[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Rules and Regulations]
[Pages 48659-48662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22922]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0293; FRL-8961-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Lead (Pb) Maintenance Plan Update for Marion County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request submitted by the Indiana Department 
of Environmental Management (IDEM) on April 1, 2009, to revise the 
Indiana State Implementation Plan (SIP) for lead (Pb). The State has 
submitted an update to its Pb maintenance plan for Marion County for 
continued attainment of the 1.5 micrograms per cubic meter ([mu]g/m\3\) 
National Ambient Air Quality Standard (NAAQS) promulgated in 1978. This 
update satisfies section 175A of the Clean Air Act (CAA), and is in 
accordance with EPA's May 10, 2000, approval of the State's 
Redesignation Request and Maintenance Plan for the Marion County Pb 
nonattainment areas. Additionally, this Pb maintenance plan satisfies 
the requirements for maintenance plans contained in the September 4, 
1992, EPA memorandum entitled ``Procedures for Processing Requests to 
Redesignate Areas to Attainment.''

DATES: This direct final will be effective November 23, 2009, unless 
EPA receives adverse comments by October 26, 2009. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0293, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#7e131111101b0750141116103e1b0e1f50191108"><span class="__cf_email__" data-cfemail="f9949696979c80d793969197b99c8998d79e968f">[email protected]</span></a>.
    3. Fax: (312) 692-2551.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office 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-
2009-0293. 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 or viruses.
    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

[[Page 48660]]

material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays. We recommend that you telephone Andy Chang, 
Environmental Engineer, at (312) 886-0258 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-0258, <a href="/cdn-cgi/l/email-protection#a9cac1c8c7ce87c8c7cdd0e9ccd9c887cec6df"><span class="__cf_email__" data-cfemail="0a69626b646d246b646e734a6f7a6b246d657c">[email protected]</span></a>.

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

I. Background
    A. Why did the State make this submittal?
    B. Did the State hold public hearings for the maintenance plan 
update?
II. What criteria is EPA using to evaluate this submittal?
III. What is EPA's analysis of this submittal?
    A. Requirements of Section 175A of the CAA
    B. Consistency With the September 4, 1992, Memorandum
    1. Emissions Inventory
    2. Maintenance Demonstration
    3. Monitoring Network
    4. Verification of Continued Attainment
    5. Contingency Plan
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Background

A. Why did the State make this submittal?

    On November 6, 1991, EPA designated a portion of Franklin Township 
in Marion County as a primary nonattainment area for Pb under section 
107 of the CAA (56 FR 56694). On the same date, EPA designated a 
portion of Wayne Township in Marion County as an unclassifiable area 
for Pb.
    On March 2, 2000, IDEM submitted a Redesignation Request and 
Maintenance Plan for the Marion County nonattainment areas. IDEM's 
submittal included ambient monitoring data showing that the areas met 
the 1978 Pb NAAQS for the prior three years, air quality improvements 
that could be attributed to reductions in Pb emissions which are 
permanent and enforceable, and a maintenance plan that assured 
continued attainment of the standard. As a result, on May 10, 2000 (65 
FR 114223), EPA approved the request.
    The State's updated maintenance plan satisfies the requirements of 
section 175A(b) of the CAA, which mandates that the State shall submit 
an additional revision to the maintenance plan eight years after 
redesignation of any area as an attainment area. It is also consistent 
with the requirements for maintenance plan elements outlined in a 
September 4, 1992, memorandum from the Director of EPA's Air Quality 
Management Division, entitled ``Procedures for Processing Requests to 
Redesignate Areas to Attainment.'' The State submitted the updated 
maintenance plan to EPA on April 1, 2009, and supplemented its 
submittal with two technical addenda on June 5, 2009, and July 6, 2009.

B. Did the State hold public hearings for the maintenance plan update?

    Public notice was given on February 20, 2009, in the Indianapolis 
Star News.

II. What criteria is EPA using to evaluate this submittal?

    In addition to the general requirements in section 175A of the CAA, 
guidance for maintenance plans and maintenance plan updates are 
provided in the September 4, 1992, memorandum, which states that the 
following five components need to be addressed: Attainment Inventory, 
Maintenance Demonstration, Monitoring Network, Verification of 
Continued Attainment, and Contingency Plan.

III. What is EPA's analysis of this submittal?

A. Requirements of Section 175A of the CAA

    Section 175A contains four subsections pertaining to maintenance 
plans. Section 175A(a) establishes requirements for initial SIP 
redesignation request maintenance plans, as addressed in EPA's May 10, 
2000 approval of the Indiana plan. Section 175A(b) requires states to 
submit an update to the maintenance plan eight years following the 
original redesignation to attainment, and IDEM has satisfied the 
requirements of this element with its current submittal. It also 
requires that within this update, the State must outline methods for 
maintaining the pertinent NAAQS for ten years after the expiration of 
the ten-year period referred to in subsection (a), i.e., Indiana's 
maintenance plan update must outline methods for maintaining the 1.5 
[mu]g/m\3\ Pb NAAQS through 2020. In a June 5, 2009, technical 
addendum, Indiana provided Pb emissions projections that satisfy this 
requirement. Section 175A(c) does not apply to this rulemaking, given 
that EPA has previously redesignated Marion County to attainment for 
Pb. The contingency provisions requirements outlined in section 175A(d) 
will be addressed in detail in Section B5, below.

B. Consistency With the September 4, 1992, Memorandum

    As discussed above, EPA's interpretation of section 175A of the CAA 
is contained in the September 4, 1992, memorandum. Indiana has 
addressed the five major elements of that policy, as follows:
1. Emissions Inventory
    The State is required to develop an attainment emissions inventory 
to identify a level of emissions in the area which is protective of the 
1.5 [mu]g/m\3\ Pb NAAQS. In its submittal, IDEM provided a 
comprehensive emissions inventory of major and minor permitted sources 
in Marion County for the base year and attainment year (1996) compared 
to the most recent emissions inventory (2007). The State demonstrated 
that annual Pb emissions in Marion County from permitted sources have 
decreased by over 1.78 tons (61.58%) from 1996 to 2007. This decrease 
can be attributed to a number of factors, including Federally mandated 
programs, the closings of permitted stationary sources, and source-
specific operating provisions. Additionally, the State demonstrated 
that the actual 2007 emissions were 2.032 tons less than the projected 
2010 emissions. The State has satisfied the attainment inventory 
requirement for maintenance plan updates.
2. Maintenance Demonstration
    The State may generally demonstrate maintenance of the 1.5 [mu]g/
m\3\ Pb NAAQS by either showing that future Pb emissions will not 
exceed the level of the attainment inventory, or by modeling to show 
that the future mix of sources and emission rates will not cause a 
violation of the Pb NAAQS. The demonstration should be for a period of 
ten years following the redesignation, i.e., until 2020 for the 
maintenance plan update.
    In its submittal, IDEM showed, using ambient monitoring data 
collected between 1999 and 2008, that the County is meeting the 1.5 
[mu]g/m\3\ Pb NAAQS, which is based on a quarterly average. The highest 
quarterly average in this

[[Page 48661]]

time period was less than 0.20 [mu]g/m\3\, which equates to 13% of the 
1.5 [mu]g/m\3\ Pb NAAQS. Pb emissions are expected to decrease from 
2.897 tons per year in 1996 to 0.63 tons per year in 2020. As 1996 was 
the base year for attainment with an emissions inventory of 2.897 tons, 
any projected emissions below that level will also lead to attainment. 
Therefore, the State has satisfied the maintenance demonstration 
requirement for maintenance plan updates.
3. Monitoring Network
    Once an area has been redesignated, the State should continue to 
operate an appropriate air quality monitoring network, in accordance 
with 40 CFR Part 58, to verify the attainment status of the area. In 
its submittal, IDEM specifically identifies two monitoring sites 
located in Marion County, which are Air Quality Systems (AQS) I.D. 18-
097-0063 (7601 Rockville Road) and AQS I.D. 18-097-0076 (230 South 
Girls School Road). The monitors have been in operation since January 
1, 1984, and May 6, 1991, respectively. IDEM commits to continue 
monitoring Pb in these areas to ensure that Pb concentrations remain 
well below the 1.5 [mu]g/m\3\ Pb NAAQS. Furthermore, IDEM commits to 
consult with EPA should changes to the existing monitoring network be 
needed. The State has satisfied the monitoring network requirements for 
the maintenance plan update.
4. Verification of Continued Attainment
    The State should ensure that it has the legal authority to 
implement and enforce all measures necessary to attain and to maintain 
the NAAQS. One such measure for maintaining the NAAQS is the 
acquisition of ambient and source emission data to demonstrate 
attainment and maintenance.
    IDEM has included quality-assured data in its submittal in 
accordance with 40 CFR 58.10 (Supbart B--Monitoring Network) and the 
Indiana Quality Assurance Manual. The data were found to be valid, and 
was recorded in the AQS database, which is available to the public. 
IDEM commits to continue its quality assurance and validation processes 
in accordance with 40 CFR Part 58 and the Indiana Quality Assurance 
Manual. Furthermore, the State commits to enter all data in the AQS 
database in a timely basis in accordance with Federal guidelines. The 
State has satisfied the verification of continued attainment 
requirements for maintenance plan updates.
5. Contingency Plan
    Section 175A(d) of the CAA requires that a maintenance plan include 
contingency provisions, as necessary, to promptly correct any violation 
of the NAAQS that occurs after redesignation of an area. The September 
4, 1992, memorandum further requires that the contingency provisions 
identify the measures to be adopted, a schedule and procedure for 
adoption and implementation, and a specific time limit for action by 
the State.
    In its April 1, 2009, submittal, Indiana commits to the same 
contingency measures that EPA previously approved on May 10, 2000 (65 
FR 11423). In a July 6, 2009, technical memorandum, the State added one 
new trigger and associated timeline for contingency measures: if the 
State determines that Pb levels and emissions are increasing and action 
is necessary to reverse that trend, IDEM will implement any necessary 
contingency measures within 18 months of the monitoring data being 
submitted to EPA's AQS database. The State has satisfied the 
contingency plan requirements pursuant to section 175A(d) of the CAA as 
well as those of the September 4, 1992, memorandum.

IV. What action is EPA taking?

    We are approving this update to the Pb maintenance plan for Marion 
County. The State of Indiana has complied with requirements of section 
175A of the CAA, as interpreted by the guidance provided in the 
September 4, 1992, memorandum. Indiana has shown through its submittal 
that Pb emissions in Marion County have remained well under the level 
of the 1.5 [mu]g/m\3\ NAAQS, and that they are expected to remain so 
until at least 2020.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the Proposed Rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective November 23, 
2009 without further notice unless we receive relevant adverse written 
comments by October 23, 2009. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period; therefore, any parties interested in commenting on this action 
should do so at this time. If we do not receive any comments, this 
action will be effective November 23, 2009.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
    <bullet> Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is

[[Page 48662]]

not approved to apply in Indian country located in the state, and EPA 
notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 23, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements.

    Dated: September 14, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart P--Indiana

0
2. Section 52.797 is amended by adding paragraph (e) to read as 
follows:


Sec.  52.797  Control strategy: Lead.

* * * * *
    (e) On April 1, 2009, Indiana submitted an updated maintenance plan 
under section 175A of the CAA for Marion County for the continued 
attainment of the 1.5 [mu]g/m\3\ lead standard.

[FR Doc. E9-22922 Filed 9-23-09; 8:45 am]
BILLING CODE 6560-50-P


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