[Federal Register Volume 72, Number 138 (Thursday, July 19, 2007)]
[Rules and Regulations]
[Pages 39574-39576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13794]



[[Page 39574]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2006-0459; FRL-8440-4]


Determination of Attainment, Approval and Promulgation of 
Implementation Plans and Designation of Areas for Air Quality Planning 
Purposes; Indiana; Redesignation of LaPorte County to Attainment for 
Ozone

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 for EPA approval of redesignation 
of LaPorte County 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 plan to maintain the ozone standard in LaPorte County 
through 2020 and established 2020 motor vehicle Volatile Organic 
Compounds (VOC) and Nitrogen Oxides (NOX) emission budgets 
for LaPorte County. EPA is making a determination that LaPorte County, 
Indiana 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 LaPorte County. Quality 
assured monitoring data for 2006 show that the area continues to attain 
the ozone standard. EPA is approving, as a SIP revision, the State's 
ozone maintenance plan for LaPorte County. As a result, Indiana has 
satisfied the criteria for redesignation of LaPorte County to 
attainment of the 8-hour ozone NAAQS, and EPA is approving Indiana's 
ozone redesignation request for this area. Further, EPA is approving, 
for purposes of transportation conformity, the motor vehicle emission 
budgets (MVEBs) for VOC and NOX for the year 2020 that are 
contained in the 8-hour ozone maintenance plan for this area.

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

ADDRESSES: EPA has established a docket for this action under Docket ID 
NO. EPA-R05-OAR-2006-0459. 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, 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 www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays. We recommend that you telephone Edward Doty, 
Environmental Scientist, at (312) 886-6057 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6057, [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. Impacts of Recent Court Decisions
IV. What Are Our Final Actions?
IV. Statutory and Executive Order Review

I. What Is the Background for This Rule?

    The Clean Air Act (CAA) requires EPA to designate as nonattainment 
any area that is violating the 8-hour ozone NAAQS based on three 
consecutive years of air quality monitoring data. EPA designated 
LaPorte County, Indiana as a nonattainment area for the 8-hour ozone 
NAAQS in a Federal Register notice published on April 30, 2004 (69 FR 
23857). At the same time, EPA classified LaPorte County as a subpart 2 
moderate 8-hour ozone nonattainment area, based on quality assured air 
quality data for the period of 2001-2003.
    On May 30, 2006, Indiana submitted a request for redesignation of 
LaPorte County to attainment of the 8-hour ozone NAAQS. Additional 
supporting information was submitted on August 24, 2006. The 
redesignation request included three years of complete, quality-assured 
data for the period of 2003-2005, indicating attainment of the 8-hour 
ozone NAAQS. The ozone data show attainment of the 8-hour ozone NAAQS 
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 parts 
per million parts of air at all monitoring sites in an area. Under the 
CAA, nonattainment areas may redesignated to attainment if sufficient 
complete, quality-assured data are available for the Administrator to 
determine that an area has attained the standard and if the area meets 
other redesignation requirements in section 107(d)(3)(E) of the CAA. An 
April 18, 2007, proposed rule (72 FR 19424) provides a discussion of 
how LaPorte County and the State of Indiana met these requirements for 
this area.

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

    EPA provided a 30-day review and comment period on the April 18, 
2007, proposed rule. No comments were received by the EPA regarding 
this proposed rule.

III. Impacts of Recent Court Decisions

    On December 22, 2006, the U.S. Court of Appeals for the District of 
Columbia Circuit vacated EPA's Phase 1 implementation rule for the 8-
hour ozone standard (69 FR 23951, April 30, 2004). South Coast Air 
Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). On June 
8, 2007, in South Coast Management Dist. v. EPA, Docket No. 04-1201, in 
response to several petitions for rehearing, the D.C. Circuit clarified 
that the Phase 1 rule was vacated only with regard to those parts of 
the rule that had been successfully challenged. Therefore, the Phase 1 
rule provisions related to classifications for areas currently 
classified under subpart 2 of Title I, part D of the CAA as 
nonattainment areas, the 8-hour attainment dates and the timing for 
emissions reductions needed for attainment of the 8-hour ozone NAAQS 
remain effective. The June 8th decision left intact the Court's 
rejection of EPA's reasons for implementing the 8-hour ozone standard 
in certain nonattainment areas under subpart 1 in lieu of subpart 2. By 
limiting the vacatur, the Court let stand EPA's revocation of the 1-
hour ozone standard and anti-backsliding provisions of the Phase 1 rule 
that had not been successfully challenged. The June 8th decision 
reaffirmed the December 22, 2006, decision that EPA had improperly 
failed to retain four measures required for 1-hour ozone nonattainment 
areas under the anti-backsliding provisions of the regulations: (1) 
Nonattainment area New Source Review (NSR) requirements based on an 
area's 1-hour nonattainment

[[Page 39575]]

classification; (2) section 185 penalty fees for 1-hour severe or 
extreme nonattainment areas; (3) measures to be implemented pursuant to 
section 172(c)(9) or 182(c)(9) of the CAA, on the contingency of an 
area not making reasonable further progress toward attainment of the 1-
hour ozone NAAQS, or for failure to attain that NAAQS; and, (4) certain 
transportation conformity requirements for certain types of Federal 
actions. The June 8th decision clarified that the Court's reference to 
conformity requirements was limited to requiring the continued use of 
1-hour motor vehicle emissions budget until 8-hour budgets were 
available for 8-hour conformity determinations.
    For the reasons set forth in the proposal, EPA does not believe 
that the Court's rulings alter any requirements relevant to this 
redesignation action so as to preclude redesignation, and do not 
prevent EPA from finalizing this redesignation. EPA believes that the 
Court's December 22, 2006, and June 8, 2007, decisions impose no 
impediment to moving forward with redesignation of this area to 
attainment, because even in light of the Court's decisions, 
redesignation is appropriate under the relevant redesignation 
provisions of the CAA and longstanding policies regarding redesignation 
requests.
    With respect to the 8-hour ozone standard, LaPorte County, which is 
classified as a marginal nonattainment area under subpart 2, the June 
8, 2007, opinion clarifies that the Court did not vacate the Phase 1 
rule's provisions with respect to classifications for areas under 
subpart 2. The Court's decision, therefore, upholds EPA's 
classification for LaPorte County under subpart 2 for the 8-hour ozone 
standard.

IV. What Are Our Final Actions?

    EPA is taking several related actions. EPA is making a 
determination that LaPorte County, Indiana has attained the 8-hour 
ozone standard. EPA is approving Indiana's ozone maintenance plan as a 
SIP revision for LaPorte County (such approval being one of the CAA 
criteria for redesignation to attainment). The maintenance plan is 
designed to keep LaPorte County in attainment of the 8-hour ozone NAAQS 
through 2020. Because Indiana has met these and other prerequisites for 
redesignation to attainment, EPA is approving the State's request to 
change the legal designation of LaPorte County from nonattainment to 
attainment of the 8-hour ozone NAAQS. In addition, and supported by and 
consistent with the ozone maintenance plan, EPA is approving the 2020 
VOC and NOX MVEBs for LaPorte County for transportation 
conformity purposes. The 2020 MVEBs for LaPorte County are 3.40 tons 
per day for VOC and 6.50 tons per day for NOX.
    EPA finds that there is good cause for these actions to become 
effective immediately upon publication because a delayed effective date 
is unnecessary due to the nature of redesignation to attainment, which 
relieves the area from certain CAA requirements that would otherwise 
apply to it. The immediate effective date for this action is authorized 
under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions 
may become effective less than 30 days after publication if the rule 
``grants or recognizes an exemption or relieves a restriction'' and 
section 553(d)(3), which allows an effective date less than 30 days 
after publication ``as otherwise provided by the agency for good cause 
found and published with the rule.'' The purpose of the 30-day waiting 
period prescribed in 553(d) is to give affected parties a reasonable 
time to adjust their behavior and prepare before the final rule takes 
effect. Today's rule, however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. Rather, today's rule relieves the State 
of planning requirements for this 8-hour ozone nonattainment area. For 
these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these 
actions to become effective on the date of publication of these 
actions.

IV. Statutory and Executive Order Review

Executive Order 12866: Regulatory Planning and Review

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

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

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

Regulatory Flexibility Act

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

Unfunded Mandates Reform Act

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

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

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

[[Page 39576]]

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

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

National Technology Transfer Advancement Act

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

Paperwork Reduction Act

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

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 17, 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: July 5, 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 (gg) to read as 
follows:


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

* * * * *
    (gg) Approval--On May 30, 2006, Indiana submitted a request to 
redesignate LaPorte 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. The 
maintenance plan establishes 2020 motor vehicle emission budgets for 
LaPorte County of 3.40 tons per day for volatile organic compounds 
(VOC) and 6.50 tons per day for oxides of nitrogen (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 entries for LaPorte 
County, Indiana: LaPorte County in the table entitled ``Indiana Ozone 
(8-Hour Standard)'' to read as follows:


Sec.  81.315  Indiana.

* * * * *

                                                   Ohio Ozone
                                                [8-hour standard]
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                                               Designation \a\                         Classification
         Designated area          ------------------------------------------------------------------------------
                                     Date \1\              Type              Date \1\             Type
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                                                  * * * * * * *
LaPorte Co., IN:
    LaPorte County...............      8/20/07  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. E7-13794 Filed 7-18-07; 8:45 am]
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