Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 53605 

Dated: September 2, 2005. 

Stefan G. Venckus, 

Chief, Office of Regulations and 

Administrative Law, U.S. Coast Guard. 

[FR Doc. 05–17831 Filed 9–8–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R05–OAR–2005–IN–0006; FRL–7965–7] 

Determination of Attainment, Approval 

and Promulgation of Implementation 

Plans and Designation of Areas for Air 

Quality Planning Purposes; Indiana; 

Redesignation of the Evansville Area 

to Attainment of the 8-Hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On June 2, 2005, the State of 

Indiana, through the Indiana 

Department of Environmental 

Management (IDEM), submitted: A 

request for the EPA to redesignate the 

area of Evansville (Vanderburgh and 

Warrick Counties) from nonattainment 

to attainment of the 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS); and a request for EPA 

approval of an Indiana State 

Implementation Plan (SIP) revision 

containing a 10-year maintenance plan 

for the Evansville area. EPA is 

proposing to approve the State’s request 

to redesignate the Evansville area to 

attainment of the 8-hour ozone NAAQS. 

EPA’s proposed approval of the 

redesignation request is based on the 

determination that the Evansville area 

and the State of Indiana have met the 

criteria for redesignation to attainment 

specified in the Clean Air Act (CAA), 

including the determination that the 

Evansville area has attained the 8-hour 

ozone standard. In conjunction with the 

proposed approval of the redesignation 

request for the Evansville area, EPA is 

proposing to approve the State’s plan to 

maintain the attainment of the 8-hour 

ozone NAAQS through 2015 in this area 

as a revision to the Indiana SIP. EPA is 

also proposing to approve 2015 Volatile 

Organic Compounds (VOC) and Oxides 

of Nitrogen (NOX) Motor Vehicle 

Emissions Budgets (MVEBs), which are 

supported by and consistent with the 

10-year maintenance plan for this area, 

for purposes of transportation 

conformity. 

DATES: Comments must be received on 

or before October 11, 2005. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

IN–0006, by one of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Agency Web site: http:// 

docket.epa.gov/rmepub/. RME, EPA’s 

electronic public docket and comments 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select quick search, then key in 

the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

E-mail: mooney.john@epa.gov. 

Fax: (312) 886–5824. 

Mail: You may send written 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. 

Hand delivery: Deliver your 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m. excluding 

Federal holidays. 

Instructions: Direct your comments to 

RME ID No. R05–OAR–2005–IN–0006. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, and may 

be made available online at http:// 

docket.epa.gov/rmepub/, 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 RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, 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 RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub/. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 RME or 

in hard copy at Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone Edward 

Doty, Environmental Scientist, at (312) 

886–6057, before visiting the Region 5 

office. This Facility is open from 8:30 

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

Friday, excluding legal holidays. 

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: 

I. EPA’s Proposed Actions 

A. What Actions Is EPA Proposing to Take? 

B. Do These Actions Apply to Me? 

C. What Is the Background for These 

Proposed Actions? 

II. What Are the Criteria for Redesignation to 

Attainment? 

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

IV. What Is EPA’s Analysis of the State’s 

Request? 

V. Has Indiana Adopted Acceptable Motor 

Vehicle Emissions Budgets for the End of 

the 10-Year Maintenance Plan (for 2015) 

Which Can Be Used to Support 

Conformity Determinations? 

A. How Are the MVEBs Developed and 

What Are the MVEBs for the Evansville 

Area? 

B. What Is a Safety Margin? 

C. Are the MVEBs Approvable? 

VI. Statutory and Executive Order Reviews 

53606 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 

1This standard is violated in an area when any 

ozone monitor in the area (or in its impacted 

downwind environs) records 8-hour ozone 

concentrations with an average of the annual 

fourth-highest daily maximum 8-hour ozone 

concentrations over a three-year period equaling or 

exceeding 85 ppb. 

2The 8-hour ozone design value and 1-hour 

ozone design value for each area were not 

necessarily recorded at the same monitoring site. 

The worst-case monitoring site for each 

concentration averaging time was considered for 

each area. 

3Because this area was not violating the 1-hour 

ozone NAAQS, with a 1-hour ozone design value 

below the 121 ppb cutoff, at the time of the 

promulgation of the 8-hour ozone designations and 

classifications, EPA determined that this area 

should be addressed through the less prescriptive 

requirements of subpart 1 of the Clean Air Act 

rather than through the more prescriptive 

requirements of subpart 2 of the Clean Air Act. 

I. EPA’s Proposed Actions 

A. What Actions Is EPA Proposing to 

Take? 

EPA is proposing to take two related 

actions. First, EPA is proposing to 

determine that the Evansville, Indiana 

ozone nonattainment area (Vanderburgh 

and Warrick Counties) has attained the 

8-hour ozone NAAQS, and that it has 

met the requirements for redesignation 

under section 107(d)(3)(E) of the CAA. 

EPA is, therefore, proposing to approve 

a request from the State of Indiana to 

change the designation of the Evansville 

area from nonattainment to attainment 

for the 8-hour ozone NAAQS. 

Second, EPA is proposing to approve 

Indiana’s ozone maintenance plan, as a 

requested SIP revision, for this area. The 

maintenance plan is designed to keep 

the Evansville area in attainment of the 

8-hour ozone NAAQS for the next 10 

years, through 2015. As supported by 

and consistent with the ozone 

maintenance plan, EPA is proposing to 

approve the 2015 VOC and NOX MVEBs 

for the Evansville area for conformity 

purposes. 

B. Do These Actions Apply to Me? 

These proposed actions pertain to the 

designation of the Evansville area for 

the 8-hour ozone NAAQS and to the 

emission controls in this area and in its 

upwind environs related to attainment 

and maintenance of the 8-hour ozone 

NAAQS. The emissions of concern are 

VOC and NOX. If you own or operate a 

VOC or NOX emissions source in the 

Evansville area or live in this area, this 

proposed rule may impact or apply to 

you. It may also impact you if you are 

involved in transportation planning or 

implementation of emission controls in 

the Evansville area. 

C. What Is the Background for These 

Proposed Actions? 

EPA has determined that ground-level 

ozone is detrimental to human health. 

On July 18, 1997, the 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 replaces a 

prior 1-hour ozone NAAQS, which had 

been promulgated on February 8, 1979 

(44 FR 8202), and which was revoked 

on June 15, 2005. Ground-level ozone is 

not emitted directly by 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.’’

The CAA required EPA to designate 

as nonattainment any area that violated 

the 8-hour ozone NAAQS based on the 

three most recent years of air quality 

data (2001–2003 ozone data were 

considered for the initial 8-hour ozone 

designations). The Federal Register 

notice making these designations was 

signed on April 15, 2004, and 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 

nonattainment areas for any pollutant, 

including ozone, governed by any 

NAAQS, and applies to all 

nonattainment areas. Subpart 2 contains 

more specific requirements for certain 

ozone nonattainment areas, and applies 

to ozone nonattainment areas classified 

under section 181 of the CAA. Subpart 

1 nonattainment areas, those areas not 

classified under section 181 of the CAA, 

are subject only to the provisions of 

subpart 1. Subpart 2 nonattainment 

areas, however, are subject to the 

provisions of subpart 2, as well as to 

provisions of subpart 1 (many of the 

requirements in subpart 1 are 

superseded by the more stringent 

requirements of subpart 2). 

In the April 30, 2004 designation 

rulemaking, EPA divided 8-hour ozone 

nonattainment areas into the categories 

of subpart 1 nonattainment and subpart 

2 nonattainment based on their 8-hour 

ozone design values (i.e., the three-year 

average annual fourth-highest daily 

maximum 8-hour ozone concentrations 

at the worst-case monitoring sites in the 

designated areas) and their 1-hour ozone 

design values (i.e., the fourth-highest 

daily maximum 1-hour ozone 

concentrations over the three-year 

period at the worst-case monitoring sites 

in the designated areas).2 8-hour ozone 

nonattainment areas with 1-hour ozone 

design values equaling or exceeding 121 

ppb were designated as classified 

nonattainment areas (as nonattainment 

areas required to meet the requirements 

of subpart 2 of the CAA). All other 8- 

hour nonattainment areas were 

designated as basic nonattainment areas 

(as ozone nonattainment areas required 

to meet the requirements of subpart 1 

only). 

In the April 30, 2004 designation/ 

classification rulemaking, the Evansville 

area was designated as nonattainment 

for the 8-hour ozone standard, and was 

identified as a subpart 1 nonattainment 

area.3 This designation was based on 

ozone data collected in the Evansville 

area during the 2001–2003 period. 

On June 2, 2005, the State of Indiana 

requested redesignation of the 

Evansville area to attainment for the 

8-hour ozone NAAQS based on ozone 

data collected during the 2002–2004 

period. Today’s proposed rule addresses 

this redesignation request. 

II. What Are the Criteria for 

Redesignation to Attainment? 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

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

provided that: (1) The Administrator 

determines that the area has attained the 

applicable NAAQS; (2) the 

Administrator has fully approved an 

applicable SIP 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 emissions reductions 

resulting from implementation of the 

applicable SIP, applicable Federal air 

pollution control regulations, and other 

permanent and enforceable emissions 

reductions; (4) the Administrator has 

fully approved a maintenance plan for 

the area as 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 

redesignation in the General Preamble 

for the Implementation of Title I of the 

CAA Amendments of 1990 on April 16, 

1992 (57 FR 13498), and supplemented 

this guidance on April 28, 1992 (57 FR 

18070). EPA provided further guidance 

on processing redesignation requests in 

the following documents: 

‘‘Ozone and Carbon Monoxide Design 

Value Calculations,’’ Memorandum 

from Bill Laxton, June 18, 1990; 

‘‘Maintenance Plans for Redesignation 

of Ozone and Carbon Monoxide 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 53607 

Nonattainment Areas,’’ Memorandum 

from G.T. Helms, Chief, Ozone/ 

Carbon Monoxide Programs Branch, 

April 30, 1992; 

‘‘Contingency Measures for Ozone and 

Carbon Monoxide (CO) 

Redesignations,’’ Memorandum from 

G.T. Helms, Chief, Ozone/Carbon 

Monoxide Programs Branch, June 1, 

1992; 

‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, September 4, 1992; 

‘‘State Implementation Plan (SIP) 

Actions Submitted in Response to 

Clean Air Act (Act) Deadlines,’’

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, October 28, 1992; 

‘‘Technical Support Documents (TSD’s) 

for Redesignation of Ozone and 

Carbon Monoxide Nonattainment 

Areas,’’ Memorandum from G.T. 

Helms, Chief, Ozone/Carbon 

Monoxide Programs Branch, August 

17, 1993; 

‘‘State Implementation Plan (SIP) 

Requirements for Areas Submitting 

Requests for Redesignation to 

Attainment of the Ozone and Carbon 

Monoxide (CO) National Ambient Air 

Quality Standards (NAAQS) On or 

After November 15, 1992,’’

Memorandum from Michael H. 

Shapiro, Acting Assistant 

Administrator for Air and Radiation, 

September 17, 1993; 

‘‘Use of Actual Emissions in 

Maintenance Demonstrations for 

Ozone and CO Nonattainment Areas,’’

Memorandum from D. Kent Berry, 

Acting Director, Air Quality 

Management Division, November 30, 

1993; 

‘‘Part D New Soure Review (part D NSR) 

Requirements for Areas Requesting 

Redesignation to Attainment,’’

Memorandum from Mary D. Nichols, 

Assistant Administrator for Air and 

Radiation, October 14, 1994; and, 

‘‘Reasonable Further Progress, 

Attainment Demonstration, and 

Related Requirements for Ozone 

Nonattainment Areas Meeting the 

Ozone National Ambient Air Quality 

Standard,’’ Memorandum from John 

S. Seitz, Director, Office of Air 

Quality Planning and Standards, May 

10, 1995. 

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

Approval of this redesignation request 

would change the official designation of 

the Evansville area for the 8-hour ozone 

NAAQS found at 40 CFR part 81. It 

would also incorporate into the Indiana 

SIP a plan for maintaining the 8-hour 

ozone NAAQS in the area through 2015. 

The maintenance plan includes 

contingency measures to remedy 

possible future violations of the 8-hour 

ozone NAAQS, and establishes MVEB’s 

of 4.20 tons per day (tpd) for VOC, and 

5.40 tpd for NOX. 

IV. What Is EPA’s Analysis of the 

State’s Request? 

EPA is proposing to: (1) Determine 

that the Evansville area has attained the 

8-hour ozone standard and approve the 

redesignation of the Evansville area to 

attainment of the 8-hour ozone NAAQS; 

and, (2) approve the ozone maintenance 

plan for this area. The bases for our 

proposed determination and approvals 

are as follows: 

1. The Evansville Area Has Attained the 

8-Hour Ozone NAAQS 

EPA is proposing to determine that 

the Evansville area has attained the 8- 

hour ozone NAAQS. For ozone, an area 

may be considered to be attaining the 8- 

hour ozone NAAQS if there are no 

violations 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 any monitoring site 

in the area. To attain this standard, the 

average of the annual fourth-high daily 

maximum 8-hour average ozone 

concentrations measured at each 

monitor (the monitoring site’s ozone 

design value) within the area (or in its 

downwind environs) over the 3-year 

period must not exceed the ozone 

standard. Based on the rounding 

convention described in 40 CFR part 50, 

appendix I, the 8-hour ozone standard is 

attained if the area’s ozone design value 

is 0.084 ppm or lower. The data must 

be collected and quality-assured in 

accordance with 40 CFR part 58, and 

recorded in EPA’s Aerometric 

Information Retrieval System (AIRS). 

The ozone monitors generally should 

have remained at the same locations for 

the duration of the monitoring period 

required for demonstrating attainment 

(for three years or more). 

As part of the June 2, 2005 ozone 

redesignation request, IDEM submitted 

summarized ozone monitoring data 

indicating the top four daily maximum 

8-hour ozone concentrations for each 

monitoring site for each year during the 

2002–2004 period. These summarized 

worst-case ozone concentrations are part 

of the quality-assured ozone data 

collected in the Evansville area. These 

data have been entered into EPA’s AIRS. 

The fourth high 8-hour daily maximum 

concentrations, along with their threeyear averages are summarized in Table 

1. 

TABLE 1.—FOURTH-HIGH 8-HOUR OZONE CONCENTRATIONS IN PARTS PER BILLION (PPB) 

County Monitoring site 2002 2003 2004 

Average 

fourth-high 

concentration 

Vanderburgh ...................................... Evansville ......................................... 95 81 72 82 

Vanderburgh ...................................... Inglefield ........................................... 86 75 57 73 

Warrick .............................................. Yankeetown ..................................... 94 82 74 83 

Warrick .............................................. Boonville .......................................... 91 76 72 79 

Warrick .............................................. Lynville ............................................. 90 78 64 77 

These data show that the ozone 

design values (averaged fourth-high 

daily maximum 8-hour concentrations) 

for the monitoring sites are all below the 

84 ppb ozone standard violation cut-off. 

These data support the conclusion that 

the Evansville area did not experience a 

monitored violation of the 8-hour ozone 

standard during the 2002–2004 period. 

Preliminary data through July of the 

2005 ozone season show that the area 

continues to attain the 8-hour ozone 

standard. 

As discussed below with respect to 

the ozone maintenance plan, Indiana 

has committed to continue ozone 

monitoring in this area. IDEM commits 

to consult with the EPA prior to making 

any changes to the existing monitoring 

network. 

EPA believes that the data submitted 

by Indiana provide an adequate 

demonstration that the Evansville area 

has attained the 8-hour ozone NAAQS. 

Therefore, we propose to find that the 

Evansville area has attained the 8-hour 

ozone standard. 

53608 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 

2. The Evansville Area Has Met All 

Applicable Requirements Under Section 

110 and Part D of the CAA and the Area 

Has a Fully Approved SIP Under 

Section 110(k) of the CAA 

EPA has determined that Indiana has 

met all currently applicable SIP 

requirements for the Evansville area 

under section 110 of the CAA (general 

SIP requirements). EPA has also 

determined that the Indiana SIP meets 

currently applicable SIP requirements 

under part D of title I of the CAA 

(requirements specific to subpart 1 

nonattainment areas). See section 

107(d)(3)(E)(v) of the CAA. In addition, 

EPA has determined that the SIP is fully 

approved with respect to all applicable 

requirements. See section 

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

these determinations, EPA ascertained 

what requirements are applicable to the 

area, and determined 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. 

a. The Evansville area has met all 

applicable requirements under section 

110 and part D of the CAA. The 

September 4, 1992 Calcagni 

memorandum (see ‘‘Procedures for 

Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, September 4, 1992) describes 

EPA’s interpretation of section 

107(d)(3)(E) 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 the September 17, 1993 

Shapiro memorandum 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 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). 

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 delineated 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: (a) Submittal of a SIP that has 

been adopted by the state after 

reasonable public notice and a hearing; 

(b) provisions for establishment and 

operation of appropriate procedures 

needed to monitor ambient air quality; 

(c) implementation of a source permit 

program; (d) provisions for the 

implementation of part C requirements 

(Prevention of Significant Deterioration 

(PSD)) and part D requirements (New 

Source Review (NSR)) for new sources 

or major source modifications; (e) 

criteria for stationary source emission 

control measures, monitoring, and 

reporting; (f) provisions for air quality 

modeling; and (g) provisions for public 

and local agency participation. 

SIP requirements and SIP elements 

are discussed in the following EPA 

documents: ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment,’’ Memorandum from John 

Calcagni, Director, Air Quality 

Management Division, September 4, 

1992; ‘‘State Implementation Plan (SIP) 

Actions Submitted in Response to Clean 

Air Act (CAA) Deadlines,’’

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, October 28, 1992; and ‘‘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, September 17, 

1993. See also other guidance 

documents listed above. 

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

requires that SIPs contain certain 

measures to prevent sources in a state 

from significantly contributing to air 

quality problems in another state. To 

implement this provision, EPA has 

required certain states to establish 

programs to address transport of air 

pollutants (NOX SIP call, Clean Air 

Interstate Rule (CAIR)). EPA has also 

found, generally, that states have not 

submitted SIPs under section 110(a)(1) 

to meet the interstate transport 

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

(70 FR 21147, April 25, 2005). However, 

the section 110(a)(2)(D) requirements for 

a state are not linked with a particular 

nonattainment area’s designation and 

classification in that state. EPA believes 

that the requirements linked with a 

particular nonattainment area’s 

designation and classification are the 

relevant measures to evaluate in 

reviewing a redesignation request. The 

transport SIP submittal requirements, 

where applicable, continue to apply to 

a state regardless of the designation of 

any one particular area in the state. 

We believe that these requirements 

should not be construed to be applicable 

requirements for purposes of 

redesignation. Further, we believe that 

the other section 110 elements 

described above that are not connected 

with nonattainment plan submissions 

and 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 a particular area’s designation and 

classification are the relevant measures 

in evaluating a redesignation request. 

This approach is consistent with EPA’s 

existing policy on applicability of 

conformity and oxygenated fuels 

requirements for redesignation 

purposes, as well as with section 184 

ozone transport requirements. See 

Reading, Pennsylvania, proposed and 

final rulemakings (61 FR 53174–53176, 

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

1997); Cleveland-Akron-Loraine, 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 ozone 

redesignation (65 FR 37890, June 19, 

2000), and the Pittsburgh ozone 

redesignation (66 FR 50399, October 19, 

2001). Finally, Indiana’s submission 

under the CAIR rule is not due until 

September 2006. 

We believe that section 110 elements 

not linked to the area’s nonattainment 

status are not applicable for purposes of 

redesignation. Nonetheless, we also note 

that EPA has previously approved 

provisions in the Indiana SIP addressing 

section 110 elements under the 1-hour 

standard. See 40 CFR part 52, subpart P. 

We believe that the section 110 SIP 

approved for the 1-hour standard may 

likely be sufficient to meet requirements 

under the 8-hour ozone standard, as 

well. EPA is in the process of further 

evaluating this question, and will, in the 

future if necessary, announce whether 

any additional section 110 SIP 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 53609 

4 IDEM documented the VOC and NOX emissions 

in these five counties at the request of the EPA. 

Although no analyses or modeling exist 

demonstrating that these specific emissions 

significantly contributed to the peak ozone levels in 

the Evansville area, it is recognized, based on 

available ozone analyses and modeling for the 

Midwest, that regional emissions outside of the 

Evansville area are likely to have significantly 

contributed to the peak ozone concentrations in the 

Evansville area. The documentation of the VOC and 

NOX emissions for these neighboring counties 

characterizes the relative magnitude of regional 

versus local emissions, and, through emission 

projections (documented in subsequent tables in 

this proposed rule), the directionality of regional 

emissions that may also impact future ozone 

concentrations. 

provisions are needed for the Evansville 

area under the 8-hour ozone standard. 

Part D SIP requirements. EPA has 

determined that the Indiana SIP meets 

applicable SIP requirements under part 

D of the CAA since no such 

requirements became due for the 8-hour 

ozone standard prior to submission of 

the area’s redesignation request. Subpart 

1 of part D, found in sections 172–176 

of the CAA, sets forth the basic 

nonattainment area plan requirements 

applicable to all nonattainment areas. 

Because the Evansville area is a subpart 

1 8-hour ozone nonattainment area and 

is not classified under subpart 2 of part 

D of the CAA for the 8-hour ozone 

standard, subpart 2 of part D of the CAA 

does not apply to this area. 

Section 172(c) requirements. For 

purposes of evaluating this ozone 

redesignation request, the applicable 

part D, subpart 1 SIP requirements for 

the Evansville area are contained in 

section 172 of the CAA. A thorough 

discussion of the requirements of 

section 172 can be found in the General 

Preamble for Implementation of Title I 

(57 FR 13498, April 16, 1992). 

No requirements under part D became 

due prior to submission of the 

redesignation request, and, therefore, 

none is applicable to the area for 

purposes of redesignation. For example, 

the requirement for an ozone attainment 

demonstration to meet the requirement 

of section 172(c)(1) is not yet applicable, 

nor are the requirements for Reasonably 

Available Control Measures (RACM) 

and Reasonably Available Control 

Technology (RACT) (section 172(c)(1)), 

Reasonable Further Progress (RFP) 

(section 172(c)(2)), and contingency 

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

Since the State of Indiana has 

submitted a complete ozone 

redesignation request for the Evansville 

area prior to the deadline for any 

submissions, we are proposing to 

determine that the part D requirements 

do not apply to the Evansville area for 

purposes of redesignation. 

Section 176 conformity requirements. 

Section 176(c) of 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 

SIP. The requirement to determine 

conformity applies to transportation 

plans, programs and projects developed, 

funded or approved under Title 23 

U.S.C. and the Federal Transit Act 

(transportation conformity) as well as to 

all other Federally-supported or funded 

projects (general conformity). State 

conformity SIP revisions must be 

consistent with Federal conformity 

regulations that the CAA required the 

EPA to promulgate. 

In addition to the fact that part D 

requirements did not become due prior 

to Indiana’s submission of the 

redesignation request and, therefore, are 

not applicable, EPA believes that it is 

reasonable to interpret the conformity 

requirements as not applying for 

purposes of evaluating the ozone 

redesignation request under section 

107(d) of the CAA because state 

conformity rules are still required after 

redesignation of an area 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, provided that the area 

demonstrates maintenance of the 

standard without part D NSR, since PSD 

requirements will apply after 

redesignation. 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 the area will be 

able to maintain the standard without 

part D NSR in effect, and therefore, EPA 

concludes 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 the Evansville area 

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); Grand Rapids, 

Michigan (61 FR 31834–31837, June 21, 

1996). Thus, the area has satisfied all 

applicable requirements under section 

110 and part D of the CAA. 

b. The Evansville area has a fully 

approved applicable SIP under section 

110(k) of the CAA. EPA has fully 

approved the Indiana SIP for the 

Evansville area under section 110(k) of 

the CAA for all applicable requirements. 

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), 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). Since the passage 

of the CAA of 1970, Indiana has adopted 

and submitted, and EPA has fully 

approved, provisions addressing the 

various required SIP elements 

applicable to the Evansville area for 

purposes of redesignation. No 

Evansville area SIP provisions are 

currently disapproved, conditionally 

approved, or partially approved. As 

indicated above, EPA believes that the 

section 110 elements not connected 

with nonattainment plan submissions 

and not linked to the area’s 

nonattainment status are not applicable 

requirements for purposes of 

redesignation. EPA has also noted that 

it may well conclude that the section 

110 SIP submission approved under the 

1-hour standard will be adequate for 

purposes of the 8-hour standard. EPA 

also believes that since the part D 

requirements did not become due prior 

to submission of the redesignation 

request, they also are, therefore, not 

applicable requirements for purposes of 

redesignation. 

3. The Air Quality Improvement in the 

Evansville Area Is Due to Permanent 

and Enforceable Reductions in 

Emissions From Implementation of the 

SIP and Applicable Federal Air 

Pollution Control Regulations and Other 

Permanent and Enforceable Emission 

Reductions 

EPA believes that the State of Indiana 

has demonstrated that the observed air 

quality improvement in the Evansville 

area is due to permanent and 

enforceable reductions in emissions 

resulting from implementation of the 

SIP, Federal measures, and other stateadopted measures. 

In making this demonstration, the 

State has documented the changes in 

VOC and NOX emissions for both the 

Evansville ozone nonattainment area 

and for five additional counties 4

(Dubois, Gibson, Pike, Posey, and 

Spencer) in the Southwestern Indiana 

53610 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 

5See Footnote 4 above. The most relevant 

emissions in this table and in subsequent emissions 

tables are the VOC and NOX emissions in 

Vanderburgh and Warrick Counties. The emissions 

in the remaining counties serve only to demonstrate 

the relative magnitude of regional versus local 

emissions and the directionality over time of 

regional emissions in general that, along with local 

emissions, impact the Evansville area’s peak ozone 

levels. 

area between 1996, when the Evansville 

area was monitored with a violation of 

the 8-hour ozone NAAQS, and 2002, 

one of the years during the three-year 

period when the Evansville area 

monitored attainment of the 8-hour 

ozone NAAQS. The VOC emissions and 

NOX emissions for the Southwestern 

Indiana area (with the Evansville area 

emissions given as a sub-portion of the 

summarized emissions) are given in 

Tables 2 and 3. The VOC and NOX

emissions for the Evansville ozone 

nonattainment area and for the 

remainder of the Southwestern Indiana 

area have shown significant downward 

trends between 1996 and 2002. IDEM 

notes that the emissions in this area are 

decreasing substantially in response to 

national emission reduction programs 

affecting all Electric Generating Units 

(EGUs), including the acid rain control 

program and the NOX SIP Call. A 

significant number of EGUs exist in the 

Southwestern Indiana area. Therefore, 

the national emission control 

requirements for the EGUs have likely 

had a significant impact on the NOX

emissions in this area and on the ozone 

concentrations monitored in the 

Evansville area. To some extent, these 

emission controls have also resulted in 

reductions in VOC emissions from these 

sources. 

TABLE 2.—VOC EMISSIONS IN THE EVANSVILLE AND SOUTHWESTERN INDIANA AREAS—1996–2002 IN TONS PER

SUMMER DAY 5

County 1996 1999 2002 

Vanderburgh/Warrick ..................................................................................................................................... 55.54 58.28 41.13 

Dubois ............................................................................................................................................................ 24.84 23.23 18.83 

Gibson ............................................................................................................................................................ 11.49 11.57 13.29 

Pike ................................................................................................................................................................ 4.36 4.22 4.66 

Posey ............................................................................................................................................................. 14.87 13.80 10.57 

Spencer .......................................................................................................................................................... 7.38 8.68 7.39 

Southwest Indiana Total ......................................................................................................................... 118.48 119.77 95.87 

TABLE 3.—NOX EMISSIONS IN THE EVANSVILLE AND SOUTHWESTERN INDIANA AREAS—1996–2002 IN TONS PER

SUMMER DAY

County 1996 1999 2002 

Vanderburgh/Warrick ..................................................................................................................................... 119.72 130.40 95.42 

Dubois ............................................................................................................................................................ 19.21 17.02 8.32 

Gibson ............................................................................................................................................................ 143.52 163.00 140.12 

Pike ................................................................................................................................................................ 81.73 66.08 64.65 

Posey ............................................................................................................................................................. 36.84 48.77 38.43 

Spencer .......................................................................................................................................................... 102.75 116.44 99.27 

Southwest Indiana Total ......................................................................................................................... 503.78 541.71 446.21 

Other emission controls have also 

been implemented in Southwestern 

Indiana. IDEM notes that statewide VOC 

RACT rules were adopted for a limited 

set of existing sources in the mid-1990s, 

and have been implemented by new 

sources located in Indiana since that 

time. The following Indiana VOC RACT 

rules have been adopted and 

implemented on a statewide basis: 326 

Indiana Administrative Code (IAC) 8–2 

(Surface Coating Emission Limitations); 

326 IAC 8–3 (Organic Solvent 

Degreasing Operations); 326 IAC 8–4 

(Petroleum Sources); 326 IAC 8–5 

(Miscellaneous Operations); 326 IAC 

8–6 (Organic Solvent Emission 

Limitations); and, 326 IAC 8–10 (Auto 

Body Refinishing). Compliance with 

these rules have reduced VOC emissions 

in the Southwestern Indiana area. 

Since the Evansville area was 

previously classified as a marginal 

nonattainment area for the 1-hour ozone 

standard, and was not required to 

demonstrate attainment of the 1-hour 

ozone standard, no ozone precursor 

emission controls were specifically 

required for the Evansville area. 

Therefore, the statewide and national 

emission control requirements have 

provided the majority of the emission 

reductions in this area. 

Besides the statewide VOC RACT 

rules and national NOX emission control 

requirements, other Federal emission 

reduction requirements have resulted in 

decreased ozone precursor emissions in 

the Southwestern Indiana area and/or 

will produce future emission reductions 

leading to maintenance of the ozone 

standard in the Evansville 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. 

Mobile source NOX emissions are 

expected to be decreased by 65 to 90 

percent, depending on vehicle type. 

Mobile source VOC emissions are 

expected to be decreased by 12 to 18 

percent depending on vehicle type. 

Heavy-Duty Diesel Engines. The 

Heavy-Duty Diesel Engine rule applies 

to new heavy-duty gasoline and diesel 

trucks and buses, and is expected to 

reduce NOX emissions from new 

vehicles by up to 40 percent. The rule 

is being phased in from 2004 through 

2007. 

Non-Road Diesel Rule. This rule 

generally applies to new stationary 

diesel engines used in certain 

industries, including construction, 

agriculture, and mining. In addition to 

affecting engine design, this rule 

includes requirements for cleaner fuels. 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 53611 

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. This rule will limit emissions 

from new engines beginning in 2008. 

The rule has not impacted current 

emissions from these engines, but is 

expected to have a significant impact 

during the maintenance period for the 

Evansville area. 

IDEM notes that some emission 

reductions have resulted from 

permanent source closures in the 

Evansville area, and that these emission 

reductions have contributed to the 

downward trend in emissions in the 

Evansville area and toward attainment 

of the 8-hour ozone standard. In its June 

2, 2005 submittal, IDEM has listed the 

source closures that have occurred 

between 1996 and 2002. IDEM confirms 

that the emissions reductions resulting 

from the source closures are permanent 

and will be maintained in the future. To 

prevent these emission reductions from 

being totally consumed by 

unconstrained source growth, IDEM 

states that any reopening of the closed 

facilities will require review under 

Indiana’s new source review program 

after the redesignation of the Evansville 

area to attainment of the 8-hour ozone 

NAAQS and the implementation of 

appropriate emission controls for new 

sources. 

Indiana commits to maintain all 

existing emission control measures that 

affect the Evansville area after this area 

is redesignated to attainment. All 

changes in existing rules affecting the 

Evansville area and new rules 

subsequently needed for continued 

maintenance of the 8-hour ozone 

NAAQS in the Evansville area will be 

submitted to the EPA for approval as 

SIP revisions. 

4. The Evansville Area Has a Fully 

Approvable Ozone Maintenance Plan 

Pursuant to Section 175A of the CAA 

In conjunction with its request to 

redesignate the Evansville area to 

attainment of the ozone NAAQS, 

Indiana submitted a SIP revision to 

provide for maintenance of the 8-hour 

ozone NAAQS in the Evansville area for 

at least 10 years after the redesignation 

of this area to attainment of the NAAQS. 

a. What Is Required in an Ozone 

Maintenance Plan? 

Section 175A of the CAA sets forth 

the required elements of maintenance 

plans for areas seeking redesignation 

from nonattainment to attainment. 

Under section 175A, a maintenance 

plan must demonstrate continued 

attainment of the applicable NAAQS for 

at least ten years after the Administrator 

approves the redesignation to 

attainment. Eight years after the 

redesignation, the State must submit a 

revised maintenance plan which 

demonstrates that attainment will 

continue to be maintained for the ten 

years following the initial ten-year 

maintenance period. To address the 

possibility of future NAAQS violations, 

the 8-hour ozone maintenance plan 

must contain such contingency 

measures, with a schedule for 

implementation, as EPA deems 

necessary, to assure prompt correction 

of any future 8-hour ozone standard 

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: The 

attainment VOC and NOX emissions 

inventories; a maintenance 

demonstration showing maintenance for 

the first ten years of the maintenance 

period; a commitment to maintain the 

existing monitoring network; factors and 

procedures to be used for verification of 

continued attainment; and, a 

contingency plan to prevent and/or 

correct any future violation of the 

NAAQS. 

b. Attainment Emissions Inventories 

IDEM prepared comprehensive VOC 

and NOX emissions inventories for 

Vanderburgh and Warrick Counties, 

including point (significant stationary 

sources), area (smaller stationary 

sources and widely-distributed sources), 

mobile on-road, and mobile non-road 

sources for a base year/attainment year 

of 2002. IDEM has documented the VOC 

and NOX emissions by major source 

categories for Vanderburgh and Warrick 

Counties, along with the VOC and NOX

emissions for other counties in the 

Southwestern Indiana area for 1996, 

1999, and 2002, which were years EPA 

required states to prepare and submit 

periodic emission inventory updates. 

To develop the base year emissions 

inventories, IDEM used the following 

approaches and sources of data: 

Area Sources—Area source VOC and 

NOX emissions were taken from the 

Indiana 2002 periodic emissions 

inventory, which was previously 

submitted to the EPA. The area source 

emission estimates were derived using 

United States Department of Commerce 

Bureau of Economic Analysis (BEA) 

growth factors to project emissions 

derived for 1996 and 1999. The area 

source estimates also involved the use 

of current local source surrogate data, 

including area populations and 

employment data by source type. 

Mobile On-Road Sources—Mobile 

source emissions were calculated using 

MOBILE6 emission factors. Traffic data 

(vehicle miles traveled, vehicle speeds, 

and vehicle type and age distributions) 

for 2002 were calculated using the travel 

demand model and post-processor 

provided by the Evansville Urban 

Transportation Study (EUTS). IDEM has 

provided detailed data summaries to 

document the calculation of mobile onroad VOC and NOX emissions for 2002, 

as well as for the projection years of 

2010 and 2015 (further discussed 

below). 

Point Source Emissions—2002 point 

source emissions were compiled from 

IDEM’s 2002 annual emissions 

statement database and the 2002 EPA 

Air Markets acid rain emissions 

inventory database. 

Mobile Non-Road Emissions—Nonroad mobile source emissions were 

generated by the EPA and documented 

in the 2002 National Emissions 

Inventory (NEI). In addition to the data 

taken from the NEI, IDEM also 

considered emissions for commercial 

marine vessels and railroads, obtained 

from the Lake Michigan Air Directors 

Consortium (LADCO). The NEI 

emissions data for recreational 

motorboats and construction equipment 

were significantly revised based on local 

data. The NEI emissions from 

recreational motorboats were revised to 

account for local motorboat population 

data and local spatial surrogates. The 

NEI construction equipment emissions 

were reviewed and updated based on 

surveys completed in the Midwest. 

IDEM also updated the temporal 

allocation of agricultural emissions. 

The 2002 attainment year VOC and 

NOX emissions for Vanderburgh and 

Warrick Counties are summarized along 

with the 2010 and 2015 projected 

emissions for these Counties in Tables 

4 below, which covers the 

demonstration of maintenance for this 

area. It is our conclusion that the State 

has adequately derived and documented 

the attainment year VOC and NOX

emissions for this area. 

c. Demonstration of Maintenance 

As part of its June 2, 2005 ozone 

redesignation request submittal, IDEM 

included a requested revision of the SIP 

to include a 10-year ozone maintenance 

plan as required by section 175A of the 

CAA. This demonstration shows 

maintenance of the 8-hour ozone 

NAAQS by assuring that current and 

future emissions of VOC and NOX

remain at or below the attainment year 

53612 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 

6The attainment year can be any of the three 

consecutive years where the area has clean air 

quality data (2002, 2003, or 2004 for the Evansville 

area). 2002 is the recommended base year for ozone 

attainment and rate-of-progress demonstrations, as 

discussed in a November 18, 2002 memorandum, 

‘‘2002 Base Year Emission Inventory SIP Planning: 

8-hr Ozone, PM2.5 and Regional Haze Programs,’’

from Lydia N. Wegman, Director, Air Quality 

Strategies and Standards Division. As noted here, 

Indiana chose to use 2002 as the attainment year 

because the State was already preparing emissions 

for this year to prepare the base year emissions 

inventory. 

7Analyses conducted by LADCO to support the 

development of 1-hour ozone attainment 

demonstrations showed that peak ozone 

concentrations in the Chicago and Milwaukee areas 

were sensitive to changes in local VOC emissions 

and to changes in regional NOX emissions outside 

of the urban areas. Changes in regional VOC 

emissions upwind of these urban areas produced 

minimal changes in the peak ozone concentrations 

in these urban areas. Modeling for the 8-hour ozone 

standard being conducted by LADCO and its 

member states suggests that the same principle also 

applies in other major urban areas in the region. 

emission levels.6 Note that a 

maintenance demonstration need not be 

based on modeling. See Wall v. EPA, 

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

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

also 66 FR 53094, 53099–53100 

(October 19, 2001) and 68 FR 25430–

25432 (May 12, 2003). 

Table 4 specifies the VOC and NOX

emissions for Venderburgh and Warrick 

Counties combined for 2002, 2010, and 

2015. IDEM chose 2010 as an interim 

year in the 10-year maintenance 

demonstration period to demonstrate 

that the VOC and NOX emissions are not 

projected to increase above the 

attainment levels in the middle of the 

10-year period. 

TABLE 4.—ATTAINMENT YEAR (2002) AND PROJECTED VOC AND NOX EMISSIONS IN VANDERBURGH AND WARRICK

COUNTIES (TPSD) 

Source sector 

VOC NOX

2002 2010 2015 2002 2010 2015 

Point ............................................................................................. 5.16 6.77 8.09 70.19 30.18 31.43 

Area .............................................................................................. 18.60 21.36 23.46 2.95 3.20 3.27 

On-Road ....................................................................................... 11.21 6.02 4.12 16.40 9.30 5.01 

Non-Road ..................................................................................... 6.16 4.42 3.80 5.88 4.52 3.23 

Total ...................................................................................... 41.13 38.56 39.47 95.42 47.19 42.94 

IDEM also considered regional 

emissions from other counties in the 

Southwestern Indiana area. IDEM 

concluded, based on analyses by 

LADCO,7 that regional NOX emissions 

changes may significantly impact the 

ozone levels in the Evansville area, 

whereas regional VOC emissions 

outside of the nonattainment area were 

less of a concern. IDEM determined the 

attainment year and projected year NOX

emissions for Dubois, Gibson, Pike, 

Posey, and Spencer Counties, which are 

the other counties in the Southwestern 

Indiana area as noted above. Table 5 

summarizes the NOX emissions totals 

for these counties by major source 

sector. It can be seen that the NOX

emissions totals in these counties are 

projected to decrease after 2002, which 

indicates that the transport of NOX into 

the Evansville area will also decrease 

during the 10-year maintenance period. 

TABLE 5.—ATTAINMENT YEAR AND PROJECTED NOX EMISSIONS IN COUNTIES IN THE VICINITY OF THE EVANSVILLE AREA

(TPSD) 

Source sector 

NOX

2002 2010 2015 

Point ............................................................................................................................................................... 318.03 134.22 134.71 

Area ............................................................................................................................................................... 2.37 2.53 2.61 

On-Road Mobile ............................................................................................................................................. 18.63 10.68 6.70 

Non-Road Mobile ........................................................................................................................................... 11.76 9.72 7.73 

Total ........................................................................................................................................................ 350.79 157.15 151.76 

The emission projections show that 

the ozone precursor emissions in the 

Evansville area in addition to the NOX

emissions in other counties in its 

vicinity are not expected to exceed the 

levels of the 2002 attainment year 

during the 10-year maintenance period. 

The decreases in local and regional NOX

emissions indicate that peak ozone 

levels in the Evansville area may 

actually be expected to further decline 

during the 10-year maintenance period. 

IDEM has documented the procedures 

used to project emissions. On-road 

mobile source emissions were projected 

using the MOBILE6 emission factor 

model and projected traffic data 

obtained from the Evansville Urban 

Transportation Study’s Travel Demand 

Model, the same procedure used to 

determine the attainment year on-road 

mobile source emissions. Emissions for 

the other major source sectors were 

determined using source activity/growth 

data provided by LADCO. LADCO has 

developed source growth and emission 

control data for sources in the upper 

Midwest for use in 8-hour ozone and 

fine particulate (PM2.5) modeling 

analyses. Therefore, IDEM’s emission 

projections for the Evansville area and 

its vicinity are consistent with the 

planning analyses being conducted to 

attain the 8-hour ozone and PM2.5

standards in the upper Midwest urban 

areas and region. It should also be noted 

that the NOX emission estimates are also 

consistent with the Indiana state-wide 

NOX emission budget established in 

Indiana’s EGU NOX rule. 

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 the Evansville area. We 

believe that this is especially likely 

given the projected decrease in the 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 53613 

8As noted above, the emissions from the 

‘‘neighboring counties’’ (those counties outside of 

the Evansville area) are indicative of the emission 

changes expected in the region as a whole. 

Therefore, since emissions are projected to decline 

in the neighboring counties, we can assume that 

emissions upwind of the Evansville area will also 

decline over the subject period. 

region’s NOX emissions.8 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 the 

implementation of their NOX rules for 

EGUs and other major NOX emission 

sources. In addition, further regional 

emission reductions are expected to 

occur as the result of the 

implementation of EPA rules for Tier 2 

motor vehicle standards, gasoline sulfur 

content restrictions, highway heavyduty diesel engines, and non-road diesel 

engines, all of which will be 

implemented during the next few years. 

The implementation of CAIR should 

also provide additional reductions in 

regional NOX emissions. 

d. Monitoring Network 

As noted elsewhere in this proposed 

rule, IDEM commits to continue 

operating and maintaining an approved 

ozone monitoring network in the 

Evansville area in accordance with 40 

CFR part 58 through the 10-year 

maintenance period. This will allow the 

confirmation of the maintenance of the 

8-hour ozone standard in this area. 

e. Verification of Continued Attainment 

Continued attainment of the 8-hour 

ozone NAAQS in the Evansville area 

depends, in part, on the State’s efforts 

toward tracking applicable indicators 

during the maintenance period. The 

State’s plan for verifying continued 

attainment of the 8-hour standard in the 

Evansville area consists of plans to 

continue ambient ozone monitoring in 

accordance with the requirements of 40 

CFR part 58. In addition, IDEM will 

periodically revise and review the VOC 

and NOX emissions inventories for the 

Evansville area to assure that emissions 

growth is not threatening the continued 

attainment of the 8-hour ozone standard 

in the Evansville area. Emissions 

inventories will be revised for 2005, 

2008, and 2011, as necessary to comply 

with the emissions inventory reporting 

requirements of the CAA. The updated 

emissions inventories will be compared 

to the 2002 emissions inventories to 

assess emission trends and assure 

continued attainment of the 8-hour 

ozone standard. 

f. Contingency Plan 

The contingency plan provisions are 

designed to promptly correct or prevent 

a violation 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 should identify the 

contingency measures to be adopted, a 

schedule and procedure for adoption 

and implementation of the 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 contained in the SIP before 

redesignation of an area to attainment. 

See section 175A(d) of the CAA. 

As required by section 175A of the 

CAA, Indiana has adopted a 

contingency plan to address a possible 

future ozone air quality problem. The 

contingency plan adopted by Indiana 

has two levels of responses, depending 

on whether a violation of the 8-hour 

ozone standard is only threatened 

(Warning Level) or is imminent (Action 

Level). 

A Warning Level response will occur 

when an annual (1-year) fourth-high 

monitored daily peak 8-hour ozone 

concentration of 88 ppb or higher is 

monitored in a single ozone season at 

any monitor within the ozone 

maintenance area. A Warning Level 

response will consist of Indiana 

performing a study to determine 

whether the high ozone concentration 

indicates a trend toward high ozone 

levels or whether emissions are 

increasing. If a trend toward higher 

ozone concentrations exists and is likely 

to continue, the emissions control 

measures necessary to reverse the trend 

will be determined taking into 

consideration ease and timing of 

implementation, as well as economic 

and social considerations. The study, 

including applicable recommended next 

steps, will be completed within 12 

months from the close of the ozone 

season with the recorded high ozone 

concentration. If emission controls are 

needed to reverse the adverse ozone 

trend, the procedures for emission 

control selection under the Action Level 

response will be followed. 

An Action Level response will occur 

when a two-year average annual fourthhigh monitored daily peak 8-hour ozone 

concentration of 85 ppb occurs at any 

monitor in the ozone maintenance area. 

In this situation, IDEM will determine 

the additional emission control 

measures needed to assure future 

attainment of the 8-hour ozone NAAQS. 

IDEM will focus on emission control 

measures that can be implemented in a 

short time, and selected emission 

control measures will be adopted and 

implemented within 18 months from 

the close of the ozone season with ozone 

monitoring data that prompted the 

Action Level Response. Adoption of any 

additional emission control measures 

will be subject to the necessary 

administrative and legal procedures, 

including publication of notices and the 

opportunity for public comment and 

response. If a new emission control 

measure is adopted by the State 

(independent of the ozone contingency 

needs) or is adopted at a Federal level 

and is scheduled for implementation in 

a time frame that will mitigate an ozone 

air quality problem, IDEM will 

determine whether this emission control 

measure is sufficient to address the 

ozone air quality problem. If IDEM 

determines that existing or soon-to-beimplemented emissions control 

measures should be adequate to correct 

the ozone standard violation problem, 

IDEM may determine that additional 

emission control measures at the State 

level may be unnecessary. Regardless, 

IDEM will submit to the EPA an 

analysis to demonstrate that proposed 

emission control measures are adequate 

to provide for future attainment of the 

8-hour ozone NAAQS in a timely 

manner. 

Contingency measures contained in 

the maintenance plan are those 

emission controls or other measures that 

Indiana may choose to adopt and 

implement to correct possible air quality 

problems. These include, but are not 

limited to, the following: 

i. Lower Reid vapor pressure gasoline 

requirements; 

ii. Broader geographic applicability of 

existing emission control measures; 

iii. Tightened RACT requirements on 

existing sources covered by EPA Control 

Technique Guidelines (CTGs) issued in 

response to the 1990 CAA amendments; 

iv. Application of RACT to smaller 

existing sources; 

v. Vehicle Inspection and 

Maintenance (I/M); 

vi. One or more Transportation 

Control Measure (TCM) sufficient to 

achieve at least a 0.5 percent reduction 

in actual area wide VOC emissions, to 

be selected from the following: 

53614 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 

A. Trip reduction programs, 

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

area wide rideshare programs, work 

schedule changes, and telecommuting; 

B. Transit improvements; 

C. Traffic flow improvements; and 

D. Other new or innovative 

transportation measures not yet in 

widespread use that affect State and 

local governments as deemed 

appropriate; 

vii. Alternative fuel and diesel retrofit 

programs for fleet vehicle operations; 

viii. Controls on consumer products 

consistent with those adopted elsewhere 

in the United States; 

ix. VOC or NOX emission offsets for 

new or modified major sources; 

x. VOC or NOX emission offsets for 

new or modified minor sources; 

xi. Increased ratio of emission offset 

required for new sources; and, 

xii. VOC or NOX emission controls on 

new minor sources (with VOC or NOX

emissions less than 100 tons per year). 

g. Provisions for Future Updates of the 

Ozone Maintenance Plan 

As required by section 175A(b) of the 

CAA, Indiana commits to submit to the 

EPA an update of the ozone 

maintenance plan eight years after 

redesignation of the Evansville area to 

cover an additional 10-year period 

beyond the initial 10-year maintenance 

period. 

V. Has Indiana Adopted Acceptable 

Motor Vehicle Emissions Budgets for 

the End of the 10-Year Maintenance 

Plan (for 2015) Which Can Be Used To 

Support Conformity Determinations? 

A. How Are the MVEBs Developed and 

What Are the MVEBs for the Evansville 

Area? 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIP revisions and ozone maintenance 

plans for applicable areas (for ozone 

nonattainment areas and for areas 

seeking redesignations to attainment of 

the ozone standard). These emission 

control strategy SIP revisions (e.g., 

reasonable further progress and 

attainment demonstration SIP revisions) 

and ozone maintenance plans must 

create MVEBs based on on-road mobile 

source emissions for criteria pollutants 

and/or their precursors to address 

pollution from cars and trucks. The 

MVEBs are the portions of the total 

allowable emissions that are allocated to 

highway and transit vehicle use that, 

together with emissions from other 

sources in the area, will provide for 

attainment or maintenance. 

Under 40 CFR part 93, a MVEB for an 

area seeking a redesignation to 

attainment is established for the last 

year of the maintenance plan. The 

MVEB serves as a ceiling 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 MVEB in the SIP and how 

to revise the MVEB if needed. 

Under section 176(c) of the CAA, new 

transportation projects, such as the 

construction of new highways, must 

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

the part of the SIP that addresses 

emissions from cars and trucks. 

Conformity to the SIP means that 

transportation activities will not cause 

new air quality violations, worsen 

existing air quality violations, or delay 

timely attainment of the NAAQS. If a 

transportation plan does not conform, 

most new transportation projects that 

would expand the capacity of roadways 

cannot go forward. Regulations at 40 

CFR part 93 set forth EPA’s policy, 

criteria, and procedures for 

demonstrating and assuring conformity 

of transportation activities to a SIP. 

When reviewing SIP revisions 

containing MVEBs, including 

attainment strategies, rate-of-progress 

plans, and maintenance plans, EPA 

must affirmatively find that the MVEBs 

are ‘‘adequate’’ for use in determining 

transportation conformity. Once EPA 

affirmatively finds the submitted 

MVEBs to be adequate for transportation 

conformity purposes, the MVEBs are 

used by state and federal agencies in 

determining whether proposed 

transportation projects conform to the 

SIPs as required by section 176(c) of the 

CAA. EPA’s substantive criteria for 

determining the adequacy of MVEBs are 

set out in 40 CFR 93.118(e)(4). 

EPA’s process for determining 

adequacy of a MVEB consists of three 

basic steps: (1) Providing public 

notification of a SIP submissions; (2) 

providing the public the opportunity to 

comment on the MVEB during a public 

comment period; and (3) EPA’s finding 

of adequacy. The process of determining 

the adequacy of submitted SIP MVEBs 

was initially outlined in EPA’s May 14, 

1999 guidance, ‘‘Conformity Guidance 

on Implementation of March 2, 199, 

Conformity Court Decision.’’ This 

guidance was finalized in the 

Transportation Conformity Rule 

Amendments for the ‘‘New 8-Hour 

Ozone and PM2.5 National Ambient Air 

Quality Standards and Miscellaneous 

Revisions for Existing Areas: 

Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change’’

published on July 1, 2004 (69 FR 

40004). EPA follows this guidance and 

rulemaking in making its adequacy 

determinations. 

The Evansville area’s 10-year 

maintenance plan contains VOC and 

NOX MVEBs for 2015. The availability 

of the SIP submission with these 2015 

MVEBs was announced for public 

comment on EPA’s adequacy Web page 

on April 12, 2005, at: http:// 

www.epa.gov/otaq/transp/conform/ 

currsips.htm. The EPA public comment 

period on the adequacy of the 2015 

MVEBs for the Evansville area closed on 

May 12, 2005. EPA did not receive any 

adverse comments. On June 30, 2005 (70 

FR 37856), EPA published a notice of 

adequacy to notify the public that we 

had found the 2015 MVEBs to be 

adequate for use in transportation 

conformity analyses. 

EPA, through this rulemaking, is 

proposing to approve the MVEBs for use 

to determine transportation conformity 

in the Evansville area because EPA has 

determined that the budgets are 

consistent with the control measures in 

the SIP and that the Evansville area can 

maintain attainment of the 8-hour ozone 

NAAQS for the relevant 10-year period 

with mobile source emissions at the 

levels of the MVEBs. IDEM has 

determined the 2015 MVEBs for the 

Evansville area (for Vanderburgh and 

Warrick Counties combined) to be 4.20 

tpd for VOC and 5.40 tpd day for NOX. 

It should be noted that these MVEBs 

exceed the on-road mobile source VOC 

and NOX emissions projected by IDEM 

for 2015, as summarized in Table 4, 

above (‘‘On-Road’’ source sector). 

Through discussions with all 

organizations involved in transportation 

planning for the Evansville area, IDEM 

decided to include safety margins of 

0.08 tpd of VOC and 0.39 tpd of NOX

in the MVEBs to provide for mobile 

source growth. Indiana has 

demonstrated that the Evansville area 

can maintain the 8-hour ozone NAAQS 

with mobile source emissions of 4.20 

tpd of VOC and 5.40 tpd of NOX in 

2015, since emissions will still remain 

under the attainment year levels. 

B. What Is a Safety Margin? 

A ‘‘safety margin’’ is the difference 

between the attainment level of 

emissions (from all sources) and the 

projected level of emissions (from all 

sources) in the maintenance plan. As 

noted in Table 4, the Evansville area 

VOC and NOX emissions are projected 

to have safety margins of 1.66 tons per 

day for VOC and 52.48 tons per day for 

NOX in 2015 (the difference between the 

attainment year, 2002, emissions and 

the 2015 emissions for all sources in 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 53615 

Vanderburgh and Warrick Counties 

combined). 

The MVEBs requested by IDEM 

contain safety margins (selected by the 

State) significantly smaller than the 

safety margins reflected in the total 

emissions for the Evansville area. The 

State is not requesting allocation of the 

entire available safety margins reflected 

in the demonstration of maintenance. 

Therefore, even though the State is 

requesting MVEBs that exceed the onroad mobile source emissions for 2015 

contained in the demonstration of 

maintenance, the increase in on-road 

mobile source emissions that can be 

considered for transportation 

conformity purposes is well within the 

safety margins of the ozone maintenance 

demonstration. 

C. Are the MVEBs Approvable? 

The VOC and NOX MVEBs for the 

Evansville area are approvable because 

they maintain the total emissions for 

Vanderburgh and Warrick Counties at or 

below the attainment year inventory 

levels, as required by the transportation 

conformity regulations. 

VI. Statutory and Executive Order 

Reviews 

Executive Order 12866; Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). 

Regulatory Flexibility Act 

This proposed action merely proposes 

to approve state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator 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 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 13132 Federalism 

This action also does not have 

federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

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 approve a state rule 

implementing a federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. 

Executive Order 13045 Protection of 

Children From Environmental Health 

and Safety Risks 

This 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 is not 

economically significant. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

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

272 note) do not apply. 

Paperwork Reduction Act 

This 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.). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, 

Transportation conformity, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: August 29, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. 05–17819 Filed 9–8–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[RO3–OAR–2005–MD–0008; FRL–7996–8] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; Maryland; 

Control of Emissions From 

Commercial and Industrial Solid Waste 

Incineration (CISWI) Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the May 12, 2005 negative declaration 

letter submitted by the Maryland 

Department of the Environment (MDE). 

The negative declaration certifies that 

existing CISWI units, subject to Clean 

Air Act (the Act) requirements of 

sections 111(d) and 129 and the related 

emissions guidelines (EG), have been 

permanently shut down and have been 

dismantled in the State of Maryland. 

In the Final Rules section of this 

Federal Register, EPA is approving the 

MDE certification as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

action and anticipates no adverse 

comments. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA