Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 51489 

(c) Manufacturers of vehicles 

equipped with periodically regenerating 

trap oxidizer systems must propose a 

procedure for testing and certifying such 

vehicles including SFTP testing for the 

review and approval of the 

Administrator. The manufacturer must 

submit its proposal before it begins any 

service accumulation or emission 

testing. The manufacturer must provide 

with its submittal, sufficient 

documentation and data for the 

Administrator to fully evaluate the 

operation of the trap oxidizer system 

and the proposed certification and 

testing procedure. 

(d) The provisions of paragraph (a) 

and (b) of this section also apply to 

MDPVs. 

■ 26. Section 86.1844–01 is amended by 

adding paragraph (d)(17) to read as 

follows: 

§ 86.1844–01 Information requirements: 

Application for certification and submittal of 

information upon request. 

* * * * * 

(d) * * * 

(17) The name of an agent for service 

of process located in the United States. 

Service on this agent constitutes service 

on you or any of your officers or 

employees for any action by EPA or 

otherwise by the United States related to 

the requirements of this part. 

* * * * * 

[FR Doc. E6–14429 Filed 8–29–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2006–0399; FRL–8214–5] 

Determination of Attainment, Approval 

and Promulgation of Implementation 

Plans and Designation of Areas for Air 

Quality Planning Purposes; Indiana; 

Redesignation of Allen County 8-hour 

Ozone Nonattainment Area to 

Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On May 30, 2006, the State of 

Indiana, through the Indiana 

Department of Environmental 

Management (IDEM), submitted, in 

final: A request to redesignate the 8- 

hour ozone National Ambient Air 

Quality Standard (NAAQS) 

nonattainment area of Allen County, 

Indiana, to attainment for the 8-hour 

ozone NAAQS; and a request for EPA 

approval of an Indiana State 

Implementation Plan (SIP) revision 

containing a 14-year maintenance plan 

for Allen County. Today, EPA is making 

a determination that the Allen County, 

Indiana ozone nonattainment area has 

attained the 8-hour ozone NAAQS. This 

determination is based on three years of 

complete, quality-assured ambient air 

quality monitoring data for the 2003–

2005 ozone seasons that demonstrate 

that the 8-hour ozone NAAQS has been 

attained in the area. EPA is also 

approving the request to redesignate the 

area to attainment for the 8-hour ozone 

standard and the State’s maintenance 

plan. EPA’s approval of the 8-hour 

ozone redesignation request is based on 

its determination that Allen County, 

Indiana has met the criteria for 

redesignation to attainment specified in 

the Clean Air Act (CAA). EPA is also 

approving, for purposes of 

transportation conformity, the motor 

vehicle emission budgets (MVEBs) for 

the year 2020 that are contained in the 

14-year 8-hour ozone maintenance plan 

for Allen County. 

DATES: This rule is effective on October 

30, 2006, unless EPA receives adverse 

written comments by September 29, 

2006. If EPA receives adverse 

comments, EPA will publish a timely 

withdrawal of the rule in the Federal 

Register and inform the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2006–0399, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: mooney.john@epa.gov. 

• Fax: (312) 886–5824. 

• Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

• Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, (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–2006–

0399. 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 email 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. 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 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 legal 

holidays. We recommend that you 

telephone Steven Rosenthal, 

Environmental Engineer, at (312) 886–

6052 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6052, 

Rosenthal.steven@epa.gov. 


jlentini on PROD1PC65 with RULES
51490 Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What Should I Consider as I Prepare My 

Comments for EPA? 

II. What Actions Are EPA Taking? 

III. What Is the Background for These 

Actions? 

IV. What Are the Criteria for Redesignation? 

V. Why Is EPA Taking These Actions? 

VI. What Is EPA’s Analysis of the Request? 

VII. Has Indiana Adopted Acceptable Motor 

Vehicle Emissions Budgets for the End of 

the 14-Year Maintenance Plan Which 

Can Be Used To Support Conformity 

Determinations? 

VIII. What Is the Effect of EPA’s Actions? 

IX. Statutory and Executive Order Reviews. 

I. What Should I Consider as I Prepare 

My Comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI). In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

B. Tips for Preparing Your Comments. 

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—The 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 that 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. 

II. What Actions Are EPA Taking? 

EPA is taking several related actions. 

EPA is making a determination that the 

Allen County nonattainment area has 

attained the 8-hour ozone standard. EPA 

is also approving the State’s request to 

change the legal designation of the 

Allen County area from nonattainment 

to attainment for the 8-hour ozone 

NAAQS. EPA is also approving 

Indiana’s maintenance plan SIP revision 

for Allen County (such approval being 

one of the CAA criteria for redesignation 

to attainment status). The maintenance 

plan is designed to keep Allen County 

in attainment for ozone for the next 14 

years, through 2020. In addition, and 

supported by and consistent with the 

ozone maintenance plan, EPA is 

approving the 2020 VOC and NOX

MVEBs for Allen County for 

transportation conformity purposes. 

These actions pertain to the 

designation of Allen County for the 8- 

hour ozone standard and to the 

emission controls in this area related to 

attainment and maintenance of the 8- 

hour ozone NAAQS. The emissions of 

concern are VOC and NOX. If you own 

or operate a VOC or NOX emission 

source in Allen County or live in this 

area, this rule may apply to you. It may 

also apply to you if you are involved in 

transportation planning or 

implementation of emission controls in 

this area. 

III. What Is the Background for These 

Actions? 

Ground-level ozone is not emitted 

directly by sources. Rather, emissions of 

nitrogen oxides (NOX) and volatile 

organic compounds (VOC) react in the 

presence of sunlight to form groundlevel ozone. NOX and VOC are referred 

to as precursors of ozone. 

The CAA required EPA to designate 

as nonattainment any area that was 

violating the 8-hour ozone NAAQS 

based on the three most recent years 

(2001–2003) of air quality data. The 

Federal Register notice making these 

designations was signed on April 15, 

2004, and published on April 30, 2004, 

(69 FR 23857). The CAA contains two 

sets of provisions—subpart 1 and 

subpart 2— that address planning and 

control requirements for nonattainment 

areas. (Both are found in title I, part D.) 

Subpart 1 (which EPA refers to as 

‘‘basic’’ nonattainment) contains 

general, less prescriptive, requirements 

for nonattainment areas for any 

pollutant—including ozone—governed 

by a NAAQS. Subpart 2 (which EPA 

refers to as ‘‘classified’’ nonattainment) 

provides more specific requirements for 

ozone nonattainment areas. Some areas 

are subject only to the provisions of 

subpart 1. Other areas are also subject to 

the provisions of subpart 2. Under 

EPA’s 8-hour ozone implementation 

rule, signed on April 15, 2004, an area 

was classified under subpart 2 based on 

its 8-hour ozone design value (i.e., the 

3-year average annual fourth-highest 

daily maximum 8-hour average ozone 

concentration), if it had a 1-hour design 

value at or above 0.121 ppm (the lowest 

1-hour design value in Table 1 of 

subpart 2). All other areas are covered 

under subpart 1, based upon their 8- 

hour design values. Allen County was 

originally designated as an 8-hour ozone 

nonattainment area by EPA on April 30, 

2004, (69 FR 23857). The 2004 

classification for Allen County as a 

subpart 1 8-hour ozone nonattainment 

area was based on air quality monitoring 

data from 2001–2003. 

Control requirements are linked to 

each classification. Areas with more 

serious ozone pollution are subject to 

more prescribed requirements. The 

requirements are designed to bring areas 

into attainment by their specified 

attainment dates. The control 

requirements and dates by which 

attainment needs to be achieved vary 

with the area’s classification. For 

example, marginal areas are subject to 

the fewest mandated control 

requirements and have the earliest 

attainment date. Under EPA regulations 

at 40 CFR part 50, the 8-hour ozone 

standard is attained when the 3-year 

average of the annual fourth-highest 

daily maximum 8-hour average ozone 

concentrations (i.e., 0.084 ppm) is less 

than or equal to 0.08 ppm. (See 69 FR 

23857 (April 30, 2004) for further 

information). The data completeness 

requirement is met when the average 

percent of days with valid ambient 

monitoring data is greater than 90 

percent, and no single year has less than 

75 percent data completeness as 

determined in Appendix I of part 50. 

On May 30, 2006, Indiana submitted 

a request for redesignation to attainment 

for the 8-hour ozone standard for Allen 

County. The redesignation request 

included three years of complete, 

quality-assured data for the period of 

2003 through 2005, indicating the 8- 

hour NAAQS for ozone had been 

achieved for the Allen County. The data 

satisfy the CAA requirements when the 

3-year average of the annual fourthhighest daily maximum 8-hour average 

ozone concentration is less than or 


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Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 51491 

equal to 0.08 ppm. Under the CAA, 

nonattainment areas may be 

redesignated to attainment if sufficient 

complete, quality-assured data are 

available for the Administrator to 

determine that the area has attained the 

standard and the area meets the other 

CAA redesignation requirements in 

section 107(d)(3)(E). 

IV. What Are the Criteria for 

Redesignation? 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) allows for redesignation 

providing that: (1) The Administrator 

determines that the area has attained the 

applicable NAAQS; (2) the 

Administrator has fully approved the 

applicable implementation plan for the 

area under section 110(k); (3) the 

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A; and, (5) the state containing such 

area has met all requirements applicable 

to the area under section 110 and part 

D. 

EPA provided guidance on 

redesignation in the General Preamble 

for the Implementation of Title I of the 

CAA Amendments of 1990, on April 16, 

1992 (57 FR 13498), and supplemented 

this guidance on April 28, 1992 (57 FR 

18070). EPA has provided further 

guidance on processing redesignation 

requests in the following documents: 

State Implementation Plans; ‘‘Ozone 

and Carbon Monoxide Design Value 

Calculations’’, Memorandum from 

Bill Laxton, June 18, 1990; 

‘‘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; 

‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, September 4, 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 (TSD’s) 

for Redesignation 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; 

Memorandum from D. Kent Berry, 

Acting Director, Air Quality 

Management Division, to Air Division 

Directors, Regions 1–10, ‘‘Use of 

Actual Emissions in Maintenance 

Demonstrations for Ozone and CO 

Nonattainment Areas,’’ dated 

November 30, 1993. 

‘‘Part D New Source Review (part D 

NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from 

Mary D. Nichols, Assistant 

Administrator for Air and Radiation, 

October 14, 1994; and 

‘‘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. 

V. Why Is EPA Taking These Actions? 

On May 30, 2006, the State submitted 

in final, after an April 18, 2006, public 

hearing, a request to redesignate the area 

to attainment for the 8-hour ozone 

standard. EPA believes that Allen 

County has attained the standard and 

has met the requirements for 

redesignation set forth in section 

107(d)(3)(E). 

VI. WhatI Is EPA’s Analysis of the 

Request? 

EPA is making a determination that 

the Allen County nonattainment area 

has attained the 8-hour ozone standard 

and that all other redesignation criteria 

have been met. The basis for EPA’s 

determination is as follows: 

1. Allen County has attained the 8- 

hour ozone NAAQS: EPA is making a 

determination that Allen County has 

attained the 8-hour ozone NAAQS. For 

ozone, an area may be considered to be 

attaining the 8-hour ozone NAAQS if 

there are no violations, as determined in 

accordance with 40 CFR 50.10 and 

Appendix I, based on three complete, 

consecutive calendar years of qualityassured air quality monitoring data. To 

attain this standard, the 3-year average 

of the fourth-highest daily maximum 8- 

hour average ozone concentrations 

measured at each monitor within an 

area over each year must not exceed 

0.08 ppm. Based on the rounding 

convention described in 40 CFR part 50, 

Appendix I, the standard is attained if 

the design value is 0.084 ppm or below. 

The data must be collected and qualityassured in accordance with 40 CFR part 

58, and recorded in Aerometric 

Information Retrieval System (AIRS). 

The monitors generally should have 

remained at the same location for the 

duration of the monitoring period 

required for demonstrating attainment. 

Indiana submitted ozone monitoring 

data for the April through September 

ozone seasons from 2003 to 2005. This 

data has been quality assured and is 

recorded in AIRS. In its May 30, 2006, 

redesignation request, Indiana certified 

that the Allen County 2003–2005 data is 

accurate. The 4th high averages are 

summarized in Table 1, in which the 

values are in ppm ozone. 

TABLE 1.—4TH HIGH VALUES IN PPM OZONE

Monitor County 2003–2005 2003 2004 2005 

Leo .................................................................................................................. Allen .... 0.083 0.090 0.073 0.086 

Ft. Wayne ....................................................................................................... Allen .... 0.076 0.084 0.069 0.076 


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In addition, as discussed below with 

respect to the maintenance plan, 

Indiana has committed to continue 

monitoring in these areas in accordance 

with 40 CFR part 58. In summary, EPA 

believes that the data submitted by 

Indiana provide an adequate 

demonstration that Allen County has 

attained the 8-hour ozone NAAQS. 

2. Allen County has met all applicable 

requirements under section 110 and 

part D of the CAA and the Area has a 

fully approved SIP under section 110(k) 

for Purposes of Redesignation. 

EPA has determined that Indiana has 

met all applicable SIP requirements for 

Allen County for purposes of 

redesignation under section 110 of the 

CAA (general SIP requirements). EPA 

has also determined that the Indiana SIP 

meets applicable SIP requirements 

under Part D of Title I of the Clean Air 

Act (requirements specific to Subpart 1 

nonattainment areas). Section 

107(d)(3)(E)(v). In addition, EPA has 

determined that the SIP is fully 

approved with respect to all applicable 

requirements for purposes of 

redesignation. Section 107(d)(3)(E)(ii). 

In making these determinations, EPA 

ascertained what requirements are 

applicable to the area and that they are 

fully approved under section 110(k). 

SIPs must be fully approved only with 

respect to applicable requirements. 

a. Allen County has met all applicable 

requirements for purposes of 

redesignation under Section 110 and 

Part D of the CAA. 

The September 4, 1992 Calcagni 

memorandum (see ‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air 

Quality Management Division, 

September 4, 1992) describes EPA’s 

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

Under this interpretation, to qualify for 

redesignation states requesting 

redesignation to attainment must meet 

the relevant CAA requirements that 

come due prior to the submittal of a 

complete redesignation request. See also 

Michael Shapiro memorandum, 

September 17, 1993 and 60 FR 12459, 

12465–66 (March 7, 1995) 

(redesignation of Detroit-Ann Arbor, 

MI). Applicable requirements of the 

CAA that come due subsequent to the 

area’s submittal of a complete 

redesignation request remain applicable 

until a redesignation is approved, but 

are not required as a prerequisite to 

redesignation. Section 175A (c) of the 

CAA. Sierra Club v. EPA, 375 F.3d 537 

(7th Cir. 2004). See also 68 FR 25424, 

25427 (May 12, 2003 (St. Louis NFR) 

General SIP requirements: Section 

110(a)(2) of Title I of the CAA delineates 

the general requirements for a SIP, 

which include enforceable emission 

limitations and other control measures, 

means, or techniques, provisions for the 

establishment and operation of 

appropriate devices necessary to collect 

data on ambient air quality, and 

programs to enforce the limitations. 

General SIP elements and requirements 

are delineated in section 110(a)(2) of 

Title I, part A of the CAA. These 

requirements include, but are not 

limited to, the following: Submittal of a 

SIP that has been adopted by the state 

after reasonable public notice and 

hearing; provisions for establishment 

and operation of appropriate procedures 

needed to monitor ambient air quality; 

implementation of a source permit 

program; provisions for the 

implementation of part C requirements 

(Prevention of Significant Deterioration 

(PSD) and part D requirements (New 

Source Review (NSR) for major new 

sources or major source modifications; 

provisions for air pollution modeling; 

and provisions for public and local 

agency participation in planning and 

emission control rule development. 

Section 110(a)(2)(D) requires that SIPs 

contain certain measures to prevent 

sources in a 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 air pollutants (NOX SIP 

Call, Clean Air Interstate Rule). EPA has 

also found, generally, that states have 

not submitted SIPs under section 

110(a)(1) to meet the interstate transport 

requirements of section 110(a)(2)(D)(i). 

However, the section 110(a)(2)(D) 

requirements for a state are not linked 

with a particular nonattainment area’s 

designation and classification in that 

state. EPA believes that the 

requirements linked with a particular 

nonattainment area’s designation and 

classification are the relevant measures 

to evaluate in reviewing a redesignation 

request. The transport SIP submittal 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area in the state. 

Thus, we do not believe that these 

requirements should be construed to be 

applicable requirements for purposes of 

redesignation. In addition, EPA believes 

that the other section 110 elements not 

connected with nonattainment plan 

submissions and not linked with an 

area’s attainment status are not 

applicable requirements for purposes of 

redesignation. The State will still be 

subject to these requirements after the 

area is redesignated. The section 110 

and part D requirements, which are 

linked with a particular area’s 

designation and classification, are the 

relevant measures to evaluate in 

reviewing a redesignation request. This 

policy is consistent with EPA’s existing 

conformity and oxygenated fuels 

requirements, as well as with section 

184 ozone transport requirements. See 

Reading, Pennsylvania, proposed and 

final rulemakings (61 FR 53174–53176, 

October 10, 1996), (62 FR 24826, May 7, 

1997); Cleveland-Akron-Lorain, Ohio, 

final rulemaking (61 FR 20458, May 7, 

1996); and Tampa, Florida, final 

rulemaking at (60 FR 62748, December 

7, 1995). See also the discussion on this 

issue in the Cincinnati redesignation (65 

FR 37890, June 19, 2000), and in the 

Pittsburgh redesignation (66 FR 50399, 

October 19, 2001) 

EPA believes that section 110 

elements not linked to the area’s 

nonattainment status are not applicable 

for purposes of redesignation. Any 

section 110 requirements that are linked 

to the Part D requirements for 8-hour 

ozone nonattainment areas are not yet 

due, since, as explained below, no Part 

D requirements applicable for purposes 

of redesignation under the 8-hour 

standard are expected to be due prior to 

submission of the redesignation request. 

Therefore EPA believes that the State 

has satisfied the criterion of section 

107(d)(3)(E) regarding section 110 of the 

Act. 

Part D requirements: EPA has also 

determined that the Indiana SIP meets 

applicable SIP requirements under part 

D of the CAA since no such 

requirements are expected to become 

due for the 8-hour ozone standard prior 

to submission of the area’s redesignation 

request. Under part D, an area’s 

classification (marginal, moderate, 

serious, severe, and extreme) indicates 

the 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. 

Because Allen County is a subpart 1 8- 

hour ozone nonattainment area and is 

not classified under subpart 2 of part D 

of the CAA for the 8-hour ozone 

standard, subpart 2 of part D of the CAA 

does not apply to this area. 

Part D, Subpart 1 applicable 

requirements. For purposes of 

evaluating this redesignation request, 

the applicable part D, subpart 1 

requirements for all nonattainment areas 

are contained in section 172(c)(1)–(9). A 

thorough discussion of the requirements 

contained in section 172 can be found 

in the General Preamble for 

Implementation of Title I (57 FR 13498). 

[See also 68 FR 4852–3 in St. Louis NPR 


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Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 51493 

for discussion of section 172 

requirements.] 

It is not anticipated that any 

requirements under part D will become 

due prior to submission of the complete 

redesignation request, and, therefore, 

none is expected to be applicable to the 

area for purposes of redesignation. For 

example, the requirement for an ozone 

attainment demonstration to meet the 

requirement of section 172(c)(1) is not 

yet applicable, nor are the requirements 

for Reasonably available Control 

Measures (RACM) and Reasonably 

Available Control technology (RACT) 

(section 172(c)(1)), Reasonable Further 

progress (RFP) (section 172(c)(2)), and 

contingency measures section 172(c)(9)). 

Since it is expected that Indiana will 

submit a complete ozone redesignation 

request for Allen County prior to the 

deadline for any submissions, we are 

determining that the part D 

requirements do not apply to Allen 

County for purposes of redesignation. In 

addition to the fact that certain Part D 

requirements applicable for purposes of 

redesignation are not expected to be due 

prior to submission of the redesignation 

request, EPA believes it is reasonable to 

interpret the conformity and New 

Source Review requirements as not 

requiring approval prior to 

redesignation. 

Section 176 Conformity Requirements 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure the Federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs and 

projects developed, funded or approved 

under Title 23 U.S.C. and the Federal 

Transit Act (‘‘transportation 

conformity’’) as well as to all other 

Federally supported or funded projects 

(‘‘general conformity’’). State conformity 

revisions must be consistent with 

Federal conformity regulations relating 

to consultation, enforcement and 

enforceability that the CAA required the 

EPA to promulgate. 

EPA believes it is reasonable to 

interpret the conformity requirements as 

not applying for purposes of evaluating 

the redesignation request under section 

107(d) because state conformity rules 

are still required after redesignation and 

federal confomity rules apply where 

state rules have not been approved. See 

Wall v. EPA, 265 F.3d 426 (6th Cir. 

2001), upholding this interpretation. See 

also 60 FR 62748 (December 7, 1995) 

(Tampa, FL) 

EPA has determined that areas being 

redesignated need not comply with the 

requirement that a New Source Review 

program be approved prior to 

redesignation, 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, 

entitled ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ The State 

has demonstrated that the area will be 

able to maintain the standard without 

Part D NSR in effect, and therefore, the 

State need not have a fully approved 

Part D NSR program prior to approval of 

the redesignation request. The State’s 

Prevention of Significant Deterioration 

(PSD) program will become effective in 

the area upon redesignation to 

attainment. Detroit, MI (60 FR 12467–

12468, March 7, 1995); ClevelandAkron-Lorain, OH (61 FR 20458–20469–

70, May 7, 1996); Louisville, KY (66 FR 

53665, 53669, October 23, 2001); Grand 

Rapids, MI (61 FR 31831, 31836–31827, 

June 21, 1996). 

Thus, EPA finds that the area has 

satisfied all 8-hour ozone standard 

requirements applicable for purposes of 

section 107(d)(3)(E) under Part D of the 

CAA. 

b. The area has a fully approved 

applicable SIP for purposes of 

redesignation under section 110(k) of 

the CAA. 

EPA has fully approved the applicable 

Indiana SIP for purposes of 

redesignation for Allen County under 

section 110(k) of the Clean Air Act. EPA 

may rely on prior SIP approvals in 

approving a redesignation request. 

Calcagni Memo, p. 3 Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–90 (6th Cir. 

1998), 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 25426 

(May 12, 2003) and citations therein. 

Following passage of the CAA of 1970, 

Indiana has adopted and submitted and 

EPA has fully approved at various times 

provisions addressing the various SIP 

elements applicable in the Allen County 

area under the one-hour ozone standard. 

As indicated above, EPA believes that 

the section 110 elements not connected 

with nonattainment plan submissions 

and not linked to the area’s 

nonattainment status are not applicable 

requirements for purposes of 

redesignation. EPA also believes that no 

8-hour Part D requirements applicable 

for purposes of redesignation have yet 

come due, and therefore they need not 

be approved into the SIP prior to 

redesignation. 

3. The air quality improvement in 

Allen County is due to permanent and 

enforceable reductions in emissions 

resulting from implementation of the 

SIP and applicable Federal air pollution 

control regulations and other permanent 

and enforceable reductions. EPA 

believes that the State of Indiana has 

demonstrated that the observed air 

quality improvement in Allen County is 

due to permanent and enforceable 

emission reductions resulting from 

implementation of the SIP, Federal 

measures, and other state-adopted 

measures. 

In making this demonstration, the 

State has documented the changes in 

VOC and NOX emissions from all 

anthropogenic (man-made or manbased) sources in Allen County between 

1999 and 2004 and the changes in NOX

emissions from Electric Generating 

Units (EGUs) in Indiana between 1999 

and 2005. Allen County was monitored 

in violation of the 8-hour ozone NAAQS 

in 1999 and in attainment with the 

NAAQS during the period of 2003 

through 2005. The VOC and NOX

emissions for Allen County are given in 

Table 2. 

TABLE 2.—VOC AND NOX EMISSION TRENDS IN ALLEN COUNTY FOR ANTHROPOGENIC SOURCES—EMISSIONS IN TONS/ 

SUMMER DAY

Pollutant 1999 2002 2004 

Percent 

reduction 

2002 to 

2004 

VOC ................................................................................................................................. 68.65 57.16 52.28 8.5 

NOX .................................................................................................................................. 48.87 48.75 44.94 7.8 


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The NOX emissions trends for EGUs 

for the 1999–2005 period in Indiana 

statewide are given in Table 3. The NOX

emissions for Allen County and the 

statewide EGU NOX emissions have 

shown significant downward trends 

from 1999, an 8-hour standard violation 

year, to 2004 and 2005, attainment 

years. IDEM notes that the NOX

emissions statewide have declined 

significantly as a result of the 

implementation of the Indiana NOX SIP 

and acid rain control regulations, both 

of which lead to permanent, enforceable 

emission reductions. 

TABLE 3.—NOX EMISSION TRENDS FOR ELECTRIC GENERATING UNITS IN INDIANA STATEWIDE—EMISSIONS IN THOUSANDS

OF TONS PER OZONE SEASON (APRIL–OCTOBER) 

Year 1999 2000 2001 2002 2003 2004 2005 

Statewide ................................................. 149.8 133.9 136.1 114.0 99.3 66.6 55.5 

As noted in Table 2, the VOC 

emissions in Allen County have also 

declined between 1999 and 2004. VOC 

emission control measures have been 

implemented in Allen County. Statewide RACT rules have applied to all 

new sources locating in Indiana since 

the mid-1990s and include the 

following VOC control rules: 326 

Indiana Administrative Code (IAC) 8–1–

6 (Best Available Control Technology 

(BACT) for non-specific sources); 326 

IAC 8–2 (surface coating emission 

limitations); 326 IAC 8–3 (organic 

solvent degreasing operations); 326 IAC 

8–4 (petroleum sources, including 

storage, transport, and marketing 

sources and petroleum refining); 326 

IAC 8–5 (miscellaneous sources); and 

326 IAC 8–6 (organic solvent emission 

limitations). Compliance with these 

rules has controlled point source VOC 

emissions in Allen County, offsetting 

some source growth, as well as 

controlling VOC emissions in the 

remainder of Indiana. The VOC 

emission reductions resulting from the 

implementation of the VOC emission 

control rules are permanent and 

enforceable. 

Since Allen County was not 

previously designated as a 1-hour ozone 

nonattainment area, no ozone precursor 

emission controls were specifically 

targeted at this County. Therefore, 

statewide and Federal emission control 

requirements have provided the 

majority of the VOC and NOX emission 

reductions in Allen County. 

Besides the statewide VOC RACT 

rules and NOX emission control 

requirements, other Federal emission 

reduction requirements have resulted in 

decreased ozone precursor emissions in 

Allen County and will produce future 

emission reductions that will lead to 

maintenance of the ozone standard in 

Allen County (see a more detailed 

discussion on maintenance of the 8- 

hour ozone standard in Allen County 

below). These emission reduction 

requirements include the following: 

Tier 2 Emission Standards for 

Vehicles and Gasoline Sulfur Standards. 

These emission control requirements 

result in lower emissions from new cars 

and light duty trucks, including sport 

utility vehicles. The Federal rules are 

being phased in between 2004 and 2009. 

The EPA has estimated that, by the end 

of the phase-in period, the following 

vehicle NOX emission reductions will 

occur: Passenger cars (light duty 

vehicles) (77 percent); light duty trucks, 

minivans, and sports utility vehicles (86 

percent; and larger sports utility 

vehicles, vans, and heavier trucks (69 to 

95 percent). VOC emission reductions 

are also expected to range from 12 to 18 

percent, depending on vehicle class, 

over the same period. Although some of 

these emission reductions have already 

occurred by the 2004 attainment year, 

most of these emission reductions will 

occur during the maintenance period for 

Allen County. 

Heavy-Duty Diesel Engines. In July 

2000, EPA issued a final rule to control 

the emissions from highway heavy duty 

diesel engines, including low-sulfur 

diesel fuel standards. These emission 

reductions are being phased in between 

2004 and 2007. This rule is expected to 

result in a 40 percent decrease in NOX

emissions from heavy duty diesel 

vehicles. 

Non-Road Diesel Rule. This rule 

generally applies to new stationary 

diesel engines used in certain 

industries, including construction, 

agriculture, and mining. In addition to 

affecting engine design, this rule 

includes requirements for cleaner fuels. 

This rule is expected to reduce NOX

emissions from these engines by up to 

90 percent, and to significantly reduce 

particulate matter and sulfur emissions 

from these engines in addition to the 

NOX emission reduction. This rule did 

not affect 2004 emissions from these 

sources, but will limit emissions from 

new engines beginning in 2008. 

Indiana commits to maintain all 

existing emission control measures that 

affect Allen County after this area is 

designated to attainment. All changes in 

existing rules affecting Allen County 

and new rules subsequently needed for 

continued maintenance of the 8-hour 

ozone NAAQS in Allen County will be 

submitted to the EPA for approval as 

SIP revisions. Based on the information 

summarized above, Indiana has 

adequately demonstrated that the 

improvement in air quality is due to 

permanent and enforceable emission 

reductions. 

4. The area has a fully approved 

maintenance plan pursuant to section 

175A of the CAA. In conjunction with 

its request to redesignate Allen County 

to attainment status, Indiana submitted 

a SIP revision to provide for the 

maintenance of the 8-hour ozone 

NAAQS in Allen County for 14 years 

after redesignation. 

a. What Is Required in a Maintenance 

Plan? 

Section 175A of the CAA sets forth 

the elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. Under 

section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least ten 

years after the Administrator approves a 

redesignation to attainment. Eight years 

after the redesignation, the State must 

submit a revised maintenance plan 

which demonstrates that attainment will 

continue to be maintained for the ten 

years following the initial ten-year 

period. To address the possibility of 

future NAAQS violations, the 

maintenance plan must contain such 

contingency measures, with a schedule 

for implementation as EPA deems 

necessary to assure prompt correction of 

any future 8-hour ozone violations. 

Section 175A of the CAA sets forth the 

elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. The 

Calcagni memorandum dated September 

4, 1992, provides additional guidance 

on the content of a maintenance plan. 

An ozone maintenance plan should 

address the following provisions: The 

attainment emissions inventory, 

maintenance demonstration, monitoring 

network, verification of continued 

attainment, and a contingency plan. 


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1The attainment year can be any of the three 

consecutive years in which the area has clean 

(below violation level) air quality data (2003, 2004, 

or 2005 for Allen County). 

b. Attainment Emissions Inventory 

IDEM prepared comprehensive VOC 

and NOX emission inventories for Allen 

County, including point (significant 

stationary sources), area (smaller and 

widely-distributed stationary sources), 

mobile on-road, and mobile non-road 

sources for 2004 (the base year/ 

attainment year). To develop the 

attainment year emission inventories, 

IDEM used the following approaches 

and sources of data: 

Area Sources—Area source VOC and 

NOX emissions were grown from 

Indiana’s 2002 periodic emissions 

inventory, which was previously 

submitted to the EPA. 

Mobile On-Road Sources—Mobile 

source emissions were calculated using 

the MOBILE6 emission factor model and 

traffic data (vehicle miles traveled, 

vehicle speeds, and vehicle type and age 

distributions) extracted from the 

region’s travel-demand model. 

Point Source Emissions—2004 point 

source emissions were compiled using 

IDEM’s 2004 annual emissions 

statement database and the 2005 EPA 

Air Markets acid rain emissions 

inventory database. 

Mobile Non-Road Emissions—Nonroad mobile source emissions were 

generated by the EPA and documented 

in the 2002 National Emissions 

Inventory (NEI). IDEM used these 

emissions estimates along with growth 

factors to grow the non-road mobile 

source emissions to 2004. To address 

concerns about the accuracy of some of 

the emissions for various source 

categories in EPA’s non-road emissions 

model, the Lake Michigan Air Directors 

Consortium (LADCO) contracted with 

several companies to review the base 

data used by the EPA and to make 

recommendations for corrections to the 

model. Emissions were estimated for 

commercial marine vessels and 

railroads. Recreational motorboat 

population and spatial surrogates (used 

to assign emissions to each county) were 

updated. The populations for the 

construction equipment category were 

reviewed and updated based on surveys 

completed in the Midwest, and the 

temporal allocation for agricultural 

sources was also updated. The EPA 

provided a revised non-road estimation 

model for the 2002 analysis. 

The 2004 attainment year VOC and 

NOX emissions for Allen County are 

summarized along with the 2010 and 

2020 projected emissions for this 

County in Tables 4 and 5 below, which 

provide a demonstration of maintanance 

of this area. It is our conclusion that the 

State has acceptably derived and 

documented the attainment year VOC 

and NOX emissions for Allen County. 

c. Demonstration of Maintenance 

As part of its May 30, 2006 

redesignation request, IDEM included a 

requested revision to the SIP to 

incorporate a 14-year ozone 

maintenance plan, as required under 

section 175A of the CAA. Included in 

the maintenance plan is a maintenance 

demonstration. This demonstration 

shows maintenance of the 8-hour ozone 

NAAQS by documenting current and 

projected VOC and NOX and showing 

that future emissions of VOC and NOX

remain at or below the attainment year 

emission levels.1 Note that a 

maintenance demonstration need not be 

based on modeling. See Wall v. EPA, 

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

v. EPA, 375 F.3d 537 (7th Cir. 2004). See 

also 66 FR 53094, 53099–53100 

(October 19, 2001) and 68 FR 25430–

25432 (May 12, 2003). 

Table 4 specifies the VOC emissions 

in Allen County for 2004, 2010, and 

2020. IDEM chose 2020 as a projection 

year to meet the 10-year maintenance 

projection requirement, allowing 

additional time for the State to complete 

its adoption of the ozone redesignation 

request and ozone maintenance plan 

and for the EPA to approve the 

redesignation request and maintenance 

plan. IDEM also chose 2010 as an 

interim year to demonstrate that VOC 

and NOX emissions will remain below 

the attainment levels throughout the 14- 

year maintenance period. 

Table 5, similar to Table 4, specifies 

the NOX emissions in Allen County for 

2004, 2010, and 2020. Together, Tables 

4 and 5, in terms of projected emissions, 

demonstrate that Allen County should 

remain in attainment of the 8-hour 

ozone NAAQS between 2004 and 2020, 

for more than 10 years after EPA is 

expected to approve the redesignation of 

Allen County to attainment of the 8- 

hour ozone NAAQS. 

TABLE 4.—ATTAINMENT YEAR (2004) AND PROJECTED VOC EMISSIONS IN ALLEN COUNTY (TONS PER SUMMER DAY) 

Source sector 

Year 

2004 2010 2020 

Point ......................................................................................................................................................... 9.33 7.91 9.74 

Area ......................................................................................................................................................... 18.99 20.00 22.17 

On-Road Mobile ....................................................................................................................................... 13.86 9.14 5.57 

Off-Road Mobile ....................................................................................................................................... 10.10 7.02 6.57 

Total .................................................................................................................................................. 52.28 44.07 44.05 

TABLE 5.—ATTAINMENT YEAR AND PROJECTED NOX EMISSIONS IN ALLEN COUNTY (TONS PER SUMMER DAY) 

Source sector 

Year 

2004 2010 2020 

Point ......................................................................................................................................................... 4.88 4.69 4.78 

Area ......................................................................................................................................................... 3.89 4.09 4.33 

On-Road Mobile ....................................................................................................................................... 23.17 14.57 6.19 

Off-Road Mobile ....................................................................................................................................... 13.01 9.84 6.98 

Total .................................................................................................................................................. 44.95 33.19 22.28 


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IDEM also notes that Indiana’s and 21 

other states’ EGU NOX emission control 

rules stemming from EPA’s NOX SIP call 

and CAIR, to be implemented beginning 

in 2006, will further lower NOX

emissions in upwind areas, resulting in 

decreased ozone and ozone precursor 

transport into Allen County (the State 

did not project emission decreases 

resulting from CAIR and did not 

document future NOX emissions in 

upwind counties). This will also 

support maintenance of the ozone 

standard in Allen County. 

The emission projections for Allen 

County coupled with the expected 

impacts of the State’s EGU NOX rules 

and CAIR lead to the conclusion that 

Allen County should maintain the 8- 

hour ozone standard throughout the 14- 

year maintenance period. The decrease 

in local VOC and local and regional 

NOX emissions indicate that peak ozone 

levels in Allen County may actually 

further decline during the 14-year ozone 

maintenance period. 

IDEM has documented some of the 

procedures used to project emissions. 

On-road mobile sources were projected 

using the MOBILE6 emission factor 

model and projected traffic data 

obtained from the Northwest Indiana 

Regional Planning Commission (NIRPC), 

who maintains a travel demand forecast 

model that is capable of projecting 

changes in total daily Vehicle Miles 

Traveled (VMT). Emissions for the other 

major source sectors were determined 

using source activity/growth data 

provided by the Lake Michigan Air 

Director’s Consortium, as well as major 

source emissions data obtained 

periodically for all major sources 

statewide. Emissions projections for 

Allen County are consistent with the 

planning analyses being conducted to 

attain the 8-hour ozone and fine particle 

(PM2.5) standards throughout Indiana 

and throughout the Lake Michigan area. 

Based on the comparison of the 

projected emissions and the attainment 

year emissions, we conclude that IDEM 

has successfully demonstrated that the 

8-hour ozone standard should be 

maintained in Allen County. We believe 

that this is especially likely given the 

expected impacts of the NOX SIP call 

and CAIR. As noted by IDEM, this 

conclusion is further supported by the 

fact that other states in the eastern 

portion of the United States are 

expected to further reduce regional NOX

emissions through implementation of 

their own NOX emission control rules 

for EGUs and other NOX sources and 

through implementation of CAIR. 

d. Monitoring Network 

IDEM commits to continue operating 

and maintaining an approved ozone 

monitoring network in Allen County, in 

accordance with 40 CFR part 58, 

throughout the 14-year maintenance 

period. This will allow the confirmation 

of the maintenance of the 8-hour ozone 

standard in this area. 

e. Verification of Continued Attainment 

Continued attainment of the 8-hour 

ozone NAAQS in Allen County 

depends, in part, on the State’s efforts 

toward tracking applicable indicators 

during the maintenance period. The 

State’s plan for verifying continued 

attainment of the 8-hour ozone standard 

in Allen County consists of plans to 

continue ambient ozone monitoring in 

accordance with the requirements of 40 

CFR part 58. In addition, IDEM will 

periodically revise and review the VOC 

and NOX emissions inventories for 

Allen County to assure that emissions 

growth is not threatening the continued 

attainment of the 8-hour ozone standard 

in this area. Revised emission 

inventories for this area will be 

prepared for 2005, 2008, and 2011 as 

necessary to comply with the emission 

inventory reporting requirements 

established in the CAA. The revised 

emissions will be compared with the 

2004 attainment emissions and the 2020 

projected maintenance year emissions to 

assure continued maintenance of the 

ozone standard. 

f. Contingency Plan 

The contingency plan provisions of 

the CAA are designed to result in 

prompt correction or prevention of 

violations of the NAAQS that might 

occur after redesignation of an area to 

attainment of the NAAQS. Section 175A 

of the CAA requires that a maintenance 

plan 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 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 in 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 a possible 

future ozone air quality problem. The 

contingency plan that Indiana has 

adopted has two levels of actions/ 

responses depending on whether a 

violation of the 8-hour 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 (1-year) 

fourth-high monitored daily peak 8-hour 

ozone concentration of 89 ppb (or 

greater) occurs at any monitor in Allen 

County, or a 2-year averaged annual 

fourth-high daily peak 8-hour ozone 

concentration of 85 ppb or greater 

occurs at any monitor in Allen County. 

A Warning Level Response will consist 

of a study to determine whether the 

monitored ozone level indicates a trend 

toward higher ozone levels or whether 

emissions are increasing, threatening a 

future violation of the ozone NAAQS. 

The study will evaluate whether the 

trend, if any, is likely to continue, and, 

if so, the emission control measures 

necessary to reverse the trend, taking 

into consideration the ease and timing 

of implementation, as well as economic 

and social considerations, will be 

selected, adopted, and implemented. 

Implementation of necessary controls 

will take place as expeditiously as 

possible, but in no event later than 12 

months from the conclusion of the most 

recent ozone season. If new emission 

controls are needed to reverse the 

adverse ozone trend, the procedures for 

emission control selection under the 

Action Level Response will be followed. 

An Action Level Response will occur 

(be triggered) when a violation of the 8- 

hour ozone standard is monitored at any 

of the monitors in Allen County (when 

a 3-year average annual fourth-high 

monitored daily peak 8-hour ozone 

concentration of 85 ppb is recorded at 

any monitor in Allen County). In this 

situation, IDEM will determine the 

additional emission control measures 

needed to assure future attainment of 

the 8-hour ozone NAAQS. IDEM will 

focus on emission control measures that 

can be implemented within 18 months 

from the close of the ozone season in 

which the ozone standard violation 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 process dictated by State law. This 

process will include publication of 

public notices, providing the 


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opportunity for a public hearing, and 

other measures required by Indiana law 

for rulemaking by State environmental 

boards. If a new State emission control 

measure is already promulgated and 

scheduled for implementation at the 

Federal or State level, and that emission 

control 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. IDEM will submit to the 

EPA an analysis to demonstrate that the 

proposed emission control measures are 

adequate to provide for future 

attainment of the 8-hour ozone NAAQS 

in Allen County. 

Contingency measures contained in 

the maintenance plan are those 

emission controls or other measures that 

the State may choose to adopt and 

implement to correct existing or 

possible air quality problems in Allen 

County. These include, but are not 

limited to, the following: 

i. Lower Reid vapor pressure gasoline 

requirements; 

ii. Broader geographic applicability of 

existing emission control measures; 

iii. Tightened RACT requirements on 

existing sources covered by EPA Control 

Technique Guidelines (CTGs) issued in 

response to the 1999 CAA amendments; 

iv. Application of RACT to smaller 

existing sources; 

v. Vehicle Inspection and 

Maintenance (I/M); 

vi. One or more Transportation 

Control Measure (TCM) sufficient to 

achieve at least a 0.5 percent reduction 

in actual area-wide VOC emissions, to 

be selected from the following: 

A. Trip reduction programs, 

including, but not limited to, employerbased transportation management plans, 

area-wide rideshare programs, work 

schedule programs, and telecommuting; 

B. Transit improvement; 

C. Traffic flow improvements; and 

D. Other new or innovative 

transportation measures not yet in 

widespread use that affect State and 

local governments as deemed 

appropriate; 

vii. Alternative fuel and diesel retrofit 

programs for fleet vehicle operations; 

viii. Controls on consumer products 

consistent with those adopted elsewhere 

in the United States; 

ix. VOC or NOX emission offsets for 

new or modified major sources; 

x. VOC or NOX emission offsets for 

new or modified minor sources; 

xi. Increased ratio of emission offset 

required for new sources; and 

xii. VOC or NOX emission controls on 

new minor sources (with VOC or NOX

emissions less than 100 tons per year). 

g. Provisions for a Future Update of the 

Ozone Maintenance Plan 

As required by section 175A(b) of the 

CAA, the State commits to submit to the 

EPA an update of the ozone 

maintenance plan eight years after 

redesignation of Allen County to 

attainment of the 8-hour ozone NAAQS. 

The updated maintenance plan would 

provide for maintenance of the 8-hour 

ozone standard in Allen County for an 

additional 10 years beyond the period 

covered by the initial ozone 

maintenance plan. 

EPA has concluded that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: attainment 

inventory, maintenance demonstration, 

monitoring network, verification of 

continued attainment, and a 

contingency plan. The maintenance 

plan submitted by Indiana meets the 

requirements of section 175A of the 

CAA. 

VII. Has Indiana Adopted Acceptable 

Motor Vehicle Emissions Budgets for 

the End of the 14-Year Maintenance 

Plan Which Can Be Used To Support 

Conformity Determinations? 

A. How Are the Motor Vehicle Emission 

Budgets Developed and What Are the 

Motor Vehicle Emission Budgets for 

Allen County? 

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 redesignations to attainment of 

the ozone standard or revising existing 

ozone maintenance plans). These 

emission control SIP revisions (e.g., 

reasonable further progress and 

attainment demonstration SIP 

revisions), including ozone maintenance 

plans, must create MVEBs based on onroad mobile source emissions that are 

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 

established for the last year of the 

maintenance plan. The MVEBs serve as 

ceilings on 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, new 

transportation projects, such as the 

construction of new highways, must 

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

the part of the SIP that addresses 

emissions from cars and trucks. 

Conformity to the SIP means that 

transportation activities will not cause 

new air quality standard violations, or 

delay timely attainment of the NAAQS. 

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, rate-of-progress 

plans, and maintenance plans, EPA 

must affirmatively find that the MVEBs 

are ‘‘adequate’’ for use in determining 

transportation conformity. Once EPA 

affirmatively finds the submitted 

MVEBs to be adequate for transportation 

conformity purposes, the MVEBs are 

used by state and Federal agencies in 

determining whether proposed 

transportation projects conform to the 

SIPs as required by section 176(c) of the 

CAA. EPA’s substantive criteria for 

determining the adequacy of MVEBs are 

specified in 40 CFR 93.118(e)(4). 

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) EPA’s finding 

of adequacy. The process of determining 

the adequacy of submitted SIP MVEBs 

was initially outlined in EPA’s May 14, 

1999 guidance, ‘‘Conformity Guidance 

on Implementation of March 2, 1999, 

Conformity Court Decision.’’ This 

guidance was finalized in the 

Transportation Conformity Rule 

Amendments for the ‘‘New 8-Hour 

Ozone and PM2.5 National Ambient Air 

Quality Standards and Miscellaneous 

Revisions for Existing Areas: 

Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change’’

published on July 1, 2004 (69 FR 

40004). EPA follows this guidance and 

rulemaking in making its adequacy 

determination. 

The Transportation Conformity rule 

in section 93.118(f) provides for 

adequacy findings through two 

mechanisms. Section 93.118(f)(1) 

provides for posting a notice to the EPA 

conformity Web site at: http:// 

www.epa.gov/otaq/stateresources/ 


jlentini on PROD1PC65 with RULES
51498 Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 

transconf/adequacy.htm and providing 

a 30 day public comment period. The 

second mechanism is described in 

section 93.118(f)(2) which provides that 

EPA can review the adequacy of an 

implementation plan submission 

simultaneously with EPA’s approval or 

disapproval of the implementation plan. 

In this notice, EPA is simultaneously 

reviewing the adequacy of the motor 

vehicle emission budgets as part of this 

review and proposal on the overall 

maintenance plan. Indiana has 

requested parallel processing and the 

expediency of the process is best suited 

to following section 93.118(f)(2). 

The Allen County 14-year 

maintenance plan contains VOC and 

NOX MVEBs for 2020. EPA has 

reviewed the submittal and the VOC 

and NOX MVEBs for Allen County and 

finds that the budgets meet the 

adequacy criteria in the Transportation 

Conformity rule. The 30-day comment 

period for adequacy will be the same as 

the comment period for approval of the 

budgets and maintenance plan. Any and 

all comments on the adequacy or 

approvability of the budgets should be 

submitted during the comment period 

stated in the DATES section of this 

notice. 

EPA, through this rulemaking is 

approving the MVEBs for use to 

determine transportation conformity in 

Allen County because EPA has 

determined that the budgets are 

consistent with the control measures in 

the SIP and that Allen County can 

maintain attainment of the 8-hour ozone 

NAAQS for the relevant required 14- 

year period with mobile source 

emissions at the levels of the MVEBs. 

IDEM has determined the 2020 MVEBs 

for Allen County to be 6.5 tons per day 

for VOC and 7.0 tons per day for NOX. 

It should be noted that these MVEBs 

exceed the on-road mobile source VOC 

and NOX emissions projected by IDEM 

for 2020, as summarized in Tables 4 and 

5 above (‘‘On-Road Mobile’’ source 

sector). Through discussions with all 

organizations involved in transportation 

planning for Allen County, IDEM 

decided to include safety margins of 

0.93 tons per day for VOC and 0.81 tons 

per day for NOX in the MVEBs to 

provide for mobile source growth not 

anticipated in the projected 2020 

emissions. Indiana has demonstrated 

that Allen County can maintain the 8- 

hour ozone NAAQS with mobile source 

emissions of 5.57 tons per day of VOC 

and 6.19 tons per day of NOX in 2020 

since total source emissions will remain 

under the attainment year levels. 

B. What Is a Safety Margin? 

A ‘‘safety margin’’ is the difference 

between the attainment level of 

emissions (from all sources) and the 

projected level of emissions (from all 

sources) in the maintenance plan. As 

noted in Tables 4 and 5, Allen County 

VOC and NOX emissions are projected 

to have safety margins of 8.23 tons per 

day for VOC and 22.66 tons per day for 

NOX in 2020 (the difference between the 

2004, attainment year, and 2020 VOC 

and NOX emissions for all sources in 

Allen County). 

The MVEBs requested by IDEM 

contain safety margins (selected by the 

State) significantly smaller than the 

safety margins reflected in the total 

emissions for Allen County. The State is 

not requesting allocation of the entire 

available safety margins actually 

reflected in the demonstration of 

maintenance (in Tables 4 and 5). 

Therefore, even though the State is 

requesting MVEBs that exceed the onroad mobile source emissions for 2020 

contained in the demonstration of 

maintenance, the increase in on-road 

mobile source emissions that can be 

considered for transportation 

conformity purposes is well within the 

safety margins of the ozone maintenance 

demonstration. 

C. Are the MVEBs Approvable? 

The VOC and NOX MVEBs for Allen 

County are approvable because they 

maintain the total emissions for Allen 

County at or below the attainment year 

emission inventory levels, as required 

by the transportation conformity 

regulations. 

VIII. What Is the Effect of EPA’s 

Actions? 

EPA is making a determination that 

Allen County has attained the 8-hour 

ozone NAAQS, and EPA is approving 

the redesignation of Allen County from 

nonattainment to attainment for the 8- 

hour ozone NAAQS. After evaluating 

Indiana’s redesignation request, EPA is 

making a determination that it meets the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA. Final approval 

of this redesignation request would 

change the official designation for Allen 

County from nonattainment to 

attainment for the 8-hour ozone 

standard. 

EPA is also approving the 

maintenance plan SIP revision for Allen 

County. The approval of the 

maintenance plan is based on Indiana’s 

demonstration that the plan meets the 

requirements of section 175A of the 

CAA, as described more fully above. 

Additionally, EPA is finding adequate 

and approving the 2020 MVEBs 

submitted by Indiana in conjunction 

with the redesignation request. 

IX. Statutory and Executive Order 

Reviews 

Executive Order 12866; Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

Regulatory Flexibility Act 

This action merely approves state law 

as meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

Executive Order 13175 Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(59 FR 22951, November 9, 2000). 

Executive Order 13132 Federalism 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

states, on the relationship between the 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 51499 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 

Executive Order 13045 Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). Under 

section 307(b)(1) of the Clean Air Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 30, 2006. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: August 16, 2006. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ Parts 52 and 81, chapter I, title 40 of 

the Code of Federal Regulations is 

amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Section 52.777 is amended by 

adding paragraph (ff) to read as follows: 

§ 52.777 Control strategy: photochemical 

oxidants (hydrocarbons). 

* * * * * 

(ff) Approval—On May 30, 2006, 

Indiana submitted a request to 

redesignate Allen County to attainment 

of the 8-hour ozone National Ambient 

Air Quality Standard. As part of the 

redesignation request, the State 

submitted a maintenance plan as 

required by section 175A of the Clean 

Air Act. Elements of the section 175 

maintenance plan include a contingency 

plan and an obligation to submit a 

subsequent maintenance plan revision 

in 8 years as required by the Clean Air 

Act. Also included were motor vehicle 

emission budgets for use to determine 

transportation conformity in Allen 

County. The 2020 motor vehicle 

emission budgets are 6.5 tons per day 

for VOC and 7.0 tons per day for NOX. 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. Section 81.315 is amended by 

revising the entry for Fort Wayne, IN: 

Allen County in the table entitled 

‘‘Indiana Ozone (8-Hour Standard)’’ to 

read as follows: 

§ 81.315 Indiana. 

* * * * * 

INDIANA OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Fort Wayne, IN: 

Allen County ..................................................................... September 

29, 2006 

Attainment 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 


jlentini on PROD1PC65 with RULES
51500 Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 

[FR Doc. 06–7248 Filed 8–29–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0327; FRL–8090–1] 

Bifenazate; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for combined residues of 

bifenazate in or on pea, garden; pea, 

edible podded; vegetable, tuberous and 

corm, subgroup 1C; fruit, stone, group 

12, except plum; plum; cattle fat; goat 

fat; hog fat; horse fat; and sheep fat. 

Interregional Research Project Number 4 

(IR-4) requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA), as amended by the Food 

Quality Protection Act of 1996 (FQPA). 

DATES: This regulation is effective 

August 30, 2006. Objections and 

requests for hearings must be received 

on or before October 30, 2006, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2006–0327. All documents in the 

docket are listed in the index for the 

docket. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S–

4400, One Potomac Yard (South 

Building), 2777 S. Crystal Drive, 

Arlington, VA. The Docket Facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket telephone number 

is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Shaja R. Brothers, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–3194; e-mail address: 

brothers.shaja@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS 111), e.g., 

agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS 112), 

e.g., cattle ranchers and farmers, dairy 

cattle farmers, livestock farmers. 

• Food manufacturing (NAICS 311), 

e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s pilot e-CFR site at http:// 

www.gpoaccess.gov/ecfr. To access the 

OPPTS Harmonized Guidelines 

referenced in this document, go directly 

to the guidelines at http://www.epa.gpo/ 

opptsfrs/home/guidelin.htm. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of the FFDCA, as 

amended by the FQPA, any person may 

file an objection to any aspect of this 

regulation and may also request a 

hearing on those objections. The EPA 

procedural regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ–

OPP–2006–0327 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before October 30, 2006. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit your 

copies, identified by docket ID number 

EPA–HQ–OPP–2006–0327, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on–

line instructions for submitting 

comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Building), 2777 S. 

Crystal Drive, Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket telephone number is (703) 305–

5805. 

II. Background and Statutory Findings 

In the Federal Register of May 3, 2006 

(71 FR 26087) (FRL–8058–6), EPA 

issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petitions (PP 3E6762 and 

5E6992) by IR-4, 681 U.S. Highway #1 

South, North Brunswick, NJ 08902. The 

petition requested that 40 CFR 180.572 

be amended by establishing tolerances 

for combined residues of the insecticide, 

bifenazate, (1 methylethyl 2-(4- 

methoxy[1,1′-biphenyl]-3- 

yl)hydrazinecarboxylate) and 

diazinecarboxylic acid, 2-(4-methoxyVerDate Aug<31>2005 16:32 Aug 29, 2006 Jkt 208001 PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1

jlentini on PROD1PC65 with RULES