12090 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2009–0512; FRL–9125–5] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve a 

request from the State of Indiana to 

redesignate Lake and Porter Counties to 

attainment of the 1997 eight-hour ozone 

National Ambient Air Quality Standard 

(NAAQS). In proposing to approve this 

request, EPA also proposes to approve, 

as a revision of the Indiana State 

Implementation Plan (SIP), the State’s 

plan for maintaining the eight-hour 

ozone standard through 2020 in Lake 

and Porter Counties and in the ChicagoGary-Lake County, Illinois-Indiana (ILIN) ozone nonattainment area. In 

addition, EPA proposes to approve 

Volatile Organic Compound (VOC) and 

Nitrogen Oxides (NOX) emission 

inventories for Lake and Porter Counties 

as a revision of the Indiana SIP. Finally, 

EPA proposes to find adequate and to 

approve the State’s 2010 and 2020 

Motor Vehicle Emission Budgets 

(MVEBs) for Lake and Porter Counties. 

DATES: Comments must be received on 

or before April 12, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0512, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail. Bortzer.jay@epa.gov. 

• Fax: (312) 692–2054. 

• Mail: Jay Bortzer, Chief, Air 

Programs Branch, (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

• Hand Delivery: Jay Bortzer, Chief, 

Air Programs Branch, (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, 18th Floor, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

Regional Office 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 

Docket ID No. EPA–R05–OAR–2009– 

0512. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, 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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, 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 http:// 

www.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 

and viruses. For additional instructions 

on submitting comments, go to section 

I of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the U.S. 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 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), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6057. 

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 Should I Consider As I Prepare My 

Comments for EPA? 

II. What Actions Is EPA Proposing? 

III. What Is the Background for These 

Actions? 

A. General Background 

B. What Is the Relationship of This Action 

to a May 31, 2007 EPA Proposal To 

Approve the Redesignation of Lake and 

Porter Counties to Attainment of the 

1997 Eight-Hour Ozone Standard? 

C. What Are the Impacts of December 22, 

2006 and June 8, 2007 United States 

Court of Appeals Decisions on EPA’s 

April 15, 2004 Phase 1 Ozone 

Implementation Rule? 

1. Summary of Court Decisions 

2. Requirements Under the Eight-Hour 

Ozone Standard 

3. Requirements Under the One-Hour 

Ozone Standard 

D. What Is the Effect of the 2008 EightHour Ozone Standard? 

IV. What Are the Criteria for Redesignation 

to Attainment? 

V. Review of the State’s Ozone Redesignation 

Request and the Basis for EPA’s 

Proposed Action 

A. Has the Chicago-Gary-Lake County, ILIN Area Attained the 1997 Eight-Hour 

Ozone NAAQS? 

B. Have Lake and Porter Counties and the 

State of Indiana Met All Requirements of 

Section 110 and Part D of the CAA 

Applicable for Purposes of 

Redesignation, and Do Lake and Porter 

Counties Have a Fully Approved SIP 

Under Section 110(k) of the CAA for 

Purposes of Redesignation to 

Attainment? 

1. Lake and Porter Counties Have Met All 

Applicable Requirements of Section 110 

and Part D of the CAA 

a. Section 110: General Requirements for 

Implementation Plans 

b. Part D Requirements Under the 1997 

Eight-Hour Ozone Standard 

c. Subpart 1 Section 172 Requirements 

d. Section 176 Conformity Requirements 

e. Subpart 2 Section 182(a) Requirements 

f. Subpart 2 Section 182(b) Requirements 

g. Subpart 2 Section 182(f) Requirements 

2. Lake and Porter Counties Have a Fully 

Approved SIP For Purposes of 

Redesignation Under Section 110(k) of 

the CAA 

3. Lake and Porter Counties Have a Fully 

Approved SIP and Meet AntiBacksliding Requirements Under the 

One-Hour Ozone Standard 

C. Are the Air Quality Improvements in the 

Chicago-Gary-Lake County, IL-IN Area 

Due to Permanent and Enforceable 

Emission Reductions? 

1. Permanent and Enforceable Controls 

Implemented 


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a. Reasonably Available Control 

Technology 

b. ROP Plans and Attainment 

Demonstration Plan 

i. 1996 Fifteen Percent ROP Plan 

ii. 1999 Nine Percent ROP Plan 

iii. 2002 Nine Percent ROP Plan 

iv. 2005 Nine Percent ROP Plan 

v. 2007 Six Percent ROP Plan 

c. NOX Control Rules 

d. Federal Emission Control Measures 

e. Additional Local Emission Reductions 

f. Controls to Remain in Effect 

2. Emission Reductions 

3. Ozone Modeling Results and 

Temperature Analysis 

D. Does Indiana Have a Fully Approvable 

Ozone Maintenance Plan Pursuant to 

Section 175A of the CAA for Lake and 

Porter Counties? 

1. What Is Required in an Ozone 

Maintenance Plan? 

2. How Did the State Estimate the 

Attainment Year VOC and NOX

Emissions? 

a. Area Sources 

b. Point Sources 

c. On-Road Mobile Source Emissions 

d. Non-Road Mobile Source Emissions 

e. Emissions From the Illinois Portion of 

the Chicago-Gary-Lake County, IL-IN 

Ozone Nonattainment Area 

3. Has the State Demonstrated Maintenance 

of the Ozone Standard in Lake and Porter 

Counties? 

4. What Is the Contingency Plan for Lake 

and Porter Counties? 

5. Has the State Committed to Update the 

Ozone Maintenance Plan Within Eight 

Years After the Redesignation of Lake 

and Porter Counties to Attainment of the 

Eight-Hour Ozone NAAQS? 

6. How Is Indiana’s Ozone Maintenance 

Plan Affected by the Future of NOX Emission 

Control Rules in Indiana and in Upwind 

Areas Under CAIR and Under the NOX SIP 

Call? 

VI. Has the State Adopted Acceptable MVEBs 

for the End Year of the Ozone 

Maintenance Period? 

A. How Were the MVEBs Developed, and 

What Are the MVEBs for Lake and Porter 

Counties? 

B. Are the MVEBs Adequate and 

Approvable for Use in Conformity 

Determinations? 

VII. What Is the Base Year Emissions 

Inventory, and Is Indiana’s Approvable? 

VIII. What Are EPA’s Proposed Actions? 

IX. Statutory and Executive Order Reviews 

I. What Should I Consider As I Prepare 

My Comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified in the proposed rule. 

II. What Actions Is EPA Proposing? 

EPA is proposing to take several 

related actions. First, based on a review 

of a June 5, 2009, ozone redesignation 

request from the State of Indiana, EPA 

is proposing to approve the 

redesignation of Lake and Porter 

Counties, Indiana from nonattainment 

to attainment of the 1997 eight-hour 

ozone NAAQS, in accordance with 

sections 107(d)(3)(E) and 175A of the 

Clean Air Act (CAA). Second, EPA is 

proposing to approve Indiana’s 1997 

eight-hour ozone maintenance plan for 

Lake and Porter Counties as a revision 

of Indiana’s SIP. This ozone 

maintenance plan demonstrates that 

Lake and Porter Counties (and the 

Chicago-Gary-Lake County, IL-IN area) 

should remain in attainment of the 1997 

eight-hour ozone NAAQS through 2020, 

and specifies the measures that will be 

taken if violation of the ozone standard 

occurs or is threatened. Third, EPA is 

proposing to approve 2002 VOC and 

NOX emission inventories for Lake and 

Porter Counties as a revision of the 

Indiana SIP, as required by section 

182(a)(1) of the CAA. Finally, EPA is 

proposing to find as adequate and to 

approve VOC and NOX 2010 and 2020 

MVEBs for Lake and Porter Counties. 

The comment period for adequacy of the 

MVEBs is concurrent with the comment 

period for this proposed rule. 

III. What Is the Background for These 

Actions? 

A. General Background 

EPA has determined that ground-level 

ozone is detrimental to human health. 

On July 18, 1997 (62 FR 38856), EPA 

promulgated an eight-hour ozone 

NAAQS of 0.08 parts per million parts 

of air (ppm) (80 parts per billion (ppb)) 

(the 1997 eight-hour ozone standard or 

NAAQS). This standard is violated in an 

area when any ozone monitor in the 

area (or in its impacted downwind 

environs) records eight-hour ozone 

concentrations with a three-year average 

of the annual fourth-highest daily 

maximum eight-hour ozone 

concentrations equaling or exceeding 

0.085 ppm. This eight-hour ozone 

standard replaced a prior one-hour 

ozone NAAQS promulgated on February 

8, 1979 (44 FR 8202), and revoked on 

June 15, 2005. 

Ground-level ozone is generally not 

emitted directly by sources. Rather, 

emitted NOX and VOC react in the 

presence of sunlight to form groundlevel ozone, as a secondary compound, 

along with other secondary compounds. 

NOX and VOC are referred to as ‘‘ozone 

precursors.’’ Reduction of peak groundlevel ozone concentrations is achieved 

through controlling VOC and NOX

emissions. 

Section 107 of the CAA requires EPA 

to designate as nonattainment areas that 

violate the NAAQS. This includes the 

1997 eight-hour ozone NAAQS. The 

Federal Register action promulgating 

the eight-hour ozone designations and 

classifications was published on April 

30, 2004 (69 FR 23857). The 

designations and classifications became 

effective on June 15, 2004. 

The CAA contains two sets of 

provisions—subparts 1 and 2—that 

address planning and emission control 

requirements for ozone nonattainment 

areas. Both of these subparts are found 

in title 1, part D of the CAA. Subpart 1 

contains general, less prescriptive 

requirements for all nonattainment areas 

of any pollutant governed by a NAAQS. 

Subpart 2 contains more specific 

requirements for certain ozone 

nonattainment areas, and applies to 

ozone nonattainment areas classified 

under section 181 of the CAA. In the 

April 30, 2004, designation rulemaking, 

EPA divided eight-hour ozone 

nonattainment areas into the categories 

of subpart 1 nonattainment (‘‘basic’’ 

nonattainment) and subpart 2 

nonattainment (nonattainment areas 

classified using an approach analogous 

to the approach defined in section 181 

of the CAA for the one-hour ozone 

NAAQS). 

Emission control requirements for 

classified, subpart 2 nonattainment 

areas are linked to areas’ ozone 

nonattainment classifications. Areas 

with more serious ozone pollution 

problems (with higher ozone 

nonattainment classifications) are 

subject to more prescribed requirements 

and later attainment dates. The 

prescribed emission control 

requirements are designed to help bring 

areas into attainment by their specified 

attainment dates. 


srobinson on DSKHWCL6B1PROD with PROPOSALS2
12092 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Proposed Rules 

1The 2005, 2006, and 2007 fourth-high daily 

maximum eight-hour ozone concentrations 

respectively for each of these monitoring sites were: 

Chiwaukee Prairie—93, 79, and 85 ppb; and, 

Whiting—88, 81, and 88 ppb. 

In EPA’s April 30, 2004 (69 FR 23591) 

rulemaking, EPA designated Lake and 

Porter Counties (a portion of the 

Chicago-Gary-Lake County, IL-IN ozone 

nonattainment area) as a subpart 2 

moderate nonattainment area for the 

1997 eight-hour ozone standard. This 

designation was based on 2001–2003 

ozone data collected in the ChicagoGary-Lake County, IL-IN area and at the 

Chiwaukee Prairie monitoring site in 

Wisconsin (located very near the 

Illinois-Wisconsin border, and 

considered to be one of the peak ozone 

impact sites resulting from the VOC and 

NOX emissions in the Chicago-GaryLake County, IL-IN area). 

On June 5, 2009, the State of Indiana, 

through the Indiana Department of 

Environmental Management (IDEM), 

requested redesignation of Lake and 

Porter Counties to attainment of the 

1997 eight-hour ozone NAAQS based on 

ozone data from the period of 2006– 

2008. 

On July 20, 2009, IDEM supplemented 

the June 5, 2009, ozone maintenance 

demonstration to demonstrate that the 

1997 eight-hour ozone standard can be 

maintained in Lake and Porter Counties 

and in the Chicago-Gary-Lake County, 

IL-IN area through 2020 without 

emission reductions resulting from 

implementation of EPA’s Clean Air 

Interstate Rule (CAIR). As explained 

below, some uncertainty currently exists 

regarding the implementation of the 

CAIR-based emission control rules in 

Indiana and in other states whose NOX

emissions may impact ozone levels in 

the Chicago-Gary-Lake County, IL-IN 

area. 

B. What Is the Relationship of This 

Action to a May 31, 2007 EPA Proposal 

to Approve the Redesignation of Lake 

and Porter Counties to Attainment of 

the 1997 Eight-Hour Ozone Standard? 

On May 31, 2007 (72 FR 30436), EPA 

published a proposed rule to approve 

the redesignation of Lake and Porter 

Counties to attainment of the 1997 

eight-hour ozone standard based on a 

September 12, 2006, request by the State 

of Indiana. Before the final rulemaking 

could be completed, however, violations 

of the 1997 eight-hour ozone standard 

were monitored at two sites in or 

associated with the Chicago-Gary-Lake 

County, IL-IN ozone nonattainment 

area. Both the Chiwaukee Prairie 

monitoring site in Wisconsin and the 

Whiting monitoring site in Lake County, 

Indiana recorded violations of the 1997 

eight-hour ozone standard based on 

2005–2007 quality-assured and Statecertified ozone data.1 Because violations 

of the 1997 eight-hour ozone standard 

occurred prior to final rulemaking to 

approve Indiana’s September 12, 2006 

ozone redesignation request, EPA could 

not complete a final rulemaking 

approving this redesignation request. 

The June 5, 2009, ozone redesignation 

request is based on subsequent 

complete, quality-assured ozone data for 

2006–2008 showing attainment of the 

1997 eight-hour ozone NAAQS 

throughout the entire Chicago-GaryLake County, IL-IN ozone 

nonattainment area, as well as at the 

Chiwaukee Prairie monitoring site in 

Wisconsin. Preliminary data from the 

2009 ozone monitoring season show 

that the area continues to attain the 

1997 eight-hour ozone NAAQS. 

As discussed below, EPA has 

previously proposed to determine that 

the Chicago-Gary-Lake County, IL-IN 

area is attaining the 1997 eight-hour 

ozone standard based on the 2006–2008 

ozone data. See 74 FR 48703 (September 

24, 2009). In the same action, EPA also 

proposed to approve a NOX Reasonably 

Available Control Technology (RACT) 

waiver request from the State for Lake 

and Porter Counties that was included 

in the State’s June 5, 2009 submittal. In 

addition, on September 24, 2009 (74 FR 

48662), through an interim final rule, 

EPA concluded that, contingent on 

continued monitored attainment of the 

1997 eight-hour ozone standard in the 

Chicago-Gary-Lake County, IL-IN area, 

Indiana has met the NOX RACT 

requirement of section 182(f) of the CAA 

through a waiver of this requirement. 

EPA did not receive any comments on 

either the September 24, 2009, proposed 

rule or the September 24, 2009, interim 

final rule. In a separate final rulemaking 

in today’s Federal Register, EPA finds 

that the Chicago-Gary-Lake County, ILIN area has attained the 1997 eight-hour 

ozone standard based on the 2006–2008 

ozone data, and approves Indiana’s 

requested NOX RACT waiver for Lake 

and Porter Counties. 

On December 4, 2008, IDEM 

submitted a draft of a redesignation 

request based on the 2006–2008 ozone 

data and requested parallel processing 

while IDEM completed public review of 

the redesignation request and associated 

ozone maintenance plan. Because EPA 

did not complete the rulemaking on the 

September 12, 2006 ozone redesignation 

request and because the December 4, 

2008 submittal considered more recent 

ozone data, IDEM requested EPA to 

consider only this later redesignation 

request, which was finalized and 

submitted on June 5, 2009 (and 

supplemented in July, 2009), and to 

disregard the December 12, 2006, ozone 

redesignation request. Since the State of 

Indiana has requested that EPA 

disregard the September 12, 2006, ozone 

redesignation request, EPA will not 

conduct further rulemaking with regard 

to that submittal. This proposed rule 

considers only the final June 5, 2009, 

redesignation request and supporting 

information, as supplemented in July, 

2009. 

C. What Are the Impacts of December 

22, 2006 and June 8, 2007 United States 

Court of Appeals Decisions on EPA’s 

April 15, 2004 Phase 1 Ozone 

Implementation Rule? 

1. Summary of Court Decisions 

On December 22, 2006, in South 

Coast Air Quality Management Dist. v. 

EPA, the U.S. Court of Appeals for the 

District of Columbia Circuit (D.C. 

Circuit) vacated EPA’s Phase 1 

implementation rule for the 1997 eighthour ozone standard (69 FR 23591, 

April 30, 2004). 472 F.3d 882 (D.C. Cir. 

2006). On June 8, 2007, 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. Id., Docket No. 

04–1201. Therefore, the Phase 1 rule 

provisions for areas currently classified 

under subpart 2 of title 1, part D of the 

CAA as eight-hour ozone nonattainment 

areas, the eight-hour ozone attainment 

dates, and the timing of emission 

reductions needed for attainment of the 

1997 eight-hour ozone NAAQS remain 

in effect. The June 8th decision left 

intact the Court’s rejection of EPA’s 

reasons for implementing the 1997 

eight-hour ozone standard in certain 

nonattainment areas under subpart 1 of 

the CAA. By limiting the vacatur, the 

Court let stand EPA’s revocation of the 

one-hour ozone standard and those antibacksliding 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 failed to retain 

measures required for one-hour ozone 

nonattainment areas under the antibacksliding provisions of the CAA, 

including: (1) Nonattainment area New 

Source Review (NSR) requirements 

based on an area’s one-hour ozone 

nonattainment classification; (2) section 

185 source penalty fees for one-hour 

severe and extreme nonnattainment 

areas; (3) measures to be implemented 

pursuant to section 172(c)(9) or 


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182(c)(9) of the CAA as contingencies 

for areas not making Reasonable Further 

Progress (RFP) toward attainment of the 

one-hour ozone NAAQS, or for failure to 

attain the NAAQS; and, (4) 

transportation conformity requirements 

for certain types of Federal actions. The 

June 8th decision clarified that the 

Court’s reference to conformity 

requirements for anti-backsliding 

purposes was limited to requiring the 

continued use of one-hour motor 

vehicle emission budgets until eighthour MVEBs are available for 

conformity determinations. 

For the reasons set forth below, EPA 

does not believe that the Court’s rulings 

preclude redesignation. EPA believes 

that the Court’s 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. 

2. Requirements Under the Eight-Hour 

Ozone Standard 

For the eight-hour ozone standard, the 

Chicago-Gary-Lake County, IL-IN ozone 

nonattainment area is classified as 

moderate nonattainment under subpart 

2 of the CAA. 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 classifications 

for those areas classified under subpart 

2 for the eight-hour ozone standard, and 

all eight-hour ozone requirements for 

these areas remain in place. 

3. Requirements Under the One-Hour 

Ozone Standard 

In its June 8, 2007, decision, the Court 

limited its vacatur so as to uphold those 

provisions of EPA’s anti-backsliding 

requirements that were not successfully 

challenged. Therefore, an area must 

meet the anti-backsliding requirements, 

see 40 CFR 51.900, et seq.; 70 FR 30592, 

30604 (May 26, 2005), which apply by 

virtue of the area’s classification for the 

one-hour ozone NAAQS. As set forth in 

more detail below, the area must also 

address several additional antibacksliding provisions identified by the 

Court in its decisions. 

D. What Is the Effect of the 2008 EightHour Ozone Standard? 

On March 27, 2008 (73 FR 16435), 

EPA adopted a new eight-hour ozone 

NAAQS (the 2008 eight-hour ozone 

standard) of 0.075 ppm, three-year 

average of the annual fourth-highest 

daily maximum eight-hour ozone 

concentrations at each ozone monitoring 

site. Although this reflects a tightening 

of the ozone standard, the states and 

EPA have not completed the designation 

of areas for this standard. In addition, 

on September 16, 2009, EPA announced 

its intention to reconsider the 2008 

eight-hour ozone standard, and 

announced that it was staying the 

designation of areas for this standard 

pending the outcome of the 

reconsideration of the standard. Finally, 

on January 19, 2010, EPA proposed to 

revise the eight-hour ozone standard (75 

FR 2938), proposing an eight-hour 

ozone concentration standard in the 

range of 0.060 to 0.070 ppm. 

EPA’s future actions with respect to 

the 2008 eight-hour ozone standard or 

the newly-proposed standard have no 

effect on the redesignation of Lake and 

Porter Counties with regard to the 1997 

eight-hour ozone standard. In addition, 

our final action on the redesignation to 

attainment of Lake and Porter Counties 

for the 1997 eight-hour ozone standard 

will have no bearing on any future 

action as to the attainment designation 

of Lake and Porter Counties for the 2008 

ozone standard or any subsequentlypromulgated ozone standard. 

IV. What Are the Criteria for 

Redesignation to Attainment? 

The CAA provides the basic 

requirements for redesignating a 

nonattainment area to attainment. 

Specifically, section 107(d)(3)(E) of the 

CAA authorizes redesignation provided 

that: (1) The Administrator determines 

that the area has attained the applicable 

NAAQS based on recent air quality data; 

(2) the Administrator has fully approved 

an applicable SIP for the area under 

section 110(k) of the CAA; (3) the 

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable emission 

reductions resulting from 

implementation of the applicable SIP, 

Federal air pollution control 

regulations, and other permanent and 

enforceable emission reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area meeting 

the requirements of section 175A of the 

CAA; and, (5) the state has met all 

requirements applicable to the area 

under section 110 and part D of the 

CAA. 

EPA provided guidance on 

redesignations in the General Preamble 

for the implementation of title I of the 

CAA on April 16, 1992 (57 FR 13498), 

and supplemented this guidance on 

April 28, 1992 (57 FR 18070). 

Two significant policy documents 

affecting the review of ozone 

redesignation requests are the following: 

(1) ‘‘Procedures for Processing Requests 

to Redesignate Areas to Attainment,’’ 

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, September 4, 1992 (the 

September 4, 1992 Calcagni 

memorandum); and, (2) ‘‘Reasonable 

Further Progress, Attainment 

Demonstration, and Related 

Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National 

Ambient Air Quality Standard,’’ 

Memorandum from John S. Seitz, 

Director, Office of Air Quality Planning 

and Standards, May 10, 1995 (the May 

10, 1995 Clean Data Policy 

memorandum). Additional guidance on 

processing redesignation requests is 

included in the following documents: 

• ‘‘Maintenance Plans for 

Redesignation of Ozone and Carbon 

Monoxide Nonattainment Areas,’’ 

Memorandum from G.T. Helms, Chief 

Ozone/Carbon Monoxide Programs 

Branch, April 30, 1992; 

• ‘‘Contingency Measures for Ozone 

and Carbon Monoxide (CO) 

Redesignations,’’ Memorandum from 

G.T. Helms, Chief, Ozone/Carbon 

Monoxide Programs Branch, June 1, 

1992; 

• ‘‘State Implementation Plan (SIP) 

Actions Submitted in Response to Clean 

Air Act (Act) Deadlines,’’ Memorandum 

from John Calcagni, Director, Air 

Quality Management Division, October 

28, 1992; 

• ‘‘Technical Support Documents 

(TSDs) for Redesignation of Ozone and 

Carbon Monoxide (CO) Nonattainment 

Areas,’’ Memorandum from G.T. Helms, 

Chief, Ozone/Carbon Monoxide 

Programs Branch, August 17, 1993; 

• ‘‘State Implementation Plan (SIP) 

Requirements for Areas Submitting 

Requests for Redesignation to 

Attainment of the Ozone and Carbon 

Monoxide (CO) National Ambient Air 

Quality Standards (NAAQS) On or After 

November 15, 1992,’’ Memorandum 

from Michael H. Shapiro, Acting 

Assistant Administrator for Air and 

Radiation, September 17, 1993; 

• ‘‘Use of Actual Emissions in 

Maintenance Demonstrations for Ozone 

and CO Nonattainment Areas,’’ 

Memorandum from D. Kent Berry, 

Acting Director, Air Quality 

Management Division, November 30, 

1993; 

• ‘‘General Preamble for the 

Interpretation of Title I of the Clean Air 

Act Amendments of 1990,’’ (General 

Preamble) 57 FR 13498 (April 16, 1992); 

and, 

• ‘‘Part D New Source Review (Part D 

NSR) Requirements for Areas 

Requesting Redesignation to 


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2The worst-case monitoring site-specific ozone 

design value in the area and in its nearby 

downwind environs. 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994. 

V. Review of the State’s Ozone 

Redesignation Request and the Basis for 

EPA’s Proposed Action 

EPA is proposing to: (1) Approve the 

ozone maintenance plan for Lake and 

Porter Counties and the VOC and NOX

MVEBs supported by the ozone 

maintenance plan; (2) approve the 2002 

VOC and NOX emissions inventory for 

Lake and Porter Counties as meeting the 

emission inventory requirements of the 

CAA; and, (3) approve the redesignation 

of Lake and Porter Counties to 

attainment of the 1997 eight-hour ozone 

NAAQS. The bases for our proposed 

approvals follow. 

A. Has the Chicago-Gary-Lake County, 

IL-IN Area Attained the 1997 Eight-Hour 

Ozone NAAQS? 

An area may be considered to be 

attaining the 1997 eight-hour ozone 

NAAQS if there are no violations of the 

NAAQS, as determined in accordance 

with 40 CFR 50.10 and 40 CFR part 50, 

appendix I, based on the most recent 

three complete, consecutive calendar 

years of quality-assured air quality 

monitoring data at all ozone monitoring 

sites in the area and at any nearby ozone 

monitor outside of the area with ozone 

concentrations impacted by VOC and 

NOX emissions from the subject area, 

particularly if the external monitor is 

used to calculate the area’s ozone design 

value. To attain this standard, the 

average of the annual fourth-high daily 

maximum eight-hour average ozone 

concentrations measured and recorded 

at each monitoring site (the monitoring 

site’s ozone design value) over the most 

recent three-year period must not 

exceed the ozone standard. Based on an 

ozone data rounding convention 

described in 40 CFR part 50, appendix 

I, the eight-hour ozone standard is 

attained if the area’s ozone design 

value 2 is 0.084 ppm or less. The data 

must be collected and quality-assured in 

accordance with 40 CFR part 58, and 

recorded in EPA’s Air Quality System 

(AQS). The ozone monitors generally 

should have remained at the same 

locations for the duration of the 

monitoring period required to 

demonstrate attainment (for three years 

or more). The data supporting 

attainment of the standard must be 

complete in accordance with 40 CFR 

part 50, appendix I. 

As part of the June 5, 2009, ozone 

redesignation request, IDEM 

summarized the annual fourth-high 

eight-hour ozone concentrations and the 

three-year eight-hour ozone design 

values for the period of 2003–2008 for 

all ozone monitoring sites in Lake and 

Porter Counties and in the ChicagoGary-Lake County, IL-IN ozone 

nonattainment area. This summary also 

includes ozone concentration data for 

the Chiwaukee Prairie monitoring site in 

Wisconsin. IDEM showed that the 2006– 

2008 ozone design values for all 

monitoring sites are below the 0.084 

ppm ozone attainment level. IDEM has 

certified that all ozone data for the 

Indiana Counties covered by the ozone 

redesignation request have been qualityassured and submitted to EPA’s AQS. 

Note that Illinois and Wisconsin have 

also certified their ozone data through 

2008. We have already addressed these 

data in a September 24, 2009 (74 FR 

48703) proposed finding that the 

Chicago-Gary-Lake County, IL-IN ozone 

nonattainment area is attaining the 1997 

eight-hour ozone standard based on the 

2006–2008 ozone data, and the data that 

show the area continued attaining up to 

the date of our proposed determination. 

As noted above, we received no 

comments on this proposed finding. The 

final rule addressing this finding of 

attainment, along with approval of 

Indiana’s request for a waiver from the 

requirement for NOX RACT in Lake and 

Porter Counties, is covered in a separate 

rulemaking in today’s Federal Register. 

We also note that the Chicago-GaryLake County, IL-IN area continues to 

attain the 1997 eight-hour ozone 

standard based on 2007–2009 ozone 

data. Table 1 summarizes the annual 

fourth-high eight-hour ozone 

concentrations and three-year (2007– 

2009) averages of the annual fourth-high 

eight-hour ozone concentrations for all 

ozone monitoring sites in the ChicagoGary-Lake County, IL-IN area and for the 

Chiwaukee Prairie monitoring site. The 

2007–2009 monitoring data cover the 

most recent three years of qualityassured ozone monitoring data for this 

area. The data continue to show 

monitor-specific ozone design values 

that are well below the 0.084 ppm ozone 

attainment level. 

TABLE 1—ANNUAL FOURTH-HIGH DAILY MAXIMUM EIGHT-HOUR OZONE CONCENTRATIONS IN PARTS PER MILLION (PPM) 

AND THREE-YEAR AVERAGES

Monitoring site 2007 2008 2009 Three-year 

average 

Indiana Monitoring Sites 

Gary ................................................................................................................. 0.085 0.062 0.058 0.068 

Hammond ........................................................................................................ 0.077 0.068 0.065 0.070 

Ogden Dunes ................................................................................................... 0.084 0.069 0.067 0.073 

Valparaiso ........................................................................................................ 0.080 0.061 0.064 0.068 

Whiting ............................................................................................................. 0.088 0.062 0.062 0.071 

Illinois Monitoring Sites 

Alsip ................................................................................................................. 0.085 0.066 0.069 0.073 

Chicago-Cheltenham ....................................................................................... 0.082 0.066 0.065 0.071 

Chicago-Adams ............................................................................................... 0.084 0.058 0.076 0.073 

Chicago-Ellis Avenue ....................................................................................... 0.079 0.063 0.060 0.068 

Chicago-Ohio Street ........................................................................................ 0.075 0.063 0.062 0.067 

Chicago-Lawndale ........................................................................................... 0.080 0.066 0.067 0.071 

Chicago-Hurlbut Street .................................................................................... 0.079 0.063 0.064 0.069 

Lemont ............................................................................................................. 0.085 0.071 0.067 0.074 

Cicero ............................................................................................................... 0.068 0.060 0.067 0.065 

Northbrook ....................................................................................................... 0.076 0.063 0.069 0.069 


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TABLE 1—ANNUAL FOURTH-HIGH DAILY MAXIMUM EIGHT-HOUR OZONE CONCENTRATIONS IN PARTS PER MILLION (PPM) 

AND THREE-YEAR AVERAGES—Continued 

Monitoring site 2007 2008 2009 Three-year 

average 

Evanston .......................................................................................................... 0.080 0.058 0.064 0.067 

Lisle .................................................................................................................. 0.072 0.057 0.059 0.063 

Elgin ................................................................................................................. 0.075 0.061 0.068 0.068 

Waukegan ........................................................................................................ 0.081 0.061 0.057 0.066 

Illinois Beach State Park ................................................................................. 0.080 0.067 0.075 0.074 

Cary ................................................................................................................. 0.074 0.063 0.066 0.068 

Essex Road ..................................................................................................... 0.071 0.057 0.063 0.064 

Wisconsin Monitoring Site 

Chiwaukee Prairie ............................................................................................ 0.085 0.069 0.071 0.075 

Indiana commits to continue ozone 

monitoring at the Indiana monitoring 

sites addressed in the ozone 

redesignation request. Indiana will 

consult with EPA prior to making any 

changes in the existing ozone 

monitoring network, should changes 

become necessary in the future. 

B. Have Lake and Porter Counties and 

the State of Indiana Met All 

Requirements of Section 110 and Part D 

of the CAA Applicable for Purposes of 

Redesignation, and Do Lake and Porter 

Counties Have a Fully Approved SIP 

Under Section 110(k) of the CAA for 

Purposes of Redesignation to 

Attainment? 

In April 2004, Lake and Porter 

Counties were designated as moderate 

nonattainment for the 1997 eight-hour 

ozone NAAQS, with a June 15, 2010, 

attainment deadline. Prior to this, Lake 

and Porter Counties had been 

designated as severe nonattainment for 

the one-hour ozone NAAQS, with a 

November 15, 2007, attainment 

deadline. As a result of these 

nonattainment designations, the State of 

Indiana was required to submit SIP 

revisions that meet the ozone standard 

attainment requirements of the CAA. 

The September 4, 1992, Calcagni 

memorandum describes EPA’s 

interpretation of section 107(d)(3)(E) of 

the CAA. Under this interpretation, a 

state with an area seeking redesignation 

to attainment must meet SIP 

requirements that come due prior to the 

state’s submittal of a complete 

redesignation request. See also 60 FR 

12459, 12465–66 (March 7, 1995) 

(redesignation of Detroit-Ann Arbor, 

Michigan); 68 FR 25424, 25427 (May 12, 

2003) (redesignation of St. Louis); Sierra 

Club v. EPA, 375 F.3d 537, 541 (7th Cir. 

2004); and 70 FR 19895, 19900 (April 

15, 2005) (redesignation of Cincinnati). 

Furthermore, requirements of the CAA 

that come due subsequent to the state’s 

submittal of a complete redesignation 

request continue to be applicable to the 

area until redesignation to attainment is 

approved, but are not required as a 

prerequisite for redesignation (see 

section 175A(c) of the CAA). If the 

redesignation is disapproved or is not 

finalized due to a violation of the 

standard in the nonattainment area prior 

to final rulemaking approving the 

redesignation, the state remains 

obligated to fulfill these requirements. 

We are proposing to determine that 

Lake and Porter Counties and the State 

of Indiana have met all SIP 

requirements currently applicable for 

this area for purposes of redesignation 

under section 110 and part D of title I 

of the CAA. 

As part of the June 5, 2009, submittal, 

IDEM included draft VOC RACT rules to 

cover Control Techniques Guidelines 

(CTGs) published by EPA in 2006, 2007, 

and 2008. Along with the draft RACT 

rules, IDEM also submitted a negative 

source declaration for the VOC source 

category of Fiberglass Boat 

Manufacturing Materials. On September 

4, 2009, IDEM submitted final, adopted 

VOC RACT rules. On October 16, 2009 

(74 FR 53193), EPA proposed to approve 

these VOC RACT rules and negative 

source declaration, noting that, with the 

approval of these VOC RACT rules and 

negative source declaration, Indiana’s 

SIP would meet the CAA requirement 

for VOC RACT. See section 

107(d)(3)(E)(v) of the CAA. On February 

24, 2010 (40 FR 8246), EPA published 

the final rule approving the VOC RACT 

rules and the negative source 

declaration. 

As discussed further below, EPA is 

proposing in this rulemaking to approve 

Indiana’s 2002 VOC and NOX emission 

inventories as a revision of the Indiana 

SIP. See section 107(d)(3)(E)(ii) of the 

CAA. 

Finally, as part of the June 5, 2009, 

submittal, IDEM requested a waiver of 

NOX RACT requirements under section 

182(f) of the CAA based on the 

monitoring of attainment of the 1997 

eight-hour ozone standard in the 

Chicago-Gary-Lake County, IL-IN area. 

On September 24, 2009 (74 FR 48703), 

we proposed to determine that the area 

has attained the 1997 eight-hour ozone 

standard and to approve Indiana’s NOX

RACT waiver request. On the same date, 

September 24, 2009 (74 FR 48662), 

through an interim final rule, we also 

made a finding that Indiana has 

complied with the NOX RACT 

requirement of section 182(f) of the CAA 

through the proposed NOX RACT 

waiver, contingent on monitoring 

showing continued attainment of the 

1997 eight-hour ozone standard in the 

Chicago-Gary-Lake County, IL-IN area. 

No comments were received on either of 

these rulemakings. In a separate 

rulemaking in today’s Federal Register, 

we are approving Indiana’s requested 

NOX RACT waiver for Lake and Porter 

Counties, as well as finalizing the 

determination of attainment of the 1997 

eight-hour ozone standard. 

We believe that all other SIP 

requirements applicable for purposes of 

redesignation are addressed and 

approved in the Indiana SIP. In making 

these determinations, we reviewed the 

CAA SIP requirements applicable to 

Lake and Porter Counties for purposes 

of redesignation, and concluded that the 

applicable portions of the SIP meeting 

these requirements are fully approved 

under section 110(k) of the CAA. 

1. Lake and Porter Counties Have Met 

All Applicable Requirements of Section 

110 and Part D of the CAA 

a. Section 110: General Requirements 

for Implementation Plans 

Section 110(a)(2) of the CAA lists the 

elements to be included in each SIP 

after adoption by the state and 

reasonable notice and public hearing. 

The SIP elements include, but are not 

limited to: (a) Provisions for 

establishment and operation of 


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3On October 27, 1998 (63 FR 57356), EPA issued 

a NOX SIP Call requiring the District of Columbia 

and 22 states to reduce emissions of NOX in order 

to reduce the transport of ozone and ozone 

precursors. In compliance with EPA’s NOX SIP Call, 

IDEM developed rules governing the control of NOX

emissions from Electric Generating Units (EGUs), 

major non-EGU industrial boilers, turbines, major 

cement kilns, and internal combustion engines. 

EPA approved Indiana’s rules as fulfilling 

requirements of Phase I of the NOX SIP Call on 

November 8, 2001 (66 FR 56465) and December 11, 

2003 (68 FR 69025), and of Phase II of the NOX SIP 

Call on October 1, 2007 (72 FR 55664). 

appropriate devices, methods, systems, 

and procedures necessary to monitor 

ambient air quality; (b) implementation 

of a source permit program; (c) 

provisions for part C Prevention of 

Significant Deterioration (PSD) and part 

D NSR permit programs; (d) criteria for 

stationary source emission control 

measures, monitoring, and reporting; (e) 

provisions for air quality modeling; and, 

(f) provisions for public and local 

agency participation in planning and 

emission control rule development. 

Section 110(a)(2)(D) of the CAA 

requires SIPs to contain certain 

measures to prevent sources in the state 

from significantly contributing to air 

quality problems in another state. To 

implement this provision, EPA has 

required certain states to establish 

programs to address transport of certain 

air pollutants (NOX SIP Call 3 and CAIR 

(70 FR 25162)). However, the section 

110(a)(2)(D) SIP requirements are not 

linked with a particular area’s 

attainment/nonattainment designation. 

EPA believes that the SIP requirements 

linked with a particular area’s air 

quality designation are the relevant 

measures to evaluate when reviewing a 

redesignation request. The transport SIP 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any area within the 

state. Thus, we believe that these 

requirements are not applicable 

requirements for purposes of 

redesignation. 65 FR 37890 (June 19, 

2000), 66 FR 50399 (October 19, 2001), 

68 FR 25418, 25426–25427 (May 13, 

2003). 

Further, we believe that other section 

110 elements described above that are 

not connected with nonattainment plan 

submissions and that are not linked 

with an area’s attainment status are also 

not applicable requirements for 

purposes of redesignation. A state 

remains subject to these requirements 

regardless of an area’s designation and 

after an area is redesignated to 

attainment. We conclude that only the 

section 110 (and part D) requirements 

that are linked with an area’s 

designation and classification are the 

relevant measures for evaluating this 

aspect of a redesignation request. This 

approach is consistent with EPA’s 

policy on applicability of conformity 

and oxygenated fuels requirements for 

redesignation purposes, as well as with 

section 184 ozone transport control 

requirements. See: Reading, 

Pennsylvania proposed and final 

rulemakings (61 FR 53174–53176, 

October 10, 1996 and 62 FR 24826, May 

7, 1997); Cleveland-Akron-Loraine, 

Ohio final rulemaking (61 FR 20458, 

May 7, 1996); and Tampa, Florida final 

rulemaking (60 FR 62748, December 7, 

1995). See also the discussion on this 

issue in the Cincinnati, Ohio ozone 

redesignation (65 FR 37890, June 19, 

2000), and the Pittsburgh, Pennsylvania 

ozone redesignation (66 FR 50399, 

October 19, 2001). 

We have reviewed Indiana’s SIP and 

believe that it meets the general SIP 

requirements under section 110 of the 

CAA for purposes of redesignation. EPA 

has previously approved provisions of 

the Indiana SIP addressing section 110 

elements under the one-hour ozone 

standard (40 CFR 52.773). In addition, 

the State has submitted a letter dated 

December 7, 2007, setting forth its belief 

that the section 110 SIP approved for 

the one-hour ozone NAAQS is also 

sufficient to meet the requirements 

under the 1997 eight-hour ozone 

NAAQS. EPA has not yet acted on this 

submission, but believes that approval 

is not necessary for purposes of 

redesignation, as discussed above. We 

thus propose to find that the State of 

Indiana has met all section 110 

requirements relevant to the State’s 

eight-hour ozone redesignation request. 

b. Part D Requirements Under the 1997 

Eight-Hour Ozone Standard 

EPA is proposing that the Indiana SIP 

meets the SIP requirements applicable 

for purposes of redesignation under part 

D of title I of the CAA for Lake and 

Porter Counties. Under part D of title I 

of the CAA, an area’s ozone 

nonattainment classification determines 

the SIP requirements to which it will be 

subject. Subpart 1 of part D, found in 

sections 172–176 of the CAA, sets forth 

the basic nonattainment requirements 

applicable to all nonattainment areas. 

Subpart 2 of part D, which includes 

section 182 of the CAA, establishes 

additional requirements depending on 

the area’s ozone nonattainment 

classification. 

Lake and Porter Counties were 

classified as moderate nonattainment for 

the 1997 eight-hour ozone NAAQS and 

were included in the Chicago-Gary-Lake 

County, IL-IN ozone nonattainment area 

under subpart 2 of part D. Therefore, 

Indiana must meet the requirements of 

subparts 1 and 2 of part D applicable for 

purposes of redesignation. The 

applicable subpart 1 requirements are 

contained in sections 172(c)(1)–(7), 

172(c)(9), and 176 of the CAA. The 

subpart 2 requirements applicable to 

Lake and Porter Counties are contained 

in sections 182(a)–(b) (requirements 

applicable to moderate ozone 

nonattainment areas) of the CAA. 

c. Subpart 1 Section 172 Requirements 

A thorough discussion of the 

requirements contained in section 172 

can be found in the General Preamble 

(57 FR 13498, April 16, 1992). 

Section 172(c)(1) requires the state 

plans for all nonattainment areas to 

provide for the implementation of all 

Reasonably Available Control Measures 

(RACM), including RACT at a 

minimum, as expeditiously as 

practicable. EPA interprets this 

requirement to impose a duty on all 

nonattainment areas and their states to 

consider all available control measures 

and to adopt and implement such 

measures as are reasonably available for 

implementation in the areas as 

components of the areas’ attainment 

demonstrations (the attainment 

demonstrations must address RACM) 

and SIPs. Note also that RACT 

requirements are classificationdependent, and, as such, are addressed 

as part of the subpart 2 requirements 

discussed below. 

Because attainment of the 1997 eighthour ozone NAAQS has been reached in 

Lake and Porter Counties and in the 

Chicago-Gary-Lake County, IL-IN area, 

no additional RACM measures, beyond 

RACT, are needed to provide for 

attainment. No attainment 

demonstration is needed as a 

prerequisite for redesignation to 

attainment, and, therefore, the SIP does 

not need to address RACM as a 

prerequisite for approval of the State’s 

redesignation request. 57 FR 13498, 

13564 (April 16, 1992), 40 CFR 51.918. 

Section 172(c)(2) requires plans for all 

nonattainment areas to provide for RFP 

toward attainment of the NAAQS. This 

requirement, as well as contingency 

measures under section 172(c)(9), is not 

relevant to Lake and Porter Counties 

because the Chicago-Gary-Lake County, 

IL-IN area has monitored attainment of 

the 1997 eight-hour ozone NAAQS. 

General Preamble, 57 FR 13564. In 

addition, pursuant to EPA’s 

determination of attainment for the 

Chicago-Gary-Lake County, IL-IN area, 

the requirement for RFP under section 

172(c)(2), as well as the section 172(c)(9) 

contingency measure requirement, is 

suspended pursuant to 40 CFR 51.918. 


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4PSD requirements control the growth of new 

source emissions in areas designated as attainment 

for a NAAQS. 

Section 172(c)(3) requires submission 

and EPA approval of a comprehensive, 

accurate, and current inventory of actual 

emissions. This requirement is 

superseded by the emission inventory 

requirement in section 182(a)(1) of the 

CAA. The 2002 VOC and NOX emission 

inventories for Lake and Porter Counties 

are further discussed below. 

Section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

modified stationary sources allowed in 

a nonattainment area, and section 

172(c)(5) requires source permits for the 

construction and operation of new and 

modified major stationary sources in the 

nonattainment area (NSR requirements). 

EPA has determined that, since PSD 

requirements 4 will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a NSR program be approved prior 

to redesignation, provided that states 

demonstrate maintenance of the 

NAAQS in the areas without 

implementation of part D NSR. A more 

detailed rationale for this view is 

described in a memorandum from Mary 

Nichols, Assistant Administrator for Air 

and Radiation, dated October 14, 1994, 

titled ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ Indiana 

has demonstrated that Lake and Porter 

Counties will be able to maintain the 

1997 eight-hour ozone standard without 

the continued implementation of part D 

NSR. Therefore, EPA concludes that the 

State need not have a fully approved 

part D NSR program as an applicable 

requirement for approval of the State’s 

ozone redesignation request. The State’s 

PSD program will become effective in 

Lake and Porter Counties upon 

redesignation to attainment. See 

redesignation rulemakings for Detroit, 

Michigan (60 FR 12467–12468, March 7, 

1995); Cleveland-Akron-Lorain, Ohio 

(61 FR 20458, 20469–20470, May 7, 

1996); Louisville, Kentucky (66 FR 

53665, October 23, 2001); and, Grand 

Rapids, Michigan (61 FR 31834–31837, 

June 21, 1996). Nonetheless, and as 

discussed further below, we note that, 

in any event, Indiana has a NSR 

program that EPA has approved as part 

of the Indiana SIP. 

Section 172(c)(6) requires the SIP to 

contain control measures necessary to 

provide for attainment of the standard. 

Because attainment has been reached in 

the Chicago-Gary-Lake County, IL-IN 

area, no additional control measures are 

needed to provide for attainment of the 

ozone NAAQS. This does not relieve the 

State from compliance with CAA 

requirements for certain minimum 

emission control measures applicable to 

Lake and Porter Counties as discussed 

below. 

Section 172(c)(7) requires the SIP to 

meet the applicable provisions of 

section 110(a)(2). As noted above, we 

believe the Indiana SIP meets the 

applicable requirements of section 

110(a)(2). 

d. Section 176 Conformity 

Requirements 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that Federallysupported or funded activities, 

including highway projects, conform to 

the air quality planning goals of the 

SIPs. The requirement to determine 

conformity applies to transportation 

plans, programs, and projects 

developed, funded, or approved under 

Title 23 of the U.S. Code and the 

Federal Transit Act (transportation 

conformity) as well as to all other 

Federally-supported or funded projects 

(general conformity). State conformity 

SIP revisions must be consistent with 

Federal conformity regulations relating 

to consultation, enforcement, and 

enforceability, which EPA promulgated 

pursuant to CAA requirements. 

EPA believes that it is reasonable to 

interpret the conformity SIP 

requirements as not applying for 

purposes of evaluating the redesignation 

request under section 107(d) for two 

reasons. First, the requirement to submit 

SIP revisions to comply with the 

conformity provisions of the CAA 

continues to apply to areas after 

redesignation to attainment since such 

areas would be subject to a section 175A 

maintenance plan. Second, EPA’s 

Federal conformity rules require the 

performance of conformity analyses in 

the absence of Federally-approved state 

rules. Therefore, because areas are 

subject to the conformity requirements 

regardless of whether they are 

redesignated to attainment and, because 

they must implement conformity under 

Federal rules if state rules are not yet 

approved, EPA believes it is reasonable 

to view these requirements as not 

applying for purposes of evaluating a 

redesignation request. See Wall v. EPA, 

265 F.3d 426 (6th Cir. 2001), upholding 

this interpretation. See also 60 FR 

62748, 62749–62750 (December 7, 1995) 

(Tampa, Florida). 

e. Subpart 2 Section 182(a) 

Requirements 

As set forth in the September 4, 1992, 

and September 17, 1993, EPA guidance 

memoranda, only those CAA/EPA 

requirements which come due prior to 

Indiana’s submittal of a complete 

redesignation request for Lake and 

Porter Counties must be fully approved 

into the SIP by the time EPA approves 

the redesignation of Lake and Porter 

Counties to attainment. The section 

182(a) requirements are discussed 

below. 

Section 182(a)(1) requires the 

submission of a comprehensive, 

accurate, current emissions inventory as 

a revision of the SIP. As part of 

Indiana’s redesignation request, the 

State submitted 2002 VOC and NOX

emission inventories for Lake and Porter 

Counties. As noted later in this 

proposed rule, EPA is proposing to 

approve the 2002 emission inventories 

as meeting the section 182(a)(1) 

emission inventory requirement. 

Section 182(a)(2)(C) requires states to 

adopt a NSR permit program and to 

correct the existing NSR permit 

programs to meet EPA NSR guidelines 

issued prior to 1990. EPA approved 

Indiana’s NSR permit program, 

including the requirements in sections 

182(c)(6), (c)(7) and (c)(8), and the new 

source offset requirements in section 

182(d)(2), in rulemakings on October 7, 

1994 (59 FR 51108), August 18, 1995 (60 

FR 43008), and July 21, 1997 (62 FR 

38919). Therefore, Indiana has met the 

NSR requirements of section 

182(a)(2)(C). Moreover, as noted above, 

we believe that this is not an applicable 

requirement for purposes of evaluating 

a redesignation request, for the reasons 

set forth there. 

Section 182(a)(3)(B) requires a state to 

adopt provisions in the SIP to require 

the owners or operators of stationary 

sources of VOC or NOX to provide the 

state with annual statements of actual 

emissions from the sources. EPA 

approved Indiana’s emission statement 

SIP revisions for Lake and Porter 

Counties through rulemakings on 

August 9, 1994 (59 FR 29956), and 

October 29, 2004 (69 FR 63069). Indiana 

revised its State rule for emission 

statements under the 1997 eight-hour 

ozone standard, and we approved this 

rule on March 29, 2007 (72 FR 14678). 

All other SIP requirements of section 

182(a) have been superseded by CAA 

requirements specific to moderate ozone 

nonattainment areas (addressed below) 

or were covered in Indiana’s SIP to meet 

requirements for the one-hour ozone 

standard (also addressed below) and 

remain in effect as required under EPA’s 

anti-backsliding policies and as 

committed to by the State. 


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5States are required to have adopted RACT rules 

and EPA must have approved those RACT rules for 

source categories with CTGs published one or more 

years prior to the State’s submittal of a complete 

ozone redesignation request. The submittal of RACT 

rules for a source category covered by a CTG is due 

one year after the publication of the CTG. In 

keeping with the September 4, 1992, and September 

17, 1993, EPA guidance memoranda, only those 

RACT rules which came due prior to Indiana’s 

submittal of the final request to redesignate Lake 

and Porter Counties (i.e., prior to June 5, 2009) must 

be fully approved into the SIP before or at the time 

EPA approves the redesignation of the area to 

attainment. 

f. Subpart 2 Section 182(b) 

Requirements 

As in the case of the section 182(a) 

requirements, as a condition for 

approval of the ozone redesignation 

request, Indiana was required only to 

have adopted those SIP provisions 

under section 182(b) of the CAA that 

came due prior to the State’s submittal 

of the complete redesignation request. 

The applicable requirements of section 

182(b) are addressed below. 

Section 182(b)(1)(A) establishes a 

Rate-Of-Progress (ROP)/RFP 

requirement for ozone nonattainment 

areas. 

We proposed, on September 24, 2009 

(74 FR 48703), to find that the ChicagoGary-Lake County, IL-IN area has 

attained the 1997 eight-hour ozone 

standard. As noted above, in a separate 

rulemaking in today’s Federal Register, 

we are finalizing this finding of 

attainment for the Chicago-Gary-Lake 

County, IL-IN area. This determination 

results in a suspension of the 

requirements under section 182(b)(1)(A) 

for additional RFP VOC and NOX

emission reductions in this area. In 

addition, as set forth above, in 

accordance with the General Preamble, 

in the context of a redesignation request, 

where an area is attaining the standard, 

requirements for RFP have no meaning. 

Although Indiana submitted a RFP plan 

as part of the June 5, 2009, submittal to 

demonstrate progress toward attainment 

of the 1997 eight-hour ozone standard, 

EPA need not approve this plan as a 

condition for approval of the State’s 

ozone redesignation request. 

Section 182(b)(2) requires that the SIP 

include rules requiring the 

implementation of RACT for all VOC 

source categories covered by CTGs 

published prior to the date of 

attainment 5 and for all major non-CTG 

VOC sources. Indiana has adopted and 

submitted VOC RACT rules and 

negative source declarations to cover all 

applicable CTGs, and major non-CTG 

sources. In a final rulemaking published 

on February 24, 2010 (40 FR 8246), and 

covering Indiana’s latest submittals of 

VOC RACT rules, we conclude that 

Indiana has complied with all 

applicable VOC RACT requirements. 

Section 182(b)(3) requires the SIP to 

provide for the installation and 

operation of gasoline vapor control 

systems for the refueling of vehicles at 

gasoline service stations (Stage II 

gasoline vapor recovery). On November 

3, 1999 (64 FR 59642), EPA approved 

Indiana’s Stage II gasoline vapor 

recovery program as required by section 

182(b)(3) for Lake and Porter Counties, 

as well as for other areas in Indiana. 

Section 182(b)(4) requires the SIP to 

provide for vehicle Inspection and 

Maintenance (I/M) in moderate and 

above ozone nonattainment areas. 

Through rulemakings on March 19, 

1996 (61 FR 11142), and September 27, 

2001 (66 FR 49297), EPA fully approved 

Indiana’s vehicle I/M program. 

Therefore, Lake and Porter Counties 

meet the vehicle I/M requirement of 

section 182(b)(4). 

g. Subpart 2 Section 182(f) 

Requirements 

Section 182(f)(1) generally requires 

major sources of NOX to be covered by 

the same plan provisions as required for 

major sources of VOC. Since moderate 

ozone nonattainment areas are required 

to be covered by RACT rules for major 

sources of VOC, these ozone 

nonattainment areas are also required to 

have NOX RACT rules. Section 182(f)(1), 

however, also provides that the 

requirement for such NOX emission 

controls does not apply in an area if the 

Administrator determines that net air 

quality benefits are greater in the 

absence of the reduction of the NOX

emissions. The NOX emission control 

requirement would also not apply if the 

Administrator determines that 

additional reductions of NOX emissions 

would not contribute to attainment of 

the ozone NAAQS. 

In its June 5, 2009, submittal, IDEM 

requested a waiver from the NOX RACT 

requirement based on the fact that the 

1997 eight-hour ozone standard has 

been attained in the Chicago-Gary-Lake 

County, IL-IN area and additional NOX

emission reductions in Lake and Porter 

Counties are not needed to attain the 

1997 eight-hour ozone standard in that 

area. On September 24, 2009 (74 FR 

48703), we proposed to approve 

Indiana’s NOX RACT waiver request 

based on a finding that the ChicagoGary-Lake County, IL-IN area has 

attained the 1997 eight-hour ozone 

standard without the implementation of 

NOX RACT regulations in Lake and 

Porter Counties. In addition, on 

September 24, 2009 (74 FR 48662), 

through an interim final rule, we made 

a finding that Indiana has met the 

section 182(f) requirement for NOX

RACT in Lake and Porter Counties 

through the proposed NOX RACT 

waiver, contingent on continued 

attainment of the 1997 eight-hour ozone 

standard in the Chicago-Gary-Lake 

County, IL-IN area. We requested but 

received no comments on both of these 

rulemakings. 

In a separate rulemaking in today’s 

Federal Register, we are finalizing our 

approval of Indiana’s requested NOX

RACT waiver. This NOX RACT waiver 

is contingent upon continued monitored 

attainment of the 1997 eight-hour ozone 

standard in the Chicago-Gary-Lake 

County, IL-IN area. If and when we 

finalize the approval of the 

redesignation of Lake and Porter 

Counties to attainment of the 1997 

eight-hour ozone standard, the NOX

RACT waiver for Lake and Porter 

Counties will become permanent. 

2. Lake and Porter Counties Have a 

Fully Approved SIP for Purposes of 

Redesignation Under Section 110(k) of 

the CAA 

EPA has fully approved the Indiana 

SIP for Lake and Porter Counties under 

section 110(k) of the CAA for all 

requirements applicable for purposes of 

redesignation. EPA may rely on prior 

SIP approvals in approving a 

redesignation request (See the 

September 4, 1992, John Calcagni 

memorandum, page 3, Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–990 (6th 

Cir. 1998), and Wall v. EPA, 265 F.3d 

426 (6th Cir. 2001)) plus any additional 

measures it may approve in conjunction 

with a redesignation action. See 68 FR 

25413, 25426 (May 12, 2003). Since the 

passage of the CAA in 1970, Indiana has 

adopted and submitted, and EPA has 

fully approved, provisions addressing 

the various required SIP elements 

applicable to Lake and Porter Counties 

under the one-hour ozone standard as 

noted below. 

3. Lake and Porter Counties Have a 

Fully Approved SIP and Meet AntiBacksliding Requirements Under the 

One-Hour Ozone Standard 

The anti-backsliding provisions at 40 

CFR 51.905(a)(1) prescribe one-hour 

ozone NAAQS requirements that 

continue to apply after revocation of the 

one-hour ozone NAAQS for former onehour ozone nonattainment areas. 40 CFR 

51.905(a)(1) provides that: 

The area remains subject to the obligations 

to adopt and implement the applicable 

requirements defined in 40 CFR 51.900(f), 

except as provided in paragraph (a)(1)(iii) of 

this section and except as provided in 

paragraph (b) of this section. 


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40 CFR 51.900(f), as amended by 70 FR 

30592, 30604 (May 26, 2005), provides 

that: 

Applicable requirements means that for an 

area that the following requirements, to the 

extent such requirements applied to the area 

for the area’s classification under section 

181(a)(1) of the CAA for the one-hour 

NAAQS at the time of designation for the 

eight-hour NAAQS, remain in effect: 

(1) Reasonably available control technology 

(RACT). 

(2) Inspection and maintenance programs 

(I/M). 

(3) Major source applicability cut-offs for 

purposes of RACT. 

(4) Rate of Progress (ROP) reductions. 

(5) Stage II vapor recovery. 

(6) Clean fuels fleet program under section 

182(c)(4) of the CAA. 

(7) Clean fuels for boilers under section 

182(e)(3) of the CAA. 

(8) Transportation Control Measures 

(TCMs) during heavy traffic hours as 

provided under section 182(e)(4) of the CAA. 

(9) Enhanced (ambient) monitoring under 

section 182(c)(1) of the CAA. 

(10) TCMs under section 182(c)(5) of the 

CAA. 

(11) Vehicle Miles Travelled (VMT) 

provisions of section 182(d)(1) of the CAA. 

(12) NOX requirements under section 182(f) 

of the CAA. 

(13) Attainment demonstration or 

alternative as provided under 40 CFR 

51.905(a)(1)(ii). 

In addition to applicable requirements 

listed under 40 CFR 51.900(f) and as 

discussed above, the State must also 

comply with the one-hour antibacksliding requirements discussed in 

the Court’s decisions in South Coast Air 

Quality Management Dist. v. EPA: (1) 

NSR requirements based on the area’s 

one-hour ozone nonattainment 

classification; (2) section 185 source 

penalty fees; (3) contingency measures 

to be implemented pursuant to section 

172(c)(9) or 182(c)(9) of the CAA for 

areas not making reasonable further 

progress toward attainment of the onehour ozone NAAQS, or for failure to 

attain the NAAQS; and, (4) 

transportation conformity requirements 

for certain types of Federal actions. 

Pursuant to 40 CFR 51.905(c), the area 

is subject to the obligations set forth in 

40 CFR 51.905(a) and 40 CFR 51.900(f). 

The following paragraphs address the 

one-hour ozone SIP requirements 

applicable to Lake and Porter Counties 

pursuant to these anti-backsliding 

requirements and those discussed in the 

Court’s decision in South Coast Air 

Quality Management Dist. v. EPA. Note 

that the State commits to continue to 

comply with these requirements unless 

revised through SIP revisions approved 

by EPA. 

Prior to the revocation of the one-hour 

ozone standard on June 15, 2005, the 

Chicago-Gary-Lake County, IL-IN area 

was classified as a severe nonattainment 

area for the one-hour ozone standard 

with a compliance date of November 15, 

2007. Lake and Porter Counties, as part 

of the Chicago-Gary-Lake County, IL-IN 

area, were subject to ozone SIP 

requirements for severe one-hour ozone 

nonattainment areas pursuant to 

sections 182(a) through 182(d) of the 

CAA. In reviewing the State of Indiana’s 

ozone redesignation request for Lake 

and Porter Counties, we assessed 

whether the area satisfied the CAA 

requirements under the one-hour ozone 

standard. We conclude that Lake and 

Porter Counties and the State of Indiana 

have satisfied all anti-backsliding CAA 

requirements applicable to a severe onehour ozone nonattainment area. The 

following discusses how the applicable 

CAA requirements have been met in 

Lake and Porter Counties. 

40 CFR 51.900(f)(1) RACT 

Section 182(a)(2)(A) of the CAA 

requires RACT corrections. Section 

182(b)(2) requires RACT for each 

category of VOC sources covered by a 

CTG and for all other major sources of 

VOC within an ozone nonattainment 

area. Section 182(d) specifies 

requirements for severe ozone 

nonattainment areas, including a major 

source emissions cut-off of 25 tons per 

year. Section 182(f) requires major 

sources of NOX in an ozone 

nonattainment area to be covered by the 

same emission control requirements as 

applicable to major sources of VOC, 

unless EPA waives the NOX emission 

control requirements as provided in 

section 182(f). The section 182(f) NOX

emission control requirements includes 

NOX RACT in ozone nonattainment 

areas required to implement VOC 

RACT, in one-hour ozone 

nonattainment areas classified as 

moderate or above. 

Under the one-hour ozone standard, 

EPA fully approved Indiana’s VOC 

RACT regulations as SIP revisions for 

CTG sources and for major non-CTG 

sources through rulemakings on the 

following dates: March 6, 1992 (57 FR 

8082); May 4, 1995 (60 FR 22240); July 

5, 1995 (60 FR 34856); January 17, 1997 

(62 FR 2591 and 62 FR 2593); October 

30, 1996 (61 FR 55889); June 29, 1998 

(63 FR 35141); and, June 8, 2000 (65 FR 

36343). On January 26, 1996 (61 FR 

2428), EPA approved a NOX emission 

control waiver requested by the State of 

Indiana under section 182(f) of the CAA, 

exempting Lake and Porter Counties 

from the NOX RACT requirements of 

section 182(f) as it applied for the onehour ozone NAAQS. We conclude that 

Lake and Porter Counties and the State 

of Indiana meet all RACT requirements 

under the one-hour ozone standard. 

40 CFR 51.900(f)(2) Vehicle I/M 

Through rulemakings on March 19, 

1996 (61 FR 11142) and September 27, 

2001 (66 FR 49297), EPA fully approved 

Indiana’s vehicle I/M program as 

meeting the enhanced I/M requirements 

of section 182(c)(3) of the CAA. 

Therefore, Lake and Porter Counties 

meet the I/M requirements for severe 

one-hour ozone nonattainment areas. 

40 CFR 51.900(f)(3) Major Source CutOff for RACT 

We have determined that Indiana’s 

VOC RACT rules for CTG sources 

covered source size cut-offs that are well 

below CTG-recommended major source 

cut-off for severe ozone nonattainment 

areas. In addition, Indiana’s major nonCTG source RACT rule covers all 

sources with the potential to emit VOC 

at or in excess 25 tons per year. 

Therefore, Indiana’s RACT rules meet 

the major source size cut-off 

requirement of section 182(d) of the 

CAA, and Indiana and Lake and Porter 

Counties meet this CAA requirement. 

40 CFR 51.900(f)(4) ROP 

Sections 182(b)(1)(A) and 182(c)(2)(B) 

of the CAA establish the ROP 

requirements for ozone nonattainment 

areas. EPA has fully approved Indiana’s 

SIP revisions that demonstrate that 

Indiana would achieve ROP in Lake and 

Porter Counties. On July 18, 1997 (62 FR 

38457), EPA approved Indiana’s plan to 

achieve a 15 percent reduction in VOC 

emissions in Lake and Porter Counties, 

as required in section 182(b) of the 

CAA. On January 26, 2000 (65 FR 4126), 

EPA approved Indiana’s plan to achieve 

ROP between 1996 and 1999 in Lake 

and Porter Counties, meeting the ROP 

requirements of section 182(c) of the 

CAA. Finally, on November 13, 2001 (66 

FR 56944), EPA approved Indiana’s plan 

to achieve ROP emission reductions for 

the period of 1999 through 2007. 

Therefore, Indiana has met all one-hour 

ozone ROP requirements of Lake and 

Porter Counties. 

40 CFR 51.900(f)(5) Stage II Gasoline 

Vapor Recovery 

On November 3, 1999 (64 FR 59642), 

EPA approved Indiana’s Stage II 

gasoline vapor recovery rules for Lake 

and Porter Counties as required by 

section 182(b)(2) of the CAA. 

40 CFR 51.900(f)(6) Clean Fuel Fleet 

Program 

On March 21, 1996 (61 FR 11552), 

EPA approved Indiana’s clean fuel fleet 

program rules as required by section 


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6See 73 FR 79652 (December 30, 2008). 

7Nonetheless, Indiana’s NSR program has been 

approved into the Indiana SIP, as noted elsewhere 

in this proposed rule. 

182(c)(4) of the CAA. Therefore, the 

State of Indiana has met this CAA 

requirement under the one-hour ozone 

standard. 

40 CFR 51.900(f)(7) Clean Fuels for 

Boilers 

As noted above, section 182(e)(3) of 

the CAA does not apply to Lake and 

Porter Counties. This CAA requirement 

only applies to extreme ozone 

nonattainment areas. 

40 CFR 51.900(f)(8) TCMs During 

Heavy Traffic Hours 

This requirement applies to areas 

subject to section 182(e)(4) of the CAA. 

This CAA requirement only applies to 

extreme ozone nonattainment areas. 

40 CFR 51.900(f)(9) Enhanced 

Ambient Monitoring 

On March 16, 1994 (59 FR 12168), 

EPA fully approved Indiana’s SIP 

revision establishing an enhanced 

monitoring program in Lake and Porter 

Counties. Therefore, Indiana has 

complied with the enhanced monitoring 

requirement of section 182(c)(1) of the 

CAA. 

40 CFR 51.900(f)(10) Transportation 

Control Measures 

Within six months of November 15, 

1990, and every three years thereafter, 

section 182(c)(5) of the CAA requires 

states to submit a demonstration that 

current aggregate vehicle mileage, 

aggregate vehicle emissions, congestion 

levels, and other relevant traffic-related 

and vehicle emissions-related factors 

(collectively ‘‘relevant parameters’’) are 

consistent with those used for the area’s 

ozone attainment demonstration for 

serious and above one-hour ozone 

nonattainment areas. If the levels of 

relevant parameters that are projected in 

the attainment demonstration are 

exceeded, a state has 18 months to 

develop and submit a revision to the SIP 

to include TCMs to reduce mobile 

source emissions to levels consistent 

with the emission levels in the 

attainment demonstration. 

On April 30, 1998, Indiana submitted 

an ozone attainment demonstration 

based on a range of possible emission 

control measures reflecting various 

emission control alternatives and did 

not specify a single set of emission 

control measures that were judged to be 

adequate to achieve attainment of the 

one-hour ozone standard in the ChicagoGary-Lake County, IL-IN area. On 

December 16, 1999 (64 FR 70514), EPA 

proposed to conditionally approve the 

State’s one-hour ozone demonstration 

for Lake and Porter Counties. On 

December 21, 2000, Indiana submitted a 

SIP revision request consisting of a 

demonstration that the Chicago-GaryLake County, IL-IN area would attain 

the one-hour ozone standard by 

November 15, 2007, the statutory 

attainment deadline for the area. EPA 

approved this requested SIP revision on 

November 31, 2001 (66 FR 56944). EPA, 

therefore, concludes that Indiana has 

complied with section 182(c)(5) of the 

CAA, has no currently due section 

182(c)(5) obligations, and, by virtue of 

EPA’s approval of the one-hour ozone 

attainment demonstration, has never 

triggered an obligation under section 

182(c)(5) to include additional TCMs in 

the one-hour ozone SIP for Lake and 

Porter Counties. 

In addition, the section 182(c)(5) 

requirements are also included in those 

measures subject to EPA’s interpretation 

under EPA’s May 10, 1995, Clean Data 

Policy memorandum. EPA, therefore, 

concludes that, since Lake and Porter 

Counties are attaining the one-hour 

ozone standard,6 any requirement for 

submitting the section 182(c)(5) 

measures is suspended. See also 40 CFR 

51.918. 

40 CFR 51.900(f)(11) Vehicle Miles 

Travelled 

Section 182(d)(1)(A) of the CAA 

requires severe ozone nonattainment 

areas to offset the growth in emissions 

attributed to growth in VMT; to select 

and implement TCMs necessary to 

comply with the periodic emission 

reduction requirements of sections 

182(b) and (c); and, to consider TCMs 

specified in section 108(f) of the CAA, 

and implement TCMs as necessary to 

demonstrate attainment with the ozone 

standard. Through rulemakings on July 

28, 1995 (60 FR 38718) and August 3, 

2001 (66 FR 40829), EPA approved 

Indiana’s TCMs as meeting these 

requirements of the CAA. 

40 CFR 51.900(f)(12) NOX

Requirements Under Section 182(f) 

With respect to NOX requirements 

under section 182(f) of the CAA, as 

discussed above, EPA approved a NOX

emissions control waiver for Lake and 

Porter Counties for the one-hour ozone 

standard. See 61 FR 2428 (January 26, 

1996). In addition, we have approved 

Indiana’s NOX emission control 

regulations adopted in response to 

EPA’s NOX SIP call. See 66 FR 56465 

(November 8, 2001) and 68 FR 69025 

(December 11, 2003). 

40 CFR 51.900(f)(13) Ozone 

Attainment Demonstration 

On November 13, 2001 (66 FR 56944), 

EPA fully approved Indiana’s one-hour 

ozone attainment demonstration SIP 

revision for Lake and Porter Counties 

(demonstrating attainment of the onehour ozone standard in the entire 

Chicago-Gary-Lake County, IL-IN ozone 

nonattainment area). Therefore, Indiana 

has met the ozone attainment 

demonstration requirements of sections 

182(b)(1)(A) and 182(c)(2)(A) of the 

CAA for the one-hour ozone standard. 

New Source Review 

As discussed above, the Court’s 

decision in South Coast Air 

Management Dist. v. EPA preserved 

one-hour NSR as an anti-backsliding 

requirement. Section 182(a)(2)(C) of the 

CAA requires states to adopt a NSR 

permit program and to correct the 

existing NSR permit programs to meet 

EPA NSR guidelines issued prior to 

1990. EPA approved Indiana’s NSR 

permit program as meeting EPA’s 

guidelines and CAA NSR requirements 

for the one-hour ozone standard, 

including the requirements in sections 

182(c)(6), (c)(7) and (c)(8), and the 

source offset requirements in section 

182(d)(2), through rulemakings on the 

following dates: October 7, 1994 (59 FR 

51108); August 18, 1995 (60 FR 43008); 

and, July 21, 1997 (62 FR 38919). 

As noted elsewhere in this proposed 

rule, EPA believes that NSR is not an 

applicable requirement for purposes of 

evaluating an ozone redesignation 

request. EPA has determined that areas 

being redesignated to attainment need 

not have an approved nonattainment 

NSR program, provided that the area 

demonstrates maintenance of the 

standard without part D NSR in effect. 

The rationale for this view is described 

in a memorandum from Mary Nichols, 

Assistant Administrator for Air and 

Radiation dated October 14, 1994, titled, 

‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ If a state 

has demonstrated that an area will be 

able to maintain the standard without 

part D NSR in effect, the state need not 

have a fully approved part D NSR 

program prior to approval of a 

redesignation request for the area.7 The 

state’s PSD program will become 

effective in the area immediately upon 

redesignation to attainment. 

Consequently, EPA concludes that an 

approved NSR program is not an 

applicable requirement for purposes of 


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8CAA section 176(c)(4)(E) requires states to 

submit revisions to their SIPs to reflect certain 

Federal criteria and procedures for determining 

transportation conformity. Transportation 

conformity SIPs are different from MVEBs that are 

established in control strategy SIPs and 

maintenance plans. 

redesignation. See the more detailed 

explanations of this issue in the 

following rulemakings: Detroit, 

Michigan (60 FR 12467–12468 (March 7, 

1995); Cleveland-Akron-Lorain, Ohio 

(61 FR 20458, 20469–20470, May 7, 

1996); Louisville, Kentucky (66 FR 

53665, 53669, October 23, 2001); Grand 

Rapids, Michigan (61 FR 31831, 31836– 

31837, June 21, 1996). 

Section 185 Source Emission Penalty 

Fees 

On December 30, 2008 (73 FR 79652), 

EPA published a final rule finding that 

the Chicago-Gary-Lake County, IL-IN 

area has attained the one-hour ozone 

standard prior to its November 15, 2007 

attainment deadline. In this final rule, 

EPA concluded that the finding of 

attainment for the one-hour ozone 

standard relieved Indiana of the 

obligation to adopt section 185 source 

emission fee regulations for Lake and 

Porter Counties under the one-hour 

ozone standard. Thus, the section 185 

fee requirements no longer apply to 

Lake and Porter Counties and to the 

State of Indiana for these counties. 

Contingency Measures 

Sections 172(c)(9) and 182(c)(9) of the 

CAA require ozone control plans to 

contain measures to be implemented in 

the event that any milestone in the 

ozone control plan is missed. EPA 

approved Indiana’s contingency 

measures for attainment of the one-hour 

ozone standard in Lake and Porter 

Counties in our approval of the State’s 

one-hour ozone attainment plan. See 66 

FR 56944 (November 13, 2001). 

Transportation Conformity 

The transportation conformity portion 

of the Court’s ruling in South Coast Air 

Quality Management District v. EPA 

does not impact the redesignation 

request for Lake and Porter Counties 

because there are no transportation 

conformity requirements that are 

relevant to redesignation requests for 

any standard, including the requirement 

for a state to submit a transportation 

conformity SIP.8 Under longstanding 

EPA policy, EPA believes it is 

reasonable to interpret the conformity 

SIP requirements as not applying for 

purposes of evaluating a redesignation 

request under section 107(d) because 

state conformity rules are still required 

after redesignation and Federal 

conformity rules apply where state rules 

have not been approved. See 40 CFR 

51.390. Also see Wall v. EPA, 265 F.3d 

426 (6th Cir. 2001), upholding this 

interpretation, and 60 FR 62748 

(December 7, 1995) (Tampa, Florida 

ozone redesignation). 

Conclusions 

For the above reasons, EPA believes 

that Indiana has met all applicable part 

D SIP requirements for the one-hour 

ozone standard as addressed in the 

Court’s and EPA’s anti-backsliding 

requirements for the purposes of 

redesignation. It is again noted that the 

State of Indiana has committed to 

maintain the VOC and NOX emission 

controls already in place and included 

in Indiana’s ozone SIP, as approved by 

EPA. As noted later in this proposed 

rule, Indiana has committed to retain 

and implement all VOC and NOX

emission control measures under the 

one-hour ozone RFP and attainment 

plans for Lake and Porter Counties. EPA 

concludes that the anti-backsliding 

requirements have been met by Indiana 

for Lake and Porter Counties for the 

purposes of redesignation. 

C. Are the Air Quality Improvements in 

the Chicago-Gary-Lake County, IL-IN 

Area Due to Permanent and Enforceable 

Emission Reductions? 

EPA proposes to find that Indiana has 

demonstrated that the observed ozone 

air quality improvement in the ChicagoGary-Lake County, IL-IN area is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the SIP, Federal 

measures, and other State-adopted 

measures. 

In making this demonstration, the 

State presented several sets of data. 

First, the State analyzed the changes in 

VOC and NOX emissions in Lake and 

Porter Counties and statewide between 

the ozone standard violation years, 

2000, 2002, and 2004, and one of the 

years in the period during which the 

area attained the standard, 2006. 

Second, the State documented the VOC 

and NOX emission control measures that 

have been implemented in Lake and 

Porter Counties and statewide between 

2000 and the present. Finally, the State 

considered ozone modeling data that 

support the case that the 

implementation of emission controls in 

the Lake Michigan area, including in 

Indiana, have led to reductions in peak 

ozone levels and to attainment of the 

1997 eight-hour ozone standard in 

Northwestern Indiana. 

To assess the impact of emission 

control implementation, IDEM 

determined the VOC and NOX emission 

trends during the period of 1996 

through 2006. This included 

determining or projecting the VOC 

emissions for all even years in this time 

period, 1996, 1998, etc. During this 

period, IDEM determined that the Lake 

and Porter Counties’ VOC and NOX

emissions peaked in 1998 or 2000 and 

declined to significantly lower levels by 

2006 (an attainment year). The 

reduction in emissions and the 

corresponding improvement in ozone 

air quality over the assessed period can 

be attributed to the implementation of a 

number of emission control measures. 

The improvement in air quality can also 

be attributed to the implementation of 

emission control measures throughout 

Indiana and in upwind states. Air 

quality in Lake and Porter Counties is 

impacted by the transport of ozone and 

ozone precursors from upwind states. 

Therefore, local controls, as well as 

regional emission controls, have 

contributed to the ozone air quality 

improvement in Lake and Porter 

Counties and in the Chicago-Gary-Lake 

County, IL-IN area as a whole. 

1. Permanent and Enforceable Controls 

Implemented 

The following is a discussion of the 

permanent and enforceable emission 

controls that have been implemented in 

Lake and Porter Counties or in other 

upwind areas. In Indiana’s ozone 

redesignation request, the State 

documented all of the emission control 

rules or programs that have impacted 

VOC or NOX emissions during the 

period of 2000–2006. 

a. Reasonably Available Control 

Technology 

IDEM notes that a number of VOC 

RACT rules developed in prior years 

have continued to provide additional 

VOC emission reductions during the 

more recent years. With the exception of 

the source categories covered by the 

most recently published CTGs, Indiana 

has implemented VOC RACT rules for 

source categories covered by older (prior 

to 2006) CTGs and for major non-CTG 

sources in Lake and Porter Counties. All 

VOC RACT rules are contained in 

chapter 8 of volume 326 of the Indiana 

Administrative Code (326 IAC 8). All of 

these VOC RACT rules have been 

approved by EPA as revisions of the 

Indiana SIP. 

In addition to the implementation of 

RACT in Lake and Porter Counties, 

IDEM confirms that Best Available 

Control Technology (BACT) is required 

for all major new VOC sources 

throughout the State of Indiana. The 

rule requiring this BACT 


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implementation is contained in 326 IAC 

8–1–6. 

b. ROP Plans and Attainment 

Demonstration Plan 

IDEM states that Lake and Porter 

Counties have met all of the one-hour 

ozone SIP obligations, including 

implementation of the VOC emission 

control programs and rules needed to 

comply with Indiana’s one-hour ozone 

attainment demonstration for Lake and 

Porter Counties and implementation of 

all emission control measures contained 

in the various ROP plans applicable to 

Lake and Porter Counties. The emission 

controls included in the ROP plans are 

listed below. 

i. 1996 Fifteen Percent ROP Plan 

• Enhanced Vehicle Inspection and 

Maintenance, 326 IAC 13–1.1. 

• Gasoline Vapor Recovery, 326 IAC 

8–11–2. 

• Reformulated Gasoline, Federal 

control program. 

• Architectural Coating, Federal Rule 

at 40 CFR part 59. 

• Open Burning Ban, 326 IAC 4–1. 

• Non-CTG RACT, 326 IAC 8. 

ii. 1999 Nine Percent ROP Plan 

• National Emission Standard for 

Hazardous Air Pollutant (NESHAP) for 

Benzene Emissions from Coke Oven ByProduct Recovery Plants, Federal Rule 

at 40 CFR part 61 subpart L. 

• NESHAP for Coke Oven Batteries, 

Federal Rule at 40 CFR part 63 subpart 

L. 

• Federal Phase I Reformulated 

Gasoline for Small Non-Road Engines. 

• Federal Controls on Small SparkIgnited Engines at 40 CFR part 90. 

• Commercial/Consumer Solvent 

Reformulation Rule. 

• Volatile Organic Liquid Storage 

RACT, 326 IAC 8–9. 

iii. 2002 Nine Percent ROP Plan 

• Additional Emission Reductions 

from Federal Controls on Small SparkIgnited Engines, 40 CFR part 90. 

• Sinter Plant Rule, 326 IAC 8–13. 

• Municipal Solid Waste Landfill 

Rule, 326 IAC 8–8. 

iv. 2005 Nine Percent ROP Plan 

• Additional Emission Reductions 

from Federal Controls on Small SparkIgnited Engines, 40 CFR part 90. 

v. 2007 Six Percent ROP Plan 

• Additional Emission Reductions 

from Federal Controls on Small SparkIgnited Engines, 40 CFR part 90. 

• Commercial/Consumer Solvent 

Reformulation Rule, 60 FR 15264. 

• Petroleum Refinery NESHAP, 40 

CFR part 63, subpart CC. 

• United States Steel—Gary Works 

Agreed Order 

(Halts Use of Untreated Water for 

Quenching), 2005. 

• Volatile Organic Liquid Storage 

RACT, 326 IAC 8–9. 

• Cold Cleaner Rule, 326 IAC 8–3–8. 

c. NOX Control Rules 

IDEM developed emission control 

rules for Electric Generating Units 

(EGUs), major non-EGU industrial 

boilers, and cement kilns in compliance 

with EPA’s Phase I NOX SIP call. These 

rules were adopted in 2001. Emission 

reductions resulted from these rules 

beginning in 2004. 

EPA published Phase II of the NOX

SIP call to require NOX emission 

reductions from large stationary internal 

combustion engines. Indiana developed 

the Phase II NOX control rules and 

committed to maintain a statewide NOX

emission cap. The Phase II NOX control 

rules became effective on February 26, 

2006, with implementation beginning in 

2007. 

d. Federal Emission Control Measures 

Besides the Federal emission control 

considered in the ROP plans, IDEM 

notes that other Federal emission 

control measures have had significant 

impacts on Lake and Porter Counties’ 

and regional upwind VOC and NOX

emissions. These Federal measures 

include the following. 

Tier 2 Emission Standards for 

Vehicles and Gasoline Sulfur Standards. 

40 CFR part 86, subpart S. These 

emission control requirements result in 

lower VOC and NOX emissions from 

new cars and light duty trucks, 

including sport utility vehicles. The 

Federal rules were phased in between 

2004 and 2009. EPA has estimated that, 

by the end of the phase-in period, the 

following vehicle NOX emission 

reductions will occur nationwide: 

Passenger cars (light duty vehicles) (77 

percent); light duty trucks, minivans, 

and sport utility vehicles (86 percent); 

and larger sport utility vehicles, vans, 

and heavier trucks (69 to 95 percent). 

VOC emission reductions are expected 

to range from 12 to 18 percent, 

depending on vehicle class, over the 

same period. Although some of the 

these emission reductions occurred by 

the attainment years (2006–2008) in the 

Chicago-Gary-Lake County, IL-IN area, 

additional emission reductions will 

occur during the maintenance period for 

Lake and Porter Counties. For example, 

note that the Tier 2 emission standards 

for passenger vehicles weighing over 

8,500 pounds were not implemented 

until 2008 or later. 

Heavy-Duty Diesel Engine Rule. EPA 

issued this rule in January 2001 (66 FR 

5002). This rule includes standards 

limiting the sulfur content of diesel fuel, 

which went into effect in 2004. A 

second phase took effect in 2007 which 

further reduced the highway diesel fuel 

sulfur content to 15 parts per million, 

leading to additional reductions in 

combustion NOX and VOC emissions. 

This rule is expected to achieve a 95 

percent reduction in NOX emissions 

from diesel trucks and buses. 

Non-Road Diesel Rule. EPA issued 

this rule in June 2004 (69 FR 38958). 

This rule applies to diesel engines used 

in industries, such as construction, 

agriculture, and mining. It is estimated 

that compliance with this rule will cut 

NOX emissions from non-road diesel 

engines by up to 90 percent. This rule 

is currently achieving emission 

reductions, but will not be fully 

implemented until 2010. 

e. Additional Local Emission 

Reductions 

Several local permanent and 

enforceable emission reductions have 

occurred through various mechanisms 

other than through the State’s RACT 

rules or through Federal emission 

control rules/programs. These emission 

reductions have occurred through 

permanent and enforceable source 

closures, agreed orders, or consent 

decrees. 

According to IDEM, the NIPSCO 

Mitchell electric generating facility was 

permanently closed in 2001. The 

closure of this facility reduced NOX

emissions by 3,000 tons per year and 

VOC emissions by 40 tons per year. 

IDEM has stated that this facility cannot 

be restarted or replaced without the 

source being subject to PSD and/or NSR 

requirements. Therefore, IDEM 

considers the emission reductions 

resulting from the source closure to be 

permanent and enforceable. 

USS Gary Works, through an agreed 

order with IDEM, shut down Coke 

Battery No. 3 in 2005. This resulted in 

emission reductions of 650 tons per year 

for VOC and 500 tons per year for NOX. 

In 2000, EPA and British Petroleum 

entered into a consent decree with the 

BP Exploration & Oil Company, which 

included the Whiting Refinery. This 

consent decree required the installation 

of NOX emission control systems and 

fuel changes for several units at the 

refinery. According to IDEM, NOX

emissions at the refinery were reduced 

by over 6,000 tons per year by 2007. The 

source modifications leading to this 

emission reduction have been included 

in the Federally enforceable Title V 

source permit for this facility. 


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f. Controls to Remain in Effect 

Indiana commits to maintain all of the 

current emission control measures for 

VOC and NOX after Lake and Porter 

Counties are redesignated to attainment. 

Indiana, through IDEM’s Office of Air 

Quality (OAQ) and the Office of 

Enforcement, has the legal authority and 

necessary resources to actively enforce 

against any violations of the State’s air 

pollution emission control rules. After 

Lake and Porter Counties are 

redesignated to attainment, OAQ will 

implement NSR for major sources 

through the PSD program. 

2. Emission Reductions 

Indiana chose 2006 as the attainment 

year, and compared 1996, 1998, 2002, 

and 2004 VOC and NOX emissions to 

the attainment year emissions to show 

that emission reductions have occurred 

in the area, explaining the ozone air 

quality improvement in the area. The 

emissions for all years were derived 

from periodic VOC and NOX emission 

inventories, which were prepared every 

three years. Based on the estimated 

emissions, IDEM has documented 

several emission trends to show that 

permanent and enforceable emission 

controls in various source sectors are 

responsible for significant downward 

trends in VOC and NOX emission totals 

in Lake and Porter Counties and in 

upwind areas. For a discussion of 

emission inventory preparation 

methods, see the discussion of the 

preparation of the 2002 base year 

emission inventories below. 

To demonstrate that VOC and NOX

emissions have decreased between 

standard violation years and the 

attainment year, IDEM has documented 

the VOC and NOX emissions in Lake 

and Porter Counties. Table 2 gives the 

total VOC and NOX emissions in Lake 

and Porter Counties for anthropogenic 

(man-made) sources. 

TABLE 2—TOTAL ANTHROPOGENIC

VOC AND NOX EMISSIONS IN LAKE

AND PORTER COUNTIES

[Tons per Summer Day] 

Year VOC NOX

1996 130.80 321.00 

1998 131.70 323.92 

2002 111.94 285.77 

2004 107.00 261.00 

2006 83.57 223.86 

To demonstrate that permanent and 

enforceable emission controls have 

reduced VOC and NOX emissions, IDEM 

also documented the trends in point 

source emissions in Lake and Porter 

Counties (point sources are the source 

sector most impacted by the 

implementation of the State’s emission 

control regulations). Table 3 gives the 

Lake and Porter Counties’ total point 

source VOC and NOX emissions for the 

documented years. 

TABLE 3—TOTAL POINT SOURCE VOC 

AND NOX EMISSIONS IN LAKE AND

PORTER COUNTIES

[Tons per Summer Day] 

Year VOC NOX

1996 29 204 

1998 33 233 

2002 25 186 

2004 25 148 

2006 19 126 

IDEM has also documented the Lake 

and Porter Counties VOC and NOX

emissions by year for all anthropogenic 

source sectors. Table 4 lists these 

emissions. 

TABLE 4—VOC AND NOX EMISSIONS IN LAKE AND PORTER COUNTIES BY SOURCE SECTOR

[Tons per Summery Day] 

Sector VOC 

1996 

VOC 

1999 

VOC 

2002 

VOC 

2004 

VOC 

2006 

Area .............................................................................................................................. 45.19 49.59 32.37 31.34 32.47 

Non-Road Mobile ......................................................................................................... 16.23 19.98 35.09 31.63 17.14 

On-Road Mobile ........................................................................................................... 40.05 33.29 20.00 18.90 14.92 

Point ............................................................................................................................. 29.33 28.84 24.58 25.43 19.04 

Total ...................................................................................................................... 130.80 131.70 111.94 107.30 83.57 

NOX

1996 

NOX

1999 

NOX

2002 

NOX

2004 

NOX

2006 

Area .............................................................................................................................. 8.02 10.36 5.72 5.76 6.45 

Non-Road Mobile ......................................................................................................... 45.7 49.07 38.61 40.64 31.17 

On-Road Mobile ........................................................................................................... 63.14 49.92 55.00 65.95 60.09 

Point ............................................................................................................................. 204.22 214.58 186.44 148.22 126.15 

Total ...................................................................................................................... 321.08 323.93 285.77 260.57 223.86 

IDEM notes that statewide NOX

emissions from EGUs have been 

significantly reduced as a result of the 

State’s NOX control rules. Table 5 lists 

the statewide ozone season (April– 

September) NOX emissions from EGUs. 

TABLE 5—STATEWIDE EGU NOX

EMISSIONS

[Tons per Ozone Season] 

Year NOX

Emissions 

2000 133,882 

2001 136,052 

2002 113,996 

2003 99,283 

2004 66,568 

2005 55,486 

2006 53,768 

TABLE 5—STATEWIDE EGU NOX

EMISSIONS—Continued 

[Tons per Ozone Season] 

Year NOX

Emissions 

2007 54,816 

All of these emission trends show that 

Lake and Porter Counties’ and Indiana 

statewide NOX emissions have 

significantly declined between 2002 and 

2006. In addition, Lake and Porter 


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9Even though EPA conducted this modeling to 

support CAIR, IDEM considered the modeling 

results to estimate the future ozone impacts of NOX

reductions that do not factor in NOX emission 

reductions from CAIR. IDEM accounted for the fact 

that, on July 11, 2008, the District of Columbia 

Circuit Court of Appeals vacated CAIR. North 

Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008). On 

December 23, 2008, the same Court of Appeals 

remanded CAIR without vacatur, directing EPA to 

revise the CAIR. 550 F.3d 1176. Considering CAIR 

and non-CAIR ozone modeling, IDEM determined 

that CAIR would have contributed only 1 ppb of 

ozone reduction in Lake and Porter Counties in 

2018/2020, far less than the modeled margin of 

attainment for the 1997 eight-hour ozone standard 

in this area. 

Counties’ VOC emissions have also 

declined between 2002 and 2006. IDEM 

concludes that the local VOC emission 

reduction coupled with the region-wide 

NOX emission reduction explains the 

observed improvement area ozone 

concentrations. 

To assess the VOC and NOX changes 

between the 2002 base year and the 

2006 attainment year for the entire 

Chicago-Gary-Lake County, IL-IN ozone 

nonattainment year, we have combined 

the VOC and NOX emissions 

documented in Indiana’s ozone 

redesignation request with those 

documented by the Illinois 

Environmental Protection Agency for 

the Illinois portion of the ozone 

nonattainment area in an ozone 

redesignation request submitted on 

April 8, 2009. The VOC and NOX

emission totals for 2002 and 2006 for 

each State’s portion of the ChicagoGary-Lake County, IL-IN ozone 

nonattainment area are given in Table 6. 

TABLE 6—VOC AND NOX EMISSIONS

BY STATE PORTION OF THE CHICAGO-GARY-LAKE COUNTY, IL-IN 

EIGHT-HOUR OZONE NONATTAINMENT AREA

(Tons per Summer Day) 

Year Illinois Indiana Total 

VOC: 

2002 752.4 111.9 864.3 

2006 625.6 83.6 709.2 

NOX: 

2002 1,086.3 285.8 1372.0 

2006 812.0 223.9 1035.9 

Based on the 2002 and 2006 

nonattainment area total emissions, we 

conclude that VOC and NOX emission 

totals have significantly declined in the 

nonattainment area during the 2002– 

2006 period. These emission reductions 

have contributed to attainment of the 

1997 eight-hour ozone standard in this 

area. 

Ozone modeling results, some of 

which are discussed in the next 

subsection, support the conclusion that 

local VOC reductions coupled with 

regional NOX emission reductions have 

led to lowered local ozone levels and 

attainment of the 1997 eight-hour ozone 

standard in the Chicago-Gary-Lake 

County, IL-IN area. This supports 

Indiana’s conclusions regarding the 

impacts of the VOC and NOX emissions 

reductions. We concur with Indiana’s 

conclusions that the emission trends 

and ozone modeling results support the 

conclusion that attainment in the area is 

due to permanent and enforceable 

emission reductions. 

3. Ozone Modeling Results and 

Temperature Analysis 

To further support the conclusion that 

the observed ozone air quality 

improvements in the Chicago-Gary-Lake 

County, IL-IN area are due to the 

implementation of emission controls, 

IDEM reviewed several ozone modeling 

results covering the subject area, and 

also compared the observed trend in 

peak ozone concentrations to the trend 

(and deviations from normal) in 

monthly maximum temperatures. Both 

of these analyses, as discussed below, 

showed that reductions in ozone 

precursor emissions rather than trends 

in peak temperatures are the primary 

explanation of the observed 

improvement in local peak ozone 

concentrations. 

Ozone Modeling 

Ozone modeling results contained in 

various documents allowed IDEM to 

estimate current and future ozone 

design values for Lake and Porter 

Counties. Ozone modeling results from 

the following studies and EPA 

rulemaking analyses were considered: 

(1) EPA modeling analysis for the Heavy 

Duty Engine final rulemaking; (2) Lake 

Michigan Air Directors Consortium 

(LADCO) modeling analysis for the 

eight-hour ozone standard attainment 

assessment; (3) EPA modeling for 

CAIR;9 and, (4) LADCO Round 5 

modeling for the eight-hour ozone 

standard. IDEM concludes, and EPA 

agrees, that these modeling results show 

that existing national emission control 

measures have brought Lake and Porter 

Counties into attainment of the 1997 

eight-hour ozone standard. In addition, 

emission controls to be implemented in 

the next few years will provide 

additional reductions in peak ozone 

levels in Lake and Porter Counties, 

resulting in maintenance of the 1997 

eight-hour ozone standard in Lake and 

Porter Counties. 

Temperature Analysis 

Recognizing that certain 

meteorological conditions are very 

important factors in the formation of 

high ozone levels and that, among the 

contributing meteorological conditions, 

high temperatures are the most 

significant contributor to high ozone 

concentrations, IDEM analyzed trends 

in peak monthly temperatures and the 

annual numbers of days with peak 

temperatures over 90 degrees Fahrenheit 

for the period of 1999 through 2008 

versus the trends of peak ozone 

concentrations during this period. This 

analysis showed a downward trend in 

the annual number of ozone standard 

exceedance days without accompanying 

downward trends in peak monthly 

temperatures or annual number of high 

temperature days. IDEM concluded that 

the downward trend in emissions is a 

more likely cause of the observed 

downward trend in peak ozone 

concentrations than is a downward 

trend in conducive meteorological 

conditions. 

IDEM concluded that all of the VOC 

and NOX emission controls 

implemented in Northwest Indiana and 

statewide, as discussed above, which 

are permanent and enforceable, are 

responsible for the observed ozone air 

quality improvement in Lake and Porter 

Counties and have contributed 

significantly to attainment of the 1997 

eight-hour ozone standard in the 

Chicago-Gary-Lake County, IL-IN area. 

We agree with this conclusion. 

As noted above, Indiana has 

committed to retaining all existing 

emission control measures that affect 

ozone levels in Lake and Porter 

Counties and in the Chicago-Gary-Lake 

County, IL-IN area after Lake and Porter 

Counties are redesignated to attainment 

of the 1997 eight-hour ozone NAAQS. 

All changes in existing rules 

subsequently determined to be 

necessary will be submitted to EPA for 

approval as SIP revisions. 

Based on the above, EPA proposes to 

determine that Lake and Porter Counties 

and the State of Indiana have met the 

requirement of section 107(d)(3)(E)(iii) 

of the CAA, and have demonstrated that 

the improvement in air quality is due to 

permanent and enforceable emission 

reductions. 

D. Does Indiana Have a Fully 

Approvable Ozone Maintenance Plan 

Pursuant to Section 175A of the CAA for 

Lake and Porter Counties? 

1. What Is Required in an Ozone 

Maintenance Plan? 

Section 175A of the CAA sets forth 

the required elements of air quality 

maintenance plans for areas seeking 

redesignation from nonattainment to 

attainment of a NAAQS. Under section 


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10As discussed in footnote 9, the U.S. Court of 

Appeals, for the District of Columbia Circuit has 

remanded CAIR without vacatur, directing EPA to 

revise the CAIR. This raises questions about the 

future emission impacts of States’ CAIR-based 

emission control rules. As a conservative approach 

to this problem, EPA requested IDEM to 

supplement the ozone maintenance demonstration 

with projected emissions removing the impacts of 

the States’ (Indiana’s and all nearby States’, whose 

emissions impact ozone levels in the Chicago-GaryLake County, IL-IN area) CAIR NOX emission 

control rules. 

175A, a maintenance plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least 10 

years after the Administrator approves 

the redesignation to attainment. The 

state must commit to submit a revised 

maintenance plan within eight years 

after the redesignation. This revised 

maintenance plan must provide for 

maintenance of the ozone standard for 

an additional ten years beyond the 

initial 10 year maintenance period. To 

address the possibility of future NAAQS 

violations, the maintenance plan must 

contain contingency measures, with a 

schedule of implementation, as EPA 

deems necessary, to assure prompt 

correction of any future NAAQS 

violation. The September 4, 1992, 

Calcagni memorandum provides 

additional guidance on the content of 

maintenance plans. 

An ozone maintenance plan should, 

at minimum, address the following: (1) 

The attainment VOC and NOX emission 

inventories; (2) a maintenance 

demonstration showing maintenance for 

the 10 years of the maintenance period; 

(3) a commitment to maintain the 

existing monitoring network; (4) factors 

and procedures to be used for 

verification of continued attainment; 

and, (5) a contingency plan to prevent 

and/or correct a future violation of the 

NAAQS. 

2. How Did the State Estimate the 

Attainment Year VOC and NOX

Emissions? 

As noted above in the discussion of 

the emission reductions leading up to 

the attainment of the 1997 eight-hour 

ozone standard, IDEM selected 2006 as 

the attainment year, one of the three 

years (2006–2008) in which monitored 

attainment of the 1997 eight-hour ozone 

standard was recorded throughout the 

Chicago-Gary-Lake County, IL-IN area. 

The 2006 emissions for Lake and Porter 

Counties were determined using the 

following procedures. 

a. Area Sources 

Area source emissions were 

extrapolated from Indiana’s 2005 

periodic emissions inventory using 

projections of the same surrogates, such 

as population, number of households, 

acres under cultivation, etc., used to 

calculate the area source emissions for 

the periodic emission inventory. 

b. Point Sources 

Point source VOC and NOX emissions 

were compiled from IDEM’s 2006 

annual emission statement database and 

the 2007 EPA Clean Air Markets acid 

rain emissions database. 

c. On-Road Mobile Source Emissions 

Mobile source emissions were 

calculated using EPA’s MOBILE6.2 

emission factor model and traffic data 

taken from the Northwestern Indiana 

travel-demand model. IDEM has 

provided detailed model input data 

summaries to document the calculation 

of on-road mobile source VOC and NOX

emission for 2006, as well as for the 

projection years of 2010 and 2020. 

d. Non-Road Mobile Source Emissions 

Non-road emissions for 2006 were 

projected from the 2005 National 

Emissions Inventory (NEI) non-road 

emissions developed by EPA. IDEM 

used the NEI emissions along with 

surrogate data growth factors to project 

the non-road mobile source emissions 

for 2006. 

e. Emissions From the Illinois Portion of 

the Chicago-Gary-Lake County, IL-IN 

Ozone Nonattainment Area 

To demonstrate that emission 

reductions contributed to attainment of 

the eight-hour ozone standard in the 

entire ozone nonattainment area and to 

demonstrate maintenance of the eighthour ozone standard in the entire ozone 

nonattainment area, IDEM considered 

the VOC and NOX emissions from the 

Illinois portion of the eight-hour ozone 

nonattainment area. The emissions data 

for the Illinois portion of the 

nonattainment area were provided by 

LADCO. The Illinois emissions 

inventory was prepared by the use of 

techniques and assumptions similar to 

those used by IDEM. To support ozone 

modeling in the Lake Michigan area, 

LADCO oversaw the development of 

VOC and NOX emissions of the LADCO 

member States, which insured 

consistency in emission inventory 

preparation techniques by the States. 

3. Has the State Demonstrated 

Maintenance of the Ozone Standard in 

Lake and Porter Counties? 

As part of the redesignation request, 

IDEM included a request for revision of 

its SIP to incorporate a maintenance 

plan as required under section 175A of 

the CAA. The maintenance plan 

includes a demonstration based on a 

comparison of emissions in the 

attainment year (2006) and projected 

emissions to demonstrate maintenance 

of the standard for at least ten years after 

the anticipated redesignation year. To 

demonstrate maintenance of the eighthour ozone standard, IDEM projected 

VOC and NOX emissions to 2020 and to 

an interim year, 2010. These emissions 

were compared to the 2006 attainment 

year emissions to show that VOC and 

NOX emissions remain below the 

attainment levels for the entire 

demonstrated maintenance period. This 

demonstration was performed 

considering Lake and Porter Counties’ 

emissions only, and separately 

considering the VOC and NOX

emissions for the entire Chicago-GaryLake County, IL-IN ozone 

nonattainment area. 

In the June 5, 2009, ozone 

redesignation request, IDEM graphically 

represented and compared the VOC and 

NOX emissions for 2006, 2010, and 2020 

for all major source sectors, and in total 

for Lake and Porter Counties and for the 

entire ozone nonattainment area. In the 

July 20, 2009, supplement to the ozone 

maintenance demonstration, IDEM 

presented the 2020 NOX and VOC 

emission totals for Lake and Porter 

Counties without the impacts of CAIR.10

IDEM’s maintenance demonstration 

shows that in 2010 and 2020, without 

the impacts of Indiana’s CAIR rules, 

VOC and NOX emission totals for Lake 

and Porter Counties are projected to be 

below the 2006 VOC and NOX emission 

totals for these Counties. 

VOC emissions in Lake and Porter 

Counties are projected to decline by 

more than 16 percent between 2006 and 

2020, and VOC emissions in the entire 

nonattainment area are projected to 

decline by more than 25 percent 

between 2006 and 2020. NOX emissions 

in Lake and Porter Counties are 

projected to decline by more than 25 

percent between 2006 and 2020, and 

NOX emissions in the entire ozone 

nonattainment area are projected to 

decline by more than 49 percent 

between 2006 and 2020. (Note that the 

projected NOX emission reduction for 

2020 did not include NOX emission 

reductions resulting from CAIR, but did 

include NOX emission reductions 

resulting from Indiana’s existing NOX

emission control rules, adopted as a 

result of EPA’s NOX SIP call.) 

The December 23, 2008, remand of 

EPA’s CAIR by the U.S. Court of 

Appeals led to both the State and EPA 

further considering the impact of this 

remand on Indiana’s ozone maintenance 

demonstration for Lake and Porter 

Counties. The CAIR was remanded to 

EPA, and the process of developing a 


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replacement rule is ongoing. However, 

the remand of CAIR does not alter the 

requirements of the NOX SIP call, and 

Indiana has demonstrated that Lake and 

Porter Counties can maintain the 1997 

eight-hour ozone standard without any 

additional NOX emission reduction 

requirements (beyond those required by 

the NOX SIP call). Therefore, EPA 

believes that Indiana’s demonstration of 

maintenance under sections 175A and 

107(d)(3)(E) of the CAA remains valid. 

The NOX SIP call requires states to 

make significant, specific emission 

reductions. It also provided a 

mechanism, the NOX Budget Trading 

Program, which states could use to 

achieve those emission reductions. 

When EPA promulgated CAIR, it 

discontinued (starting in 2009) the NOX

Budget Trading Program, 40 CFR 

51.121(r), but created another 

mechanism, the CAIR ozone season 

trading program, which states could use 

to meet their SIP call obligations, 70 FR 

25289–25290. EPA notes that a number 

of states, when submitting SIP revisions 

to require sources to participate in the 

CAIR ozone season trading program, 

removed the SIP provisions that 

required sources to participate in the 

NOX Budget Trading Program. In 

addition, because the provisions of 

CAIR, including the ozone season NOX

trading program remain in place during 

the remand, EPA is not currently 

administering the NOX Budget Trading 

Program. Nonetheless, all states, 

regardless of the current status of their 

regulations that previously required 

participation in the NOX Budget Trading 

Program, will remain subject to all of 

the requirements in the NOX SIP call 

even if the existing CAIR ozone season 

trading program is withdrawn or 

altered. In addition, the anti-backsliding 

provisions of 40 CFR 51.905(f) 

specifically provide that the provisions 

of the NOX SIP call, including the 

statewide NOX emission budgets, 

continue to apply after revocation of the 

one-hour ozone standard and, therefore, 

currently remain in effect. 

All NOX SIP call states have SIPs that 

currently satisfy their obligations under 

the NOX SIP call. The NOX SIP call 

emission reduction requirements are 

being met, and EPA will continue to 

enforce the requirements of the NOX SIP 

call even after any response to the CAIR 

remand. For these reasons, EPA believes 

that regardless of the status of the CAIR 

program, the NOX SIP call requirements 

can be relied upon in demonstrating 

maintenance of the 1997 eight-hour 

ozone standard. Here, the State has 

demonstrated maintenance based, in 

part, on these emission reduction 

requirements. 

Indiana has successfully 

demonstrated maintenance of the 1997 

eight-hour ozone standard between 2006 

and 2020. In addition, VOC and NOX

emissions in Lake and Porter Counties 

and in the Chicago-Gary-Lake County, 

IL-IN area are projected to decline 

between 2006 and 2010. EPA and 

Indiana do not anticipate an increase in 

VOC or NOX emissions in Lake and 

Porter Counties between 2010 and 2020 

given the emission growth and source 

control factors used to project 

emissions. 

Table 7 provides the maintenance 

period VOC and NOX emissions for Lake 

and Porter Counties only, and Table 8 

provides the maintenance period VOC 

and NOX emissions for the entire 

Chicago-Gary-Lake County, IL-IN ozone 

nonattainment area. 

TABLE 7—PROJECTED VOC AND NOX EMISSIONS IN LAKE AND PORTER COUNTIES

[Tons per Summer Day] 

Source sector VOC 2006 VOC 2010 VOC 2020 

with CAIR 

VOC 2020 

without CAIR 

Point ................................................................................................................. 19.04 18 .18 22.25 ........................

Area ................................................................................................................. 32.47 28 .8 29.24 ........................

On-Road Mobile ............................................................................................... 14.92 9 .93 5.71 ........................

Non-Road Mobile ............................................................................................. 17.14 14 .11 12.22 ........................

Total .......................................................................................................... 83.57 71 .02 69.42 69.93 

NOX 2006 NOX 2010 NOX 2020 with 

CAIR 

NOX 2020 

without CAIR 

Point ................................................................................................................. 126.15 110 .49 114.75 ........................

Area ................................................................................................................. 6.45 6 .59 6.77 ........................

On-Road Mobile ............................................................................................... 60.09 38 .65 11.97 ........................

Non-Road Mobile ............................................................................................. 31.17 28 .50 21.37 ........................

Total .......................................................................................................... 223.86 184 .23 154.86 165.91 

TABLE 8—PROJECTED VOC AND NOX EMISSIONS IN THE CHICAGO-GARY-LAKE COUNTY, IL-IN AREA

[Tons per Summer Day] 

Source sector VOC 2006 VOC 2010 VOC 2020 

without CAIR 

Point ............................................................................................................................................. 89.00 93.00 113.00 

Area ............................................................................................................................................. 313.40 254.00 254.00 

On-Road Mobile ........................................................................................................................... 153.92 104.00 55.00 

Non-Road Mobile ......................................................................................................................... 222.00 174.09 150.00 

Total ...................................................................................................................................... 778.32 625.09 572.00 

NOX 2006 NOX 2010 NOX 2020 

without CAIR 

Point ............................................................................................................................................. 302.00 247.00 262.00 

Area ............................................................................................................................................. 38.50 41.00 41.00 


srobinson on DSKHWCL6B1PROD with PROPOSALS2
Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Proposed Rules 12107 

TABLE 8—PROJECTED VOC AND NOX EMISSIONS IN THE CHICAGO-GARY-LAKE COUNTY, IL-IN AREA—Continued 

[Tons per Summer Day] 

Source sector VOC 2006 VOC 2010 VOC 2020 

without CAIR 

NOX 2006 NOX 2010 NOX 2020 

without CAIR 

On-Road Mobile ........................................................................................................................... 419.00 254.00 84.86 

Non-Road Mobile ......................................................................................................................... 290.00 243.00 150.00 

Total ...................................................................................................................................... 1049.50 785.00 537.86 

We propose to conclude that IDEM 

has demonstrated maintenance of the 

ozone standard during the 10-plus year 

maintenance period both within Lake 

and Porter Counties and throughout the 

Chicago-Gary-Lake County, IL-IN area 

through projections of VOC and NOX

emissions that show that the emissions 

will remain below the 2006 attainment 

levels during the maintenance period. 

This is demonstrated with and without 

the emission reductions from CAIR. 

4. What Is the Contingency Plan for 

Lake and Porter Counties? 

Section 175A of the CAA requires the 

maintenance plan to include such 

contingency measures as EPA deems 

necessary to assure that the state will 

promptly correct a violation of the 

NAAQS that might occur after 

redesignation. The maintenance plan 

must identify the contingency measures 

to be considered for possible adoption, 

a schedule and procedure for adoption 

and implementation of the selected 

contingency measures, and a time limit 

for action by the state. The state should 

also identify specific indicators to be 

used to determine when the 

contingency measures need to be 

adopted and implemented. The 

maintenance plan must include a 

requirement that the state will 

implement all measures with respect to 

control of the pollutant(s) that were 

controlled through the SIP before the 

redesignation of the area to attainment. 

See section 175A(d) of the CAA. 

As required by section 175A of the 

CAA, Indiana has adopted a 

contingency plan to address possible 

future ozone air quality problems. The 

contingency plan has two levels of 

actions/responses depending on 

whether a violation of the 1997 eighthour ozone standard is only threatened 

(Warning Level Response) or has 

actually occurred (Action Level 

Response). 

A Warning Level Response will be 

prompted whenever an annual (oneyear) fourth-high daily maximum eighthour ozone concentration of 0.089 ppm 

is monitored in a single ozone season, 

or a two-year average fourth-high daily 

maximum eight-hour ozone 

concentration of 0.085 ppm or greater is 

monitored at any site within the 

maintenance area. A Warning Level 

Response will consist of a study to 

determine whether the high ozone level 

indicates a trend toward higher ozone 

values or whether emissions appear to 

be increasing. The study will evaluate 

whether the trend, if any, is likely to 

continue. If the trend is likely to 

continue, the emission control measures 

necessary to reverse the trend, taking 

into consideration the ease and timing 

for implementation along with 

economic and social impacts and issues, 

will be determined. Implementation of 

selected emission controls will take 

place as expeditiously as possible, but 

in no event later than 12 months from 

the end of the most recent ozone season 

(September 30). If new emission 

controls are needed to reverse the 

adverse ozone/emissions trend, the 

procedures for emission control 

selection under the Action Level 

Response will be followed. 

An Action Level Response will be 

triggered when a violation of the 1997 

eight-hour ozone standard is monitored 

within the maintenance area. In the 

event that the ozone standard violation 

is not found to be due to an exceptional 

event, malfunction, or noncompliance 

of a source with a permit condition or 

rule requirement, IDEM will determine 

the additional emission controls needed 

to assure future attainment of the eighthour ozone NAAQS. In this case, 

emission control measures that can be 

implemented in a short time will be 

selected and will be adopted and 

implemented within 18 months from 

the close of the ozone season in which 

the violation of the ozone NAAQS is 

monitored. 

Adoption of any additional emission 

control measures prompted by either of 

the two response levels will be subject 

to the necessary administrative and 

legal processes dictated by State law. 

This process will include publication of 

public notices, an opportunity for 

public hearings, and other measures 

required by Indiana law for rulemaking 

by State environmental boards. If a new 

emission control measure is already 

promulgated and scheduled for 

implementation at the Federal or State 

level, and if that emission control 

measure is determined to be sufficient 

to address the air quality problem or 

adverse trend, additional local emission 

control measures may be determined to 

be unnecessary. Indiana will submit to 

EPA an analysis to demonstrate that the 

proposed emission control measures are 

adequate to return the area to attainment 

of the ozone NAAQS. EPA understands 

that Indiana will submit any such Stateproposed or existing emissions control 

measure (if not already included in the 

SIP) to EPA as a requested SIP revision. 

Contingency measures contained in 

the maintenance plan are those 

emission controls or other measures that 

the State chooses to adopt and 

implement in response to either an 

Action Level or a Warning Level trigger. 

Possible contingency measures include, 

but are not limited to, the following: 

a. Vehicle emission testing program 

enhancements, including increased 

vehicle weight limits, addition of diesel 

vehicles, etc.; 

b. Asphalt paving (lower VOC 

formulation requirements); 

c. Diesel exhaust retrofits; 

d. Traffic flow improvements; 

e. Idle reduction programs; 

f. Portable fuel container regulation 

(statewide); 

g. Park and ride facilities; 

h. Rideshare/carpool programs; 

i. VOC cap-and-trade program for 

major stationary sources; 

j. Commercial/consumer solvent VOC 

content limits (statewide); and, 

k. NOX RACT. 

Several aspects of the contingency 

plan merit further discussion. First, the 

plan does not require the adoption and 

implementation of new emission 

controls in the event of a future ozone 

standard violation if it can be shown 

that the ozone standard violation is due 


srobinson on DSKHWCL6B1PROD with PROPOSALS2
12108 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Proposed Rules 

11See footnote 8. 

12There is more uncertainty about the use of SO2

allowances and future projections for SO2

emissions. Thus, further review and discussion will 

be needed regarding the appropriateness of using 

these emission projections for future fine 

particulate SIP approvals and redesignation 

requests. 

to an exceptional event, source 

malfunction, or source noncompliance. 

If a monitored exceedance is determined 

to be due to an ‘‘exceptional event’’ 

(March 22, 2007, 72 FR 13560), it will 

not be considered in determining 

whether a violation has occurred. Since 

exceptional event exceedances are not 

counted against ozone standard 

violations, EPA accepts this approach in 

Indiana’s ozone maintenance plan. 

Second, with regard to source 

malfunctions or source noncompliance, 

we note that the Indiana SIP contains 

provisions for ensuring that sources take 

actions to correct malfunctions, as well 

as provisions for the State to take 

enforcement actions against 

noncompliant sources. See 326 IAC 1– 

6. EPA believes that this provides a 

mechanism for the State to take prompt 

corrective actions, including 

expeditious and effective enforcement 

actions, to achieve compliance. See an 

analogous discussion in the General 

Preamble, 57 FR 13547 (April 16, 1992). 

In the context of section 172(c)(9) 

contingency measures for sulfur dioxide 

(SO2), EPA has interpreted ‘‘contingency 

measures’’ to mean that the State agency 

has a comprehensive program to 

identify sources of violations of the 

NAAQS and to undertake an aggressive 

follow-up for compliance and 

enforcement, including expedited 

procedures for establishing enforceable 

consent agreements pending the 

adoption of revised SIPs. This type of 

source-specific noncompliance and 

correction by enforcement action in the 

ozone context is similar to sourcespecific SO2 noncompliance and 

enforcement, and, therefore, it is 

appropriate to apply the SO2 guidance 

in this circumstance. 

5. Has the State Committed To Update 

the Ozone Maintenance Plan Within 

Eight Years After the Redesignation of 

Lake and Porter Counties To Attainment 

of the Eight-Hour Ozone NAAQS? 

As required by section 175A(b) of the 

CAA, Indiana commits to review its 

ozone maintenance plan eight years 

after redesignation of Lake and Porter 

Counties to attainment of the 1997 

eight-hour ozone standard and to 

provide for maintenance of the ozone 

standard for an additional 10 years. 

6. How Is Indiana’s Ozone Maintenance 

Plan Affected by the Future of NOX

Emission Control Rules in Indiana and 

in Upwind Areas Under CAIR and 

Under the NOX SIP Call? 

EPA has considered the relationship 

of Indiana’s ozone maintenance plan for 

Lake and Porter Counties to the 

emission reductions currently required 

pursuant to CAIR. This rule was 

remanded to EPA,11 and the process of 

developing a replacement rule is 

ongoing. However, the remand of CAIR 

does not alter the requirements of the 

NOX SIP call and the State has now 

demonstrated, as noted above, that the 

area can maintain attainment of the 

eight-hour ozone standard without any 

additional requirements (beyond those 

required by the NOX SIP call). In 

addition, in the July 20, 2009, ozone 

maintenance plan supplement, IDEM 

has confirmed that the State’s NOX SIP 

call rules remain in effect regardless of 

the future of EPA’s CAIR replacement 

rule. Therefore, EPA believes that the 

State’s demonstration of maintenance 

under sections 175A and 107(d)(3)(E) 

remains valid. 

The NOX SIP call requires states to 

make significant, specific emissions 

reductions. It also provided a 

mechanism, the NOX Budget Trading 

Program, which states could use to 

achieve those reductions. When EPA 

promulgated CAIR, it discontinued 

(starting in 2009) the NOX Budget 

Trading Program, 40 CFR 51.121(r), but 

created another mechanism—the CAIR 

ozone season trading program—which 

states could use to meet their SIP call 

obligations. EPA notes that a number of 

states, when submitting SIP revisions to 

require sources to participate in the 

CAIR ozone season trading program, 

removed the SIP provisions that 

required sources to participate in the 

NOX Budget Trading Program. In 

addition, because the provisions of 

CAIR, including the ozone season NOX

trading program, remain in place during 

the remand, EPA is not currently 

administering the NOX Budget Trading 

Program. Nonetheless, all states, 

regardless of the current status of their 

regulations that previously required 

participation in the NOX Budget Trading 

Program, will remain subject to all of 

the requirements in the NOX SIP call 

even if the existing CAIR ozone season 

trading program is withdrawn or 

altered. In addition, the anti-backsliding 

provisions of 40 CFR 51.905(f) 

specifically provide that the provisions 

of the NOX SIP call, including the 

statewide NOX emission budgets, 

continue to apply after revocation of the 

one-hour ozone standard. 

All NOX SIP call states have SIPs that 

currently satisfy their obligations under 

the SIP call, the SIP call reduction 

requirements are being met, and EPA 

will continue to enforce the 

requirements of the NOX SIP call even 

after any response to the CAIR remand. 

For these reasons, EPA believes that, 

regardless of the status of the CAIR 

program, the NOX SIP call requirements 

can be relied upon in demonstrating 

maintenance. Here, the State has 

demonstrated maintenance based in part 

on those requirements. 

In addition, LADCO performed a 

regional modeling analysis to address 

the Court’s remand of CAIR. This 

analysis is documented in LADCO’s 

‘‘Regional Air Quality Analysis for 

Ozone, PM2.5, and Regional Haze: Final 

Technical Support Document 

(Supplement), September 12, 2008,’’ 

attached to Indiana’s June 20, 2009, 

submittal. LADCO produced a base year 

emissions inventory for 2005 and future 

year emissions inventories for 2009, 

2012, and 2018. To estimate EGU NOX

emissions without implementation of 

CAIR, LADCO projected EGU NOX

emissions for all states in the modeling 

domain based on Energy Information 

Administration growth rates by state 

(North American Electric Reliability 

Corporation (NERC)) and fuel type for 

the years 2009, 2012, and 2018. The 

assumed 2007–2018 growth rates were 

8.8 percent for Illinois, Iowa, Missouri 

and Wisconsin; 13.5 percent for Indiana, 

Kentucky, Michigan and Ohio; and 15.1 

percent for Minnesota. Emissions were 

adjusted by applying existing, legally 

enforceable control requirements, e.g., 

consent decrees or state rules. 

EGU NOX emission projections for the 

States of Illinois, Indiana, Michigan, 

Ohio, and Wisconsin are shown below 

in Table 9. The emission projections 

used for the modeling analysis do not 

account for certain relevant factors, such 

as emission allowance trading and 

potential changes in operation of 

existing emission control devices. The 

NOX emission projections indicate that, 

due to the NOX SIP call, certain state 

rules, consent decrees resulting from 

enforcement cases, and ongoing 

implementation of a number of mobile 

source control rules, EGU NOX

emissions are expected to remain 

relatively constant in Indiana or in any 

of the states in the immediate region, 

and overall NOX emissions in Indiana 


srobinson on DSKHWCL6B1PROD with PROPOSALS2
Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Proposed Rules 12109 

12There is more uncertainty about the use of SO2

allowances and future projections for SO2

emissions. Thus, further review and discussion will 

be needed regarding the appropriateness of using 

these emission projections for future fine 

particulate SIP approvals and redesignation 

requests. 

and the nearby region are expected to 

decrease substantially between 2005 

and 2018.12 Base year and projected 

total NOX emissions are shown in Table 

10 below. 

TABLE 9—EGU NOX EMISSIONS FOR THE STATES OF ILLINOIS, INDIANA, MICHIGAN, OHIO, AND WISCONSIN

[Tons per Day] 

Source category 2007 2009 2012 2018 

EGU ......................................................................................................................................................................... 1,582 1,552 1,516 1,524 

TABLE 10—TOTAL NOX EMISSIONS FOR THE STATES OF ILLINOIS, INDIANA, MICHIGAN, OHIO, AND WISCONSIN

[Tons per Day] 

Source category 2005 2009 2012 2018 

All Source Totals ..................................................................................................................................................... 8,260 6,778 6,076 4,759 

Given that 2007 is one of the years 

Indiana used to demonstrate that the 

1997 eight-hour ozone NAAQS has been 

attained in Lake and Porter Counties 

and in the Chicago-Gary-Lake County, 

IL-IN ozone nonattainment area, Table 9 

shows that EGU emissions will remain 

below attainment levels through 2018. 

Assuming that EGU NOX emissions will 

not significantly increase between 2018 

and 2020, we conclude that EGU NOX

will remain below attainment levels 

through 2020. Furthermore, as shown in 

Table 10, total NOX emissions in 

Indiana and in nearby states are 

expected to decrease throughout the 

maintenance period, through 2020. 

Ozone modeling performed by 

LADCO using these NOX emissions and 

maintenance period VOC emissions 

supports the conclusion that the 

Chicago-Gary-Lake County, IL-IN area 

will maintain the 1997 eight-hour ozone 

standard throughout the maintenance 

period. Peak modeled ozone levels in 

the area for 2009, 2012, and 2018 are 

82.2, 80.8, and 77.2 ppb, respectively. 

These projected ozone levels were 

modeled applying only legally 

enforceable emission controls, e.g., 

source consent decrees, state emission 

control rules, the NOX SIP call, Federal 

Motor Vehicle Emission Control 

Program (FMVCP), etc. Because these 

emission control programs will remain 

in place, emission levels, and, therefore, 

ozone levels, would not be expected to 

increase significantly between 2018 and 

2020. Given that projected emissions 

and modeled ozone levels are expected 

to decrease substantively through 2018, 

it is reasonable to infer that a 2020 

ozone modeling run would also show 

levels well below the 1997 eight-hour 

ozone standard. 

VI. Has the State Adopted Acceptable 

MVEBs for the End Year of the Ozone 

Maintenance Period? 

A. How Were the MVEBS Developed, 

and What Are the MVEBS for Lake and 

Porter Counties? 

Under the CAA, states are required to 

submit, at various times, SIP revisions 

and ozone maintenance plans for 

applicable areas (for ozone 

nonattainment areas and for areas 

seeking redesignation to attainment of 

the ozone standard or revising existing 

ozone maintenance plans). These 

emission control SIP revisions (e.g., RFP 

and attainment demonstration SIP 

revisions), including ozone maintenance 

plans, must create and document 

MVEBs based on on-road mobile source 

emissions allocated to highway and 

transit vehicle use that, together with 

emissions from other sources in the 

area, will provide for attainment or 

maintenance of the ozone NAAQS. 

Under 40 CFR part 93, MVEBs for an 

area seeking a redesignation to 

attainment of the NAAQS are required 

to be established for the last year of the 

maintenance plan. In addition, MVEBs 

can be established for interim years to 

provide a quantitative benchmark. If 

earlier MVEBs are not established in a 

SIP, then 40 CFR 93.118(b)(2)(i) 

provides that a qualitative finding must 

be made by the metropolitan planning 

organization that there are no factors 

that would cause or contribute to a new 

violation or increase an existing 

violation in the years before the last year 

of the maintenance plan. In this case, 

Indiana has submitted emission budgets 

for both 2010 (an interim year) and 2020 

(the last year of the maintenance plan). 

The MVEBs serve as ceilings on mobile 

source emissions from an area’s planned 

transportation system. The MVEB 

concept is further explained in the 

preamble to the November 24, 1993 

transportation conformity rule (58 FR 

62188). The preamble also describes 

how to establish the MVEBs in the SIP 

and how to revise the MVEBs if needed. 

Under section 176(c) of the CAA, 

transportation plans, transportation 

improvement programs, and new 

transportation projects, such as the 

construction of new highways, must 

‘‘conform’’ to (i.e., be consistent with) 

the SIP. Conformity to the SIP means 

that transportation activities will not 

cause or contribute to new air quality 

standard violations, increase the 

frequency or severity of existing 

violations, or delay timely attainment of 

the NAAQS. CAA section 176(c)(1). If a 

transportation plan does not conform, 

most new transportation projects that 

would expand the capacity of roadways 

cannot go forward. Regulations at 40 

CFR part 93 set forth EPA’s policy, 

criteria, and procedures for 

demonstrating and assuring conformity 

of transportation activities to a SIP. 

When reviewing SIP revisions 

containing MVEBs, including 

attainment strategies, ROP plans, and 

maintenance plans, EPA must find that 

the MVEBs are ‘‘adequate’’ for use in 

determining transportation conformity. 

Once EPA finds the submitted MVEBs 

to be adequate for transportation 

conformity purposes, the MVEBs are 

used by the state and Federal agencies 

in determining whether proposed 

transportation plans and transportation 

improvement programs conform to the 

SIP as required by section 176(c) of the 

CAA. EPA’s criteria for determining the 

adequacy of MVEBs are specified in 40 

CFR 93.118(e)(4). 


srobinson on DSKHWCL6B1PROD with PROPOSALS2
12110 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Proposed Rules 

EPA’s process for determining 

adequacy of MVEBs consists of three 

basic steps: (1) Providing public 

notification of a SIP submission; (2) 

providing the public the opportunity to 

comment on the MVEBs during a public 

comment period; and, (3) making a 

finding of adequacy. The Transportation 

Conformity Rule, in 40 CFR 93.118(f), 

provides for MVEB adequacy finding 

through two mechanisms. First, 40 CFR 

93.118(f)(1) provides for posting a notice 

to the EPA conformity Web site (http:// 

www.epa.gov/otaq/stateresources/ 

transconf/adequacy.htm) and providing 

a 30-day public comment period. 

Second, a mechanism is described in 40 

CFR 93.118(f)(2) which provides that 

EPA can review the adequacy of an 

implementation plan MVEB 

simultaneously with its review of the 

implementation plan itself. In this 

action, EPA is using the second 

mechanism in 40 CFR 93.118(f)(2), and 

is taking comment on both the adequacy 

and approvability of the submitted 

MVEBs. 

The Lake and Porter Counties’ ozone 

maintenance plan contains VOC and 

NOX MVEBs for 2020 and 2010. The 

State has the option of setting budgets 

for earlier years in the maintenance plan 

in addition to the last year of the 

maintenance plan. EPA is taking 

comment on both the adequacy and the 

approvability of the submitted VOC and 

NOX MVEBs for Lake and Porter 

Counties. Any and all comments on the 

adequacy and approvability of the 

MVEBs should be submitted during the 

comment period stated in the DATES

section of this notice. 

EPA intends to make its 

determination of the adequacy of the 

2010 and 2020 MVEBs for Lake and 

Porter Counties for transportation 

conformity purposes in the final 

rulemaking on the eight-hour ozone 

redesignation. If EPA finds the 2010 and 

2020 MVEBs adequate and approves the 

MVEBs in the final rulemaking action, 

the new MVEBs must be used for future 

transportation conformity 

determinations. The new MVEBs, if 

found adequate and approved in the 

final rulemaking, will be effective the 

date of publication of EPA’s final 

rulemaking in the Federal Register. For 

required regional emissions analysis 

years that involve 2010 or beyond, the 

applicable budgets are defined in the 

table below. 

TABLE 11—LAKE AND PORTER

COUNTY AREA MVEBS

[Tons per Day] 

Year VOC NOX

2010 ...................................... 10.5 40.6 

2020 ...................................... 6.0 12.6 

These MVEBs are the on-road mobile 

source VOC and NOX emissions for Lake 

and Porter Counties for 2010 and 2020. 

The on-road mobile source emissions 

were derived using the Northwestern 

Indiana Regional Planning Commission 

(NIRPC) travel demand model and 

EPA’s MOBILE6.2 mobile source 

emission factor model, with source 

growth estimates provided in NIRPC’s 

2030 Long Range Plan, adopted by 

NIRPC on June 21, 2007. 

EPA is proposing to approve the 

MVEBs for both 2020 and 2010, as part 

of the eight-hour ozone maintenance 

plan. EPA has determined that the 

emission budgets are consistent with the 

control measures in the SIP and that 

Lake and Porter Counties can maintain 

attainment of the 1997 eight-hour ozone 

NAAQS (projected VOC and NOX

emissions in total for 2010 and 2020 

remain below the attainment year, 2006, 

levels with or without CAIR) for the 

required 10-year maintenance period 

with mobile source emissions at the 

levels of the MVEBs. EPA has reviewed 

these MVEBs in light of the remand of 

CAIR and concluded that the budgets 

meet the conformity rule’s adequacy 

criteria found at 40 CFR 93.118(e)(4). In 

particular, EPA has concluded that the 

MVEBs satisfy the requirements of 40 

CFR 93.118(e)(4)(iv), which requires 

that MVEBs, when considered together 

with all other emissions, is consistent 

with applicable requirements for 

maintenance. EPA bases this conclusion 

on the overall reduction in VOC and 

NOX emissions from all sources which 

are documented as part of the ozone 

maintenance plan. 

It should be noted that the one-hour 

ozone MVEBs, which were approved as 

part of the one-hour ozone attainment 

demonstration, will continue to be used 

for transportation conformity purposes 

until these budgets are found adequate 

and approved. The current one-hour 

ozone emission budgets that are being 

used for transportation conformity 

purposes are for 2007, and cap 

emissions at 12.37 tons per day for VOC 

and 63.33 tons per day for NOX. When 

the eight-hour ozone maintenance plan 

MVEBs are approved and found 

adequate, the new 2010 and 2020 

emission budgets will provide lower 

caps on mobile source emissions in 

Lake and Porter Counties because the 

new emission budgets are lower than 

the current 2007 MVEBs. 

It should finally be noted that the 

2010 and 2020 MVEBs exceed the onroad mobile source VOC and NOX

emissions projected by IDEM for 2010 

and 2020 as summarized above. 

Through discussions with all 

organizations involved in transportation 

planning for Lake and Porter Counties, 

IDEM decided to include safety margins 

of five percent in the MVEBs to provide 

for mobile source growth not 

anticipated in the projected 2010 and 

2020 emissions, allowing for a margin of 

error in the calculation of future mobile 

source emissions. Indiana has 

demonstrated that Lake and Porter 

Counties can maintain the 1997 eighthour ozone NAAQS with these mobile 

source emissions since total 2010 and 

2020 VOC and NOX emissions in Lake 

and Porter Counties, including the 

increased mobile source emissions, will 

remain under the attainment year 

emission levels. 

B. Are the MVEBs Adequate and 

Approvable for Use in Conformity 

Determinations? 

The submitted MVEBs will meet the 

criteria for adequacy when EPA 

addresses the ozone maintenance plan 

through a final rule. EPA has reviewed 

the submitted MVEBs and the SIP and 

is proposing to approve the budgets 

because, in part, the budgets meet the 

adequacy criteria in 40 CFR 93.118(e)(4) 

as discussed below. Additionally, EPA 

has reviewed the entire maintenance 

plan and has concluded that the 

maintenance plan is approvable. 

The MVEBs are clearly identified and 

precisely quantified in the submitted 

SIP revision. The MVEBs, when 

considered together with all emissions 

from other sources in Lake and Porter 

Counties, are consistent with applicable 

requirements for maintenance. The 

MVEBs are consistent with and clearly 

related to the emissions inventory and 

the control measures in the submitted 

ozone maintenance plan; and the 

established safety margins are within 

the allowable emission limits. 

The 2010 and 2020 VOC and NOX

MVEBs for Lake and Porter Counties are 

approvable because the MVEBs will 

meet all of the above criteria and 

maintain the total VOC and NOX

emissions for Lake and Porter Counties 

at or below the attainment year emission 

levels, as required by the transportation 

conformity regulations. We are 

proposing to find these MVEBs to be 

adequate and to approve these MVEBs 

for transportation conformity purposes. 


srobinson on DSKHWCL6B1PROD with PROPOSALS2
Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Proposed Rules 12111 

VII. What Is the Base Year Emissions 

Inventory, and Is Indiana’s 

Approvable? 

The CAA gives the states the 

responsibility to inventory emissions 

contributing to the violation of a 

NAAQS, to track these emissions over 

time, and to ensure that emission 

control strategies have been 

implemented and have achieved 

planned emission targets. States 

containing ozone nonattainment areas 

are required, under section 182(a)(1) of 

the CAA, to submit comprehensive, 

accurate, and current inventories of 

actual ozone precursor emissions 

(emissions of VOC and NOX) for each 

ozone nonattainment area. These 

emission inventories must include 

emissions from point, area, on-road 

mobile, and non-road mobile man-made 

(anthropogenic) and biogenic (natural or 

plant-generated) sources in the ozone 

nonattainment areas. The emission 

inventories must specify emissions for 

typical summer weekdays. 

Two EPA guidance documents have 

been developed to cover the emissions 

reviewed here. First, a November 18, 

2002 memorandum (‘‘2002 Base Year 

Emission Inventory SIP Planning: 8-hr 

Ozone, PM2.5 and Regional Haze 

Programs,’’ memorandum from Lydia N. 

Wegman, Director, Air Quality 

Strategies and Standards Division, and 

Peter Tsirigotis, Director, Emissions, 

Monitoring, and Analysis Division) 

established 2002 as the base year to be 

used in the current round of ozone, fine 

particulates (PM2.5), and haze control 

planning. Second, SIP emissions 

inventory guidance, including guidance 

specific to the base year emissions, is 

given in an August 2005 EPA guidance 

document, (‘‘Emissions Inventory 

Guidance for Implementation of Ozone 

and Particulate Matter National 

Ambient Air Quality Standards 

(NAAQS) and Regional Haze 

Regulations,’’ EPA–454/R–05–001). 

On March 26, 2007, IDEM submitted 

documentation of 2002 statewide 

emissions of VOC, NOX, and CO in 

response to an EPA request for the 

documentation of the base year 

emissions. The 2002 statewide 

emissions, documented by county, were 

prepared to comply with EPA’s 

Consolidated Emissions Reporting Rule 

(CERR), published on June 10, 2002 (67 

FR 39602) (40 CFR part 51 subparts A 

and Q). Also included with the March 

26, 2007, submittal was a compact disk 

containing detailed emissions data, 

including input data used to calculate 

the emissions. 

Emissions contained in the March 26, 

2007, submittal cover the general source 

categories of point sources, area sources, 

on-road mobile sources, non-road 

mobile sources, and biogenic sources. 

All emission summaries were 

accompanied by source-specific 

descriptions of emission calculation 

procedures and sources of input data, 

along with sample calculations for 

various counties in the State. 

To determine point source emissions, 

the State relied on data collected from 

source facilities complying with the 

State’s annual emissions reporting 

requirements, 326 IAC 2–6. Major 

sources of any criteria pollutant located 

anywhere in the State of Indiana are 

required to annually submit to the State 

data specifying their annual emissions 

of criteria pollutants along with 

seasonal source activity information to 

allow the calculation of seasonal 

emissions. Emissions for any particular 

year are to be reported by April 15th of 

the following year. In Elkhart, Floyd, 

Lake, Marion, Porter, St. Joseph, and 

Vanderburgh Counties, sources with the 

potential to emit more than 10 tons per 

year of VOC or NOX must report 

annually. In other portions of the State, 

the reporting source size emissions 

cutoff is 100 tons per year. 

Point source emissions reporting 

submittals are checked by IDEM to 

assure completeness. If the data are 

determined to be complete, the 

emissions data are loaded into the 

State’s emissions database. IDEM also 

reviews the data for quality assurance, 

and, if needed, sources are requested to 

correct the data. After completing data 

quality assurance, the point source data 

are submitted to EPA for incorporation 

into the NEI, as required by the CERR. 

The March 26, 2007, submittal 

includes VOC, NOX, and CO emissions 

for each reporting facility statewide. The 

supplied data files document a number 

of source-specific data used to 

determine the emissions. 

Area source emissions were 

calculated using a variety of information 

sources and guidance from EPA. A 

primary source of calculation 

procedures and applied guidance was 

EPA’s Emission Inventory Improvement 

Program. Where appropriate, point 

source emissions were subtracted from 

the calculated area source emissions to 

account for source coverage overlap 

with the reported point source 

emissions and to avoid double counting 

of emissions in the emissions totals. The 

documentation supplied in the March 

26, 2007, submittal shows how the 

county-specific emissions were 

calculated for each area source category. 

County-specific source surrogates and 

associated emission factors were 

generally used to calculate countyspecific emissions. Samples of area 

source emission calculations were 

provided for selected Counties. Area 

source emissions for all 92 Indiana 

Counties were documented in the 

March 26, 2007, submittal and in the 

data files included in the accompanying 

data disk. 

The base year emission inventory 

documentation included a detailed 

description of the procedures and input 

data used to determine the mobile 

source emissions for Lake and Porter 

Counties for 2002. The emissions 

submittal documents the mobile source 

VOC, CO, and NOX emissions for each 

of the counties in the State. The March 

26, 2007, submittal notes that the 

mobile source emissions for Lake and 

Porter Counties were derived by the 

Northwest Indiana Regional Planning 

Commission, whereas, the mobile 

source emissions for all other counties 

were obtained from EPA’s NEI. 

Non-road mobile source VOC, NOX, 

and CO emissions for 2002 were 

generated by the National Mobile 

Inventory Model. To update and quality 

assure the emissions for locomotives, 

commercial and recreational marine 

sources, and off-road mobile equipment 

sources, LADCO contracted with several 

consultants to update source population 

and distribution levels. Summaries of 

the consultants’ results and 

recommended emissions changes were 

included in the March 26, 2007, 

submittal. This submittal documented 

non-road mobile VOC, NOX, and CO 

emissions by county for all 92 Counties 

in Indiana. 

Biogenic VOC, NOX, and CO 

emissions for 2002 were taken directly 

from the NEI for each county in Indiana. 

The March 26, 2007, submittal 

documents 2002 VOC, CO, and NOX

emissions for each Indiana county in 

units of tons per year and tons per 

summer day. The 2002 summer day 

emissions of VOC, NOX, and CO for 

Lake and Porter Counties are 

summarized in Table 12. 


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12112 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Proposed Rules 

13Although CO emissions were included in the 

2002 emissions documentation submitted on March 

26, 2007, CO emissions play a minimal role in the 

formation of ground-level ozone. As such, we are 

not including CO emissions in the 2002 emissions 

inventory proposed for approval as a revision of the 

Indiana SIP. 

TABLE 12—2002 OZONE PRECURSOR EMISSIONS IN LAKE AND PORTER COUNTIES, INDIANA

[Tons per Summer Day] 

Source category VOC NOX CO 

Lake County: 

Point .................................................................................................................................................................... 19 .88 106 .33 466 .11 

Area .................................................................................................................................................................... 24 .78 4 .37 3 .93 

On-Road Mobile ................................................................................................................................................. 15 .35 40 .15 186 .39 

Non-Road Mobile ................................................................................................................................................ 20 .18 28 .82 176 .98 

Biogenic .............................................................................................................................................................. 18 .59 0 .79 1 .91 

Total ............................................................................................................................................................. 98 .78 180 .46 835 .32 

Porter County: 

Point .................................................................................................................................................................... 4 .70 80 .11 405 .01 

Area .................................................................................................................................................................... 7 .49 1 .35 1 .35 

On-Road Mobile ................................................................................................................................................. 4 .85 14 .95 63 .66 

Non-Road Mobile ................................................................................................................................................ 12 .80 11 .37 73 .19 

Biogenic .............................................................................................................................................................. 15 .15 0 .63 1 .63 

Total ............................................................................................................................................................. 44 .99 108 .41 544 .84 

The 2002 emissions for Lake and 

Porter Counties were the primary source 

of emissions data used to project the 

attainment year (2006) and maintenance 

period (2010 and 2020) VOC and NOX

emissions discussed in the State’s June 

5, 2009, ozone redesignation request, 

which was subject to public hearing. 

Since this ozone redesignation request 

and ozone maintenance plan, including 

the 2002 VOC and NOX emission totals 

for Lake and Porter Counties, were 

discussed during a public hearing, we 

believe that the 2002 base year VOC and 

NOX emissions for Lake and Porter 

Counties have been addressed by a 

public hearing. The March 26, 2007, 

documentation of the 2002 VOC and 

NOX emissions inventory was included 

as an appendix of the June 5, 2009, 

ozone redesignation request 

documentation. 

We find the documentation of the 

2002 VOC, NOX, and CO emissions to be 

acceptable, and we are proposing here 

to approve the 2002 VOC and NOX

emissions inventories for Lake and 

Porter Counties as a revision of the 

Indiana SIP.13

VIII. What Are EPA’s Proposed 

Actions? 

The State of Indiana has submitted 

acceptable 2002 VOC and NOX emission 

inventories for Lake and Porter 

Counties. Therefore, EPA is proposing 

to approve these emission inventories as 

a revision of Indiana’s ozone SIP 

pursuant to section 182(a)(1) of the 

CAA. 

EPA has evaluated Indiana’s ozone 

redesignation request and has 

determined that it meets the 

redesignation criteria of section 

107(d)(3)(E) of the CAA. Therefore, EPA 

is proposing to approve Indiana’s ozone 

redesignation request for Lake and 

Porter Counties for the 1997 eight-hour 

ozone NAAQS. Final approval of the 

redesignation request would change the 

official designation of Lake and Porter 

Counties for the 1997 eight-hour ozone 

NAAQS, found at 40 CFR part 81, from 

nonattainment to attainment. 

Finally, EPA is proposing to approve 

Indiana’s ozone maintenance plan for 

Lake and Porter Counties as a revision 

of the Indiana ozone SIP because it 

meets the requirements of section 175A 

of the CAA. Final approval would thus 

incorporate into the Indiana SIP a plan 

for maintaining the 1997 eight-hour 

ozone NAAQS through 2020. The 

maintenance plan includes contingency 

measures to remedy possible future 

violations of the 1997 eight-hour ozone 

NAAQS, and establishes MVEBs of 10.5 

tons per day for VOC and 40.6 tons per 

day for NOX for 2010 and 6.0 tons per 

day for VOC and 12.6 tons per day for 

NOX for 2020. EPA is proposing to find 

adequate and approve these MVEBs. 

IX. Statutory and Executive Order 

Reviews 

Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, September 30, 1993), this action 

is not a ‘‘significant regulatory action’’ 

and, therefore, is not subject to review 

by the Office of Management and 

Budget. 

Paperwork Reduction Act 

This proposed 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.). 

Regulatory Flexibility Act 

This proposed action merely proposes 

to approve 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 CAA 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 proposes to approve 

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 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 


srobinson on DSKHWCL6B1PROD with PROPOSALS2
Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Proposed Rules 12113 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Redesignation is an 

action that merely affects the status of 

a geographical area, does not impose 

any new requirements on sources, or 

allows a state to avoid adopting or 

implementing other requirements, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed 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 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This proposed 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. 

Executive Order 13211: Actions 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). 

National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTA), 15 U.S.C. 272, 

requires Federal agencies to use 

technical standards that are developed 

or adopted by voluntary consensus to 

carry out policy objectives, so long as 

such standards are not inconsistent with 

applicable law or otherwise 

impracticable. In reviewing program 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. Absent a prior 

existing requirement for the state to use 

voluntary consensus standards, EPA has 

no authority to disapprove a program 

submission for failure to use such 

standards, and it would thus be 

inconsistent with applicable law for 

EPA to use voluntary consensus 

standards in place of a program 

submission that otherwise satisfies the 

provisions of the CAA. 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: February 25, 2010. 

Walter W. Kovalick, Jr., 

Acting Regional Administrator, Region 5. 

[FR Doc. 2010–5112 Filed 3–11–10; 8:45 am] 

BILLING CODE 6560–50–P 


srobinson on DSKHWCL6B1PROD with PROPOSALS2