30436 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2006–0474; FRL–8317–1] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Indiana; Redesignation of 

Lake and Porter Counties to 

Attainment of the 8-Hour Ozone 

Standard and Approval of Base Year 

Emission Inventories 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On September 12, 2006, the 

Indiana Department of Environmental 

Management (IDEM) submitted a 

request for EPA approval of a 

redesignation of Lake and Porter 

Counties to attainment of the 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS) and of an ozone 

maintenance plan for this area as a 

revision to the Indiana State 

Implementation Plan (SIP). EPA is 

proposing to determine that the 

Chicago-Gary-Lake County, IllinoisIndiana (IL-IN) 8-hour ozone 

nonattainment area, which includes 

Lake and Porter Counties, has attained 

the 8-hour ozone NAAQS. EPA is 

proposing to approve Indiana’s ozone 

maintenance plan for Lake and Porter 

Counties as a revision to the SIP. EPA 

is proposing to approve Volatile Organic 

Compounds (VOC) and Nitrogen Oxides 

(NOX) Motor Vehicle Emission Budgets 

(MVEBs) for Lake and Porter Counties as 

supported by the ozone maintenance 

plan. EPA is proposing to approve 

Indiana’s 2002 base year VOC and NOX

emission inventories for Lake and Porter 

Counties. EPA is proposing to approve 

into the Indiana SIP the VOC and NOX

periodic emission inventories for 1999, 

2002, and 2004. Finally, EPA is 

proposing to approve the redesignation 

of Lake and Porter Counties to 

attainment of the 8-hour ozone NAAQS. 

DATES: Comments must be received on 

or before July 2, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2006–0474, 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, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

• 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. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office’s official hours of 

operation 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– 

0474. 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 and any 

form of encryption, and should 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 hardcopy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hardcopy 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. It is 

recommended that you telephone 

Edward Doty, Environmental Scientist, 

at (312) 886–6057, before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Edward Doty, Environmental Scientist, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6057, 

doty.edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this proposed rule 

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

we mean the EPA. This supplementary 

information section is arranged as 

follows: 

I. What Actions Is EPA Proposing To Take? 

II. What Is the Background for These 

Actions? 

III. What Is the Impact of a December 22, 

2006 United States Court of Appeals 

Decision Regarding EPA’s Phase 1 Ozone 

Implementation Rule on This Proposed 

Rule? 

A. Requirements Under the 8-Hour Ozone 

Standard 

B. Requirements Under the 1-Hour Ozone 

Standard 

IV. What Are the Criteria for Redesignations 

to Attainment of the 8-Hour Ozone 

NAAQS? 

V. What Are EPA’s Analyses of the State’s 

Redesignation Request and Maintenance 

Plan and What Are the Bases for EPA’s 

Proposed Actions? 

A. Have Lake and Porter Counties and the 

Entire Chicago-Gary-Lake County, IL-IN 

Nonattainment Area Attained the 8-Hour 

Ozone NAAQS and 1-Hour Ozone 

NAAQS? 

1. Attainment of the 8-Hour Ozone NAAQS 

2. Attainment of the 1-Hour Ozone NAAQS 

B. Has the State of Indiana Committed To 

Maintain the Ozone Monitoring System 

in Lake and Porter Counties? 

C. Have Lake and Porter Counties and the 

State of Indiana Met All of the 

Requirements of Section 110 and Part D 

of the CAA Applicable for Purposes of 

Redesignation, and Do Lake and Porter 

Counties Have a Fully Approved SIP 

Under Section 110(k) of the CAA for 

Purposes of Redesignation to 

Attainment? 

1. Lake and Porter Counties Have Met All 

Requirements of Section 110 and Part D 

of the CAA Applicable for Purposes of 

Redesignation for the 8-Hour NAAQS 

a. Section 110 and General SIP 

Requirements 

b. Part D SIP Requirements Under the 8- 

Hour Ozone Standard 

2. Lake and Porter Counties Have a Fully 

Approved SIP Under Section 110(k) of 

the CAA 


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1This standard is violated in an area when any 

ozone monitor in the area records 8-hour ozone 

concentrations with a three-year average of the 

annual fourth-highest daily maximum 8-hour ozone 

concentrations equaling or exceeding 85 ppb. See 

40 CFR 50.10. 

2Carbon Monoxide (CO) is also a minor precursor 

in the formation of ozone. 

3The 8-hour ozone design value and the 1-hour 

ozone design value for each area were not 

necessarily recorded at the same monitoring site. 

The worst-case monitoring site for each ozone 

concentration averaging time was considered for 

each area. 

4 It should be noted that the United States Court 

of Appeals for the District of Columbia Circuit 

recently vacated EPA’s April 30, 2004 ‘‘Final Rule 

to Implement the 8-Hour Ozone National Ambient 

Standard’’ (the Phase 1 implementation rule). South 

Coast Air Quality Management District v. EPA, 472 

F.3d 882(D.C. Cir. 2006). EPA explains its views of 

the potential impact of this decision in section III, 

below. 

D. Have Lake and Porter Counties Met the 

Part D Nonattainment Area and Section 

110 Requirements Under the 1-Hour 

Ozone Standard? 

E. Are the Air Quality Improvements in 

Lake and Porter Counties and in the 

Chicago-Gary-Lake County, IL-IN 

Nonattainment Area Due to Permanent 

and Enforceable Emission Reductions 

Resulting From the Implementation of 

the Indiana SIP and Applicable Federal 

Air Pollution Control Regulations and 

Other Permanent and Enforceable 

Emission Reductions? 

F. Do Lake and Porter Counties Have a 

Fully Approvable Ozone Maintenance 

Plan Pursuant to Section 175A of the 

CAA? 

1. What Is Required in an Ozone 

Maintenance Plan? 

2. What Are the Attainment Emission 

Inventories for Lake and Porter Counties? 

a. Point Sources 

b. Area Sources 

c. On-Road Mobile Sources 

d. Non-Road Mobile Sources 

3. Has the State Demonstrated Maintenance 

of the Ozone Standard in Lake and Porter 

Counties and in the Chicago-Gary-Lake 

County, IL-IN Ozone Nonattainment 

Area? 

4. What Is the Contingency Plan for Lake 

and Porter Counties? 

a. Verification of Continued Attainment 

b. Contingency Plan 

5. Has the State Committed To Update the 

Ozone Maintenance Plan in Eight Years 

After the Redesignation of Lake and 

Porter Counties to Attainment of the 8- 

Hour Ozone NAAQS? 

VI. Has the State Adopted Acceptable MVEBs 

for the End Year of the Ozone 

Maintenance Period Which Can Be Used 

To Support Transportation Conformity 

Determinations? 

A. How Are the MVEBs Developed and 

What Are the MVEBs for Lake and Porter 

Counties? 

B. Are the MVEBs Approvable? 

VII. Modeled Attainment of the Ozone 

Standard 

A. Regional Ozone Modeling Results 

B. Temperature—Ozone Exceedance 

Frequency Study 

VIII. Review of Indiana’s 2002 Base Year 

Emissions Submittal 

IX. What Are EPA’s Proposed Actions? 

X. Statutory and Executive Order Reviews 

I. What Actions Is EPA Proposing To 

Take? 

We are proposing to take several 

related actions for Lake and Porter 

Counties, Indiana. First, we are 

proposing to determine that the 

Chicago-Gary-Lake County, IL-IN ozone 

nonattainment area, including Lake and 

Porter Counties in Indiana, has attained 

the 8-hour ozone NAAQS. 

Second, we are proposing to approve 

Indiana’s request to redesignate the 

Indiana portion of the Chicago-GaryLake County, IL-IN ozone 

nonattainment area (Lake and Porter 

Counties) to attainment of the 8-hour 

ozone NAAQS. We have determined 

that the State of Indiana and Lake and 

Porter Counties have met the CAA 

requirements for such a redesignation 

under section 107(d)(3)(E). EPA is 

proposing in this notice to approve 

Indiana’s 2002 base year VOC and NOX

emission inventories for Lake and Porter 

Counties as meeting the base year 

emissions inventory requirements of the 

CAA and as a revision to the Indiana 

SIP. EPA is also proposing to approve 

into the Indiana SIP the VOC and NOX

periodic inventories for 1999, 2002 and 

2004, pursuant to section 182(a)(3)(A) of 

the CAA under the 1-hour standard. 

Third, we are proposing to approve 

Indiana’s ozone maintenance plan for 

Lake and Porter Counties as a revision 

of the Indiana SIP. The maintenance 

plan, which meets the requirements of 

section 175A of the CAA, is designed to 

keep Lake and Porter Counties and the 

Chicago-Gary-Lake County ozone 

nonattainment area in attainment of the 

8-hour ozone NAAQS through 2020. As 

supported by and consistent with the 

ozone maintenance plan, we are also 

proposing to approve the 2010 and 2020 

VOC and NOX MVEBs for Lake and 

Porter Counties for transportation 

conformity determination purposes. 

Finally, in response to a December 22, 

2006, decision of the United States 

Court of Appeals vacating EPA’s Phase 

1 ozone implementation rule, we are 

proposing to find that, if the 1-hour 

ozone standard is deemed to be 

reinstated, Lake and Porter Counties 

would also qualify for a redesignation to 

attainment of the 1-hour ozone 

standard. 

II. What Is the Background for These 

Actions? 

EPA has determined that ground-level 

ozone is detrimental to human health. 

On July 18, 1997, EPA promulgated an 

8-hour ozone NAAQS (62 FR 38856) of 

0.08 parts per million parts of air (0.08 

ppm) (80 parts per billion (ppb)).1 This 

8-hour ozone standard replaced a prior 

1-hour ozone NAAQS, which was 

promulgated on February 8, 1979 (44 FR 

8202) and which EPA revoked on June 

15, 2005 (69 FR 23858). 

Ground-level ozone is not emitted 

directly by emission sources. Rather, 

emitted NOX and VOC react in the 

presence of sunlight to form groundlevel ozone along with other secondary 

compounds. NOX and VOC are referred 

to as ‘‘ozone precursors.’’ 2 Control of 

ground-level ozone concentrations is 

achieved through controlling VOC and 

NOX emissions. 

Section 107 of the CAA required EPA 

to designate as nonattainment any area 

that violated the 8-hour ozone NAAQS. 

The Federal Register notice 

promulgating the 8-hour ozone 

designations and classifications was 

published on April 30, 2004 (69 FR 

23857). 

The CAA contains two sets of 

provisions—subpart 1 and subpart 2—

that address planning and emission 

control requirements for nonattainment 

areas. Both are found in title I, part D 

of the CAA. Subpart 1 contains general, 

less prescriptive requirements for all 

nonattainment areas of pollutants 

governed by NAAQS. Subpart 2 

contains more specific requirements for 

certain ozone nonattainment areas, and 

applies to ozone nonattainment areas 

classified under section 181 of the CAA. 

In the April 30, 2004 designation 

rulemaking, EPA divided 8-hour ozone 

nonattainment areas into the categories 

of subpart 1 nonattainment (‘‘basic’’

nonattainment) and subpart 2 

nonattainment (‘‘classified’’

nonattainment). EPA based this division 

on the areas’ 8-hour ozone design values 

(i.e., on the three-year averages of the 

annual fourth-highest daily maximum 8- 

hour ozone concentrations at the worstcase monitoring sites in the designated 

areas) and on their 1-hour ozone design 

values (i.e., on the fourth-highest daily 

maximum 1-hour ozone concentrations 

over the three-year period at the worstcase monitoring sites in the designated 

areas).3 EPA classified 8-hour ozone 

nonattainment areas with 1-hour ozone 

design values equaling or exceeding 121 

ppb as subpart 2, classified 

nonattainment areas. EPA classified all 

other 8-hour nonattainment areas as 

subpart 1, basic nonattainment areas. 

The basis for area classification was 

defined in a separate April 30, 2004 

final rule (the Phase 1 implementation 

rule) (69 FR 23951).4


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Emission control requirements for 

classified nonattainment areas are 

linked to area classifications. Areas with 

more serious ozone pollution problems 

are subject to more prescribed 

requirements and later attainment 

deadlines. The prescribed emission 

control requirements are designed to 

bring areas into attainment by their 

specified attainment dates. 

In the April 30, 2004 ozone 

designation/classification rulemaking, 

EPA designated Lake and Porter 

Counties, as part of the Chicago-GaryLake County, IL-IN area, as a subpart 2 

moderate nonattainment area for the 8- 

hour ozone NAAQS. This designation 

was based on ozone data collected 

during the 2001–2003 period. 

On September 12, 2006, the State of 

Indiana requested redesignation of Lake 

and Porter Counties to attainment of the 

8-hour ozone NAAQS. This 

redesignation request was submitted by 

the State subsequent to conducting a 

public review process for the 

redesignation request and ozone 

maintenance plan and subsequent to the 

State’s adoption of the ozone 

maintenance plan. 

III. What Is the Impact of a December 

22, 2006 United States Court of Appeals 

Decision Regarding EPA’s Phase 1 

Ozone Implementation Rule on This 

Proposed Rule? 

On December 22, 2006, the United 

States Court of Appeals for the District 

of Columbia Circuit (the Court) vacated 

EPA’s Phase 1 implementation rule 

(Phase 1 Rule) for the 8-hour ozone 

standard (69 FR 23951, April 30, 2004). 

South Coast Air Quality Management 

Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 

2006). The Court held that certain 

provisions of EPA’s Phase 1 Rule were 

inconsistent with the requirements of 

the CAA. The Court rejected EPA’s 

reasons for implementing the 8-hour 

ozone standard in nonattainment areas 

under subpart 1 in lieu of subpart 2 of 

Title I, part D of the CAA. The Court 

also held that EPA improperly failed to 

retain four measures required for 1-hour 

ozone nonattainment areas under the 

anti-backsliding provisions of the 

regulations: (1) Nonattainment area New 

Source Review (NSR) requirements 

based on an area’s 1-hour nonattainment 

classification; (2) section 185 penalty 

fees for 1-hour severe or extreme ozone 

nonattainment areas; (3) measures to be 

implemented pursuant to section 

172(c)(9) or 182(c)(9) of the CAA, on the 

contingency of an area not making 

reasonable further progress toward 

attainment of the 1-hour ozone NAAQS, 

or failing to attain that NAAQS; and, (4) 

conformity requirements for certain 

types of Federal actions. The Court 

upheld EPA’s authority to revoke the 1- 

hour ozone standard provided that there 

were adequate anti-backsliding 

provisions. 

This section sets forth EPA’s views on 

the potential effect of the Court’s ruling 

on this redesignation action. For the 

reasons set forth below, EPA does not 

believe that the Court’s ruling alters any 

requirements relevant to this 

redesignation action so as to preclude 

redesignation, and does not prevent 

EPA from finalizing this redesignation. 

EPA believes that the Court’s decision, 

as it currently stands or as it may be 

modified based on any petition for 

rehearing that has been filed, imposes 

no impediment to moving forward with 

redesignation of this area to attainment, 

because in either circumstance 

redesignation is appropriate under the 

relevant redesignation provisions of the 

CAA and longstanding policies 

regarding redesignation requests. 

A. Requirements Under the 8-Hour 

Ozone Standard 

With respect to the 8-hour ozone 

standard, the Chicago-Gary-Lake 

County, IL-IN ozone nonattainment 

area, which includes Lake and Porter 

Counties, is classified as moderate 

nonattainment under subpart 2. We do 

not believe that any part of the Court’s 

opinion would require that this subpart 

2 classification be changed upon 

remand to EPA. However, even 

assuming for present purposes that the 

Chicago-Gary-Lake County, IL-IN area 

would become subject to a different 

classification scheme created in a future 

rule responding to the Court’s decision, 

that would not prevent EPA from 

finalizing the redesignation for this area. 

For the reasons set forth below, we 

believe that any additional requirements 

that might apply based on a different 

classification would not be applicable 

for purposes of evaluating the 8-hour 

ozone redesignation request now before 

us. This belief is based on: (1) EPA’s 

longstanding policy of evaluating 

redesignation requests in accordance 

only with the requirements due at the 

time the redesignation request was 

submitted; and (2) consideration of the 

inequity of applying retroactively any 

requirements that might be applied in 

the future. 

First, at the time the redesignation 

request was submitted, the area was 

classified under subpart 2 and was 

required to meet the subpart 2 

requirements. Under EPA’s 

longstanding interpretation of section 

107(d)(3)(E) of the CAA, to qualify for 

redesignation, a state requesting a 

redesignation to attainment must meet 

only the relevant SIP requirements that 

came due for the subject area prior to 

the submittal of a complete 

redesignation request. See the 

September 4, 1992 Calcagni 

memorandum (‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air 

Quality Management Division). See also 

the September 17, 1993 Shapiro 

memorandum (‘‘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, Air and 

Radiation), 60 FR 12459, 12465–66 

(March 7, 1995) (redesignation of 

Detroit-Ann Arbor); Sierra Club v. EPA, 

375 F.3d 537 (7th Cir. 2004), which 

upheld this interpretation; 68 FR 25418, 

25424, 25427 (May 12, 2003) 

(redesignation of St. Louis). At the time 

the Lake and Porter County 

redesignation request was submitted, 

September 12, 2006, the Chicago-GaryLake County, IL-IN area was not 

classified under subpart 1 and no 

subpart 1 requirements were applicable 

for purposes of redesignation. 

Second, it would be inequitable to 

retroactively apply any new SIP 

requirements that were not applicable at 

the time the redesignation request was 

submitted, but which might later 

become applicable. The D.C. Circuit has 

recognized the inequity in such 

retroactive rulemaking. See Sierra Club 

v. Whitman, 285 F.3d 63 (D.C. Cir. 

2002), in which the D.C. Circuit upheld 

a District Court’s ruling refusing to make 

retroactive an EPA determination of 

nonattainment that was past the 

statutory due date. Such a 

determination would have resulted in 

the imposition of additional 

requirements on the area. The Court 

stated: ‘‘Although EPA failed to make 

the nonattainment determination within 

the statutory timeframe, Sierra Club’s 

proposed solution only makes the 

situation worse. Retroactive relief would 

likely impose large costs on the States, 

which would face fines and suits for not 

implementing air pollution prevention 

plans in 1997, even though they were 

not on notice at the time.’’ Id. at 68. 

Similarly, here it would be unfair to 

penalize the area by applying to it for 

purposes of redesignation any 

additional requirements under subpart 1 

that were not in effect at the time it 

submitted its redesignation request, but 

that might apply in the future. 


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5The worst-case monitoring site-specific ozone 

design value in the area and in its nearby 

downwind environs. 

B. Requirements Under the 1-Hour 

Ozone Standard 

In its December 22, 2006 decision in 

South Coast Air Quality Management 

Dist. v. EPA, the Court also addressed 

EPA’s revocation of the 1-hour ozone 

standard. The current status of the 

revocation and associated antibacksliding rules is dependent on 

whether the Court’s decision stands as 

originally issued or is modified in 

response to any petition for rehearing or 

request for clarification that has been 

filed. As described more fully below, 

EPA believes that the Chicago-GaryLake County, IL-IN area has attained the 

1-hour ozone standard and that the State 

of Indiana and Lake and Porter Counties 

have met all of the requirements 

applicable for redesignation under the 

1-hour ozone standard that would apply 

even if the 1-hour ozone standard is 

deemed to be reinstated and those 

requirements are viewed as applying 

under the statute itself. Thus, the 

Court’s decision, as it currently stands, 

imposes no impediment to moving 

forward with redesignation of Lake and 

Porter Counties to attainment based on 

the status of the 1-hour ozone standard. 

Furthermore, if the 1-hour ozone 

standard is deemed to be reinstated, 

EPA would construe the State’s 

redesignation request under the 8-hour 

ozone standard as also constituting a 

redesignation request under the 1-hour 

ozone standard. EPA proposes that, if 

the 1-hour standard is deemed to be 

reinstated, EPA would redesignate Lake 

and Porter Counties to attainment of the 

1-hour ozone standard because EPA 

believes that the area has satisfied all of 

the 1-hour requirements for such 

redesignation, as explained in the 

analysis below. Further, even if the 

Court’s decision were modified based 

on any petition for rehearing that has 

been filed such that the ultimate 

decision requires something less than 

compliance with all applicable 1-hour 

ozone requirements, this would not 

pose an impediment to redesignating 

the area to attainment of the 1-hour 

ozone standard. Since the area meets all 

current 1-hour ozone requirements as 

explained below, it would certainly 

meet any lesser requirements and, thus 

similarly, redesignation could proceed. 

IV. What Are the Criteria for 

Redesignation to Attainment of the 8- 

Hour Ozone NAAQS? 

The CAA provides the basic 

requirements for redesignating a 

nonattainment area to attainment. 

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

CAA authorizes redesignation provided 

that: (1) The Administrator determines 

that the area has attained the applicable 

NAAQS based on current air quality 

data; (2) the Administrator has fully 

approved an applicable state 

implementation plan for the area under 

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

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable emission 

reductions resulting from 

implementation of the applicable SIP, 

Federal air pollution control 

regulations, and other permanent and 

enforceable emission reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area meeting 

the requirements of section 175A of the 

CAA; and, (5) the state containing the 

area has met all requirements applicable 

to the area under section 110 and part 

D of the CAA. 

EPA provided guidance on 

redesignations in the General Preamble 

for the Implementation of Title I of the 

CAA Amendments of 1990 on April 16, 

1992 (57 FR 13498), and supplemented 

this guidance on April 28, 1992 (57 FR 

18070). Two significant policy guidance 

documents affecting the review of ozone 

redesignation requests are the following: 

‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, September 4, 1992 (the 

September 4, 1992 Calcagni 

memorandum); and, ‘‘Reasonable 

Further Progress, Attainment 

Demonstration, and Related 

Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National 

Ambient Air Quality Standard,’’

Memorandum from John S. Seitz, 

Director, Office of Air Quality Planning 

and Standards, May 10, 1995 (the May 

10, 1995 Clean Data Policy 

memorandum). For additional policy 

guidance used in the review of ozone 

redesignation requests, see our proposed 

rule for the redesignation of the 

Evansville, Indiana ozone 

nonattainment area at 70 FR 53606 

(September 9, 2005). 

V. What Are EPA’s Analyses of the 

State’s Redesignation Request and 

Maintenance Plan and What Are the 

Bases for EPA’s Proposed Action? 

EPA is proposing to: (1) Determine 

that Lake and Porter Counties and the 

Chicago-Gary-Lake County, IL-IN area 

have attained the 8-hour ozone standard 

and the 1-hour ozone standard; (2) 

approve the ozone maintenance plan for 

Lake and Porter Counties and the VOC 

and NOX MVEBs supported by the 

maintenance plan; and, (3) approve the 

redesignation of Lake and Porter 

Counties to attainment of the 8-hour 

ozone NAAQS and to attainment of the 

1-hour ozone NAAQS, if it is deemed to 

be reinstated. The bases for our 

proposed determination and approvals 

follow. 

A. Have Lake and Porter Counties and 

the Entire Chicago-Gary-Lake County, 

IL-IN Nonattainment Area Attained the 

8-Hour Ozone NAAQS and the 1-Hour 

Ozone NAAQS? 

1. Attainment of 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 of the NAAQS, 

as determined in accordance with 40 

CFR 50.10 and appendix I, based on the 

most recent three complete, consecutive 

calendar years of quality-assured air 

quality monitoring data at all ozone 

monitoring sites in the area and at any 

monitor used to calculate its design 

value. To attain this standard, the 

average of the annual fourth-high daily 

maximum 8-hour average ozone 

concentrations measured and recorded 

at each monitor (the monitoring site’s 

ozone design value) within the area and 

used to calculate its design value, over 

the most recent three-year period must 

not exceed the ozone standard. Based on 

an ozone data rounding convention 

described in 40 CFR 50, appendix I, the 

8-hour ozone standard is attained if the 

area’s ozone design value 5 is 0.084 ppm 

(84 ppb) or less. The data must be 

collected and quality-assured in 

accordance with 40 CFR 58, and is 

recorded in EPA’s Air Quality System 

(AQS). The ozone monitors generally 

should have remained at the same 

locations for the duration of the 

monitoring period required to 

demonstrate attainment (for three years 

or more). The data supporting 

attainment of the standard must be 

complete in accordance with 40 CFR 50, 

appendix I. 

At the time of the September 12, 2006 

ozone redesignation request, 

preliminary 8-hour ozone monitoring 

data for Lake and Porter Counties and 

for the Illinois portion of the ChicagoGary-Lake County, IL-IN nonattainment 

area showed that the area was attaining 

the standard for 2004–2006, and that the 

2006 4th high 8-hour daily average 

concentration was 0.081 ppm. Since the 

submittal of the redesignation request, 

Indiana and other States in the Lake 

Michigan area have submitted qualityassured data for 2006 to the AQS. Table 

1 summarizes the annual fourth-high 8- 

hour ozone concentrations during the 


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period of 2004–2006, the most recent 

three years of available quality-assured 

ozone data, for all monitors in the 

Chicago-Gary-Lake County, IL-IN area 

and for the Chiwaukee Prairie 

monitoring site in Wisconsin, the 

critical ozone design value site for the 

Chicago-Gary-Lake County, IL-IN ozone 

nonattainment area. 

TABLE 1.—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS IN PARTS PER MILLION (PPM) AND

THREE-YEAR AVERAGES

Site ID County Address/site Year 

Percent observations ozone 

season 

Fourth-high daily 

maximum 

concentration 

Threeyear average 

INDIANA MONITORING SITES 

18–089–002 ...... Lake ........................................ Gary ........................................ 2004 100 0.064 NA 

Gary ........................................ 2005 96 0.089 NA 

Gary ........................................ 2006 98 0.073 0.075 

18–089–2008 .... Lake ........................................ Hammond ................................ 2004 100 0.067 NA 

Hammond ................................ 2005 99 0.087 NA 

Hammond ................................ 2006 100 0.075 0.076 

18–127–0024 .... Porter ...................................... Ogden Dunes .......................... 2004 100 0.069 NA 

Ogden Dunes .......................... 2005 99 0.090 NA 

Ogden Dunes .......................... 2006 100 0.070 0.076 

18–127–0026 .... Porter ...................................... Valparaiso ............................... 2004 100 0.072 NA 

Valparaiso ............................... 2005 100 0.078 NA 

Valparaiso ............................... 2006 99 0.071 0.073 

ILLINOIS MONITORING SITES 

17–031–0001 .... Cook ........................................ Alsip ........................................ 2004 100 0.065 NA 

Alsip ........................................ 2005 100 0.084 NA 

Alsip ........................................ 2006 100 0.078 0.075 

17–031–0032 .... Cook ........................................ Chicago-Cheltenham .............. 2004 100 0.067 NA 

Chicago-Cheltenham .............. 2005 100 0.076 NA 

Chicago-Cheltenham .............. 2006 100 0.075 0.072 

17–031–0042 .... Cook ........................................ Wacker at Adams ................... 2004 64 0.069 NA 

Wacker at Adams ................... 2005 51 0.080 NA 

Wacker at Adams ................... 2006 85 0.072 0.073 

17–031–0064 .... Cook ........................................ Chicago-Ellis Ave. ................... 2004 100 0.054 NA 

Chicago-Ellis Ave. ................... 2005 100 0.084 NA 

Chicago-Ellis Ave. ................... 2006 99 0.070 0.069 

17–031–0072 .... Cook ........................................ Chicago-Ohio Street ............... 2004 98 0.060 NA 

Chicago-Ohio Street ............... 2005 99 0.081 NA 

Chicago-Ohio Street ............... 2006 100 0.065 0.068 

17–031–0076 .... Cook ........................................ Chicago-Lawndale .................. 2004 100 0.068 NA 

Chicago-Lawndale .................. 2005 100 0.084 NA 

Chicago-Lawndale .................. 2006 100 0.075 0.075 

17–031–1003 .... Cook ........................................ Chicago-Hurlbut St. ................. 2004 99 0.067 NA 

Chicago-Hurlbut St. ................. 2005 99 0.083 NA 

Chicago-Hurlbut St. ................. 2006 95 0.075 0.075 

17–031–1601 .... Cook ........................................ Lemont .................................... 2004 94 0.067 NA 

Lemont .................................... 2005 100 0.086 NA 

Lemont .................................... 2006 96 0.070 0.074 

17–031–4002 .... Cook ........................................ Cicero ...................................... 2004 100 0.059 NA 

Cicero ...................................... 2005 100 0.075 NA 

Cicero ...................................... 2006 100 0.060 0.064 

17–031–4007 .... Cook ........................................ Des Plaines ............................. 2004 94 0.064 NA 

Des Plaines ............................. 2005 99 0.079 NA 

Des Plaines ............................. 2006 100 0.065 0.069 

17–031–4201 .... Cook ........................................ Northbrook .............................. 2004 97 0.067 NA 

Northbrook .............................. 2005 100 0.081 NA 

Northbrook .............................. 2006 100 0.068 0.072 

17–031–7002 .... Cook ........................................ Evanston ................................. 2004 100 0.074 NA 

Evanston ................................. 2005 98 0.082 NA 

Evanston ................................. 2006 97 0.072 0.076 

17–043–6001 .... DuPage ................................... Lisle ......................................... 2004 99 0.065 NA 

Lisle ......................................... 2005 97 0.078 NA 

Lisle ......................................... 2006 100 0.062 0.068 

17–089–0005 .... Kane ........................................ Elgin ........................................ 2004 99 0.067 NA 

Elgin ........................................ 2005 100 0.086 NA 

Elgin ........................................ 2006 84 0.062 0.071 

17–097–1002 .... Lake ........................................ Waukegan ............................... 2004 100 0.067 NA 

Waukegan ............................... 2005 99 0.087 NA 

Waukegan ............................... 2006 100 0.071 0.075 

17–097–1007 .... Lake ........................................ IL Beach State Park ................ 2004 99 0.071 NA 

IL Beach State Park ................ 2005 98 0.090 NA 

IL Beach State Park ................ 2006 100 0.068 0.076 


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TABLE 1.—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS IN PARTS PER MILLION (PPM) AND

THREE-YEAR AVERAGES—Continued 

Site ID County Address/site Year 

Percent observations ozone 

season 

Fourth-high daily 

maximum 

concentration 

Threeyear average 

17–111–0001 .... McHenry .................................. Cary ......................................... 2004 100 0.068 NA 

Cary ......................................... 2005 98 0.087 NA 

Cary ......................................... 2006 100 0.057 0.070 

17–197–1011 .... Will .......................................... Essex Road ............................. 2004 99 0.067 NA 

Essex Road ............................. 2005 100 0.077 NA 

Essex Road ............................. 2006 94 0.068 0.070 

WISCONSIN MONITORING SITE 

55–059–0019 .... Kenosha .................................. Chiwaukee Prairie ................... 2004 100 0.078 NA 

Chiwaukee Prairie ................... 2005 98 0.093 NA 

Chiwaukee Prairie ................... 2006 99 0.079 0.083 

Please note that site 17–031–0042 is 

located on the top of the Sears Tower, 

in excess of 1,000 feet above groundlevel. This is a special purpose monitor 

that is not intended to measure ambient 

air concentrations (concentrations 

collected near nose levels of adults in 

areas where the public generally has 

access). As such, the lack of data during 

the ozone seasons for this site does not 

constitute a data completeness problem. 

Review of the 2004–2006 ozone 

concentrations summarized in Table 1 

shows that all of the ozone monitoring 

sites in the Chicago-Gary-Lake County, 

IL-IN ozone nonattainment area, as well 

as the Chiwaukee Prairie ozone 

monitoring site, attained the 8-hour 

ozone standard during this period. 

Therefore, based on the most recent 

three years of quality-assured ozone 

monitoring data, the 8-hour ozone 

NAAQS has been attained in the 

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

2. Attainment of the 1-Hour Ozone 

NAAQS 

Prior to the revocation of the 1-hour 

ozone standard, the Chicago-Gary-Lake 

County IL-IN area was designated a 

severe nonattainment area under the 1- 

hour standard. If the 1-hour NAAQS is 

deemed reinstated, EPA would construe 

the State’s request for redesignation 

under the 8-hour standard as also 

constituting a request under the 1-hour 

standard. To support a possible 

redesignation to attainment for Lake and 

Porter Counties to attainment of the 1- 

hour ozone NAAQS, if the 1-hour 

NAAQS is deemed reinstated, it must be 

shown that the Chicago-Gary-Lake 

County, IL-IN area is attaining the 1- 

hour ozone NAAQS. An area is 

considered attaining the 1-hour ozone 

NAAQS if there are no violations, as 

determined in accordance with the 

regulation codified at 40 CFR 50.9, 

based on three consecutive calendar 

years of complete, quality-assured 

monitoring data. A violation occurs 

when the ozone air quality monitoring 

data show greater than one (1.0) average 

expected exceedance per year at any site 

in the area. An exceedance occurs when 

the maximum hourly ozone 

concentration exceeds 0.124 parts per 

million (ppm). The data should be 

collected and quality-assured in 

accordance with 40 CFR part 58, and 

recorded in the AQS so that it is 

available to the public for review. 

The Indiana request is based on an 

analysis of ozone air quality data from 

2004–2006. Table 2 below summarizes 

this air quality data. 

TABLE 2.—1-HOUR OZONE EXCEEDANCES AT MONITORING SITES IN THE CHICAGO-GARY-LAKE COUNTY, IL-IN AREA

INCLUDING THE CHIWAUKEE PRAIRIE MONITORING SITE (2004–2006) 

Site code County Site No. 2004 

exceedances 

No. 2005 

exceedances 

No. 2006 

exceedances 

3-year avg. 

exceedances 

ILLINOIS 

17–031–0001 .... Cook ...................................... Alsip ...................................... 0.0 1.0 0.0 0.3 

17–031–0076 .... Cook ...................................... Chicago-Com Ed ................... 0.0 0.0 0.0 0.0 

17–031–0072 .... Cook ...................................... Chicago-Jardine .................... 0.0 0.0 0.0 0.0 

17–031–0032 .... Cook ...................................... Chicago-SWFP ..................... 0.0 1.0 0.0 0.3 

17–031–1003 .... Cook ...................................... Chicago-Taft .......................... 0.0 0.0 0.0 0.0 

17–031–0064 .... Cook ...................................... Chicago-University ................ 0.0 0.0 0.0 0.0 

17–031–4002 .... Cook ...................................... Cicero .................................... 0.0 0.0 0.0 0.0 

17–031–4007 .... Cook ...................................... Des Plaines ........................... 0.0 0.0 0.0 0.0 

17–031–7002 .... Cook ...................................... Evanston ............................... 0.0 0.0 0.0 0.0 

17–031–1601 .... Cook ...................................... Lemont .................................. 0.0 0.0 0.0 0.0 

17–031–4201 .... Cook ...................................... Northbrook ............................ 0.0 0.0 0.0 0.0 

17–043–6001 .... DuPage ................................. Lisle ....................................... 0.0 0.0 0.0 0.0 

17–089–0005 .... Kane ...................................... Elgin ...................................... 0.0 0.0 0.0 0.0 

17–097–1002 .... Lake ...................................... Waukegan ............................. 0.0 0.0 0.0 0.0 

17–097–1007 .... Lake ...................................... Zion ....................................... 0.0 0.0 0.0 0.0 

17–111–0001 .... McHenry ................................ Cary ....................................... 0.0 0.0 0.0 0.0 

17–197–1011 .... Will ........................................ Braidwood ............................. 0.0 0.0 0.0 0.0 

INDIANA 

18–089–0022 .... Lake ...................................... Gary ...................................... 0.0 1.0 0.0 0.3 


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TABLE 2.—1-HOUR OZONE EXCEEDANCES AT MONITORING SITES IN THE CHICAGO-GARY-LAKE COUNTY, IL-IN AREA

INCLUDING THE CHIWAUKEE PRAIRIE MONITORING SITE (2004–2006)—Continued 

Site code County Site No. 2004 

exceedances 

No. 2005 

exceedances 

No. 2006 

exceedances 

3-year avg. 

exceedances 

18–089–2008 .... Lake ...................................... Hammond .............................. 0.0 0.0 0.0 0.0 

18–089–0030 .... Lake ...................................... Whiting .................................. 0.0 0.0 0.0 0.0 

18–127–0024 .... Porter .................................... Ogden Dunes ........................ 0.0 1.0 0.0 0.3 

18–127–0026 .... Porter .................................... Valparaiso ............................. 0.0 0.0 0.0 0.0 

WISCONSIN 

55–059–0019 .... Kenosha ................................ Chiwaukee Prairie ................. 0.0 0.0 0.0 0.0 

From Table 2, it can be seen that the 

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

attaining the 1-hour ozone standard for 

the 2004–2006 period because there 

were no average expected exceedances 

greater than 1.0. 

B. Has the State of Indiana Committed 

To Maintain the Ozone Monitoring 

System in Lake and Porter Counties? 

IDEM commits to maintain the ozone 

monitoring system in Lake and Porter 

Counties during the maintenance 

period. Any necessary changes in the 

ozone monitoring system will be 

discussed in advance with the EPA. 

Therefore, the State of Indiana meets a 

redesignation condition that we 

normally require of States seeking 

redesignation of areas to attainment of 

the ozone standard. 

C. Have Lake and Porter Counties and 

the State of Indiana Met All of the 

Requirements of Section 110 and Part D 

of the CAA Applicable for Purposes of 

Redesignation, and Do Lake and Porter 

Counties Have a Fully Approved SIP 

Under Section 110(k) of the CAA for 

Purposes of Redesignation to 

Attainment? 

We have determined that Lake and 

Porter Counties and the State of Indiana 

have met all SIP requirements currently 

applicable for purposes of redesignation 

to attainment of the 8-hour NAAQS for 

this area under section 110 of the CAA 

(general SIP requirements). We have 

also determined that Indiana has met 

the SIP requirements applicable for 

purposes of redesignation under subpart 

2 part D of title I of the CAA 

(requirements specific to ozone 

nonattainment areas classified under 

subpart 2. See section 107(d)(3)(E)(v) of 

the CAA. In addition, we have 

determined that all applicable 

requirements, with the exception of the 

base year emissions inventory, are 

approved in the Indiana SIP. As 

discussed in section VIII, below, as part 

of today’s action, EPA is proposing to 

approve Indiana’s 2002 base year 

emissions inventory. See section 

107(d)(3)(E)(ii) of the CAA. In making 

these determinations, we reviewed the 

CAA requirements which are applicable 

to Lake and Porter Counties for 

purposes of redesignation, and 

concluded that the applicable portions 

of the SIP meeting these requirements 

are fully approved under section 110(k) 

of the CAA. We note that SIPs must be 

fully approved only with respect to 

currently applicable requirements of the 

CAA, which in this case are those CAA 

requirements applicable to Lake and 

Porter Counties at the time the State 

submitted a complete ozone 

redesignation request for this area, on 

September 12, 2006. 

1. Lake and Porter Counties Have Met 

All Requirements of Section 110 and 

Part D of the CAA Applicable for 

Purposes of Redesignation for the 8- 

Hour NAAQS 

The September 4, 1992 Calcagni 

memorandum describes EPA’s 

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

the CAA. Under this interpretation, to 

qualify for redesignation of an area to 

attainment, the State and the area must 

meet the relevant CAA requirements 

that come due prior to the State’s 

submittal of a complete redesignation 

request for the area. See also a 

September 17, 1993 memorandum from 

Michael Shapiro, Acting Assistant 

Administrator for Air and Radiation, 

subject ‘‘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’’ and 66 FR 12459, 

12465–12466 (March 7, 1995) 

redesignation of Detroit-Ann Arbor, 

Michigan to attainment of the 1-hour 

ozone NAAQS. Applicable requirements 

of the CAA that come due subsequent to 

the State’s submittal of a complete 

redesignation request remain applicable 

until a redesignation to attainment of an 

area is approved, but are not required as 

a prerequisite to redesignation. See 

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) 

(redesignation of the St. Louis/East St. 

Louis area to attainment of the 1-hour 

ozone NAAQS). 

a. Section 110 and General SIP 

Requirements 

Section 110(a) of title I of the CAA 

contains 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 

emission limitations. General SIP 

elements and requirements are specified 

in section 110(a)(2) of title I, part A of 

the CAA. These requirements and SIP 

elements include, but are not limited to, 

the following: (i) Submittal of a SIP that 

has been adopted by the State after 

reasonable public notice and a public 

hearing; (ii) provisions for establishment 

and operation of appropriate procedures 

needed to monitor ambient air quality; 

(iii) provisions for implementation of a 

source permit program; (iv) provisions 

for implementation of new source part 

C requirements (Prevention of 

Significant Deterioration (PSD)) and 

new source part D requirements (NSR); 

(v) criteria for stationary source 

emission control measures, monitoring, 

and reporting; (vi) provisions for air 

quality modeling; and, (vii) provision 

for public and local agency 

participation. 

SIP requirements and elements are 

discussed in the following EPA 

documents: The September 4, 1992 

Calcagni memorandum; and, the 

September 17, 1993 Shapiro 

memorandum. See also other guidance 

documents discussed above. 

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

requires SIPs to contain certain 

measures to prevent sources in one state 

from significantly contributing to air 


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6As a part of a moderate nonattainment area for 

the 8-hour ozone NAAQS, Lake and Porter Counties 

are subject to requirements for both moderate 

nonattainment areas and marginal nonattainment 

areas because the requirements of section 182 are 

cumulative. Under this section, nonattainment 

areas are subject to all requirements at their 

classification level and all requirements for areas of 

lower classification. 

7As a severe nonattainment area under the 1-hour 

ozone NAAQS, Lake and Porter Counties had to 

comply with requirements for severe ozone 

nonattainment areas. 

quality problems in another state. 

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

requirements for a state are not linked 

with a particular nonattainment area’s 

classification. EPA believes that the 

requirements linked with a particular 

nonattainment area’s classification are 

the relevant measures to evaluate when 

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. 

We believe that these requirements 

should not be construed to be applicable 

requirements for purposes of 

redesignation. 65 FR 37890 (June 19, 

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

68 FR 25418, 25426–27 (May 13, 2003). 

Further, we believe that the other 

section 110 elements described above 

that are not connected with 

nonattainment plan submissions and 

that are not linked with an area’s 

attainment status are also not applicable 

requirements for purposes of 

redesignation. A state remains subject to 

these requirements after an area is 

redesignated to attainment. We 

conclude that only the section 110 and 

part D requirements which are linked 

with an area’s designation and 

classification are the relevant measures 

for evaluating this aspect of a 

redesignation request. This approach is 

consistent with EPA’s policy on 

applicability of conformity and 

oxygenated fuels requirements for 

redesignation purposes, as well as with 

section 184 ozone transport control 

requirements. See: Reading, 

Pennsylvania proposed and final 

rulemakings (61 FR 53174–53176, 

October 10, 1996 and 62 FR 24826, May 

7, 1997); Cleveland-Akron-Lorain, Ohio 

final rulemaking (61 FR 20458, May 7, 

1996); and Tampa, Florida final 

rulemaking (60 FR 62748, December 7, 

1995). See also the discussion on this 

issue in the Cincinnati, Ohio ozone 

redesignation (65 FR 37890, June 19, 

2000), and the Pittsburgh, Pennsylvania 

ozone redesignation (66 FR 50399, 

October 19, 2001). 

We believe 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, 

because, as noted below, the only Part 

D requirements applicable for purposes 

of redesignation under the 8-hour 

standard that have become due are the 

emissions inventory and emissions 

statement. Therefore EPA concludes 

that Indiana has satisfied the criterion of 

section 107(d)(3)(E) regarding section 

110 of the Act. 

Nonetheless, we also note that the 

EPA has previously approved 

provisions in the Indiana SIP addressing 

section 110 elements under the 1-hour 

ozone standard. 

b. Part D SIP Requirements Under the 8- 

Hour Ozone Standard 

EPA has determined that the Indiana 

SIP, with the approval of the base year 

emissions inventory, will meet 

applicable SIP requirements under part 

D of the CAA as they apply to 

redesignation to attainment of the 8- 

hour ozone NAAQS. Under part D, an 

area’s classification indicates the 

requirements to which it will be subject. 

Subpart 1 of part D, which includes 

sections 172–176 of the CAA, sets forth 

the basic nonattainment area plan 

requirements applicable to all 

nonattainment areas. Subpart 2 of part 

D, which includes section 182 of the 

CAA, establishes additional, specific 

requirements for ozone nonattainment 

areas dependent on an area’s 

nonattainment classification. 

The subpart 1 requirements for all 

nonattainment areas are contained in 

sections 172(c)(1–9) and section 176. A 

thorough discussion of the requirements 

of section 172 can be found in the 

General Preamble for Implementation of 

Title I (57 FR 13498). 

The SIP requirements of subpart 2 

which are relevant to the review of 

Indiana’s ozone redesignation request 

are contained in sections 182(a) 

(marginal nonattainment area 

requirements) and 182(b) (moderate 

nonattainment area requirements) of the 

CAA.6 As noted in our discussion of 1- 

hour nonattainment requirements, 

below, as part of a severe 1-hour ozone 

nonattainment area, the State of Indiana 

and Lake and Porter Counties had 

previously been subject to the 

requirements of sections 182(a), 182(b), 

and 182(c) and 182(d) of the CAA.7

As a moderate nonattainment area 

under the 8-hour ozone NAAQS, the 

Chicago-Gary-Lake County 

nonattainment area was subject to 

subpart 2 requirements for moderate 

nonattainment areas. Only two ‘‘new’’

requirements for moderate 

nonattainment areas under the 8-hour 

ozone NAAQS came due prior to 

Indiana’s September 12, 2006 submittal 

of the complete redesignation request 

for Lake and Porter Counties. One such 

requirement is that the State submit a 

2002 base year comprehensive, accurate 

inventory of actual emissions of VOC 

and NOX in Lake and Porter Counties in 

compliance with section 182(a)(1) of the 

CAA. This requirement came due on 

June 15, 2006, prior to submission of the 

area’s redesignation request. 70 FR 

71612, 71664 (November 29, 2005) 40 

CFR section 5.915. On March 26, 2007, 

IDEM submitted documentation of 2002 

base year VOC and NOX emissions in 

every county in the State. The base year 

emissions documentation for Lake and 

Porter Counties is reviewed below in 

section VIII of this proposed rule. EPA 

proposes to conclude that Indiana has 

complied with this requirement. 

A second requirement which came 

due on June 15, 2006 is a requirement 

under section 182(a)(3)(B) of the CAA 

for State rules requiring major stationary 

sources to annually report facility 

emissions of VOC and NOX (annual 

emission statements). Indiana revised its 

State rule regarding emission statements 

under the 8-hour ozone standard, and 

we approved this rule on March 29, 

2007 (72 FR 14678). 

We believe that other requirements 

under subparts 1 and 2 that apply to 

Lake and Porter Counties did not come 

due prior to the State’s submittal of a 

complete ozone redesignation request 

for this area and thus do not apply to 

an evaluation of the redesignation 

request. Under EPA’s longstanding 

policy these requirements are not 

applicable for purposes of 

redesignation. See September 4, 1992 

Calcagni memorandum, Detroit-Ann 

Arbor redesignation, 60 FR 12459, 

12465–66 (March 7, 1995), and Sierra 

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

2004). 

For example, the requirement for 

submission of an ozone attainment 

demonstration as contained in section 

172(c)(1) was not yet applicable for this 

area, nor was the requirement for 

contingency measures under section 

172(c)(9) and 182(c)(9), both of which 

were not due until June 15, 2007. 

In addition, no section 172(c)(1) and 

182(b)(2) RACT requirement submission 

under the 8-hour standard is applicable 

for purposes of redesignation, since the 

State submitted a redesignation request 

on September 12, 2006, prior to the due 

date of the RACT requirements. Thus 

because the RACT requirements did not 

become due until after September 15, 

2006, under EPA’s longstanding policy 


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these requirements are not applicable 

for purposes of redesignation. 

Preliminary monitoring data through the 

time of submittal of the redesignation 

request showed that the area was 

attaining the standard, and qualityassured data subsequently showed that 

the area continued to attain the standard 

through the end of the ozone season. In 

addition, the fourth-high concentration 

for all monitoring sites had occurred by 

mid-July, 2006. The State of Indiana was 

tracking peak ozone concentrations in 

2006, and through the near-realtime 

AIRNOW public information system; so 

was EPA. EPA and the State were aware 

of the fact that the likely high ozone 

concentrations in 2006 had occurred 

prior to the State’s submittal of the 

redesignation request. After reviewing 

the peak 8-hour ozone concentrations in 

2006, we found that the top four 8-hour 

ozone concentrations for all monitoring 

sites in the Chicago-Gary-Lake County, 

IL-IN area and the Chiwaukee Prairie 

site during 2006 occurred well prior to 

September 12. In recent previous years 

as well, no fourth high concentration in 

excess of the standard had occurred 

after September 12, and values 

monitored in late September were below 

the standard. In 2004–2006, no values 

above 85 ppm were recorded after 

September 12. Given the fact that peak 

ozone concentrations in this area 

usually occur in June, July, and August, 

it was highly unlikely at the time of 

submittal that any additional 

exceedances would occur after 

submittal of the redesignation request, 

and quality-assured data showed that 

none did in fact occur. 

Moreover, with respect to conformity 

and NSR requirements, EPA believes 

that these are not applicable 

requirements for purposes of evaluating 

a redesignation request. 

Under Section 176(c), the CAA 

requires states to establish criteria and 

procedures to ensure that Federallysupported or funded activities, 

including highway projects, conform to 

the air planning goals in the applicable 

SIPs. 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 SIP revisions must be 

consistent with Federal conformity 

regulations that EPA issued pursuant to 

the CAA. EPA’s longstanding 

interpretation is that conformity 

requirements are not applicable 

requirements for purposes of evaluating 

redesignation requests. State conformity 

rules are still required after 

redesignation of areas to attainment of a 

NAAQS, and Federal conformity rules 

apply where state rules have not been 

approved. See Wall v. EPA, 265 F.3d 

426 (6th Cir. 2001). See also 60 FR 

62748 (December 7, 1995) (Tampa, 

Florida). 

EPA has also determined that areas 

being redesignated need not comply 

with the requirement that a NSR 

program be approved prior to 

redesignation (although Indiana does 

have an approved NSR program), 

provided that the states demonstrate 

maintenance of the standard without 

part D NSR. PSD requirements will 

apply after redesignations to attainment. 

A more detailed rationale for this view 

is described in a memorandum from 

Mary Nichols, Assistant Administrator 

for Air and Radiation, dated October 14, 

1994, entitled, ‘‘Part D New Source 

Review Requirements for Areas 

Requesting Redesignation to 

Attainment.’’ Indiana has demonstrated 

that Lake and Porter Counties and the 

Chicago-Gary-Lake County, IL-IN area 

will be able to maintain the 8-hour 

ozone standard without part D NSR in 

effect, and therefore, we conclude that 

the State need not have a fully approved 

part D NSR program prior to approval of 

the redesignation request. The State’s 

PSD program will become effective in 

Lake and Porter Counties upon 

redesignation to attainment. See 

rulemakings for: Detroit, Michigan (60 

FR 12467–12468, March 7, 1995); 

Cleveland-Akron-Lorain, Ohio (61 FR 

20458, 20469–20470, May 7, 1996); 

Louisville, Kentucky (66 FR 53665, 

October 23, 2001); and, Grand Rapids, 

Michigan (61 FR 31834–31837, June 21, 

1996). 

2. Lake and Porter Counties Have a 

Fully Approved SIP Under Section 

110(k) of the CAA 

Except as noted above with respect to 

emissions inventories, EPA has fully 

approved the Indiana SIP for Lake and 

Porter Counties under section 110(k) of 

the CAA for all requirements applicable 

for purposes of redesignation. EPA may 

rely on prior SIP approvals in approving 

a redesignation request (See the 

September 4, 1992 John Calcagni 

memorandum, page 3, Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–990 (6th 

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

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

measures it may approve in conjunction 

with a redesignation action. See 68 FR 

25426 (May 12, 2003). Indiana has 

adopted and submitted, and EPA has 

fully approved at various times, 

provisions addressing the various 1- 

hour required SIP elements applicable 

to Lake and Porter Counties for 

purposes of redesignation, as well as the 

emissions statement provision for the 8- 

hour 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 reviewing 

the State’s redesignation request. EPA 

also believes that since the part D 8- 

hour requirements, (with the exception 

of the requirements for submittal of the 

emissions statement, and the 

requirement for submittal of a base year 

emissions inventory, which we address 

here, including documentation of the 

base year emissions supplied by the 

State subsequent to the submittal of the 

ozone redesignation request), did not 

become due prior to Indiana’s 

submission of a final, complete 

redesignation request for Lake and 

Porter Counties, they also are not 

applicable requirements for purposes of 

redesignation. 

D. Have Lake and Porter Counties Met 

the Part D Nonattainment Area and 

Section 110 Requirements Under the 1- 

Hour Ozone Standard? 

In this section of the proposed rule, 

we discuss the 1-hour ozone SIP 

emission control requirements of the 

CAA applicable to Lake and Porter 

Counties. As noted above, prior to the 

revocation of the 1-hour ozone standard, 

the Chicago-Gary-Lake County, IL-IN 

area was a severe nonattainment area 

under the 1-hour ozone standard. In 

reviewing the State of Indiana’s ozone 

redesignation request for Lake and 

Porter Counties, we assessed the 

compliance of this area with the CAA 

requirements under the 1-hour ozone 

standard. If the 1-hour standard is 

deemed to be reinstated, EPA would 

construe the State’s request for 

redesignation under the 8-hour standard 

as also constituting a request under the 

1-hour standard. We conclude that Lake 

and Porter Counties and the State have 

met all CAA requirements applicable to 

a severe 1-hour ozone nonattainment 

area. 

Lake and Porter Counties, as part of 

the Chicago-Gary-Lake County, IL-IN 

area, were subject to ozone requirements 

for severe 1-hour ozone nonattainment 

areas pursuant to sections 182(a) 

through 182(d) of the CAA. 

The following paragraphs discuss 

how the applicable requirements have 

been met, if the 1-hour standard is 

deemed to be reinstated. 


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

submit revisions to their SIPs to reflect certain 

Federal criteria and procedures for determining 

transportation conformity. Transportation 

conformity SIPs are different from motor vehicle 

emissions budgets that are established in control 

strategy SIPs and maintenance plans. 

RACT 

Section 182(a)(2)(A) requires RACT 

corrections, Section 182(b)(2) of the 

CAA requires RACT for each category of 

VOC sources covered by a Control 

Technique Guideline (CTG) and for all 

other major sources of VOC within an 

ozone nonattainment area, and Section 

182(d) specifies requirements for severe 

areas, including a major source cutoff of 

25 tons per year. Section 182(f) of the 

CAA requires major sources of NOX in 

an ozone nonattainment area to be 

covered by the same types of emission 

controls required for sources of VOC, or, 

in other words, it requires NOX RACT. 

Through rulemakings on: March 6, 1992 

(57 FR 8082); May 4, 1995 (60 FR 

22240); July 5, 1995 (60 FR 34856); 

January 17, 1997 (62 FR 2591 and 62 FR 

2593); October 30, 1996 (61 FR 55889); 

June 29, 1998 (63 FR 35141); and, June 

8, 2000 (65 FR 36343), EPA fully 

approved Indiana’s VOC RACT 

regulation SIP revisions for Control 

Technique Guideline (CTG) sources and 

for non-CTG sources which have an 

applicability threshold of 25 tons per 

year (tpy) or more. On January 26, 1996 

(61 FR 2428), EPA approved a NOX

control waiver request under section 

182(f) of the CAA, exempting Lake and 

Porter Counties from the NOX RACT 

requirement of section 182(f) as it 

applied to the 1-hour ozone NAAQS. 

NSR 

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

adopt an NSR permit program and to 

correct the existing NSR permit 

programs to meet EPA NSR guidelines 

issued prior to 1990. EPA approved 

Indiana’s NSR permit program, 

including the requirements in section 

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

requirements in section 182(d)(2) 

through rulemakings on October 7, 1994 

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

43008), and July 21, 1997 (62 FR 38919). 

Moreover, as noted above, EPA believes 

that these are not applicable 

requirements for purposes of evaluating 

a redesignation request. 

Major Source Emission Statements 

Section 182(a)(3)(B) of the CAA 

requires States to adopt rules requiring 

major sources of VOC and NOX in an 

ozone nonattainment area to submit 

annual emissions statements regarding 

their emissions for the prior years. 

Through rulemakings on August 9, 1994 

(59 FR 29956) and October 29, 2004 (69 

FR 63069), EPA approved Indiana’s 

emissions statements regulations for 1- 

hour ozone nonattainment areas. 

Vehicle I/M 

Through rulemakings on March 19, 

1996 (61 FR 11142) and September 27, 

2001 (66 FR 49297), EPA fully approved 

Indiana’s vehicle I/M program as 

meeting the enhanced program 

requirements of section 182(c)(3) of the 

CAA. Therefore, Lake and Porter 

Counties meet the I/M requirements for 

a severe 1-hour ozone nonattainment 

area. 

ROP 

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

of the CAA establish the ROP 

requirements for ozone nonattainment 

areas. EPA has fully approved Indiana’s 

SIP revisions that demonstrate that 

Indiana has achieved ROP in Lake and 

Porter Counties. On July 18, 1997 (62 FR 

38457), EPA approved Indiana’s plan to 

achieve a 15 percent reduction in VOC 

emissions in Lake and Porter Counties 

that was required in section 182(b) of 

the CAA. On January 26, 2000 (65 FR 

4126), EPA approved Indiana’s plan to 

achieve ROP between 1996 and 1999 in 

Lake and Porter Counties, meeting the 

ROP requirements of section 182(c) of 

the CAA. Finally, on November 13, 2001 

(66 FR 56944), EPA approved Indiana’s 

plan to achieve ROP emission 

reductions from 1999 through 2007. 

Stage II Gasoline Vapor Recovery 

On November 3, 1999 (64 FR 59642), 

EPA approved Indiana’s Stage II 

gasoline vapor recovery program for 

Lake and Porter Counties as required by 

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

Clean Fuel Fleet Program 

On March 21, 1996 (61 FR 11552), 

EPA approved Indiana’s clean fuel fleet 

program rules as required by section 

182(c)(4) of the CAA. 

Conformity 

The conformity portion of the Court’s 

ruling in South Coast Air Quality 

Management District v. EPA does not 

impact the redesignation request for 

Lake and Porter Counties because there 

are no conformity requirements that are 

relevant to redesignation requests for 

any standard, including the requirement 

to submit a transportation conformity 

SIP.8 Under longstanding EPA policy, 

EPA believes it is reasonable to interpret 

the conformity SIP requirements as not 

applying for purposes of evaluating a 

redesignation request under section 

107(d) because State conformity rules 

are still required after redesignation and 

Federal conformity rules apply where 

State rules have not been approved. See 

40 CFR 51.390. Also see Wall v. EPA, 

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

this interpretation, and 60 FR 62748 

(December 7, 1995) (Tampa, Florida 

ozone redesignation). 

Section 185 Fee Provisions 

Although the fees provision under 

section 185(a) of the CAA was not 

specifically identified in the May 10, 

1995 Clean Data Policy memorandum as 

one of the requirements subject to EPA’s 

Clean Data Policy interpretation, EPA’s 

statutory interpretation extends to this 

provision. Under section 185(a), the fees 

provision is expressly a component of 

the attainment demonstration and, since 

the requirement for an attainment 

demonstration is suspended, the 

requirement for its components is also 

suspended when an area is monitoring 

attainment of the standard. See 40 CFR 

section 51.918. EPA has taken the same 

position with respect to the Reasonably 

Available Control Measures (RACM) 

requirement, which is also a component 

of the attainment demonstration. 70 FR 

71645–71646 (November 29, 2005). EPA 

proposes to find that Lake and Porter 

Counties are attaining the 1-hour ozone 

standard, and, thus, the requirement for 

submitting a fee provision as a 

component of the 1-hour attainment 

demonstration is suspended for so long 

as the area is attaining the standard and 

until it is redesignated to attainment. 

Section 182(g) Milestones 

The Section 182(g) Milestones 

requirements are included in those 

measures subject to EPA’s interpretation 

in its Clean Data Policy memorandum of 

May 10, 1995, and because EPA has 

determined that the area has attained 

the 1-hour standard, the requirement of 

section 182(g) is not applicable for so 

long as the area attains the standard and 

until it is redesignated to attainment. 

See also 40 CFR section 51.918. 

Enhanced Ambient Monitoring 

On March 16, 1994 (59 FR 12168), 

EPA fully approved Indiana’s SIP 

revision establishing an enhanced 

monitoring program in Lake and Porter 

Counties as required by section 

182(c)(1) of the CAA. 

Transportation Control Measures 

Within six years of November 15, 

1990, and every three years thereafter, 

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

states to submit a demonstration of 

whether current aggregate vehicle 

mileage, aggregate vehicle emissions, 


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congestion levels, and other relevant 

traffic-related and vehicle emissionsrelated factors (collectively ‘‘relevant 

parameters’’) are consistent with those 

used for the area’s ozone demonstration 

of attainment for serious and above 1- 

hour ozone nonattainment areas. If the 

levels of relevant parameters that are 

projected in the attainment 

demonstration are exceeded, a state has 

18 months to develop and submit a 

revision of the applicable state 

implementation plan to include TCMs 

to reduce emissions to a level consistent 

with emissions levels in the attainment 

demonstration for an area. 

Alternatively, EPA has determined 

that nonattainment areas are not 

permanently locked into the estimates 

of future emissions given in the initial 

SIP submittal, nor locked into those in 

any subsequently approved amendment 

thereto. As we stated in the General 

Preamble, once approved, the amended 

SIP revision would have the effect of 

increasing the allowable motor vehicle 

emissions (including those due to 

changes in the relevant parameters). See 

57 FR 13498 at 13520 (April 16, 1992). 

Thus, if actual emissions exceed those 

projected in an area’s attainment 

demonstration, a state may at any time 

before the area reaches attainment, 

amend an area’s SIP to demonstrate 

attainment while altering the mix of 

emissions reductions in the SIP from 

various kinds of sources (motor vehicle 

versus non-motor vehicle), rather than 

include TCMs in the SIP. 

On April 30, 1998, Indiana submitted 

an ozone attainment demonstration 

based on a range of possible emission 

control measures reflecting various 

emission control alternatives and did 

not specify a single set of emission 

control measures. On December 16, 

1999 (64 FR 70514), the EPA proposed 

to conditionally approve the 1-hour 

ozone attainment demonstration for 

Lake and Porter Counties. On December 

21, 2000, Indiana submitted a SIP 

revision request consisting of a 

demonstration that the Chicago-GaryLake County, IL-IN 1-hour ozone 

nonattainment area would attain the 1- 

hour ozone NAAQS by November 15, 

2007, the statutory attainment deadline 

for the area. The requested SIP revision 

was fully approved on November 13, 

2001 (66 FR 56944). EPA, therefore, 

concludes that Indiana has complied 

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

of the CAA, has no currently due 

section 182(c)(5) obligations, and, by the 

virtue of EPA’s approval of the 1-hour 

ozone attainment demonstration, has 

never triggered an obligation under 

section 182(c)(5) to include additional 

TCMs in the 1-hour ozone SIP for Lake 

and Porter Counties. In addition, the 

section 182(c)(5) requirements are also 

included in those measures subject to 

EPA’s interpretation under EPA’s May 

10, 1995 Clean Data Policy 

memorandum. EPA therefore proposes 

in the alternative to find that since Lake 

and Porter Counties are attaining the 1- 

hour ozone standard, any requirement 

for submitting the section 182(c)(5) 

measures is suspended for so long as the 

area is attaining the standard and until 

it is redesignated to attainment. See also 

40 CFR 51.918. 

Vehicle Miles Traveled 

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

requires severe ozone nonattainment 

areas to offset the growth in emissions 

attributable to growth in Vehicle Miles 

Traveled (VMT); to select and 

implement TCMs necessary to comply 

with the periodic emission reduction 

requirements of section 182(b) and (c); 

and, to consider TCMs specified in 

section 108(f), and implement such 

TCMs as necessary to demonstrate 

attainment with the ozone standard. 

Through rulemakings on July 28, 1995 

(60 FR 38718) and August 3, 2001 (66 

FR 40829), EPA approved Indiana’s 

TCMs as meeting these requirements of 

the CAA. 

NOX Requirements 

With respect to NOX requirements 

under section 182(f) of the CAA, as 

discussed above, EPA has approved a 

NOX control waiver for Lake and Porter 

Counties. See 61 FR 2428 (January 26, 

1996). In addition, we have approved 

Indiana NOX emission control 

regulations adopted in response to 

EPA’s NOX SIP call. See 66 FR 56465 

(November 8, 2001) and 68 FR 69025 

(December 11, 2003). 

Emission Inventories 

Section 182(a)(1) requires that States 

submit comprehensive, accurate, 

current inventories of actual emissions 

from all sources, within 2 years of 

enactment of the CAA amendments of 

1990. This inventory requirement was 

approved on January 4, 1995 (60 FR 

375). Periodic VOC and NOX emission 

inventories were required to be 

submitted every three years, beginning 

in November 15, 1995. NOX and VOC 

emission inventory updates for 1999, 

2002, and 2004 are contained in 

Indiana’s September 12, 2006 submittal. 

EPA is proposing to approve these 

emission inventory updates as meeting 

the section 182(a)(3)(A) requirement of 

the CAA for periodic emission 

inventory submissions under the 1-hour 

standard. 

Ozone Attainment Demonstration 

As noted above, on November 13, 

2001 (66 FR 56944), EPA fully approved 

Indiana’s 1-hour ozone attainment 

demonstration SIP revision for the 

Chicago-Gary-Lake County, IL-IN 

1-hour ozone nonattainment area. 

Contingency Measures 

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

CAA require ozone control plans to 

contain measures to be implemented in 

the event that any milestone in the 

ozone control plan is missed. EPA 

approved Indiana’s contingency 

measures for attainment of the 1-hour 

ozone standard in Lake and Porter 

Counties in our approval of the State’s 

ozone attainment plan. See 66 FR 56944 

(November 13, 2001). 

For the above reasons EPA believes 

that Indiana has met all applicable part 

D requirements under the 1-hour ozone 

standard for purposes of redesignation. 

It is noted that the State has committed 

to maintain the VOC and NOX emission 

controls already in place. 

In addition, EPA has previously 

approved provisions in the Indiana SIP 

addressing section 110 elements under 

the 1-hour standard. We have analyzed 

the Indiana SIP as codified in 40 CFR 

part 52, subpart P, and have determined 

that it is consistent with the 

requirements of section 110(a)(2) of the 

CAA. 

Therefore, with regard to compliance 

with the requirements for the 1-hour 

ozone standard, the State has met all 

applicable requirements for purpose of 

redesignation under the 1-hour 

standard, were that standard to be 

deemed reinstated. In addition, as 

discussed below, the State’s 

maintenance plan for the 8-hour 

standard also provides for maintenance 

of the 1-hour standard (the area has an 

approvable ozone maintenance plan and 

the State is committed to revise this 

plan within 8 years after the 

redesignation of the area to attainment). 

We also find that, as set forth below, the 

area has achieved the ozone standard 

due to the implementation of 

permanent, enforceable emission 

controls; and the EPA has fully 

approved an ozone SIP meeting all 

requirements applicable for purposes of 

redesignation. As noted below, the State 

of Indiana and Lake and Porter Counties 

meet these requirements for the 8-hour 

ozone NAAQS. We propose to find that 

Lake and Porter Counties would also 

qualify for redesignation to attainment 

of the 1-hour ozone NAAQS if this 

standard is deemed to be reinstated. 


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E. Are the Air Quality Improvements in 

Lake and Porter Counties and in the 

Chicago-Gary-Lake County, IL-IN 

Nonattainment Area Due to Permanent 

and Enforceable Emission Reductions 

Resulting From the Implementation of 

the Indiana SIP and Applicable Federal 

Air Pollution Control Regulations and 

Other Permanent and Enforceable 

Emission Reductions? 

To make the demonstration that the 

improvement in air quality is due to 

permanent and enforceable emissions 

reductions, the State of Indiana has 

documented changes in VOC and NOX

emissions from all anthropogenic (manmade or man-based) sources in Lake and 

Porter Counties between 1999 and 2004, 

including 2002, an ozone standard 

violation year, and 2004, one of the 

years in which the Chicago-Gary-Lake 

County, IL-IN area attained the 8-hour 

ozone standard. The State has also 

discussed the permanent and 

enforceable emission controls that have 

been implemented in Lake and Porter 

Counties, in the State of Indiana, and in 

other upwind areas that have 

contributed to the air quality 

improvement in Lake and Porter 

Counties. 

Table 3 summarizes the VOC and 

NOX emissions totals from the 

anthropogenic sources in Lake and 

Porter Counties for 1999 through 2004. 

From the table, it can be seen that both 

VOC and NOX emissions in Lake and 

Porter Counties decreased between 1999 

and 2004 and, most importantly, 

between 2002, an ozone standard 

violation year, and 2004, an ozone 

standard attainment year. 

TABLE 3.—VOC AND NOX EMISSIONS FROM ANTHROPOGENIC SOURCES IN LAKE AND PORTER COUNTIES IN TONS PER

SUMMER DAY

Source sector 1999 2002 2004 

VOC Emissions: 

Point .............................................................................................................................................................. 28.84 24.58 25.62 

Area .............................................................................................................................................................. 49.59 32.27 31.33 

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

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

Total ....................................................................................................................................................... 131.70 111.94 107.48 

NOX Emissions: 

Point .............................................................................................................................................................. 214.58 186.44 148.20 

Area .............................................................................................................................................................. 10.36 5.72 5.77 

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

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

Total ....................................................................................................................................................... 323.93 285.77 260.56 

Table 4 summarizes the NOX emission 

trends for Electric Generating Units 

(EGUs) in Northwest Indiana (Jasper, 

Lake, LaPorte, and Porter Counties) and 

statewide for 1999 through 2005. 

TABLE 4.—NOX EMISSION TRENDS FOR ELECTRIC GENERATING UNITS IN NORTHWEST INDIANA AND STATEWIDE—

EMISSIONS IN THOUSANDS OF TONS PER OZONE SEASON (APRIL–SEPTEMBER) 

Area 1999 2000 2001 2002 2003 2004 2005 

Northwest Indiana ............................................................................................ 31.8 25.0 27.4 22.7 18.0 11.8 10.6 

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

As noted in Tables 3 and 4, the total 

VOC emissions in Lake and Porter 

Counties and the EGU NOX emissions in 

Northwest Indiana and statewide have 

declined between 1999 and 2004. IDEM 

notes that these emission decreases have 

resulted from the implementation of 

permanent and enforceable emission 

controls, such as implementation of 

RACT rules, tighter Federal standards 

for new vehicles, Title IV of the CAA, 

and NOX controls required by the 

Indiana NOX SIP. Specifically in Lake 

and Porter Counties, the following 

emission control measures were 

implemented: RACT rules found in 

volume 326 of the Indiana 

Administrative Code (IAC) chapter 8 

(326 IAC 8), including IAC 8–1 (best 

available control technology for new 

source facilities), IAC 8–2 (surface 

coating emission limitations), IAC 8–3 

(solvent degreasing controls), IAC 8–4 

(petroleum source controls), IAC 8–5 

(miscellaneous operation controls), and 

IAC 8–6 (organic solvent emission 

limitations); VOC emission controls 

implemented to meet Rate-Of-Progress 

(ROP) requirements, including the 

following: 

1. Enhanced Vehicle Inspection and 

Maintenance 

2. Stage II Vapor Recovery on Gasoline 

Marketing Sources 

3. Reformulated Gasoline 

4. National VOC Emission Standards for 

Architectural Coatings 

5. Residential Open Burning Ban 

6. Non-Control Technology Guideline 

Source RACT 

7. National Emission Standards for 

Benzene from Coke Oven By-Product 

Recovery Plants 

8. National Emission Standards for Coke 

Oven Batteries 

9. Federal Phase I Reformulated 

Gasoline for Small Non-Road Engines 

10. Federal Controls on Small SparkIgnited Engines 

11. Commercial/Consumer Solvent 

Reformulation Rule 

12. Volatile Organic Liquid Storage 

RACT 

13. Sinter Plant Rule 

14. Municipal Solid Waste Landfill Rule 

15. Petroleum Refineries National 

Emission Standard for Hazardous Air 

Pollutants 

16. Banning of the Use of Untreated 

Water for Quenching, and, 


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17. Cold Cleaner Degreaser RACT (an 

extension of 326 IAC 8–3). 

NOX emission controls in Lake and 

Porter County resulted from the 

implementation of the NOX emission 

control requirements and emission caps 

included in the State’s NOX SIP. 

Beginning in 2004, this set of NOX

control rules accounted for a reduction 

of approximately 33 percent statewide 

from 2003 EGU emissions. IDEM also 

notes that other states have also 

implemented similar NOX emission 

controls, resulting in reduced ozone and 

ozone precursor transport into Lake and 

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

nonattainment area. 

IDEM is convinced that all of these 

VOC and NOX emission controls, which 

are permanent and enforceable, are 

responsible for the observed ozone air 

quality improvement in Lake and Porter 

Counties and have contributed 

significantly to the attainment of the 8- 

hour ozone NAAQS in the ChicagoGary-Lake County, IL-IN area. See also 

the discussion of Temperature Ozone 

Exceedance Frequency Study in section 

VII B. of this proposal. 

Besides the State’s VOC RACT, ROP, 

and NOX emission control requirements, 

other Federal emission control 

requirements have recently resulted in 

VOC and NOX emission reductions or 

will shortly further reduce VOC and 

NOX emissions in Northwest Indiana 

and throughout the Chicago-Gary-Lake 

County, IL-IN area. 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 nationwide: 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 

2004–2006 attainment years, most of 

these emission reductions will occur 

during the maintenance period for Lake 

and Porter Counties. 

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. Issued in May 

2004, 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. 

It 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 Lake and Porter Counties and the 

Chicago-Gary-Lake County, IL-IN area 

after Lake and Porter Counties are 

redesignated to attainment of the 8-hour 

ozone NAAQS. All changes in existing 

rules affecting Lake and Porter Counties 

and new rules subsequently needed to 

provide for the maintenance of the 8- 

hour ozone NAAQS in Lake and Porter 

Counties will be submitted to the EPA 

for approval as SIP revisions. 

Thus, EPA proposes to determine that 

Lake and Porter Counties have met the 

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

of the CAA that the improvement in air 

quality is due to permanent and 

enforceable emissions reductions. 

F. Do Lake and Porter Counties Have a 

Fully Approvable Ozone Maintenance 

Plan Pursuant to Section 175A of the 

CAA? 

In conjunction with its request to 

redesignate Lake and Porter Counties to 

attainment of the ozone NAAQS, 

Indiana submitted a SIP revision request 

to provide for maintenance of the 8-hour 

ozone NAAQS in this area for at least 

10 years after the redesignation of this 

area to attainment of the 8-hour ozone 

NAAQS. EPA proposes to approve this 

maintenance plan pursuant to section 

175A and section 107(d)(3)(E)(iv) of the 

CAA. 

1. What Is Required in an Ozone 

Maintenance Plan? 

Section 175A of the CAA sets forth 

the required elements of air quality 

maintenance plans for areas seeking 

redesignation from nonattainment to 

attainment of a NAAQS. Under section 

175A, a maintenance plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least 10 

years after the Administrator approves 

the redesignation to attainment. Within 

eight years after the redesignation, the 

State must submit a revised 

maintenance plan which demonstrates 

maintenance of the standard for 10 years 

following the initial 10-year 

maintenance 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 NAAQS violations. The 

September 4, 1992 John Calcagni 

memorandum provides additional 

guidance on the content of maintenance 

plans. An ozone maintenance plan 

should, at minimum, address the 

following items: (1) The attainment VOC 

and NOX emissions inventories; (2) a 

maintenance demonstration showing 

maintenance for the 10 years of the 

maintenance period; (3) a commitment 

to maintain the existing monitoring 

network; (4) factors and procedures to 

be used for verification of continued 

attainment; and, (5) a contingency plan 

to prevent and/or correct a future 

violation of the NAAQS. 

2. What Are the Attainment Emission 

Inventories for Lake and Porter 

Counties? 

IDEM prepared comprehensive VOC 

and NOX emission inventories for Lake 

and Porter Counties, including point 

(significant stationary sources 

individually inventoried), area (smaller 

and widely-distributed stationary 

sources collectively inventoried by 

source type and geographical area), 

mobile on-road, and mobile non-road 

sources for 2004 (the redesignation 

request’s base year/attainment year). To 

develop the attainment year emission 

inventories, IDEM used the following 

approaches and sources of data. 

a. Point Sources 

2004 point source emissions were 

compiled using IDEM’s annual 

emissions statement database and the 

2005 EPA Air Markets acid rain 

emissions inventory database. 

b. Area Sources 

Area source VOC and NOX emissions 

were projected from Indiana’s 2002 base 

year emissions inventory, which was 

previously submitted to EPA’s National 

Emissions Inventory system. The 

documentation of this base year 

emissions inventory has been submitted 

by the State, and is reviewed elsewhere 

in this proposed rule. 


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c. On-Road Mobile 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 by 

roadway link and area) developed using 

the region’s travel-demand model. IDEM 

has provided detailed data summaries to 

document the calculation of on-road 

mobile source VOC and NOX emissions 

for 2004, as well as for the projection 

years of 2010 and 2020 (further 

discussed below). 

d. Non-Road Mobile Sources 

2004 non-road mobile source 

emissions were projected for the 2002 

National Emissions Inventory (NEI) nonroad mobile source emissions developed 

by the EPA. IDEM used the NEI 

emissions 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, the Lake 

Michigan Air Directors Consortium 

(LADCO) contracted with several 

consulting companies to review the base 

data used by the EPA and to make 

recommendations for corrections to the 

model used to calculate the 2002 

emissions. Emissions were estimated for 

commercial marine vessels and 

railroads. Recreational motorboat 

populations and surrogates (used to 

assign emissions to each county) were 

updated by contracted consultants. The 

populations for the construction 

equipment category were reviewed and 

updated based on surveys completed in 

the Midwest, and the temporal 

allocation of agricultural sources was 

also updated. Based on these and other 

updates, the EPA revised the non-road 

estimation model for 2002, which was 

used for the basis for the projected 2004 

non-road mobile source emissions. 

The 2004 attainment year VOC and 

NOX emissions for Lake and Porter 

Counties are summarized along with the 

2010 and 2020 projected emissions in 

Tables 5 below. We agree that the State 

has acceptably derived and documented 

the attainment year VOC and NOX

emissions for Lake and Porter Counties. 

3. Has the State Demonstrated 

Maintenance of the Ozone Standard in 

Lake and Porter Counties and in the 

Chicago-Gary-Lake County, IL-IN Ozone 

Nonattainment Area? 

As part of the September 12, 2006 

redesignation request submittal, IDEM 

included a requested revision to the SIP 

to incorporate an ozone maintenance 

plan as required under section 175A of 

the CAA. The maintenance plan 

includes an ozone maintenance 

demonstration based on the comparison 

of projected emissions to the attainment 

year emissions levels. This 

demonstration shows that future (2010 

and 2020) VOC and NOX emissions 

remain at or below the 2004 attainment 

year levels. 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 5 specifies the VOC and NOX

emissions in Lake and Porter Counties 

for 2004, 2010, and 2020. IDEM chose 

2020 as the maintenance projection year 

to meet the 10-year maintenance 

projection requirement, allowing time 

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 year levels throughout the 

maintenance period. 

TABLE 5.—ATTAINMENT YEAR AND PROJECTED VOC AND NOX EMISSIONS IN LAKE AND PORTER COUNTIES IN TONS PER

SUMMER DAY

Source sector 

Years 

2004 2010 2020 

VOC Emissions: 

Point .............................................................................................................................................................. 25.62 25.36 30.84 

Area .............................................................................................................................................................. 31.33 31.72 34.31 

On-Road Mobile ........................................................................................................................................... 18.90 9.93 5.71 

Non-Road Mobile .......................................................................................................................................... 31.63 24.44 20.26 

Total ....................................................................................................................................................... 107.48 91.45 91.12 

NOX Emissions 

Point .............................................................................................................................................................. 148.20 97.06 102.15 

Area .............................................................................................................................................................. 5.77 6.07 6.40 

On-Road Mobile ........................................................................................................................................... 65.95 38.65 11.97 

Non-Road Mobile .......................................................................................................................................... 40.64 33.95 28.51 

Total ....................................................................................................................................................... 260.56 175.73 149.03 

Using emissions data provided by 

LADCO for the remainder of the 

Chicago-Gary-Lake County, IL-IN ozone 

nonattainment area (for the Illinois 

portion of this area), IDEM has also 

determined the VOC and NOX emissions 

for the entire nonattainment area. These 

VOC and NOX emissions are 

summarized in Table 6. 

TABLE 6.—ATTAINMENT YEAR AND PROJECTED VOC AND NOX EMISSIONS IN THE CHICAGO-GARY-LAKE COUNTY, IL-IN 

OZONE NONATTAINMENT AREA IN TONS PER SUMMER DAY

Source sector 

Years 

2004 2010 2020 

VOC Emissions: 

Point .............................................................................................................................................................. 97.65 94.35 128.84 

Area .............................................................................................................................................................. 225.34 221.72 234.32 


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TABLE 6.—ATTAINMENT YEAR AND PROJECTED VOC AND NOX EMISSIONS IN THE CHICAGO-GARY-LAKE COUNTY, IL-IN 

OZONE NONATTAINMENT AREA IN TONS PER SUMMER DAY—Continued 

Source sector 

Years 

2004 2010 2020 

On-Road Mobile ........................................................................................................................................... 198.90 165.27 100.60 

Non-Road Mobile .......................................................................................................................................... 159.63 109.44 122.25 

Total ....................................................................................................................................................... 681.52 590.78 586.01 

NOX Emissions: 

Point .............................................................................................................................................................. 442.21 301.06 334.15 

Area .............................................................................................................................................................. 45.77 53.07 57.40 

On-Road Mobile ........................................................................................................................................... 464.95 314.59 145.08 

Non-Road Mobile .......................................................................................................................................... 321.64 242.95 101.51 

Total ....................................................................................................................................................... 1274.57 911.67 638.14 

Tables 5 and 6 show that VOC and 

NOX emissions are projected to decline 

in both Lake and Porter Counties and in 

the Chicago-Gary-Lake County, IL-IN 

ozone nonattainment area after 2004. 

This demonstrates maintenance of the 

ozone standard in these areas through 

2020 and throughout the ozone 

maintenance period. 

IDEM also notes that the State’s EGU 

NOX emission control rules stemming 

from EPA’s NOX SIP call, implemented 

beginning in 2004, with additional NOX

emission reductions expected to result 

from the implementation of new Phase 

2 NOX rules, and the Clean Air 

Interstate Rule (CAIR) will further lower 

NOX emissions throughout Northwest 

Indiana, in the Chicago-Gary-Lake 

County, IL-IN area, statewide in Indiana, 

and in other upwind states, resulting in 

decreased ozone and ozone precursor 

transport into Lake and Porter Counties 

and the Chicago-Gary-Lake County area. 

This will also support maintenance of 

the ozone standard in the Chicago-GaryLake County area. 

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), 

which maintains a travel demand 

forecast model that is capable of 

projecting changes in total daily VMT. 

Emissions for the other major source 

sectors were determined using projected 

source activity/growth data provided by 

LADCO, as well as major source 

emissions data obtained periodically for 

all major sources statewide. 

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 Lake and Porter Counties 

and in the Chicago-Gary-Lake County, 

IL-IN area. 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, reducing 

ozone and NOX transport into Lake and 

Porter Counties. 

The demonstration of maintenance for 

the 8-hour standard also demonstrates 

maintenance for the 1-hour standard 

because the same attainment year and 

maintenance year emissions inventories 

that show maintenance for the 8-hour 

standard similarly show maintenance 

for the 1-hour standard. As 

demonstrated above, future VOC and 

NOX emissions are projected to remain 

at or below the 2004 attainment year 

levels. 

4. What Is the Contingency Plan for 

Lake and Porter Counties? 

a. Verification of Continued Attainment 

Continued attainment of the 8-hour 

ozone NAAQS in Lake and Porter 

Counties and in the Chicago-Gary-Lake 

County, IL-IN area depends on the 

State’s efforts toward tracking 

applicable indicators during the 

maintenance period and taking 

appropriate actions if trends in the 

indicators indicate that additional 

emission reductions are needed to 

correct an existing or developing air 

quality problem. The State’s plan for 

verifying continued attainment of the 8- 

hour ozone standard in these areas 

consists, in part, of a plan to continue 

ambient monitoring in Lake and Porter 

Counties and to track ozone air quality 

in the maintenance area, including the 

Illinois portion of the Chicago-GaryLake County area and the Chiwaukee 

Prairie, WI monitor. In addition, IDEM 

will periodically revise and review the 

VOC and NOX emissions for Lake and 

Porter Counties to assure that emissions 

growth is not threatening the continued 

attainment of the 8-hour 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. 

b. 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 be 

adopted and implemented. The 

maintenance plan must include a 

requirement that the State will 

implement all measures with respect to 

control of the pollutant(s) that were 

controlled in the SIP before the 

redesignation of the area to attainment. 

See section 175A(d) of the CAA. 


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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 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 maximum 

8-hour ozone concentration of 0.089 

ppm occurs in a single ozone season or 

a 2-year averaged fourth-high monitored 

daily maximum 8-hour ozone 

concentration of 0.085 ppm or greater 

occurs within the maintenance area. A 

Warning Level Response will consist of 

a study to determine whether the ozone 

concentration indicates a trend toward 

higher ozone concentrations or whether 

emissions appear to be increasing. The 

study will evaluate whether the trend, if 

any, is likely to continue and, if so, the 

control measures necessary to reverse 

the trend taking into consideration ease 

and timing for implementation, as well 

as economic considerations. 

Implementation of necessary controls in 

response to the Warning Level Response 

trigger will take place as expeditiously 

as possible, but in no event later than 12 

months from the conclusion of the most 

recent ozone season (September 30). If 

new emission controls are needed to 

reverse the adverse ozone/emissions 

trend, the procedure for emission 

control selection under the Action Level 

Response will be followed. 

An Action Level Response will be 

triggered when a violation of the 8-hour 

ozone standard is monitored at any of 

the monitors in the area. On February 

20, 2007, IDEM submitted a letter to the 

EPA clarifying that an Action Level 

Response will be triggered if a future 

violation of the 8-hour ozone NAAQS is 

monitored within any part of the 

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

at the Chiwaukee Prairie monitoring site 

in Kenosha County, Wisconsin. In the 

event that the Action Level is triggered 

and is not found to be due to an 

exceptional event, malfunction, or 

noncompliance with a source permit 

condition or rule requirement, IDEM 

will determine additional control 

measures needed to assure future 

attainment of the ozone NAAQS. In this 

case emission control measures that can 

be implemented in a short time will be 

selected in order to be implemented 

within 18 months from the close of the 

ozone season that prompted the Action 

Level Response. 

Adoption of any additional emission 

control measures prompted by either of 

the two response levels will be subject 

to the necessary administrative and 

legal processes dictated by State law. 

This process will include publication of 

public notices, providing the 

opportunity for a public hearing, and 

other measures required by Indiana law 

for rulemaking by State environmental 

boards. If a new emission control 

measure is already promulgated and 

scheduled for implementation at the 

Federal or State level, and that emission 

control measure is determined to be 

sufficient to address the air quality 

problem or adverse trend, additional 

local emission control measures may be 

determined to be unnecessary. IDEM 

will submit to the EPA an analysis to 

demonstrate that the proposed emission 

control measures or existing emission 

control measures are adequate to return 

the area to attainment. As discussed 

below, EPA understands that Indiana 

will commit to submit any such 

proposed or existing emission control 

measure to EPA as a SIP revision. 

Contingency measures contained in 

the maintenance plan are those 

emission controls or other measures that 

the State may choose to adopt and 

implement in response to either an 

Action Level or a Warning Level trigger. 

These include, but are not limited to, 

the following: 

i. Vehicle emissions testing program 

enhancements, including liquid leak 

inspection; increased vehicle weight 

limit cutoffs; addition of diesel vehicles; 

etc.; 

ii. Asphalt paving VOC content 

restrictions (lower VOC formulation 

requirements); 

iii. Diesel exhaust retrofits; 

iv. Traffic flow improvements; 

v. Vehicle idle reduction programs; 

vi. Portable fuel container regulation 

(statewide); 

vii. Park and ride facilities; 

viii. Rideshare/carpool programs; 

ix. VOC cap-and-trade program for 

major stationary sources; and, 

x. Commercial/consumer solvent VOC 

content limits (statewide). 

No contingency measure will be 

implemented without providing the 

opportunity for full public participation 

in the selection and adoption of 

controls. During this process, the 

relative costs and benefits of individual 

control measures would be evaluated. 

EPA notes that two aspects of the 

contingency plan merit further 

discussion. First, the plan does not 

require the adoption and 

implementation of new emission 

controls in the event of a future ozone 

standard violation if it can be shown 

that the ozone standard violation is due 

to an exceptional event, source 

malfunction, or source noncompliance. 

If a monitored exceedance is determined 

to be due to an exceptional event, it will 

no longer be considered in determining 

whether a violation has occurred. With 

regard to source malfunctions or source 

noncompliance, we note that the 

Indiana SIP contains provisions for 

ensuring that sources take actions to 

correct malfunctions, as well as 

provisions for the State to take 

enforcement actions against 

noncompliant sources. EPA believes 

that this provides a mechanism for the 

State to take prompt corrective action, 

including expeditious and effective 

enforcement action to achieve 

compliance. See an analogous 

discussion in the General Preamble, 57 

FR 13547 (April 16, 1992). In the 

context of section 172(c)(9) contingency 

measures for sulfur dioxide (SO2), EPA 

has interpreted ‘‘contingency measures’’

‘‘to mean that the State agency has a 

comprehensive program to identify 

sources of violations of the NAAQS and 

to undertake an aggressive follow-up for 

compliance and enforcement, including 

expedited procedures for establishing 

enforceable consent agreements pending 

the adoption of revised SIPs.’’ This type 

of source-specific noncompliance and 

correction by enforcement action in the 

ozone context is similar to sourcespecific SO2 noncompliance and 

enforcement, and therefore it is 

appropriate to apply the SO2 guidance 

in this circumstance. 

Second, the maintenance plan does 

not call for the State to adopt and 

implement new contingency measures if 

it can be shown that an already adopted 

emission control measure (State or 

Federal) will eliminate an ozone air 

quality problem. We believe that such 

an emission control measure should 

become part of the SIP. Prior to final 

rulemaking, Indiana must commit that it 

will submit such a measure as a SIP 

revision, and final approval of the 

maintenance plan is conditioned upon 

the State committing to submit such 

measures as requested SIP revisions. 

Indiana has indicated that they will 

make such a commitment. This issue 

aside, we otherwise propose to approve 

the ozone maintenance plan as 

providing for maintenance of both the 8- 

hour and 1-hour standards, if that 

standard is deemed to be reinstated. 

With respect to maintenance of the 1- 

hour standard, EPA has determined that 

the 8-hour NAAQS provides increased 

public health protection as compared to 

the 1-hour ozone standard. See 62 FR at 

38859 (July 18, 1997). Because the 8- 

hour standard is more stringent than the 

1-hour standard, a maintenance plan 


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with triggers tied to the 8-hour standard 

will be more protective of public health 

than a maintenance plan with 

contingency measure triggers tied to the 

1-hour standard. 

5. Has the State Committed To Update 

the Ozone Maintenance Plan in Eight 

Years After the Redesignation of Lake 

and Porter Counties to Attainment of the 

8-Hour Ozone NAAQS? 

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 Lake and Porter 

Counties to attainment of the 8-hour 

ozone NAAQS. The updated 

maintenance plan will provide 

maintenance of the 8-hour ozone 

standard for an additional 10 years 

beyond the first 10 years of maintenance 

of the standard. 

VI. Has the State Adopted Acceptable 

MVEBs for the End Year of the Ozone 

Maintenance Period Which Can Be 

Used To Support Transportation 

Conformity Determinations? 

A. How Are the MVEBs Developed and 

What Are the MVEBs for Lake and 

Porter Counties? 

Under the CAA, states are required to 

submit, at various times, SIP revisions 

and ozone maintenance plans for 

applicable areas (for ozone 

nonattainment areas and for areas 

seeking 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 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 must be 

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 SIP. Conformity to the SIP means 

that transportation activities will not 

cause or contribute to new air quality 

standard violations, increase the 

frequency or severity of existing 

violations, or delay timely attainment of 

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

transportation plan does not conform, 

most new transportation projects that 

would expand the capacity of roadways 

cannot go forward. Regulations at 40 

CFR part 93 set forth EPA’s policy, 

criteria, and procedures for 

demonstrating and assuring conformity 

of transportation activities to a SIP. 

When reviewing SIP revisions 

containing MVEBs, including 

attainment strategies, rate-of-progress 

plans, and maintenance plans, EPA 

must find that the MVEBs are 

‘‘adequate’’ for use in determining 

transportation conformity. Once EPA 

finds the submitted MVEBs to be 

adequate for transportation conformity 

purposes, the MVEBs are used by 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 

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) making a 

finding of adequacy. The Transportation 

Conformity Rule, in 40 CFR 93.118(f), 

provides for MVEB adequacy findings 

through two mechanisms. First, 40 CFR 

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

to the EPA conformity Web site at: 

http://www.epa.gov/otaq/ 

stateresources/transconf/adequacy.htm 

and providing a 30-day public comment 

period. Second, a mechanism is 

described in 40 CFR 93.118(f)(2) which 

provides that EPA can review the 

adequacy of an implementation plan 

MVEB simultaneously with its review of 

the implementation plan itself. In this 

notice, EPA is using the second 

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

is taking comment on both the adequacy 

and approvability of the submitted 

MVEBs. 

The Lake and Porter Counties’ ozone 

maintenance plan contains VOC and 

NOX MVEBs for 2020 and also for 2010. 

The State has the option of setting 

budgets for earlier years in the 

maintenance plan in addition to the last 

year of the maintenance plan. Indiana 

has submitted budgets for both the 2010 

year and also the 2020 year. EPA is 

taking comment on both the adequacy 

and approvability of the submitted VOC 

and NOX MVEBs for Lake and Porter 

Counties. Any and all comments on the 

adequacy and approvability of the 

MVEBs should be submitted during the 

comment period stated in the DATES

section of this notice. 

EPA intends to make its 

determination of the adequacy of the 

2010 and 2020 MVEBs for Lake and 

Porter Counties for transportation 

conformity purposes in the final 

rulemaking on the 8-hour ozone 

redesignation. If EPA finds the 2010 and 

2020 MVEBs adequate and approves the 

MVEBs in the final rulemaking action, 

the new MVEBs must be used for future 

transportation conformity 

determinations. The new MVEBs, if 

found adequate and approved in the 

final rulemaking, will be effective the 

date of publication of EPA’s final 

rulemaking in the Federal Register. For 

required regional emissions analysis 

years that involve the year 2009 or 

before, the applicable budget for the 

purposes of conducting transportation 

conformity will be the MVEBs for Lake 

and Porter Counties in the approved 1- 

hour ozone maintenance plan. For 

required regional emissions analysis 

years that involve 2010 or beyond, the 

applicable budgets are defined in the 

table below. 

LAKE AND PORTER COUNTY AREA

MVEBS

[Tons per day] 

Year VOC NOX

2010 .................................. 11.5 40.6 

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

These MVEBs will be separate state 

area budgets for Lake and Porter 

Counties, Indiana. Illinois will establish 

MVEBs for the remainder of the Chicago 

8-hour ozone area through the 8-hour 

ozone SIP submitted by Illinois. 

EPA, through this rulemaking, is 

proposing to approve the MVEBs for 

both 2020 and 2010, as part of the 8- 

hour maintenance plan, to be used to 

determine transportation conformity in 

Lake and Porter Counties. EPA has 

determined that the budgets are 

consistent with the control measures in 

the SIP and that Lake and Porter 

Counties can maintain attainment of the 

8-hour ozone NAAQS (projected VOC 

and NOX emissions for 2010 and 2020 

remain below the attainment year, 2004, 

levels) for the relevant required 10-year 

period with mobile source emissions at 

the levels of the MVEBs. It should be 

noted that the current approved 1-hour 

ozone budgets, which were approved as 

part of the 1-hour ozone attainment 


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demonstration, will continue to be used 

for transportation conformity purposes 

through 2009. The current 1-hour ozone 

budgets that are being used for 

transportation conformity purposes are 

for the 2007 year and cap emissions at 

12.37 tons per day for VOCs and 63.33 

tons per day for NOX. When the 8-hour 

ozone maintenance plan MVEBs are 

approved or found adequate, the new 

2010 and 2020 budgets will provide a 

lower cap on emissions in Lake and 

Porter Counties because the new 

budgets are lower than the current 2007 

budgets. IDEM has determined the 2010 

MVEBs for Lake and Porter Counties to 

be 11.5 tons per day of VOC and 40.6 

tons per day of NOX. IDEM has also 

determined the 2020 MVEBs for Lake 

and Porter Counties to be 6.0 tons per 

day for VOC and 12.6 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 2010 and 2020, 

as summarized in Table 5 above (‘‘OnRoad Mobile’’ source sector). Through 

discussions with all organizations 

involved in transportation planning for 

Lake and Porter Counties, IDEM decided 

to include safety margins of 5 percent 

(0.29 tons per day for VOC and 0.63 tons 

per day for NOX for 2020) in the MVEBs 

to provide for mobile source growth not 

anticipated in the projected 2010 and 

2020 emissions and for a margin of error 

in the calculation of future mobile 

source emissions. Indiana has 

demonstrated that Lake and Porter 

Counties can maintain the 8-hour ozone 

NAAQS with these mobile source 

emissions since total source emissions 

including the increased mobile source 

emissions will remain under the 

attainment year emission levels. 

B. Are the MVEBs Approvable? 

The submitted MVEBs meet the 

criteria for adequacy. The submitted SIP 

was endorsed by the Governor and was 

subject to a State public hearing. The 

MVEBs were discussed during 

consultation among Federal, state and 

local agencies. The MVEBs are clearly 

identified and precisely quantified in 

the submitted SIP. The MVEBs, when 

considered together with all other 

emissions sources, are consistent with 

applicable requirements for 

maintenance. The MVEBs are consistent 

with and clearly related to the emissions 

inventory and the control measures in 

the submitted maintenance plan; and 

the established safety margins are 

within the allowable limits. No negative 

comments were received at the State 

public hearing which addressed the 

MVEBs in the maintenance plan. 

The 2010 and 2020 VOC and NOX

MVEBs for Lake and Porter Counties are 

approvable because the MVEBs meet all 

of the above criteria and maintain the 

total VOC and NOX emissions for Lake 

and Porter Counties at or below the 

attainment year emission inventory 

levels, as required by the transportation 

conformity regulations. These MVEBs 

are adequate and approvable for 

transportation conformity purposes. 

VII. Modeled Attainment of the Ozone 

Standard 

Although EPA does not require use of 

air quality models to support ozone 

redesignation requests, IDEM has 

chosen to review existing modeling 

results to support the view that the 8- 

hour ozone NAAQS has been attained in 

Lake and Porter Counties and in the 

Chicago-Gary-Lake County, IL-IN area 

due to the implementation of permanent 

and enforceable emission controls, and 

that attainment of the ozone standard 

will be maintained in these areas as the 

result of implementation of additional 

emission controls already adopted. In 

addition, analyses of modeling results 

and other related meteorological data 

also allowed IDEM to assess the impacts 

of changes in meteorology on area peak 

ozone concentrations to support the 

case that changes in emissions are 

responsible for attainment of the ozone 

standard in these areas and not changes 

in meteorology. 

A. Regional Ozone Modeling Results 

Regional ozone modeling has been 

conducted to support several national 

emission control efforts and to support 

the preparation of 8-hour ozone 

attainment demonstrations in the Lake 

Michigan region. The results of these 

modeling studies have been reviewed 

for their modeled ozone concentrations 

in Lake and Porter Counties and the rest 

of the Chicago-Gary-Lake County area. 

The conclusions based on these 

modeling studies are summarized here. 

EPA Modeling Analysis for Heavy-Duty 

Engine and Diesel Fuel Rules 

EPA conducted ozone modeling to 

support the Tier II vehicle and lowsulfur fuel rules. The results of the 

modeling were documented in the 

report ‘‘Technical Support Document 

for the Heavy Duty Engine and Vehicle 

Standards and Highway Diesel Fuel 

Sulfur Control Requirements: Air 

Quality Modeling Analyses’’ (EPA 420–

R–00–028). IDEM reviewed these 

documented modeling results, and notes 

that this modeling study shows that the 

ozone impacts of the subject emission 

controls, as well as the impacts of the 

NOX SIP call, are significant in Lake and 

Porter Counties. IDEM used these 

modeling results to determine the 

relative impacts on peak ozone 

concentrations in this area during 2007 

and 2020. The modeling results indicate 

that the monitoring site ozone design 

values in Lake County would be 

lowered to a range of 0.069 ppm to 

0.071 ppm (depending on the monitor) 

in 2007. Similar ozone design values are 

indicated for 2020, although slightly 

reduced due to the impacts of more 

years of implementation of the emission 

controls. 

EPA Ozone Modeling for the Clean Air 

Interstate Rule 

EPA conducted ozone modeling to 

assess the ozone impacts resulting from 

the NOX emission reduction expected to 

be produced by the CAIR. Modeling was 

conducted for 2010 and 2015. Results of 

the CAIR modeling show that Lake and 

Porter Counties will have attained the 

ozone NAAQS in 2010, with a peak 

modeled 8-hour concentration below 

0.085 ppm. With additional NOX

emission reduction projected through 

2015, the modeling shows that 

monitoring site ozone design values will 

further decrease through 2015. This 

supports maintenance of the ozone 

standard in Lake and Porter through 

2015. 

LADCO Updated Round 4 Ozone 

Modeling 

LADCO recently completed updated 

ozone modeling using the CAMx model 

for ozone and the most current 

emissions inventories and model 

updates and inputs. This modeling was 

performed to support ozone attainment 

demonstrations for the LADCO States. 

The Round 4 modeling included 

scenarios considering the ‘‘on-thebooks’’ emission controls for future 

years, 2009 and 2012. Note that the 

State of Indiana is developing a rule to 

implement CAIR requirements. Using 

the relative change in the peak ozone 

concentrations indicated by the Round 

4 modeling along with the 2003–2005 

ozone design value, IDEM derived 

future ozone design values for 2009 and 

2012 for the Lake and Porter Counties’

monitoring sites. All estimated ozone 

design values for 2009 and 2012 are 

well below the ozone standard. This 

implies that the ‘‘on-the-book’’

emissions controls will help to maintain 

the ozone standard in Lake and Porter 

Counties. 

B. Temperature—Ozone Exceedance 

Frequency Study 

IDEM analyzed the 1995–2005 trend 

in the annual number of days with peak 

daytime temperatures equaling or 


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exceeding 90 degrees Fahrenheit versus 

the annual number of 8-hour ozone 

standard exceedances at various 

monitoring sites. Although ozone 

standard exceedance numbers showed 

some correlation to the annual number 

of high temperature days, IDEM noted 

that this correlation is changing. While 

the trend in the annual number of high 

temperature days shows no distinct 

trend, the annual number of ozone 

standard exceedances is showing a 

downward trend. IDEM attributes the 

difference in trends to the impacts of 

VOC and NOX emission controls. Based 

on this observation, IDEM attributes the 

improvement in ozone air quality to the 

implementation of emission controls. 

VIII. Review of Indiana’s 2002 Base 

Year Emissions Submittal 

The CAA gives the States the 

responsibility to inventory emissions 

contributing to the violation a NAAQS, 

to track these emissions over time, and 

to ensure that emission control 

strategies have been implemented and 

have achieved planned emission targets. 

States containing ozone nonattainment 

areas are required, under section 

182(a)(1) of the CAA, to submit 

comprehensive, accurate, and current 

base year inventories of actual ozone 

precursor emissions (emissions of VOC, 

NOX, and CO) for each ozone 

nonattainment area. These emission 

inventories must include emissions 

from point, area, on-road mobile, and 

non-road mobile man-made 

(anthropogenic) and biogenic (natural or 

plant-generated) sources in the ozone 

nonattainment areas. The States must 

also inventory facility-specific 

emissions for major source facilities. 

The emission inventories must specify 

emissions for typical summer weekdays. 

Two EPA guidance documents have 

been developed to cover the emissions 

reviewed here. First, a November 18, 

2002 memorandum (‘‘2002 Base Year 

Emission Inventory SIP Planning: 8-hr 

Ozone, PM2.5 and Regional Haze 

Programs,’’ memorandum from Lydia N. 

Wegman, Director, Air Quality 

Strategies and Standards Division, and 

Peter Tsirigotis, Director, Emissions, 

Monitoring, and Analysis Division, to 

Regional Air Division Directors) 

established 2002 as the base year to be 

used in the current round of ozone, fine 

particulates (PM2.5), and haze control 

planning. Second, SIP emissions 

inventory guidance, including guidance 

specific to the base year emissions, is 

given in an August 2005 EPA guidance 

document, (‘‘Emissions Inventory 

Guidance for Implementation of Ozone 

and Particulate Matter National 

Ambient Air Quality Standards 

(NAAQS) and Regional Haze 

Regulations,’’ EPA–454/R–05–001). 

On March 26, 2007, IDEM submitted 

documentation of 2002 statewide 

emissions of VOC, NOX, and CO in 

response to an EPA request for the 

documentation of the base year 

emissions for Lake and Porter Counties. 

The 2002 statewide emissions, 

documented by county, were prepared 

to comply with EPA’s Consolidated 

Emissions Reporting Rule (CERR), 

published on June 10, 2002 (67 FR 

39602) (40 CFR part 51 subparts A and 

Q). Also included with the March 26, 

2007 submittal was a compact disk 

containing detailed emissions data, 

including input data used to calculate 

the emissions. 

Emissions contained in the March 26, 

2007 submittal cover the general source 

categories of point sources, area sources, 

on-road mobile sources, non-road 

mobile sources, and biogenic sources. 

All emission summaries were 

accompanied by source-specific 

descriptions of emission calculation 

procedures and sources of input data 

along with sample calculations for 

various counties in the State. 

To determine point source emissions, 

the State relied on data collected from 

source facilities complying with the 

State’s annual emissions reporting 

requirements, 326 IAC 2–6. Major 

sources of any criteria pollutant located 

anywhere in the State of Indiana are 

required to annually submit to the State 

data specifying their annual emissions 

of criteria pollutants along with 

seasonal information to allow the 

calculation of seasonal emissions. 

Emissions for any particular year are to 

be reported by April 15th of the 

following year. In Elkhart, Floyd, Lake, 

Marion, Porter, St. Joseph, and 

Vanderburgh Counties, sources with the 

potential to emit more than 10 tons per 

year of VOC or NOX must report 

annually. In other portions of the State, 

the reporting source size emissions 

cutoff is 100 tons per year. 

Point source emissions reporting 

submittals are checked by IDEM to 

assure completeness. If the data are 

determined to be complete, the 

emissions data are loaded into the 

State’s emissions database. IDEM also 

reviews the data for quality assurance, 

and, if needed, sources are requested to 

correct the data. After completing data 

quality assurance, the point source data 

are submitted to the EPA for 

incorporation into the National 

Emissions Inventory (NEI), as required 

by the CERR. The March 26, 2007 

submittal includes VOC, NOX, and CO 

emissions for each reporting facility 

statewide. The supplied data files 

document a number of source-specific 

data used to determine the sourcespecific emissions. 

Area source emissions were 

calculated using a variety of information 

sources and guidance from the EPA. A 

primary source of calculation 

procedures and applied guidance was 

EPA’s Emission Inventory Improvement 

Program. Where appropriate, point 

source emissions were subtracted from 

the calculated area source emissions to 

account for source coverage overlap 

with the reported point source 

emissions and to avoid double counting 

of emissions in the emissions totals. The 

documentation supplied in the March 

26, 2007 submittal shows how the 

county-specific emissions were 

calculated for each area source category. 

County-specific source surrogates and 

associated emission factors were 

generally used to calculate countyspecific emissions. Samples of area 

source emission calculations were 

provided for selected Counties. Area 

source emissions for all 92 Indiana 

Counties were documented in the 

March 26, 2007 submittal and in the 

data files included in the accompanying 

data disk. 

The September 12, 2006 ozone 

redesignation request included a 

detailed description of the procedures 

and input data used to determine the 

mobile source emissions for Lake and 

Porter Counties for 2002, as well as for 

emission projections used to document 

attainment year and maintenance period 

mobile source VOC and NOX emissions 

(see the discussion of mobile source 

emissions and emission budgets for 

Lake and Porter Counties, above). The 

March 26, 2007 base year emissions 

submittal documents the mobile source 

VOC, CO, and NOX emissions for each 

of the counties in the State. The March 

26, 2007 submittal notes that the mobile 

source emissions for Lake and Porter 

Counties were derived by the Northwest 

Indiana Regional Planning Commission, 

whereas the mobile source emissions for 

all other counties were obtained from 

EPA’s NEI. 

Non-road mobile source VOC, NOX, 

and CO emissions for 2002 were 

generated by the National Mobile 

Inventory Model. To update and quality 

assure the emissions for locomotives, 

commercial and recreational marine 

sources, and off-road mobile equipment 

sources, LADCO contracted with several 

consultants to update source population 

and distribution levels. Summaries of 

the consultants’ results and 

recommended emissions changes were 

included in the March 26, 2007 

submittal. This submittal documented 

non-road mobile VOC, NOX, and CO 


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emissions by county for all 92 Counties 

in Indiana. 

Biogenic VOC, NOX, and CO 

emissions for 2002 were taken directly 

from the NEI for each county in Indiana. 

The March 26, 2007 submittal 

documents 2002 VOC, CO, and NOX

emissions for each Indiana county in 

units of tons per year and tons per 

summer day. The 2002 summer day 

emissions of VOC, NOX, and CO for 

Lake and Porter Counties are 

summarized in Table 7. 

TABLE 7.—2002 OZONE PRECURSOR EMISSIONS IN LAKE AND PORTER COUNTIES, INDIANA—EMISSIONS IN TONS PER

SUMMER DAY

Source category VOC NOX CO 

Lake County 

Point .............................................................................................................................................................. 19.88 106.33 466.11 

Area .............................................................................................................................................................. 24.78 4.37 3.93 

On-Road Mobile ........................................................................................................................................... 15.35 40.15 186.39 

Non-Road Mobile .......................................................................................................................................... 20.18 28.82 176.98 

Biogenic ........................................................................................................................................................ 18.59 0.79 1.91 

Total ....................................................................................................................................................... 98.78 180.46 835.32 

Porter County 

Point .............................................................................................................................................................. 4.70 80.11 405.01 

Area .............................................................................................................................................................. 7.49 1.35 1.35 

On-Road Mobile ........................................................................................................................................... 4.85 14.95 63.66 

Non-Road Mobile .......................................................................................................................................... 12.80 11.37 73.19 

Biogenic ........................................................................................................................................................ 15.15 0.63 1.63 

Total ....................................................................................................................................................... 44.99 108.41 544.84 

Although the state did not hold a 

separate public hearing on the 2002 base 

year inventory, the 2002 emissions for 

Lake and Porter County were the 

primary source of emissions data used 

to project the attainment year (2004) and 

maintenance period (2010 and 2020) 

VOC and NOX emissions discussed in 

the State’s September 12, 2006 ozone 

redesignation request, which was 

subject to public hearing. Since this 

ozone redesignation request and ozone 

maintenance plan, including the 2002 

VOC and NOX emission totals for Lake 

and Porter Counties, were discussed 

during a public hearing we believe that 

the 2002 base year VOC and NOX

emissions for Lake and Porter Counties 

have been addressed by a public 

hearing. 

We find the documentation of the 

2002 base year VOC, NOX, and CO 

emissions to be acceptable, and we are 

proposing here to approve the 2002 base 

year emissions inventories for Lake and 

Porter Counties as a revision of the 

Indiana SIP. 

IX. What Are EPA’s Proposed Actions? 

EPA is proposing to determine that 

the Chicago-Gary-Lake County, IL-IN 8- 

hour ozone nonattainment area has 

attained the 8-hour ozone NAAQS and 

is also proposing to approve Indiana’s 

request to redesignate the Lake and 

Porter County, IN portion of the area to 

attainment for the 8-hour ozone 

standard. EPA has evaluated the State of 

Indiana’s redesignation request and 

determined that it meets the 

redesignation criteria set forth in section 

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

of the redesignation request would 

change the official designation of Lake 

and Porter Counties for the 8-hour 

ozone NAAQS, found at 40 CFR part 81, 

from nonattainment to attainment. EPA 

is also proposing to approve Indiana’s 

ozone maintenance plan for Lake and 

Porter Counties as a revision to the 

Indiana SIP because it meets the 

requirements of section 175A of the 

CAA. Final approval would thus also 

incorporate into the Indiana SIP a plan 

for maintaining the ozone NAAQS 

through 2020. The maintenance plan 

includes contingency measures to 

remedy possible future violations of the 

8-hour ozone NAAQS, and establishes 

MVEBs of 6.00 tons per day for VOC 

and 12.60 tons per day for NOX for 2020 

and also MVEBs of 11.5 tons per day for 

VOC and 40.6 tons per day of NOX for 

2010. EPA is proposing to approve these 

MVEBs. 

EPA is also proposing to approve into 

the Indiana SIP the VOC and NOX

periodic inventories for 1999, 2002 and 

2004, pursuant to section 182(a)(3)(A) 

under the 1-hour standard as well as the 

2002 base year VOC and NOX emission 

inventories for Lake and Porter 

Counties, pursuant to section 182(a)(1) 

under the 8-hour standard. 

EPA is also proposing to find that, if 

the 1-hour ozone standard is deemed to 

be reinstated, the Chicago-Gary-Lake 

County area has attained the 1-hour 

standard, and Lake and Porter Counties 

have met the requirements for and 

would also qualify for redesignation to 

attainment of the 1-hour ozone 

standard. Thus, EPA proposes to find 

that if the 1-hour standard is reinstated, 

EPA would redesignate the area to 

attainment for the 1-hour standard. EPA 

further proposes to approve and to find 

that Indiana’s maintenance plan for the 

8-hour standard also provides for 

maintenance of the 1-hour standard. 

X. Statutory and Executive Order 

Reviews 

Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, September 30, 1993), this 

proposed action is not a ‘‘significant 

regulatory action’’ and therefore is not 

subject to review by the Office of 

Management and Budget. 

Paperwork Reduction Act 

This proposed rule does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Regulatory Flexibility Act 

This proposed action merely proposes 

to approve state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Redesignation of an area to 

attainment under section 107(d)(3)(E) of 

the CAA does not impose any new 

requirements on small entities. 

Redesignation of an area to attainment 

is an action that affects the status of a 

geographical area and does not impose 

any new regulatory requirements on 

sources. Accordingly, the Administrator 


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certifies that this proposed rule will not 

have a significant economic impact on 

a substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). 

Unfunded Mandates Reform Act 

Because this rule proposes to approve 

pre-existing requirements under state 

law and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

Executive Order 13132: Federalism 

This proposed action also does not 

have Federalism implications because it 

does not have substantial direct effects 

on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132 (64 

FR 43255, August 10, 1999). This action 

merely proposes to affect the status of a 

geographical area does not impose any 

new requirements on sources, and to 

approve state rules, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the CAA. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed rule also does not have 

tribal implications because it will not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This proposed rule also is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it proposes 

approval of a state rule implementing a 

federal standard. 

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 regulatory 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). 

National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

requires Federal agencies to use 

technical standards that are developed 

or adopted by voluntary consensus to 

carry out policy objectives, so long as 

such standards are not inconsistent with 

applicable law or otherwise impractical. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Absent a prior existing 

requirement for the state to use 

voluntary consensus standards, EPA has 

no authority to disapprove a SIP 

submission for failure to use such 

standards, and it would thus be 

inconsistent with applicable law for 

EPA to use voluntary consensus 

standards in place of a program 

submission that otherwise satisfies the 

provisions of the CAA. Redesignation is 

an action that affects the status of a 

geographical area but does not impose 

any new requirements on sources. 

Therefore, the requirements of section 

12(d) of the NTTA do not apply. 

Executive Order 12898: Environmental 

Justice 

Executive Order 12898 establishes a 

Federal policy for incorporating 

environmental justice into Federal 

agency actions by directing agencies to 

identify and address, as appropriate, 

disproportionately high and adverse 

human health of environmental effects 

of their programs, policies, and 

activities on minority and low-income 

populations. Today’s proposed actions 

would not result in the relaxation of 

control measures on existing sources 

and therefore would not cause 

emissions increases from those sources. 

Overall, emissions in the area are 

projected to decline following 

redesignation. Thus, these proposed 

actions would not have 

disproportionately high and adverse 

effects on any communities in the area, 

including minority and low-income 

communities. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

regulations, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: May 11, 2007. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. E7–9825 Filed 5–30–07; 8:45 am] 

BILLING CODE 6560–50–P 


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