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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Parts 52 and 81
EPA ID: [EPA-R05-OAR-2006-0399; FRL-8267-9]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY: 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
DATES: This final rule is effective on February 12, 2007.
DOCUMENT 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 8hour 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 14year maintenance plan for Allen County. EPA is making a determination that the Allen County, Indiana ozone nonattainment area has attained the 8hour ozone NAAQS. This determination is based on three years of complete, qualityassured ambient air quality monitoring data for the 20032005 ozone seasons that demonstrate that the 8hour ozone NAAQS has been attained in the area. Qualityassured 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 8hour ozone standard. EPA's approval of the 8hour 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 14year, 8hour ozone maintenance plan for Allen County.
SUMMARY: Indiana,
SUPPLEMENTAL 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?
Groundlevel ozone is not emitted directly by sources. Rather,
emissions of nitrogen oxides (NO
The CAA requires EPA to designate as nonattainment any area that is violating the 8hour 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 provisionssubpart 1 and subpart 2that 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 ozonegoverned 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 8hour 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 3year average annual fourthhighest daily maximum 8hour average ozone concentration), if it had a 1hour design value at or above 0.121 ppm (the lowest 1hour design value in Table 1 of subpart 2). All other areas are covered under subpart 1, based upon their 8hour design values. Allen County was originally designated as an 8hour ozone nonattainment area by EPA on April 30, 2004, (69 FR 23857). At the same time EPA classified Allen County as a subpart 1 8hour ozone nonattainment area, based on air quality monitoring data from 20012003.
Under EPA regulations at 40 CFR part 50, the 8hour ozone standard is attained when the 3year average of the annual fourthhighest daily maximum 8hour 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 8hour ozone standard. The redesignation request included three years of complete, qualityassured data for the period of 2003 through 2005, indicating the 8hour NAAQS for ozone had been achieved. The data satisfy the CAA requirements when the 3year average of the annual fourthhighest daily maximum 8hour 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, qualityassured 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 30day 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 20032005 that clearly establishes that the 8hour ozone standard is being achieved. This air quality monitoring data is described in EPA's August 30, 2006 proposal at 71 FR 51491. Also, qualityassured 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
stateadopted measures. See the discussion at 71 FR 5149351494 and
Tables 2 and 3. These include Statewide reasonably available control
technology (RACT) rules, the Indiana NO
NO
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 [[Page 1294]]
did not consider the Cox/Chu model or any other model to account for
yeartoyear meteorological deviations. Consideration of such modeling is not required by EPA's redesignation policy.
(3) Comment: At the Leo site, 20032005 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 17year 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 8hour ozone standard if
the 3year average of the 4th high 8hour ozone value, for each of the
three years, is 84 ppb or lower. Therefore, to determine compliance
with the standard, only the 4th high 8hour ozone values are
considered, not the number of exceedances. Also, three years of air
quality data are used to allow for yeartoyear variations in
meteorology. The commenter provides no data supporting the contention
that the ``lower'' ozone concentrations of 2004 completely dominated
the 20032005 average or that the 20032005 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 8hour ozone standard for 20032005.
Qualityassured 20042006 data shows continued attainment and both the
(ozone precursor) VOC and NO
(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 WayneHuntingtonAuburn 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 NO
NO
(6) Comment: Another commenter asked EPA to reconsider the adequacy
of the 8hour 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 8hour period) on July 18, 1997 (62 FR 38856). This standard was promulgated to better protect public health and is more stringent than the 1hour 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 8hour 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
8hour 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 8hour 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 NO
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
[[Page 1295]]
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 preexisting 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 1044).
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.
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PIndiana
2. Section 52.777 is amended by adding paragraph (ff) to read as follows:
Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons). * * * * *
(ff) ApprovalOn May 30, 2006, Indiana submitted a request to
redesignate Allen County to attainment of the 8hour 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 NO
PART 81[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 81.315 is amended by revising the entry for Fort Wayne, IN:
Allen County in the table entitled ``Indiana Ozone (8Hour Standard)'' to read as follows:
Sec. 81.315 Indiana.
* * * * *
[[Page 1296]]
Indiana Ozone
[8Hour standard]
Designation \a\ Classification Designated area
Date\1\ Type Date Type
* * * * * * *
Fort Wayne, IN: Allen County.... 2/12/07 Attainment
* * * * * * *
\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. E7255 Filed 11007; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,(312) 8866052,
rosenthal.steven@epa.gov.
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