

[Federal Register: October 19, 2007 (Volume 72, Number 202)]
[Rules and Regulations]               
[Page 59210-59213]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc07-11]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2007-0173;FRL-8484-2]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On March 26, 2007, the Indiana Department of Environmental 
Management (IDEM) submitted a request for EPA approval of a 
redesignation of Boone, Hamilton, Hancock, Hendricks, Johnson, Madison, 
Marion, Morgan, and Shelby Counties (the Central Indiana Area) to 
attainment of the 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). IDEM also requested EPA approval of an ozone maintenance plan 
for this area as a revision of the Indiana State Implementation Plan 
(SIP). The maintenance plan demonstrates maintenance of the ozone NAAQS 
in this area through 2020 and establishes 2006 and 2020 motor vehicle 
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) 
emission budgets for this area. EPA is making a determination that the 
Central Indiana Area has attained the 8-hour ozone NAAQS. EPA is 
approving, as a SIP revision, the State's ozone maintenance plan for 
this area. Indiana has satisfied the criteria for the redesignation of 
the Central Indiana Area to attainment of the 8-hour ozone NAAQS, and, 
therefore, EPA is approving Indiana's ozone redesignation request for 
this area. Further, EPA is approving, for purposes of transportation 
conformity, the VOC and NOX Motor Vehicle Emission Budgets 
(MVEBs) for 2006 and 2020 that are contained in the 8-hour ozone 
maintenance plan. EPA proposed these actions on July 31, 2007, and 
received only one comment in response supporting the proposed actions.

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

ADDRESSES: EPA has established a docket for this action under Docket ID 
NO. EPA-R05-OAR-2007-0173. 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 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 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, doty.edward@epa.gov.

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.

[[Page 59211]]

I. What Is the Background for This Rule?

    The background for today's action is discussed in detail in EPA's 
July 31, 2007, proposed rule (72 FR 41658). In that proposed rule, we 
noted that, under EPA regulations at 40 CFR part 50, the 8-hour ozone 
standard is attained in an area when the three-year average of the 
annual fourth-highest daily maximum 8-hour average ozone concentrations 
is less than or equal to 0.08 parts per million parts of air (ppm) at 
all ozone monitoring sites in the area. (See 69 FR 23857 (April 30, 
2004)).
    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 the 
Central Indiana Area 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 the Central Indiana Area as a subpart 
1 8-hour ozone nonattainment area, based on quality assured air quality 
data for the period of 2001-2003.
    Under the CAA, a nonattainment area may be redesignated to 
attainment if sufficient complete, quality-assured data are available 
for the Administrator to determine that the area has attained the air 
quality standard and if the area meets other redesignation requirements 
in section 107(d)(3)(E) of the CAA. On March 26, 2007, Indiana 
submitted a request for redesignation of the Central Indiana Area to 
attainment of the 8-hour ozone NAAQS. The redesignation request 
included three years of complete, quality-assured data for the period 
of 2004-2006, indicating attainment of the 8-hour ozone NAAQS (we have 
also reviewed available 2007 ozone data for this area, and, to date, 
have seen no violations of the 8-hour ozone standard). The 
redesignation request demonstrated that the Central Indiana Area had 
met the redesignation criteria contained in the CAA. The redesignation 
request included an ozone maintenance plan and documentation of 2006 
and 2020 VOC and NOX MVEBs for this area. Our July 31, 2007, 
proposed rule (72 FR 41658) provides a discussion of how the Central 
Indiana Area and the State of Indiana have met the redesignation 
requirements for this area.
    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 (DC Cir. 2006). For the 
reasons set forth in the July 31, 2007, proposed rule, 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.

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

    EPA provided a 30-day review and comment period. The comment period 
closed on August 31, 2007. We received only one comment letter from the 
City of Indianapolis, which supported our proposed approval of 
Indiana's ozone redesignation request.

III. What Are Our Final Actions?

    EPA is taking several related actions for the Central Indiana Area. 
First, EPA is making a determination that the Central Indiana Area has 
attained the 8-hour ozone standard. EPA is approving Indiana's ozone 
maintenance plan SIP revision for the Central Indiana Area. EPA is 
approving the State's request to change the legal designation of the 
Central Indiana Area from nonattainment to attainment of the 8-hour 
ozone NAAQS. Finally, for the Central Indiana Area, EPA is approving 
2006 MVEBs of 54.32 tons VOC per day and 106.19 tons NOX per 
day and 2020 MVEBs of 29.52 tons VOC per day and 35.69 tons 
NOX per day.
    In accordance with 5 U.S.C. 553(d), EPA finds that there is good 
cause for these actions to become effective immediately upon 
publication. This is because a delayed effective date is unnecessary 
due to the nature of a 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

[[Page 59212]]

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 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 December 18, 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: October 10, 2007.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations 
are 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 (jj) to read as 
follows:


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

* * * * *
    (jj) Approval--On March 26, 2007, Indiana submitted a request to 
redesignate Boone, Hamilton, Hancock, Hendricks, Johnson, Madison, 
Marion, Morgan, and Shelby Counties (the Central Indiana Area) 
(Indianapolis ozone nonattainment area) to attainment of the 8-hour 
ozone National Ambient Air Quality Standard. As part of the 
redesignation request, the State submitted an ozone maintenance plan as 
required by section 175A of the Clean Air Act. Part of the section 175A 
maintenance plan includes a contingency plan. The ozone maintenance 
plan establishes 2006 motor vehicle emission budgets for the Central 
Indiana Area of 54.32 tons per day for volatile organic compounds (VOC) 
and 106.19 tons per day for nitrogen oxides (NOX) and 2020 
motor vehicle emission budgets for the Central Indiana Area of 29.52 
tons per day for VOC and 35.69 tons per day for NOX.

PART 81--[AMENDED]

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

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


0
4. Section 81.315 is amended by revising the entries for Indianapolis, 
Indiana: 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
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Indianapolis, IN:                October 19, 2007

[[Page 59213]]


    Boone County...............  .............................  Attainment..................
    Hamilton County............  .............................  Attainment..................
    Hancock County.............  .............................  Attainment..................
    Hendricks County...........  .............................  Attainment..................
    Johnson County.............  .............................  Attainment..................
    Madison County.............  .............................  Attainment..................
    Marion County..............  .............................  Attainment..................
    Morgan County..............  .............................  Attainment..................
    Shelby County..............  .............................  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. E7-20569 Filed 10-18-07; 8:45 am]

BILLING CODE 6560-50-P
