

[Federal Register: November 16, 2005 (Volume 70, Number 220)]
[Proposed Rules]               
[Page 69488-69489]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no05-24]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 52

[R05-OAR-2005-IN-0008; FRL-7997-7]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to make a determination that the Delaware 
County ozone nonattainment area has attained the 8-hour ozone National 
Ambient Air Quality Standard (NAAQS). This proposed determination is 
based on three years of complete, quality-assured ambient air quality 
monitoring data for the period of 2002-2004 that demonstrate that the 
8-hour ozone NAAQS has been attained in the area.
    EPA is proposing to approve a request from the State of Indiana to 
redesignate Delaware County to attainment of the 8-hour ozone NAAQS. 
This request was submitted by the Indiana Department of Environmental 
Management (IDEM) on August 25, 2005. In proposing to approve this 
request, EPA is also proposing to approve the State's plan for 
maintaining the 8-hour ozone NAAQS through 2015 in this area as a 
revision to the Indiana State Implementation Plan (SIP). EPA is also 
proposing to find adequate and approve the State's 2015 Motor Vehicle 
Emission Budgets (MVEBs) for this area.
    In the final rules section of this Federal Register, EPA is 
approving the State's ozone redesignation request and the requested SIP 
revision as a direct final rule without prior proposal because EPA 
views this action as non-controversial and anticipates no adverse 
comments. A detailed rationale for the approval is set forth in the 
direct final rule. If we do not receive any adverse comments in 
response to these direct final and proposed rules, we do not 
contemplate taking any further action in relation to this proposed 
rule. If EPA receives adverse comments with respect to this rule, we 
will publish a timely withdrawal of the action, informing the public 
that the rule will not take effect. EPA will respond to the public 
comments in a subsequent final rule based on this proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in

[[Page 69489]]

commenting on this action should do so at this time.

DATES: Written comments must be received on or before December 16, 
2005.

ADDRESSES: Submit comments, identified by Regional Material in EDocket 
(RME) ID No. R05-OAR-2005-IN-0008, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 

the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's 

electronic public docket and comments system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    3. E-mail: mooney.john@epa.gov.
    4. Fax: (312) 886-5824.
    5. Mail: You may send written comments to: John M. Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    6. Hand delivery: Deliver your comments to: John M. Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, 
Illinois 60604. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's 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 RME ID No. R05-OAR-2005-IN-
0008. EPA's policy is that all comments received will be included in 
the public docket without change, including any personal information 
provided and may be made available online at http://docket.epa.gov/rmepub/
, 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 RME, regulations.gov, 
or e-mail. The EPA RME Web site and the Federal regulations.gov Web 
site are ``anonymous access'' systems, 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 RME or 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.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 

index, some information is not publicly available, i.e., 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 in RME 
or in hard copy at the Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604. We recommend that you telephone Edward Doty, Environmental 
Scientist, at (312) 886-6057 before visiting the Region 5 office. This 
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding Federal holidays.

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, doty.edward@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What Action Is EPA Taking?

    EPA is proposing to take several related actions. EPA is proposing 
to make a determination that the Delaware County, Indiana nonattainment 
area has attained the 8-hour ozone standard and that Delaware County 
has met the requirements for redesignation under section 107(d)(3)(E) 
of the Clean Air Act. EPA is thus proposing to approve a request to 
change the legal designation of Delaware County from nonattainment to 
attainment for the 8-hour ozone NAAQS. EPA is also proposing to approve 
Indiana's maintenance plan as a SIP revision for Delaware County (such 
approval being one of the Clean Air Act criteria for redesignation of 
an area to attainment status). The maintenance plan is designed to keep 
Delaware County in attainment of the ozone NAAQS for the next 10 years. 
Additionally, EPA is announcing its action on the Adequacy Process for 
the newly-established 2015 Volatile Organic Compounds (VOC) and 
Nitrogen Oxides (NOX) MVEBs for this area. The Adequacy 
comment periods for the 2015 MVEBs began on August 2, 2005, with EPA's 
posting of the availability of the State's submittal on EPA's Adequacy 
Web site at: http://www.epa.gov/otaq/transp/conform/adequacy.htm. The 

Adequacy comment period for these MVEBs ended on September 1, 2005. No 
requests for this submittal or adverse comments on this submittal were 
received during the Adequacy comment periods. Please see the Adequacy 
Section of this rulemaking for further explanation on this process. 
Therefore, we are finding adequate and approving the State's 2015 VOC 
and NOX MVEBs for transportation conformity purposes.

II. Where Can I Find More Information About This Proposal and the 
Corresponding Direct Final Rule?

    For additional information, see the Direct Final Rule which is 
located in the Rules section of this Federal Register. Copies of the 
request and the EPA's analysis are available electronically at RME or 
in hard copy at the above address. (Please telephone Edward Doty at 
(312) 886-6057 before visiting the Region 5 Office.)

    Dated: November 9, 2005.
Margaret Guerriero,
Acting Regional Administrator, Region 5.
[FR Doc. 05-22695 Filed 11-15-05; 8:45 am]

BILLING CODE 6560-50-P
