As discussed in the direct final approval, EPA believes that 
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. See the discussion at 71 FR 51493-51494 and 
Tables 2 and 3. These include Statewide reasonably available control 
technology (RACT) rules, the Indiana NOX SIP and acid rain 
control, tier 2 emission standards for vehicles and gasoline sulfur 
standards, and rules for both on and off-road diesel engines. Indiana 
has documented both reductions in VOC (4.88 tons/day) and 
NOX (3.81 tons/day) emissions in Allen County between 2002 
(a nonattainment year) and 2004 (an attainment year), and also that 
enforceable emission control requirements have been implemented in 
Allen County. These controls have contributed to the documented 
emission reductions. Therefore, we believe that they have caused and 
contributed to the observed air quality improvement. Finally, as noted 
above, 2006 data show continued attainment in Allen County.
    (2) Comment: It appears that cold and wet summers caused the 
improvement in air quality. Doesn't the Cox/Chu model show that 2003-
2005 was an unusual met period?
    Response: EPA's redesignation policy requires the use of three 
years of air quality data to compensate for the variation in 
meteorological conditions and their effect on ozone levels. EPA

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did not consider the Cox/Chu model or any other model to account for 
year-to-year meteorological deviations. Consideration of such modeling 
is not required by EPA's redesignation policy.
    (3) Comment: At the Leo site, 2003-2005 is the first period in the 
entire site's monitoring history that it did not violate the standard. 
However, it did have 8 exceedances over 84 ppb. This is more 
exceedances than 10 of its 17-year history. We know from the met 
analysis that was done that 2004 was an extremely unusual year with 
rain and the seventh coldest August on record.
    Response: As discussed in detail in the Direct Final Notice, an 
area is considered to be in attainment of the 8-hour ozone standard if 
the 3-year average of the 4th high 8-hour ozone value, for each of the 
three years, is 84 ppb or lower. Therefore, to determine compliance 
with the standard, only the 4th high 8-hour ozone values are 
considered, not the number of exceedances. Also, three years of air 
quality data are used to allow for year-to-year variations in 
meteorology. The commenter provides no data supporting the contention 
that the ``lower'' ozone concentrations of 2004 completely dominated 
the 2003-2005 average or that the 2003-2005 period as a whole had ozone 
averages atypically influenced by meteorology compared to other three-
year periods.
    (4) Comment: EPA should delay redesignation until after the 2005-
2007 air quality data is collected and enforceable reduction(s) are 
made.
    Response: Delay of the redesignation is not necessary because Allen 
County is in attainment of the 8-hour ozone standard for 2003-2005. 
Quality-assured 2004-2006 data shows continued attainment and both the 
(ozone precursor) VOC and NOX emissions will continue to 
decline through 2020, further decreasing peak ozone levels and 
maintaining ozone attainment. As discussed previously, EPA believes 
that 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.
    (5) Comment: The commenter quotes John Stafford, Director, 
Community Research Institute, Indiana University Purdue University, 
Fort Wayne as saying: ``From an employment perspective, it appears that 
northeast Indiana hit the low point of the downturn in the last three 
quarters of 2003 and the first quarter of 2004. In 2006, northeast 
Indiana should expect to see continued job growth, likely at a pace 
reflective of that for Indiana statewide. On the conservative end, 
additional 2,000 to 2,500 jobs to the Fort Wayne-Huntington-Auburn CSA 
should be very achievable.'' The commenter concludes that it appears 
that reductions came from activity changes and not enforceable 
reductions.
    Response: Documentation was neither submitted supporting the above 
employment projections, nor their potential impact on emissions. As set 
forth above, EPA believes that the improvement in air quality was due 
to permanent and enforceable emission reductions. Furthermore, Indiana 
in its maintenance plan considered population and source growth when 
making its future year emission projections which show decreasing VOC 
and NOX emissions, and continued attainment throughout the 
maintenance period. It should also be noted that Indiana's and 21 other 
states' electric generating unit NOX emission control rules 
stemming from EPA's NOX SIP Call have already been 
implemented, with additional NOX emission reductions 
expected through 2007. More specifically for Indiana, Table 3 in the 
withdrawn direct final notice (at 71 FR 51494) shows that 
NOX emissions have declined substantially from 1999 through 
2005 from its electric generating units. Further, Tables 4 and 5 in the 
withdrawn direct final notice show that VOC and NOX 
emissions in Allen County will continue to decline through 2020. In 
addition, the Clean Air Interstate Rule, 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--also supporting maintenance of the ozone standard in Allen 
County.
    (6) Comment: Another commenter asked EPA to reconsider the adequacy 
of the 8-hour ozone standard. The commenter stated her belief that the 
current standard was inadequate to protect Allen County's citizens. (It 
should be noted that EPA received this comment on October 30, 2006, 
well after the comment period closed on September 29, 2006.)
    Response: The adequacy of the ozone standard is not at issue in 
this rulemaking, which is an action to redesignate an area pursuant to 
the current standard. EPA revised and promulgated the current ozone 
standard (0.08 ppm, measured over an 8-hour period) on July 18, 1997 
(62 FR 38856). This standard was promulgated to better protect public 
health and is more stringent than the 1-hour ozone standard that was 
previously in effect. This comment, which was not specific to the Allen 
County redesignation request, would have more appropriately been 
submitted in response to the proposal of the existing 8-hour standard; 
it is not relevant with regard to whether Allen County is attaining the 
current standard, which is the subject of this redesignation action.

III. What Are Our Final Actions?

    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.

IV. Statutory and Executive Order Review

Executive Order 12866: Regulatory Planning and Review

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

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

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

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Redesignation of an area to attainment under 
section 107(d)(3)(E) of the Clean Air Act does not impose any new 
requirements on small entities. Redesignation is an action that affects 
the status of a geographical area and does not impose any new 
regulatory

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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 (Public Law 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.

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 12, 2007. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review, nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to force its requirements. (See Section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

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

    Dated: January 3, 2007.
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 eight years as required by the Clean Air Act. Also 
included were motor vehicle emission budgets 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.

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                                                  Indiana Ozone
                                                [8-Hour standard]
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                                                Designation \a\                          Classification
         Designated area         -------------------------------------------------------------------------------
                                       Date\1\                 Type                  Date              Type
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                                                  * * * * * * *
Fort Wayne, IN: Allen County....            2/12/07  Attainment
 
                                                 * * * * * * *
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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. E7-255 Filed 1-10-07; 8:45 am]
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