[Federal Register Volume 74, Number 198 (Thursday, October 15, 2009)]
[Rules and Regulations]
[Pages 52891-52894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24695]



[[Page 52891]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0120; FRL-8968-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Carbon Monoxide Maintenance Plan Updates; Limited Maintenance 
Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Indiana Department of Environmental Management (IDEM) 
submitted Carbon Monoxide (CO) ``Limited Maintenance Plan'' updates for 
Lake and Marion Counties on January 12, 2009. These Limited Maintenance 
Plans demonstrate continued attainment of the CO National Ambient Air 
Quality Standard (NAAQS) for Lake and Marion counties for an additional 
ten years. EPA is, therefore, approving it into Indiana's State 
Implementation Plan (SIP).

DATES: This direct final rule will be effective December 14, 2009, 
unless EPA receives adverse comments by November 16, 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-2009-0120, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#80edefefeee5f9aeeaefe8eec0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="d4b9bbbbbab1adfabebbbcba94b1a4b5fab3bba2">[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-
2009-0120. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or e-mail. 
The 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 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 
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 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 Charles Hatten, Environmental Engineer, 
at (312) 886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, 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) 886-6031, 
<a href="/cdn-cgi/l/email-protection#224a435656474c0c414a43504e4751624752430c454d54"><span class="__cf_email__" data-cfemail="b9d1d8cdcddcd797dad1d8cbd5dccaf9dcc9d897ded6cf">[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. Why did the State make this submittal to EPA?
II. What is a Limited Maintenance Plan?
III. What is EPA's analysis of the submittal?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Why did the State make this submittal to EPA?

    On December 21, 1999, the State of Indiana submitted redesignation 
requests and limited CO maintenance plans for the Lake County (East 
Chicago) and Marion County (Indianapolis) CO nonattainment areas. EPA 
subsequently approved the redesignation request and limited maintenance 
plans for CO attainment in Lake and Marion Counties on January 19, 2000 
(65 FR 2883).
    Section 175A of the Clean Air Act (CAA) sets forth the elements of 
a maintenance plan for areas seeking redesignation from nonattainment 
to attainment. The plan must demonstrate continued attainment of the 
applicable NAAQS for at least ten years after EPA approves a 
redesignation to attainment. Eight years after the redesignation, the 
State must submit a revised maintenance plan which demonstrates 
attainment for the ten years following the initial ten year period.
    As part of the original redesignation request and limited CO 
maintenance plan, IDEM committed to review, and revise its limited 
maintenance plan eight years after the areas were redesignated to 
attainment of the CO standard, as required by section 175A(b) of the 
CAA. On January 12, 2009, Indiana satisfied its commitment by 
submitting a revision to its SIP to update the limited CO maintenance 
plans for both the Lake County and Marion County CO attainment areas. 
The update to the limited CO maintenance plan for Lake County and 
Marion County supplements, and does not replace, the original approved 
maintenance plans. The commitments in the approved maintenance plans 
continue to apply for a second 10 year period.

A. Has public notice been provided?

    Indiana published a public notice on November 19, 2008, for the 
limited maintenance plan update for the Lake and Marion Counties CO 
attainment areas. No public comments were received during the 30-day 
comment period ending on December 19, 2008.

[[Page 52892]]

B. Geographic Boundaries

    The CO maintenance areas are much smaller than Lake County and 
Marion County, respectively. The following is a brief description of 
the two maintenance counties included in this update.
Lake County
    Lake County is located in northwest Indiana. The Lake County CO 
maintenance area is in the City of East Chicago (area bounded by 
Columbus Drive on the north, the Indiana Harbor Canal on the west, 
148th St., if extended, on the south and Euclid Avenue on the east).
Marion County
    Marion County is located in central Indiana, and is part of the 
Indianapolis metropolitan area. However, only a small area located in 
the center of Marion County, bounded by 11th St. on to the north, 
Capitol Avenue to the west, Georgia Street to the south and Delaware to 
the east is classified as maintenance for CO.

II. What is a Limited Maintenance Plan?

    ``Limited Maintenance Plans'' are applicable in certain areas that 
EPA had formerly designated as nonclassifiable and nonattainment for 
CO. As discussed in an October 6, 1995, memorandum entitled ``Limited 
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas,'' 
EPA will consider the maintenance demonstration satisfied if the design 
value (the second highest 8-hour non-overlapping monitored value) is at 
or below 7.65 parts per million (ppm), or 85 percent of the level of 
the eight hour CO NAAQS of 9.0 ppm. The design value must be based on 
eight consecutive quarters of data. For such areas, there is no 
requirement to project emissions of air quality over the maintenance 
period. EPA believes that if the area begins the maintenance period at, 
or below, 85 percent of the CO 8-hour NAAQS, then the applicability of 
Prevention of Significant Deterioration (PSD) requirements, the control 
measures already in the SIP, and Federal measures should provide 
adequate assurance of maintenance over the ten year maintenance period. 
In addition, the design value for the area must continue to be at or 
below 7.65 ppm until the time of final EPA action.
    The core provisions that are required in a limited maintenance plan 
for CO are: an attainment emissions inventory, a maintenance 
demonstration (which is satisfied by the air quality demonstration 
described in the previous paragraph), continued operation of an EPA 
approved CO monitoring network, a contingency plan, and a demonstration 
of transportation conformity. Each of these components has been 
adequately addressed by in IDEM's submittal.

III. What is EPA's Analysis of the submittal?

Attainment/Emission Inventory

    The State is required to develop an attainment emission inventory 
to identify a level of emissions in the area which is sufficient to 
attain the CO NAAQS. In its submittal, IDEM provided a comprehensive 
emission inventory of major sources permitted in Lake and Marion 
Counties from the original maintenance plan's emissions (1997) compared 
to the most recent emissions inventory (2006). The State demonstrated 
that the CO emissions from major sources in Lake County and Marion 
County have decreased by 2,126.86 tons per year, and 22,679.12 tons per 
year, respectively, from 1997 to 2006. This decrease can be attributed 
to a number of factors, including Federally mandated programs, closings 
of permitted stationary sources, and source-specific operating 
provisions.
    By opting to comply with the requirements of the limited 
maintenance plan option, IDEM is not required to project CO emissions 
for Lake and Marion Counties as part of the updates to these limited 
maintenance plans.

Maintenance Demonstration

    To qualify for the limited CO maintenance plan option, the CO 
design value for the area (the second highest eight hour non-
overlapping monitored value), based on eight consecutive quarters (2 
years of data) must be at or below, 7.65 ppm, or 85 percent of the 
level of the eight hour CO NAAQS. To assess whether the area meets the 
applicability cutoff for the limited maintenance plan, a separate 
design value must be developed for every monitoring site. The highest 
of these design values is the design value for the whole area.
    In Lake County, there is one monitoring site collecting CO data for 
maintenance of the CO NAAQS located at the East Chicago Post Office. 
The 2007 eight hour CO design value for the monitor in Lake County area 
is 3.0 ppm.
    In Marion County, there are two CO monitoring sites in operation, 
one located at 50 North Illinois Street, and one at the Naval Avionics 
Center. The 2007 eight hour CO design values for these two monitors are 
3.6 ppm (North Illinois Street), and 2.1 ppm (Naval Avionics Center). 
This makes the Marion County CO maintenance area's design value 3.6 
ppm. The CO design values for Lake and Marion Counties are presented in 
the table below.

                              Current CO Design Value for Lake and Marion Counties
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                                                                                  1st Max    2nd Max     Design
            Site ID                   County           Site name         Year      8-hour     8-hour     value
                                                                                   (ppm)      (ppm)      (ppm)
----------------------------------------------------------------------------------------------------------------
18-089-0001...................  Lake.............  East Chicago.....       2006        3.2        2.4        2.4
18-089-0001...................  Lake.............  East Chicago.....       2007        3.1        3.0        3.0
18-097-0072...................  Marion...........  50 North Illinois       2006        2.1        2.0        2.4
18-097-0072...................  Marion...........  50 North Illinois       2007        4.3        3.6        3.6
18-097-0073...................  Marion...........  Naval Avionics          2006        2.3        2.1        2.1
                                                    Center.
18-097-0073...................  Marion...........  Naval Avionics          2007        2.3        2.0        2.1
                                                    Center.
----------------------------------------------------------------------------------------------------------------

    The eight hour design values from the AIRS (Aerometric 
Information Retrieval System) Quick Look data report were examined 
for Lake County and Marion County and have not exceeded the 7.65 ppm 
level for the 1998 to 2007 time interval.
    Current data in AIRS for 2008 show that the CO monitoring values 
for Lake County and Marion County continue to be below 7.65 ppm. See 
table below.

[[Page 52893]]



                         Current CO Ambient Monitoring Data for Lake and Marion Counties
----------------------------------------------------------------------------------------------------------------
                                                                                             1st Max    2nd Max
              Site ID                       County               Site name          Year      8-hour     8-hour
                                                                                              (ppm)      (ppm)
----------------------------------------------------------------------------------------------------------------
18-089-0001.......................  Lake.................  East Chicago........       2008        3.3        3.0
18-097-0072.......................  Marion...............  50 North Illinois...       2008        3.2        2.1
18-097-0073.......................  Marion...............  Naval Avionics             2008        1.3        1.2
                                                            Center.
----------------------------------------------------------------------------------------------------------------

    EPA also examined at CO monitoring data for 2009. While this 
data has yet to be quality assured, it shows CO levels continue to 
be low for Lake County and Marion County.
    Based on ambient air monitoring date, Lake and Marion Counties 
are eligible to update their maintenance plan under the limited 
maintenance plan policy. IDEM will continue to maintain a continuous 
CO monitoring network, meeting the requirements of 40 CFR Part 58, 
that provides adequate coverage to verify continued compliance with 
the CO NAAQS.

IV. What action is EPA taking?

    EPA is approving a SIP revision request submitted by the State 
of Indiana. This SIP revision meets the requirements for a second 
ten year limited CO maintenance plan for Lake County and Marion 
County, Indiana. The SIP revision supplements the current approved 
limited CO maintenance plans for Lake County and Marion County, and 
continues to demonstrate maintenance of the CO NAAQS for an 
additional ten years.
    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 
December 14, 2009 without further notice unless we receive relevant 
adverse written comments by November 16, 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. The 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 December 14, 
2009.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to 
approve a SIP submission that complies with the provisions of the 
Act 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 
Clean Air Act. 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 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 December 14, 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, Carbon monoxide, 
Incorporation by reference, and Intergovernmental relations.

    Dated: September 29, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40 
of the Code of Federal Regulations 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 52.785 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.785  Control Strategy: Carbon Monoxide.

* * * * *
    (c) Approval--The Indiana Department of Environmental Management 
(IDEM) submitted Carbon Monoxide (CO) Limited Maintenance Plan Updates 
for Lake and Marion Counties on January 12, 2009. The updated Limited 
Maintenance Plans

[[Page 52894]]

demonstrate attainment of the CO National Ambient Air Quality Standard 
(NAAQS) for Lake and Marion Counties for an additional ten years.
[FR Doc. E9-24695 Filed 10-14-09; 8:45 am]
BILLING CODE 6560-50-P


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