[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Rules and Regulations]
[Pages 76302-76304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31131]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2008-0395; FRL-9499-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Redesignation of Lake and Porter Counties to Attainment of the 
Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking several related actions affecting Lake and 
Porter Counties and the State of Indiana for the 1997 annual fine 
particulate matter (PM2.5) National Ambient Air Quality 
Standard (NAAQS or standard). EPA is approving a request from the State 
of Indiana for the redesignation of Lake and Porter Counties to 
attainment of the 1997 annual PM2.5 standard. EPA is 
approving, as a revision to the Indiana State Implementation Plan 
(SIP), the State's plan for maintaining the 1997 annual 
PM2.5 standard in the Chicago-Gary-Lake County, Illinois-
Indiana (IL-IN) PM2.5 nonattainment area (Greater Chicago 
nonattainment area) through 2025. EPA is also approving Indiana's 2025 
Nitrogen Oxides (NOX) and PM2.5 Motor Vehicle 
Emission Budgets (MVEBs). Finally, EPA is approving Indiana's 2005 
NOX, primary PM2.5, and sulfur dioxide 
(SO2) emissions inventories for Lake and Porter Counties.

DATES: This final rule is effective February 6, 2012.

ADDRESSES: EPA has established a docket for this action: Docket ID No. 
EPA-R05-OAR-2008-0395. All documents in the docket are listed on the 
http://www.regulations.gov web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically at 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 Edward Doty, 
Environmental Scientist, at (312) 886-6057, before visiting the Region 
5 office.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6057, 
[email protected].

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

Table of Contents

I. What is the background for this rule?
II. What comments did we receive on the proposed rule?
III. What actions is EPA taking?
IV. Statutory and and Executive Order Reviews

I. What is the background for this rule?

    On July 18, 1997 (62 FR 38652), EPA promulgated an annual 
PM2.5 standard at a level of 15 micrograms per cubic meter 
([mu]g/m\3\) of ambient air, based on the three-year average of the 
annual mean PM2.5 concentration at any monitor (1997 annual 
PM2.5 standard). On October 17, 2006 (71 FR 61144), EPA 
retained the annual PM2.5 standard at 15 [mu]g/m\3\ (2006 
annual PM2.5 standard). However, in response to legal 
challenges of the 2006 annual PM2.5 standard, the United 
States Court of Appeals for the District of Columbia Circuit (DC 
Circuit) remanded the 2006 annual PM2.5 standard to EPA for 
further consideration. EPA has retained and continues to enforce the 
1997 annual PM2.5 standard.
    On January 5, 2005 (70 FR 944), EPA published air quality area 
designations for the 1997 annual PM2.5 standard based on air 
quality data for calendar 2001-2003. In that rulemaking, EPA designated 
the Greater Chicago area, which includes Lake and Porter Counties in 
Indiana, as nonattainment for the 1997 annual PM2.5 
standard.
    On April 3, 2008, the Indiana Department of Environmental 
Management (IDEM) submitted a request for EPA approval of a 
redesignation of Lake and Porter Counties to attainment of the 1997 
annual PM2.5 standard. This

[[Page 76303]]

redesignation request is based on 2004-2007 monitoring data showing 
attainment of the 1997 annual PM2.5 standard. On March 6, 
2009, IDEM submitted a technical addendum to the April 3, 2008, 
PM2.5 redesignation request to show that the Greater Chicago 
nonattainment area continued to attain the 1997 annual PM2.5 
standard through 2008.
    On November 27, 2009 (74 FR 62243), EPA made a final determination 
that the Greater Chicago nonattainment area was attaining the 1997 
annual PM2.5 standard.
    On May 26, 2011, IDEM submitted a revised PM2.5 
maintenance plan to EPA demonstrating maintenance of the 1997 annual 
PM2.5 standard in Lake and Porter Counties through 2025. In 
this submittal, the State included additional air quality data showing 
continued attainment of the 1997 annual PM2.5 standard in 
the Greater Chicago area during 2008-2010.
    On September 27, 2011 (76 FR 59600), EPA issued a notice of 
rulemaking proposing to approve Indiana's request to redesignate Lake 
and Porter Counties to attainment of the 1997 annual PM2.5 
standard. This notice of rulemaking also proposed to approve Indiana's 
PM2.5 maintenance plan for Lake and Porter Counties, as 
revised in Indiana's May 26, 2011, submittal, 2005 NOX, 
SO2, and primary PM2.5 emission inventories for 
Lake and Porter Counties, and 2025 NOX and PM2.5 
MVEBs for Lake and Porter Counties.
    The primary background for today's actions is contained in EPA's 
September 27, 2011, proposal to approve Indiana's redesignation 
request, and in EPA's November 27, 2009, final determination that the 
Greater Chicago area has attained the 1997 annual PM2.5 
standard. In particular, the September 27, 2011, proposed rulemaking 
provides a detailed discussion of how Indiana's PM2.5 
redesignation request and maintenance plan meet the Clean Air Act (CAA) 
requirements for redesignation to attainment for the 1997 annual 
PM2.5 standard.

II. What comments did we receive on the proposed rule?

    The public comment period for the proposed rule ended on October 
27, 2011. No comments were received regarding the September 27, 2011, 
proposed rule.

III. What actions is EPA taking?

    After reviewing Indiana's redesignation request, EPA has determined 
that it meets the criteria set forth in section 107(d)(3)(E) of the 
CAA. Therefore, EPA is approving the redesignation of Lake and Porter 
Counties to attainment for the 1997 annual PM2.5 standard. 
EPA is also approving Indiana's PM2.5 maintenance plan for 
Lake and Porter Counties as a revision of the Indiana SIP based on 
Indiana's demonstration that the plan meets the requirements of section 
175A of the CAA. In addition, EPA is approving the 2005 NOX, 
SO2, and PM2.5 emission inventories for Lake and 
Porter Counties as meeting the requirement for emission inventories 
contained in section 172(c)(3) of the CAA. Finally, EPA also finds 
adequate and is approving the State's 2025 NOX and 
PM2.5 MVEBs for Lake and Porter Counties for purposes of 
future transportation conformity analyses and demonstrations.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by State law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve State choices, provided that they meet the criteria of the CAA. 
Accordingly, these actions merely do not impose additional requirements 
beyond those imposed by State law and the CAA. For that reason, these 
actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 6, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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).)

[[Page 76304]]

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Particulate 
matter, Sulfur dioxide.

40 CFR Part 81

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

    Dated: November 22, 2011.
Susan Hedman,
Regional Administrator, Region 5.

    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 52.776 is amended by adding paragraphs (v)(4) and (w)(4) to 
read as follows:


Sec.  52.776  Control strategy: Particulate matter.

* * * * *
    (v) * * *
    (4) The Chicago-Gary-Lake County, IL-IN nonattainment area (Lake 
and Porter Counties), as submitted on April 3, 2008, and supplemented 
on March 6, 2009. The maintenance plan establishes 2025 motor vehicle 
emissions budgets for Lake and Porter Counties of 2,915.19 tons per 
year for NOX and 132.70 tons per year for primary 
PM2.5.
    (w) * * *
    (4) Indiana's 2005 NOX, primary PM2.5, and 
SO2 emissions inventory satisfies the emission inventory 
requirements of section 172(c)(3) of the Clean Air Act for Lake and 
Porter Counties.

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follow:

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

0
4. Section 81.315 is amended by revising the entry for Chicago-Gary-
Lake County, IL-IN in the table entitled ``Indiana PM2.5 
(Annual NAAQS)'' to read as follows:


Sec.  81.315  Indiana.

* * * * *

                             Indiana--PM2.5
                             [Annual NAAQS]
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                                             Designation \1\
        Designated area        -----------------------------------------
                                     Date \2\               Type
------------------------------------------------------------------------
 
                              * * * * * * *
Chicago-Gary-Lake County, IL-   February 6, 2012.  Attainment.
 IN:
    Lake County
    Porter County.............
 
                              * * * * * * *
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\1\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\2\ This date is 90 days after January 5, 2005, unless otherwise noted.

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[FR Doc. 2011-31131 Filed 12-6-11; 8:45 am]
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