Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26113 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

K. Petitions for Review of This Action 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 12, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: April 12, 2010. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(354)(i)(E)(14) and 

(c)(363)(i)(A)(5) and (6) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(354) * * * 

(i) * * * 

(E) * * * 

(14) Rule 2020, ‘‘Exemptions,’’ 

adopted on September 19, 1991 and 

amended on December 20, 2007. 

* * * * * 

(363) * * * 

(i) * * * 

(A) * * * 

(5) Rule 2201, ‘‘New and Modified 

Stationary Source Review Rule,’’ 

adopted on September 19, 1991, and 

amended on December 18, 2008. 

(6) Rule 2530, ‘‘Federally Enforceable 

Potential to Emit,’’ adopted on June 15, 

1995, and amended on December 18, 

2008. 

* * * * * 

■ 3. Section 52.232 is amended by 

removing and reserving paragraphs 

(a)(6), (a)(10), and (a)(11) and by 

revising paragraph (a)(5)(i) to read as 

follows: 

§ 52.232 Part D conditional approval. 

(a) * * * 

(5) * * * 

(i) For PM: 

(A) By November 19, 1981, the NSR 

rules must be revised and submitted as 

an SIP revision. The rules must satisfy 

section 173 of the Clean Air Act and 40 

CFR Subpart I, ‘‘Review of new sources 

and modifications.’’ In revising Kern 

County’s NSR rules, the State/APCD 

must address all the requirements in 

EPA’s amended regulations for NSR (45 

FR 31307, May 13, 1980 and 45 FR 

52676, August 7, 1980) which the APCD 

rules do not currently satisfy including 

those deficiencies cited in EPA’s 

Evaluation Report Addendum which 

still apply despite EPA’s new NSR 

requirements (contained in document 

File NAP–CA–07 at the EPA Library in 

Washington, DC and the Regional 

Office). 

* * * * * 

[FR Doc. 2010–10925 Filed 5–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2009–0512; FRL–9147–2] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Indiana; Redesignation of 

Lake and Porter Counties to 

Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking several related 

actions affecting Lake and Porter 

Counties and the State of Indiana for the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS or 

standard). EPA is approving a request 

from the State of Indiana to redesignate 

Lake and Porter Counties, the Indiana 

portion of the Chicago-Gary-Lake 

County, Illinois-Indiana (IL–IN) 8-hour 

ozone nonattainment area, to attainment 

of the 1997 8-hour ozone NAAQS. In 

addition, EPA is approving, as a 

revision to the Indiana State 

Implementation Plan (SIP), the State’s 

plan for maintaining the 1997 8-hour 

ozone NAAQS through 2020 in Lake 

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

nonattainment area. EPA is also 

approving the 2002 Volatile Organic 

Compounds (VOC) and Nitrogen Oxides 

(NOX) emission inventories for Lake and 

Porter Counties as a SIP revision and as 

meeting the requirements of the Clean 

Air Act (CAA). Finally, EPA finds 

adequate and is approving the State’s 

2010 and 2020 VOC and NOX Motor 

Vehicle Emission Budgets (MVEBs) for 

Lake and Porter Counties. 

DATES: This final rule is effective May 

11, 2010. 

ADDRESSES: EPA has established a 

docket for this action: Docket ID No. 

EPA–R05–OAR–2009–0512. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 


jlentini on DSKJ8SOYB1PROD with RULES
26114 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

1The area continues to attain the 1997 8-hour 

ozone standard based on quality assured ozone data 

for 2009. See March 12, 2010, proposed rule (75 FR 

12094). 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Edward 

Doty, 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), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6057, 

doty.edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

Table of Contents 

I. What is the background for this rule? 

II. What comments did we receive on the 

proposed rule? 

III. What actions is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this rule? 

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

promulgated an 8-hour ozone standard 

of 0.08 parts per million (ppm). EPA 

published a final rule designating and 

classifying areas under the 1997 8-hour 

ozone NAAQS on April 30, 2004 (69 FR 

23857). In that rulemaking, Lake and 

Porter Counties in Indiana were 

designated as nonattainment as part of 

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

hour ozone nonattainment area. The 

Chicago-Gary-Lake County, IL–IN area 

was classified as a moderate 

nonattainment area for the 1997 8-hour 

ozone standard under subpart 2 of the 

CAA. 

On June 5, 2009, the Indiana 

Department of Environmental 

Management (IDEM) requested 

redesignation of Lake and Porter 

Counties to attainment of the 1997 

8-hour ozone NAAQS based on ozone 

data for the period 2006–2008.1 This 

redesignation request was 

supplemented by IDEM on July 20, 

2009, to demonstrate that attainment of 

the 1997 8-hour ozone NAAQS could be 

maintained in the Chicago-Gary-Lake 

County, IL–IN area through 2020 

without emission reductions resulting 

from implementation of EPA’s Clean Air 

Interstate Rule (CAIR). 

On March 12, 2010, EPA issued a 

final rulemaking determining that that 

the entire Chicago-Gary-Lake County, 

IL–IN area had attained the 1997 8-hour 

ozone NAAQS based on three years of 

complete, quality-assured ozone data for 

the period of 2006–2008, and 

continuing through 2009. 75 FR 12088. 

In that rulemaking, based on its 

determination of attainment, EPA also 

approved Indiana’s request for a waiver 

under CAA section 182(f) from CAA 

provisions requiring NOX Reasonably 

Available Control Technology (RACT) 

in Lake and Porter Counties. 

Also on March 12, 2010, EPA issued 

a notice of rulemaking proposing to 

approve Indiana’s request to redesignate 

the Indiana portion of the Chicago-GaryLake County, IL–IN) 1997 8-hour ozone 

nonattainment area, as well as 

proposing approval of a ten-year 

maintenance plan for the area, VOC and 

NOX MVEB’s, and VOC and NOX

emissions inventories. 75 FR 12090. 

This proposed rulemaking sets forth the 

basis for determining that Indiana’s 

redesignation request meets the CAA 

requirements for redesignation for the 

1997 8-hour ozone NAAQS. Air quality 

monitoring data in the Chicago-GaryLake County, IL–IN area for 2006–2009 

show that this area is currently attaining 

the 1997 8-hour ozone NAAQS. 

The primary background for today’s 

actions is contained in EPA’s March 12, 

2010 proposal to approve Indiana’s 

redesignation request, and in EPA’s 

March 12, 2010 final rulemaking 

determining that the area has attained 

the 1997 

8-hour ozone standard. In these 

rulemakings, we noted that, under EPA 

regulations at 40 CFR 50.10 and 40 CFR 

part 50, appendix I, the 1997 8-hour 

ozone standard is attained when the 

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

ozone concentrations is less than or 

equal to 0.08 ppm at all ozone 

monitoring sites in an area. See 69 FR 

23857 (April 30, 2004) for further 

information. To support the 

redesignation of the area to attainment 

of the NAAQS, the ozone data must be 

complete for the three attainment years. 

The data completeness requirement is 

met when the three-year average of days 

with valid ambient monitoring data is 

greater than 90 percent, and no single 

year has less than 75 percent data 

completeness, as determined in 

accordance with appendix I of 40 CFR 

part 50. Under the CAA, EPA may 

redesignate a nonattainment area to 

attainment if sufficient, complete, 

quality-assured data are available 

demonstrating that the area has attained 

the standard and if the State meets the 

other CAA redesignation requirements 

specified in section 107(d)(E) and 

section 175A. 

The March 12, 2010, proposed 

redesignation rulemaking provides a 

detailed discussion of how Indiana’s 

ozone redesignation request meets the 

CAA requirements for redesignation of 

the Indiana portion of the Chicago-GaryLake County, IL–IN area. With the final 

approval of its VOC and NOX emissions 

inventories, Indiana has met all CAA 

requirements for redesignation to 

attainment for 1997 8-hour ozone. Air 

quality monitoring data in the ChicagoGary-Lake County, IL–IN area for 2006– 

2009 show that this area is currently 

attaining the 1997 8-hour ozone 

NAAQS. Indiana has demonstrated that 

attainment of 1997 8-hour ozone 

NAAQS will be maintained in Lake and 

Porter Counties and in the ChicagoGary-Lake County, IL–IN area through 

2020 with or without the 

implementation of CAIR. Finally, 

Indiana has adopted 2010 and 2020 

VOC and NOX MVEBs that are 

supported by Indiana’s ozone 

maintenance demonstration and 

adopted ozone maintenance plan. 

II. What comments did we receive on 

the proposed rule? 

EPA provided a 30-day review and 

comment period. The comment period 

closed on April 12, 2010. During the 

comment period, we received comments 

from three individuals. These comments 

are summarized and addressed below. 

Comment 1 

A commenter recommends that, since 

the 1997 8-hour ozone standard has 

been met in Lake and Porter Counties, 

the vehicle emissions testing should be 

stopped in these Counties and the State 

should use the cost savings to address 

other issues in the State. 

Another commenter requests that EPA 

stop vehicle emissions testing in the 

area so as not to ‘‘continue to penalize’’ 

the citizens of Northwest Indiana. The 

commenter contends that, since air 

quality has improved and ‘‘times are 

hard for the people in the area’’ the 

emissions testing of vehicles should be 

halted. This commenter believes that 

emissions must be coming primarily 

from companies and factories, and 

contends that it is time for corporations 

to pay for their pollution. 

Response 1 

These commenters have not directly 

addressed any portion of EPA’s 

proposed actions. The March 12, 2010, 

proposed rule proposes no action with 

regard to Indiana’s vehicle Inspection/ 

Maintenance (I/M) program (the vehicle 

emissions testing program) in Lake and 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26115 

Porter Counties. Nonetheless, we note 

that EPA based its approval of the 

redesignation request in part on the 

existence of an EPA-approved I/M 

program in the Indiana SIP for Lake and 

Porter Counties. Since Lake and Porter 

Counties are part of the Chicago-GaryLake County, IL–IN area, which is 

classified as moderate nonattainment for 

the 1997 8-hour ozone standard, section 

182(b)(4) of the CAA requires Indiana’s 

SIP to provide for vehicle I/M in Lake 

and Porter Counties. For EPA to approve 

a State’s redesignation request, Section 

107(d)(3)(E)(ii) and (v) of the CAA 

requires EPA to determine that EPA has 

fully approved the State SIP for all 

requirements under section 110 and part 

D (including section 182(b)(4)) that are 

applicable for purposes of 

redesignation. EPA thus could not 

approve Indiana’s redesignation request 

for Lake and Porter Counties, without an 

I/M SIP provision. 

The State of Indiana has relied, in 

part, on the VOC and NOX emission 

reductions resulting from the 

implementation of I/M in Lake and 

Porter Counties to attain the ozone 

standard in this area. In addition, 

Indiana’s ozone maintenance plan and 

maintenance demonstration for Lake 

and Porter Counties include, and, in 

part, depend on future VOC and NOX

emission reductions resulting from the 

continued implementation of the I/M 

program in Lake and Porter Counties. 

Thus, EPA could not approve either the 

attainment or maintenance 

demonstrations without continued 

operation of the I/M program or some 

other control measure that would 

produce similar emissions reductions. 

The State of Indiana has not requested 

EPA to approve a revision to its SIP to 

remove the I/M program, nor could EPA 

approve such a revision without an 

adequate demonstration that such a 

revision would not interfere with 

continued maintenance of the 1997 

8-hour ozone standard or with 

attainment of other applicable air 

quality requirements pursuant to section 

110(l) of the CAA. The requirements for 

I/M in Lake and Porter Counties remain 

in place in the Indiana ozone SIP, and 

there is no basis in this rulemaking to 

remove I/M as an emission reduction 

program in these Counties. 

With regard to requiring companies 

and industries to control their 

emissions, the March 12, 2010, 

proposed rule (75 FR 12095–12097) 

makes it clear that Indiana has met all 

stationary source control requirements 

for Lake and Porter Counties that are 

applicable for purposes of redesignation 

under the CAA. The State has adopted 

all CAA-required VOC RACT 

requirements and New Source Review 

(NSR) requirements for Lake and Porter 

Counties, and the subject stationary 

sources (companies and industries) in 

Lake and Porter have implemented 

these required VOC emission 

reductions. In addition, on October 27, 

1998 (63 FR 57356), EPA issued a NOX

SIP Call requiring the District of 

Columbia and 22 States to reduce 

emissions of NOX in order to reduce the 

transport of ozone and ozone 

precursors. In compliance with EPA’s 

NOX SIP Call, IDEM developed rules 

governing the control of NOX emissions 

from Electric Generating Units (EGUs), 

major non-EGU industrial boilers, 

turbines, major cement kilns, and 

internal combustion engines. EPA 

approved Indiana’s rules as fulfilling 

requirements of Phase I of the NOX SIP 

Call on November 8, 2001 (66 FR 56465) 

and December 11, 2003 (68 FR 69025), 

and of Phase II of the NOX SIP Call on 

October 1, 2007 (72 FR 55664). 

Comment 2 

A commenter, apparently in response 

to EPA’s March 12, 2010 (75 FR 12088), 

final rulemaking approving a NOX

RACT waiver for Lake and Porter 

Counties, asks why EPA is waiving the 

‘‘CAA requirement of at least RACTlevel emissions control for the State of 

Indiana.’’ The commenter asserts that 

there are numerous coal-fired power 

plants, and other major pollution 

sources ‘‘just south of Illinois,’’ and 

contends, based on the findings from 

the Respiratory Health Association of 

Metropolitan Chicago, that ‘‘Indiana 

pollution sources contribute 

significantly to the smog that is visible 

on the horizon from anywhere in 

Chicago on summer days, despite EPA’s 

finding that the Chicago area has 

attained the 1997 8-hour ozone 

standard.’’ The commenter, referencing 

an EPA Web site (http://www.epa.gov/ 

dfe/pubs/pwb/tech_rep/fedregs/ 

regsecta.htm), claims that the ‘‘Chicago, 

IL–IN–WI’’ area is a ‘‘severe’’ ozone 

nonattainment area. 

Response 2 

First, EPA notes that the only waiver 

that EPA has granted, after notice-andcomment rulemaking that concluded on 

March 12, 2010, is based on CAA 

section 182(f)(1)(A) concerning NOX

RACT. 75 FR 12088. EPA received no 

comments on that rulemaking, which 

has been finalized, and is not a part of 

the March 12, 2010, proposed 

redesignation rule (75 FR 12090), which 

is the subject of this final rule. The 

grounds for that rulemaking were fully 

set forth in the notices that address it, 

and comments concerning it are not 

timely or germane to this rulemaking. 

Similarly, on March 12, 2010, EPA 

issued a determination that the entire 

Chicago-Gary-Lake County, IL–IN 8- 

hour ozone nonattainment area has 

attained the 1997 8-hour ozone 

standard, and reiterates in this 

rulemaking that the most recent three 

years of complete, quality-assured 

monitoring data establish that the area 

is attaining the standard. Since the area 

is already attaining the 1997 8-hour 

ozone NAAQS, imposition of additional 

NOX RACT controls will not contribute 

to attainment. 74 FR 48706 (September 

24, 2009). Moreover, sources of 

pollution in Indiana that contribute 

significantly to air quality in the 

Chicago-Gary-Lake County, IL–IN area 

are controlled by provisions of the 

Indiana SIP and by the NOX SIP call, as 

well as by other Federal regulations. See 

the discussion in EPA’s notice of 

proposed rulemaking. All subject 

sources in Lake and Porter Counties are 

required to meet applicable RACT 

requirements for VOC. With regard to 

the commenter’s assertion that the 

‘‘Chicago, IL–IN–WI’’ area is classified as 

a severe ozone nonattainment area, we 

note that this classification applied to 

the area’s status under the prior 1-hour 

ozone standard. On June 15, 2005, EPA 

revoked the 1-hour ozone standard. 70 

FR 44470. As noted above, the ChicagoGary-Lake County, IL–IN area was 

classified as a moderate nonattainment 

area under the current 1997 8-hour 

ozone standard, which is the ozone 

standard addressed in this final rule. 

Moreover, in its proposed redesignation 

notice, EPA concluded, after a detailed 

discussion, that Indiana had met all 

applicable 1-hour ozone antibacksliding requirements for the area’s 

prior severe classification that applied 

for purposes of redesignation for the 

1997 8-hour ozone standard. 

Comment 3 

A commenter is concerned that 

redesignating Lake and Porter Counties 

to attainment of the 1997 8-hour ozone 

standard will loosen new source review 

requirements for subject sources from 

Lowest Achievable Emission Rate 

(LAER) (required in ozone 

nonattainment areas) to Best Available 

Control Technology (BACT) (required in 

ozone attainment areas). 

Response 3 

The commenter is correct that major 

new source requirements in Lake and 

Porter Counties will change from LAER 

to BACT after the redesignation of Lake 

and Porter Counties to attainment of the 

1997 8-hour ozone standard becomes 

effective. This, however, does not mean 


jlentini on DSKJ8SOYB1PROD with RULES
26116 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

that this change in new source emission 

controls will cause new ozone standard 

violations, or otherwise interfere with 

the maintenance of the 1997 8-hour 

ozone standard in Lake and Porter 

Counties and in the Chicago-Gary-Lake 

County, IL–IN area. New sources will be 

subject to the Prevention of Significant 

Deterioration (PSD) program but 

existing sources that underwent 

nonattainment NSR must continue to 

comply with their permits and operate 

their control equipment. 

IDEM noted in its June 5, 2009, ozone 

redesignation request that the PSD 

requirements for the implementation of 

BACT at applicable new sources would 

replace the new source review 

requirements for LAER upon the 

redesignation of Lake and Porter 

Counties to attainment of the 1997 8- 

hour ozone standard. The substitution 

of PSD for nonattainment NSR was 

shown by the State, in its ozone 

maintenance plan, not to interfere with 

maintenance of the 1997 8-hour ozone 

standard in Lake and Porter Counties 

and in the Chicago-Gary-Lake County, 

IL–IN area as a whole. IDEM factored in 

projected new source emissions growth 

under the PSD program as part of the 

State’s ozone maintenance 

demonstration. Through this ozone 

maintenance demonstration, new source 

growth was shown to not cause future 

ozone standard violations. Therefore, 

we do not believe that conversion from 

LAER requirements to BACT 

requirements for applicable new sources 

in Lake and Porter Counties will 

interfere with the maintenance of the 

1997 8-hour ozone standard in the 

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

As always, contingency measures that 

are contained in the maintenance plan 

exist to correct any unanticipated future 

violations that may occur for any 

reason. 

Comment 4 

A commenter contends that loosening 

regulations via waivers and 

redesignation will lead to increases in 

ozone, augment risks of lung disease 

and affect asthma sufferers. 

Response 4 

As discussed above and in the March 

12, 2010, proposed rule (75 FR 12104– 

12109), IDEM has demonstrated that the 

area is attaining the 1997 8-hour ozone 

NAAQS, and that VOC and NOX

emissions in Lake and Porter Counties 

will remain below the attainment year 

(2006) emission levels through 2020. In 

making this maintenance 

demonstration, IDEM has estimated the 

emissions impacts of source growth in 

Lake and Porter Counties along with the 

emissions impacts of continued 

implementation of existing emission 

controls. The ozone maintenance 

demonstration shows that VOC and 

NOX emissions will remain below the 

2006 emission levels through 2020. 

Since the ozone maintenance 

demonstration has included the 

emissions impacts of the NOX RACT 

waiver and of source growth subsequent 

to the redesignation of Lake and Porter 

Counties to attainment of the 1997 8- 

hour ozone standard, we conclude that 

the NOX waiver and the redesignation of 

Lake and Porter Counties should not 

result in new violations of the 1997 8- 

hour ozone standard during the ozone 

maintenance period, through 2020. 

After redesignation, all control measures 

that are in place are retained, and 

contrary to commenter’s contention, 

there is no relaxation of existing 

controls on sources. 

EPA Conclusions Resulting From the 

Public Comments 

After considering all public comments 

received and our responses to those 

comments, we conclude that no issues 

have been raised that would cause us to 

alter the conclusions set forth in the 

March 12, 2010, proposed rule. 

III. What actions is EPA taking? 

After reviewing Indiana’s 

redesignation request, EPA has 

determined that it meets the criteria set 

forth in section 107(d)(3)(E) of the CAA. 

Therefore, EPA is approving the 

redesignation of Lake and Porter 

Counties to attainment for the 1997 8- 

hour ozone NAAQS. EPA is also 

approving Indiana’s ozone maintenance 

plan for Lake and Porter Counties as a 

SIP revision, based on Indiana’s 

demonstration that the plan meets the 

requirements of section 175A of the 

CAA. In addition, EPA is approving the 

2002 VOC and NOX emission 

inventories for Lake and Porter Counties 

as meeting the requirements of section 

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

finds adequate and is approving the 

State’s 2010 and 2020 VOC and NOX

MVEBs for Lake and Porter Counties. 

For 2010, these MVEBs are 10.5 tons 

VOC/day and 40.6 tons NOX/day. For 

2020, these MVEBs are 6.0 tons VOC/ 

day and 12.6 tons NOX/day. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. This is because a 

delayed effective date is unnecessary 

due to the nature of a redesignation to 

attainment, which relieves the area from 

certain CAA requirements that would 

otherwise apply to it. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule ‘‘grants or 

recognizes an exemption or relieves a 

restriction,’’ and section 553(d)(3), 

which allows an effective date less than 

30 days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ The 

purpose of the 30-day waiting period 

prescribed in section 553(d) is to give 

affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. Today’s rule, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, today’s rule relieves the State of 

planning requirements for this 8-hour 

ozone nonattainment area. For these 

reasons, EPA finds good cause under 5 

U.S.C. 553(d)(3) for this action to 

become effective on the date of 

publication of this action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by State law. A redesignation 

to attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, these actions do 

not impose additional requirements 

beyond those imposed by State law and 

the CAA. For that reason, these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26117 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 12, 2010. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Volatile organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: April 22, 2010. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

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

the Code of Federal Regulations is 

amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Section 52.777 is amended by 

adding paragraphs (pp) and (qq) to read 

as follows: 

§ 52.777 Control strategy: Photochemical 

oxidants (hydrocarbons). 

* * * * * 

(pp) Approval—On June 5, 2009, the 

Indiana Department of Environmental 

Management submitted a request to 

redesignate Lake and Porter Counties to 

attainment of the 1997 8-hour ozone 

NAAQS. As part of the redesignation 

request, the State submitted a 

maintenance plan as required by section 

175A of the Clean Air Act. Elements of 

the section 175A maintenance plan 

include a contingency plan and an 

obligation to submit a subsequent 

maintenance plan revision in 8 years, as 

required by the Clean Air Act. The 2010 

motor vehicle emissions budgets for 

Lake and Porter Counties are 10.5 tpd 

for VOC and 40.6 tpd for NOX. The 2020 

motor vehicle emissions budgets for 

Lake and Porter Counties are 6.0 tpd for 

VOC and 12.6 tpd for NOX. 

(qq) Approval—Indiana’s 2002 VOC 

and NOX emissions inventories satisfy 

the emission inventory requirements of 

section 182(a)(1) of the Clean Air Act for 

Lake and Porter Counties under the 

1997 8-hour ozone NAAQS. 

PART 81—[AMENDED] 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. Section 81.315 is amended by 

revising the entry for Chicago-Gary-Lake 

County, IL-IN in the table entitled 

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

read as follows: 

§ 81.315 Indiana. 

* * * * * 

INDIANA—OZONE

[8-Hour standard] 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Chicago-Gary-Lake County, IL–IN: 

Lake County .............................................. May 11, 2010 ............ Attainment. 

Porter County 

* * * * * * * 

* * * * * * * 

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

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


jlentini on DSKJ8SOYB1PROD with RULES
26118 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–11009 Filed 5–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2009–0928; EPA–R05– 

OAR–2010–0046; FRL–9147–3] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Ohio; Indiana; 

Redesignation of the Ohio and Indiana 

Portions of the Cincinnati-Hamilton 

Area to Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the requests 

of Ohio and Indiana to redesignate the 

Ohio and Indiana portions of the 

Cincinnati-Hamilton, OH–KY–IN 8-hour 

ozone nonattainment area, ‘‘the 

Cincinnati-Hamilton area,’’ to 

attainment for that standard, because 

these requests meet the statutory 

requirements for redesignation under 

the Clean Air Act (CAA). The Ohio 

Environmental Protection Agency (Ohio 

EPA) and the Indiana Department of 

Environmental Management (IDEM) 

submitted these requests on December 

14, 2009, and January 21, 2010, 

respectively. (EPA will address the 

Kentucky portion of the CincinnatiHamilton area in a separate rulemaking 

action.) 

These approvals involve several 

related actions. EPA is making a 

determination under the CAA that the 

Cincinnati-Hamilton area has attained 

the 1997 8-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). The Cincinnati-Hamilton area 

includes Butler, Clermont, Clinton, 

Hamilton, and Warren Counties in Ohio, 

Lawrenceburg Township in Dearborn 

County, Indiana, and Boone, Campbell, 

and Kenton Counties in Kentucky. This 

determination is based on three years of 

complete, quality-assured ambient air 

quality monitoring data for the 2007– 

2009 ozone seasons that demonstrate 

that the 8-hour ozone NAAQS has been 

attained in the entire CincinnatiHamilton area. EPA is also approving, as 

revisions to the Ohio and Indiana State 

Implementation Plans (SIPs), the States’ 

plans for maintaining the 8-hour ozone 

NAAQS through 2020 in the area. 

EPA is approving the 2002 base year 

emissions inventory submitted by IDEM 

on June 13, 2007, as meeting the base 

year emissions inventory requirement of 

the CAA for the Indiana portion of the 

Cincinnati-Hamilton area. EPA is 

approving the 2005 base year emissions 

inventory submitted by Ohio EPA as 

part of its redesignation request as 

meeting the base year emissions 

inventory requirements of the CAA for 

the Ohio portion of the CincinnatiHamilton area. Finally, EPA finds 

adequate and is approving the States’ 

2015 and 2020 Motor Vehicle Emission 

Budgets (MVEBs) for the Ohio and 

Indiana portion of the CincinnatiHamilton area. 

DATES: This final rule is effective May 

11, 2010. 

ADDRESSES: EPA has established dockets 

for this action: Docket ID No. EPA–R05– 

OAR–2009–0928 and ID No. EPA–R05– 

OAR–2010–0046. All documents in the 

docket are listed on the 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. This 

facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Kathleen D’Agostino, 

Environmental Engineer, at (312) 886– 

1767 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

Table of Contents 

I. What is the background for these actions? 

II. What comments did we receive on the 

proposed rule? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews. 

I. What is the background for these 

actions? 

The background for today’s actions is 

discussed in detail in EPA’s February 

26, 2010, proposal (75 FR 8871). In that 

rulemaking, we noted that, under EPA 

regulations at 40 CFR part 50, the 8-hour 

ozone standard is attained when the 

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

ozone concentrations is less than or 

equal to 0.08 ppm. (See 69 FR 23857 

(April 30, 2004) for further information.) 

Under the CAA, EPA may redesignate 

nonattainment areas to attainment if 

sufficient complete, quality-assured data 

are available to determine that the area 

has attained the standard and if it meets 

the other CAA redesignation 

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

The Ohio EPA and IDEM submitted 

requests to redesignate the Ohio and 

Indiana portions of the CincinnatiHamilton area to attainment for the 8- 

hour ozone standard on December 14, 

2009, and January 21, 2010, 

respectively. The redesignation requests 

included three years of complete, 

quality-assured data for the period of 

2007 through 2009, indicating the 8- 

hour NAAQS for ozone, as promulgated 

in 1997, had been attained for the 

Cincinnati-Hamilton area. The February 

26, 2010, proposed rule provides a 

detailed discussion of how Ohio and 

Indiana met this and other CAA 

requirements. 

II. What comments did we receive on 

the proposed rule? 

EPA provided a 30-day review and 

comment period. The comment period 

closed on March 29, 2010. We received 

no comments on the proposed rule. 

III. What action is EPA taking? 

EPA is making a determination that 

the Cincinnati-Hamilton area has 

attained the 1997 8-hour ozone NAAQS. 

EPA is also approving the maintenance 

plan SIP revisions for the Ohio and 

Indiana portions of the CincinnatiHamilton area. EPA’s approval of the 

maintenance plans is based on the 

States’ demonstrations that the plans 

meet the requirements of section 175A 

of the CAA. After evaluating the 

redesignation requests submitted by 

Ohio and Indiana, EPA believes that the 

requests meet the redesignation criteria 

set forth in section 107(d)(3)(E) of the 

CAA. Therefore, EPA is approving the 

redesignation of the Ohio and Indiana 

portions of the Cincinnati-Hamilton area 

from nonattainment to attainment for 

the 1997 8-hour ozone NAAQS. EPA is 

also approving Ohio EPA’s 2005 base 

year emissions inventory for the Ohio 


jlentini on DSKJ8SOYB1PROD with RULES