Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69443 

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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

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 January 17, 2006. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action 

approving Maryland’s attainment plan 

for the Metropolitan Washington, DC 

severe 1-hour ozone nonattainment area 

and rescinding earlier final rules 

starting sanctions clocks from may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: November 8, 2005. Donald S. 

Welsh, 

Regional Administrator, 

Region III. 

■ 40 CFR part 52 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 V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding the entry for 

1-hour Ozone Attainment Plan at the 

end of the table to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

* * * * * * * 

1-hour Ozone Attainment Plan Washington DC 1–hour ozone 

nonattainment area.

9/2/2003 

2/24/2004 

11/16/05 [Insert page number 

where the document begins].

§ 52.1073 [Amended] 

■ 3. Section 52.1073 is amended by 

removing and reserving paragraphs (f) 

and (g). 

[FR Doc. 05–22700 Filed 11–15–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R05–OAR–2005–IN–0008; FRL–7997–8] 

Determination of Attainment, Approval 

and Promulgation of Implementation 

Plans and Designation of Areas for Air 

Quality Planning Purposes; Indiana; 

Redesignation of Delaware County to 

Attainment of the 8-Hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On August 25, 2005, the State 

of Indiana, through the Indiana 

Department of Environmental 

Management (IDEM), submitted: a 

request for EPA approval of a 

redesignation of Delaware County 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 ozone maintenance 

plan for Delaware County. EPA is 

approving the State’s requests. 

EPA’s approval of the redesignation 

request is based on the determination 

that Delaware County and the State of 

Indiana have met the criteria for 

redesignation to attainment specified in 

the Clean Air Act (CAA), including the 

determination that Delaware County has 

attained the 8-hour ozone standard. In 

conjunction with the approval of the 

redesignation request for Delaware 

County, EPA is approving 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 approving the 2015 Volatile 

Organic Compounds (VOC) and 

Nitrogen Oxides (NOX) Motor Vehicle 

Emissions Budgets (MVEBs) for this 

area, as defined in the ozone 

maintenance plan, for purposes of 

transportation conformity. 

DATES: This rule is effective on January 

3, 2006, unless EPA receives adverse 

written comments by December 16, 

2005. If EPA receives adverse 

comments, EPA will publish a timely 

withdrawal of the rule in the Federal 

Register and inform the public that the 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

IN–0008, 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/. Regional 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, 

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 AM to 4:30 PM excluding 

Federal holidays. 

69444 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 

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. 

Instructions: Direct your comments to 

RME ID No. R05–OAR–2005–IN–0008. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through 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. 

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 

AM to 4:30 PM, 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 Actions 

A. What actions is EPA taking? 

B. Do these actions apply to me? 

C. What is the background for these 

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 Delaware 

County? 

B. What is a safety margin? 

C. Are the MVEBs approvable? 

VI. Final Actions 

VII. Statutory and Executive Order Reviews 

I. EPA’s Actions 

A. What actions is EPA taking? 

EPA is taking several related actions. 

EPA is determining that Delaware 

County has attained the 8-hour ozone 

NAAQS, and that it has met the 

requirements for redesignation to 

attainment of the 8-hour ozone NAAQS 

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

EPA is, therefore, approving a request 

from the State of Indiana to change the 

designation of Delaware County from 

nonattainment to attainment for the 8- 

hour ozone NAAQS. 

EPA is also approving Indiana’s ozone 

maintenance plan for this area as a SIP 

revision. The maintenance plan is 

designed to keep Delaware County 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 also 

approving the 2015 VOC and NOX

MVEBs for Delaware County for 

conformity purposes. 

B. Do these actions apply to me? 

These actions pertain to the 

designation of Delaware County for the 

8-hour ozone NAAQS and to the 

emission controls related to attainment 

and maintenance of the 8-hour ozone 

NAAQS in this area. The emissions of 

concern are VOC and NOX. If you own 

or operate a VOC or NOX emissions 

source in Delaware County or live in 

this area, this final action may impact or 

apply to you. It may also impact you if 

you are involved in transportation 

planning or implementation of emission 

controls in this area. 

C. What is the background for these 

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

The 8-hour ozone standard replaces a 

prior 1-hour ozone NAAQS, which was 

promulgated on February 8, 1979 (44 FR 

8202), and which was revoked on June 

15, 2005. It should be noted that 

ground-level ozone is not directly 

emitted by sources. Rather, emitted NOX

and VOC react in the presence of 

sunlight to form ground-level 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 a 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 the 

provisions of subpart 1 (many of the 

requirements in subpart 1 are 

superseded by the more-prescriptive 

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 (basic 

nonattainment areas) and subpart 2 

nonattainment (classified nonattainment 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69445 

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 

at or above 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 CAA rather than 

through the more-prescriptive requirements of 

subpart 2 of the CAA. 

areas) 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 ozone nonattainment areas were 

designated as basic nonattainment areas. 

In the April 30, 2004 designation/ 

classification rulemaking, Delaware 

County was designated as 

nonattainment for the 8-hour ozone 

standard, and was identified as a basic, 

subpart 1 nonattainment area.3 This 

designation was based on ozone data 

collected in Delaware County during the 

2001–2003 period. 

On August 25, 2005, the State of 

Indiana requested redesignation of 

Delaware County to attainment for the 

8-hour ozone NAAQS based on ozone 

data collected during the 2002–2004 

period. This redesignation request was 

supplemented on October 20, 2005 with 

a clarification of the State’s intent with 

regard to the triggering of contingency 

measures in the ozone maintenance 

plan for Delaware County. Today’s final 

rule addresses the ozone redesignation 

request as modified. 

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 to 

attainment 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, 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 29, 1992 (57 FR 

13498). 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 

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 Source Review (part D 

NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994; 

and, 

‘‘Reasonable Further Progress, 

Attainment Demonstration, and Related 

Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National 

Ambient Air Quality Standard,’’

Memorandum from John S. Seitz, 

Director, Office of Air Quality Planning 

and Standards, May 10, 1995. 

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

Approval of this redesignation request 

would change the official designation of 

Delaware County for the 8-hour ozone 

NAAQS found at 40 CFR part 81 from 

nonattainment to attainment. This final 

rule 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 or prevent possible future 

violations of the 8-hour ozone NAAQS, 

and establishes MVEB’s of 3.50 tons per 

day (tpd) for VOC and 4.82 tpd for NOX

for Delaware County. 

IV. What Is EPA’s Analysis of the 

State’s Request? 

In this final rule, EPA: (1) Determines 

that Delaware County has attained the 8- 

hour ozone standard and approves the 

redesignation of Delaware County to 

attainment of the 8-hour ozone NAAQS; 

and, (2) approves the ozone 

maintenance plan and 2015 VOC and 

NOX MVEBs for this area. The bases for 

our determination and approvals are as 

follows: 

1. Delaware County Has Attained the 8- 

Hour Ozone NAAQS 

EPA has determined that Delaware 

County has attained the 8-hour ozone 

NAAQS. For ozone, an area may be 

considered to be attaining the 8-hour 

ozone NAAQS if there are no violations 

of the NAAQS, as determined in 

accordance with 40 CFR 50.10 and 

Appendix I of 40 CFR part 50, based on 

the most recent three complete, 

consecutive calendar years of qualityassured 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 

recorded at each monitor (the 

monitoring site’s ozone design value) 

over the 3-year period must not exceed 

69446 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 

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 (highest ozone 

design value for all monitoring sites in 

the area) is 84 ppb 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 August 25, 2005 ozone 

redesignation request, IDEM submitted 

summarized ozone monitoring data 

indicating the top four daily maximum 

8-hour ozone concentrations for the sole 

monitoring site in Delaware County, 

Albany Elementary, for each year during 

the 2001–2004 period. These ozone 

concentrations have been qualityassured and are a subset of the qualityassured ozone data stored in EPA’s 

AIRS. The annual fourth-high 8-hour 

ozone monitoring concentrations and 

the three-year average fourth-high 8- 

hour ozone concentrations are 

summarized in Table 1. Of particular 

note is the three-year average for the 

2002–2004 period, the air quality basis 

for the determination of attainment for 

Delaware County. 

TABLE 1.—ANNUAL FOURTH-HIGH 8-HOUR OZONE CONCENTRATIONS AND THREE-YEAR AVERAGE FOURTH-HIGH 8-HOUR

OZONE CONCENTRATIONS IN DELAWARE COUNTY INDIANA, CONCENTRATIONS IN PPB 

Site Year 

Fourth-high 

8-hour 

concentration 

Three-year 

average for 

ending year 

Albany Elementary ................................................................................................................................... 2001 84 NA 

Albany Elementary ................................................................................................................................... 2002 95 NA 

Albany Elementary ................................................................................................................................... 2003 85 88 

Albany Elementary ................................................................................................................................... 2004 70 83 

These data show that the ozone 

design value (average annual fourthhigh daily maximum 8-hour ozone 

concentration over a three-year period) 

for the only ozone monitoring site in 

Delaware County during the 2002–2004 

period is below the 85 ppb 8-hour ozone 

standard violation cut-off. These data 

support the conclusion that Delaware 

County did not experience a monitored 

violation of the 8-hour ozone standard 

during the period of 2002–2004. 

Preliminary data through September of 

the 2005 ozone season show that 

Delaware County continues to attain the 

8-hour ozone standard. 

EPA believes that the data submitted 

by Indiana provide an adequate 

demonstration that Delaware County 

has attained the 8-hour ozone NAAQS. 

Indiana has committed to continue 

ozone monitoring in Delaware County. 

IDEM commits to consult with the EPA 

prior to making any changes in this 

ozone monitoring. 

2. Delaware County Has Met All 

Applicable Requirements Under Section 

110 and Part D of the CAA and the Area 

Has a Fully Approved SIP Under 

Section 110(k) of the CAA 

We have determined that Indiana has 

met all currently applicable SIP 

requirements for purposes of 

redesignation of Delaware County under 

section 110 of the CAA (general SIP 

requirements). We have also determined 

that the Indiana SIP meets all SIP 

requirements currently applicable for 

purposes of redesignation 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, we have determined 

that the Indiana SIP is fully approved 

with respect to requirements applicable 

for purposes of redesignation. See 

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

making these determinations, we have 

ascertained what SIP requirements are 

applicable to the area for purposes of 

redesignation, and have determined that 

the 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. Delaware County has met all 

applicable requirements under section 

110 and part D of the CAA. The 

September 4, 1992 Calcagni 

memorandum (see ‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air 

Quality Management Division, 

September 4, 1992) describes EPA’s 

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

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 emission 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 

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. 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69447 

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)). However, the 

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

state are not linked with a particular 

nonattainment area’s designation and 

classification. 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 desgination 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). 

We believe that section 110 elements 

not linked to the area’s nonattainment 

status are not applicable for purposes of 

redesignation. Any section 110 

requirements that are linked to the part 

D requirements for 8-hour ozone 

nonattainment areas are not yet due, 

since, as explained below, no Part D 

requirements applicable for purposes of 

redesignation under the 8-hour standard 

became due prior to submission of the 

redesignation requests. Therefore, as 

discussed above, for purposes of 

redesignation, they are not considered 

applicable requirements. 

Part D SIP requirements. EPA has 

determined that the Indiana SIP meets 

applicable SIP requirements under part 

D of the CAA since no requirements 

applicable for purposes of redesignation 

became due for the 8-hour ozone 

standard prior to submission of the 

Delaware County 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 Delaware County is a subpart 1 

8-hour ozone nonattainment area and is 

not classified under subpart 2 of part D 

of the CAA for the 8-hour ozone 

standard, subpart 2 of part D of the CAA 

does not apply to this area. 

Part D, Subpart 1 applicable 

requirements. For purposes of 

evaluating this ozone redesignation 

request, the applicable part D, subpart 1 

SIP requirements for Delaware County 

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 applicable for 

purposes of redesignation 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 Delaware 

County prior to the deadline for any 

submissions required for purposes of 

redesignation, we have determined that 

these requirements do not apply to 

Delaware County for purposes of 

redesignation. 

Section 176 conformity requirements. 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that the Federallysupported and funded activities, 

including highway projects, conform to 

the air planning goals in the applicable 

SIPs. The requirement to determine 

conformity applies to transportation 

plans, programs and projects developed, 

funded, or approved under Title 23 

U.S.C. and the Federal Transit Act 

(transportation conformity) as well as to 

all other Federally supported or funded 

projects (general conformity). State 

conformity revisions must be consistent 

with Federal conformity regulations 

relating to consultation, enforcement, 

and enforceability that the CAA 

required the EPA to promulgate. 

EPA believes that it is reasonable to 

interpret the conformity SIP 

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). 

Identification and Quantification of 

Allowable Emissions for Major New or 

Modified Stationary Sources. 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 Delaware County 

will be able to maintain the 8-hour 

ozone 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 Delaware County 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 for purposes of 

redesignation under section 110 and 

part D of the CAA. 

b. Delaware County has a fully 

approved SIP under section 110(k) of 

the CAA. EPA has fully approved the 

Indiana SIP for Delaware County under 

section 110(k) of the CAA for all 

69448 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 

4Emissions data for years after 2002 are not 

available for all sources. Note that 2002 is part of 

the three-year period in which Delaware County has 

attained the 8-hour ozone standard, and, therefore, 

can be considered to be an attainment year for 

purposes of demonstrating the connection between 

emissions and the improvement in air quality and 

for demonstrating maintenance of the 8-hour ozone 

standard. 

requirements applicable for purposes of 

redesignation. EPA may rely on prior 

SIP approvals in approving a 

redesignation request (See the 

September 4, 1992 John Calcagni 

memorandum, page 3, Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–990 (6th 

Cir. 1998), Wall v. EPA, 265 F.3d 426 

(6th Cir. 2001)) plus on 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 Delaware County for the 1- 

hour ozone standard. No Delaware 

County-related 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 also believes that 

since the part D requirements applicable 

for purposes of redesignation 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 

Delaware County 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 Delaware 

County is due to permanent and 

enforceable reductions in emissions 

resulting from the implementation of 

the SIP, Federal measures, and other 

state-adopted measures. 

In making this demonstration, the 

State has documented the changes in 

VOC and NOX emissions for both 

Delaware County and for nine Central 

Indiana Counties (Boone, Hamilton, 

Hancock, Hendricks, Johnson, Madison, 

Marion, Morgan, and Shelby), whose 

emissions are believed to substantially 

impact the air quality in Delaware 

County, for the years of 2000 and 2002.4

2000 is a year in which Delaware was 

in violation of the 8-hour ozone 

standard, and 2002 is the first year of 

the three-year period in which Delaware 

County attained the 8-hour ozone 

standard. 

A comparison of the VOC and NOX

emissions for Delaware County and the 

Central Indiana Counties for 2000 and 

2002 is summarized in Tables 2 and 3. 

TABLE 2.—VOC EMISSIONS IN DELAWARE COUNTY AND CENTRAL INDIANA COUNTIES IN 2000 AND 2002 IN TONS PER

YEAR

County 2000 2002 

Delaware .................................................................................................................................................................. 396 300 

Boone ....................................................................................................................................................................... 22 9 

Hamilton ................................................................................................................................................................... 197 148 

Hancock ................................................................................................................................................................... 319 178 

Hendricks ................................................................................................................................................................. 45 37 

Johnson ................................................................................................................................................................... 1,006 494 

Madison ................................................................................................................................................................... 414 485 

Marion ...................................................................................................................................................................... 3,115 2,100 

Morgan ..................................................................................................................................................................... 37 112 

Shelby ...................................................................................................................................................................... 859 914 

Totals ................................................................................................................................................................ 6,410 4,777 

TABLE 3.—NOX EMISSIONS IN DELAWARE COUNTY AND CENTRAL INDIANA COUNTIES IN 2000 AND 2002 IN TONS PER

YEAR

County 2000 2002 

Delaware .................................................................................................................................................................. 300 186 

Boone ....................................................................................................................................................................... 0 0 

Hamilton ................................................................................................................................................................... 2155 1193 

Hancock ................................................................................................................................................................... 84 58 

Hendricks ................................................................................................................................................................. 124 2 

Johnson ................................................................................................................................................................... 10 8 

Madison ................................................................................................................................................................... 434 326 

Marion ...................................................................................................................................................................... 12718 12056 

Morgan ..................................................................................................................................................................... 4603 4743 

Shelby ...................................................................................................................................................................... 2681 1591 

Totals ................................................................................................................................................................ 23109 20163 

In the above tables, the most relevant 

emissions are those for Delaware 

County. These data show that the local 

VOC and NOX emissions have declined 

between 2000, a year preceding the 

2001–2003 violation period with 

emissions indicative of the emissions at 

the start of the ozone violation period, 

and 2002, one of the years in the threeyear attainment period. 

The Central Indiana Counties are 

generally upwind of Delaware County 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69449 

on high-ozone days. The cumulative 

VOC and NOX emissions reductions in 

these Counties have contributed to the 

observed air quality improvement in 

Delaware County. Past ozone data 

analyses and ozone modeling conducted 

by the States in the Lake Michigan Air 

Directors Consortium (LADCO) have 

demonstrated that peak ozone levels 

throughout the Upper Midwest are 

significantly impacted by pollutant 

transport from upwind areas. Therefore, 

regional emissions reductions are 

assumed to have contributed to the air 

quality improvement in Delaware 

County. 

IDEM notes that the NOX emissions in 

this area (Delaware County and the 

Central Indiana Counties) are decreasing 

primarily in response to national 

emission control programs affecting all 

Electric Generating Units (EGUs), 

including the acid rain control program 

and the NOX SIP call. The VOC 

reduction in Delaware County is due to 

a plant closure, which IDEM considers 

to be permanent and enforceable. The 

VOC emissions reduction in Marion 

County is primarily due to mobile 

source emission controls, including the 

Federal Motor Vehicle Emissions 

Control Program, and to implementation 

of emission controls on stationary 

sources. 

Emission Control Measures 

Implemented in Delaware County 

To support the conclusion that the air 

quality improvement in Delaware 

County is due to permanent and 

enforceable emission reductions, IDEM 

documented the emission controls that 

have been implemented in Delaware 

County and in nearby, upwind 

Counties. The following discusses the 

emission controls that have been 

implemented in this area: 

a. Reasonably Available Control 

Technology (RACT). IDEM notes that 

Delaware County was not previously 

required to be covered by RACT rules 

for existing sources under the CAA. 

Statewide RACT rules, however, have 

been required by Indiana and 

implemented through the following 

RACT rules: 

326 IAC 8–1–6 Best Available 

Control Technology (BACT) for some 

Sources; 

326 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; 

326 IAC 8–8.1 Landfill Emission 

Controls; and, 

326 IAC 8–10 Auto Body 

Refinishing. 

b. NOX Rules. Under EPA’s NOX SIP 

call, Indiana was required to adopt and 

implement NOX emission control 

requirements for EGUs, industrial 

boilers, and cement kilns. Indiana has 

adopted the required emission control 

rules. Emission reductions resulting 

from these rules were required to begin 

in 2004, and should ultimately reduce 

NOX emissions by 31 percent statewide, 

with the emission reductions increasing 

through 2007. Note that statewide NOX

emissions actually began to decline in 

2002 as sources phased in emission 

controls needed to comply with the 

State’s NOX emission control 

regulations. From 2004 on, NOX

emissions from EGUs are capped at a 

statewide total well below pre-2002 

levels. As noted below, NOX emissions 

are expected to decline further as the 

State meets the requirements of EPA’s 

Phase II NOX SIP call. 

c. Federal Emission Control Measures. 

Reductions in VOC and NOX emissions 

have occurred statewide as a result of 

Federal emission control measures, with 

additional emission reductions expected 

to occur in the future as additional 

emission controls are implemented. The 

Federal emission control measures have 

included: (1) National low emission 

vehicle standards; (2) Tier II emission 

standards for vehicles; (3) gasoline 

sulfur limits; and, (4) heavy-duty diesel 

engine standards. In addition, in 2004, 

EPA issued the Clean Air Non-road 

Diesel Rule. This rule will reduce offroad diesel emissions through 2010, 

with emission reductions starting in 

2008. 

Based on the information summarized 

above, we conclude that Indiana has 

adequately demonstrated that emissions 

have declined between 2000 and 2002 

in Delaware County and in its upwind 

counties as a result of permanent and 

enforceable emission controls. Available 

ozone modeling (see the discussion of 

available ozone modeling in the section 

addressing the ozone maintenance plan 

below) shows that local VOC emission 

reductions and regional NOX emission 

reductions lead to lower ozone levels in 

this area. Based on this observation and 

the documentation of the emission 

reductions between 2000 and 2002, we 

conclude that the VOC and NOX

emission reductions that occurred 

between 2000 and 2002 have 

contributed to the reduction in peak 

ozone levels that have been observed in 

Delaware County between the periods of 

2001–2003 and 2002–2004. 

4. Delaware County Has a Fully 

Approvable Ozone Maintenance Plan 

Pursuant to Section 175A of the CAA 

In conjunction with the request for 

the redesignation of Delaware County to 

attainment of the 8-hour ozone NAAQS, 

IDEM submitted a requested SIP 

revision to provide for maintenance of 

the 8-hour ozone NAAQS in Delaware 

County for at least 10 years after the 

redesignation of this area to attainment 

of the NAAQS, through 2015. 

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. The State must submit a 

revised maintenance plan eight years 

after the redesignation which 

demonstrates that attainment will 

continue to be maintained for 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 contingency measures, 

with a schedule for implementation, as 

EPA deems necessary, to assure prompt 

correction of any future ozone standard 

violation. 

The September 4, 1992 John Calcagni 

memorandum provides additional 

guidance on the content of maintenance 

plans. An ozone maintenance plan 

should address the following items: (1) 

The attainment VOC and NOX emissions 

inventories; (2) a maintenance 

demonstration showing maintenance for 

the ten years of the maintenance period; 

(3) a commitment to maintain the 

existing monitoring network; (4) factors 

and procedures to be used for 

verification of continued attainment of 

the NAAQS; and, 

(5) a contingency plan to prevent or 

correct future violations of the NAAQS. 

b. Attainment Emissions Inventories 

IDEM prepared and documented 

comprehensive VOC and NOX emissions 

inventories for Delaware County and the 

Central Indiana Counties for 2002, the 

base/attainment year. These emissions 

include point (significant stationary 

sources), area (smaller stationary 

sources and widely-distributed sources), 

mobile on-road, and mobile non-road 

sources. 

To develop the attainment year 

emissions inventories, IDEM used the 

69450 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 

5The attainment year can be any year of the three 

consecutive years where the area has recorded clean 

air quality data (2002, 2003, or 2004 for Delaware 

County). 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, Office of Air Quality Planning and 

Standards. 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. 

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 to 

2002 from prior years. 

Mobile On-Road Sources—Mobile onroad 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 Delaware-Muncie 

Municipal Planning Commission 

(DMMPC). IDEM has provided detailed 

data summaries to document the 

calculation of mobile on-road 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 from 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 updated and revised 

emissions obtained from LADCO. IDEM 

also used data supplied by LADCO 

contractors to determine and assign 

emissions by county for railroads, 

recreational motorboats, and 

construction equipment. The emissions 

from construction equipment were 

revised based on surveys completed in 

the Midwest. 

The 2002 attainment year VOC and 

NOX emissions for Delaware County are 

summarized along with the 2010 and 

2015 projected emissions for Delaware 

County in Table 4 below. 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 August 25, 2005 ozone 

redesignation request submittal, IDEM 

requested revision of the SIP to include 

a 10-year ozone maintenance plan as 

required by section 175A of the CAA. 

This submission shows maintenance of 

the 8-hour ozone NAAQS by 

demonstrating that current and future 

emissions of VOC and NOX remain at or 

below the attainment year emissions 

levels.5 Note that a maintenance 

demonstration may be based on 

projected emissions and need not be 

based on ozone 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 summarizes the VOC and 

NOX emissions for Delaware County for 

2002, 2010, and 2015 in Tons Per 

Summer Day (TPSD). IDEM chose 2010 

as an interim year in the 10-year 

maintenance demonstration period to 

show that the VOC and NOX emissions 

are not projected to increase above the 

2002 attainment levels in the middle of 

the 10-year period. 

TABLE 4.—ATTAINMENT YEAR (2002) AND PROJECTED VOC AND NOX EMISSIONS IN DELAWARE COUNTY (TPSD) 

Source sector 

VOC NOX

2002 2010 2015 2002 2010 2015 

Point ......................................................... 0.83 1.00 1.17 0.35 0.37 0.39 

Area .......................................................... 9.79 11.48 12.67 1.43 1.54 1.58 

On-Road ................................................... 8.19 4.69 3.33 13.89 7.66 4.59 

Non-Road ................................................. 9.23 5.43 5.28 4.11 3.29 2.74 

Total .................................................. 28.04 22.60 22.45 19.78 12.86 9.30 

The emission projections show that in 

Delaware County, emissions are not 

expected to exceed the levels of the 

2002 attainment year inventory during 

the 10-year maintenance period. 

Delaware County VOC and NOX

emissions are projected to decrease by 

5.59 TPSD and 10.48 TPSD, 

respectively, between 2002 and 2015. 

Emission control measures to remain 

in effect. Indiana commits to maintain 

the implemented emission control 

measures after redesignation of 

Delaware County to attainment of the 8- 

hour ozone NAAQS. Any revisions to 

emission control regulations and 

emission limits will be submitted to the 

EPA for approval as SIP revisions. 

Modeling support for the impact of 

emission changes on air quality and 

further improvements in air quality. 

IDEM notes that, although ozone 

modeling is not required to support 

ozone redesignation requests, a 

significant amount of ozone modeling 

data exist that support the connection 

between emission reductions and air 

quality improvement, including ozone 

modeling data that support a 

demonstration of maintenance for 

Delaware County. IDEM notes that the 

available ozone modeling data 

demonstrate that Delaware County is 

significantly impacted by ozone and 

ozone precursor transport and that 

regional NOX emission reductions are 

significantly beneficial for reducing 8- 

hour ozone concentrations in Delaware 

County. 

IDEM draws the following 

conclusions from the various ozone 

modeling analyses that have addressed 

the Midwest: 

i. EPA Modeling Analyses for the 

Heavy Duty Engine Rule. EPA 

conducted ozone modeling for the Tier 

II vehicles and low-sulfur fuels to 

support the final rulemaking for the 

Heavy Duty Engine (HDE) standards and 

highway diesel fuel rule (Tier II/Low 

Sulfur Fuel Rule). This modeling, in 

part, addressed ozone levels in 

Delaware County and the Central 

Indiana Counties. A base year of 1996 

was modeled, and impacts of fuel 

changes and the NOX SIP call were 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69451 

6Relative Reduction Factors are fractional 

changes in peak ozone concentrations projected to 

occur as the result of changes in ozone precursor 

emissions resulting from the implementation of 

emission control strategies. Relative Reduction 

Factors derived through the ozone modeling area 

applied to monitored peak ozone concentrations to 

project post-control peak ozone levels. 

7On October 20, 2005, IDEM submitted a letter 

which verified the State’s intent to activate an 

Action Level response in the event of a violation 

of the 8-hour ozone NAAQS in several areas, 

including Delaware County. The ozone 

maintenance plan submitted on August 25, 2005 

could be interpreted to require an Action Level 

response only in the event that the average annual 

fourth-high daily maximum 8-hour ozone 

concentration equaled 85 ppb. Therefore, a 

violation of the 8-hour ozone standard would 

theoretically not have triggered an Action Level 

response under certain circumstances. The October 

20, 2005 submittal rectified this potential problem. 

modeled using high ozone episodes in 

1995. The modeling supports the 

conclusion that the fuel improvements 

and the NOX SIP call should result in 

significant ozone improvements (lower 

projected ozone concentrations) in 

Delaware County and in the Central 

Indiana Counties. Using the modeling 

results to determine Relative Reduction 

Factors (RRFs)6 and considering the 

2001–2003 ozone design value (88 ppb) 

for the Albany Elementary monitoring 

site, IDEM projected the 2007 ozone 

design value for the Albany Elementary 

monitor to be 81.4 ppb. Therefore, the 

NOX SIP call and fuel modifications 

considered in the ozone modeling were 

found to significantly improve the 

ozone levels in Delaware County. 

ii. LADCO Modeling Analysis for the 

8-Hour Ozone Standard Assessment. 

LADCO has performed ozone modeling 

to evaluate the effects of the NOX SIP 

call and Tier II/Low Sulfur Fuel Rule on 

2007 ozone levels in the Lake Michigan 

area, which includes Delaware County 

and the Central Indiana Counties. Like 

the EPA modeling discussed above, this 

modeling indicates that the ozone 

design value for the Albany Elementary 

monitoring site would be significantly 

reduced by 2007 as the result of 

implementing the NOX SIP call and the 

Tier II/Low Sulfur Fuel Rule. 

The modeling results indicate that 

ozone levels will continue to drop in 

Delaware County as the modeled 

emission control programs are 

implemented. It should be noted that 

the improved air quality resulting from 

the existing Federal rules will be 

supplemented by additional emission 

reductions resulting from the 

implementation of the Clean Air 

Interstate Rule (CAIR) promulgated by 

the EPA on March 10, 2005, 70 FR 

25161. CAIR is expected to further 

reduce the transport of NOX and ozone 

into Delaware County as the result of 

decreased NOX emissions outside of 

Delaware County. 

d. Monitoring Network 

Indiana currently operates one ozone 

monitor in Delaware County. IDEM has 

committed to continue operating and 

maintaining an approved ozone monitor 

in Delaware County. 

e. Verification of Continued Attainment 

Continued attainment of the ozone 

NAAQS in Delaware County depends, 

in part, on the State’s tracking of 

indicators of continued attainment 

during the maintenance period. The 

State’s plan for verifying continued 

attainment of the 8-hour standard in 

Delaware County consists of plans to 

continue ambient ozone monitoring in 

accordance with the requirements of 40 

CFR part 58. In addition, IDEM will 

periodically revise and review the VOC 

and NOX emissions inventories for 

Delaware County to ensure that 

emissions growth is not threatening the 

continued attainment of the 8-hour 

ozone standard. 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. 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 the area to attainment. 

See section 175A(d) of the CAA. 

As required by section 175A of the 

CAA, Indiana has adopted a 

contingency plan for Delaware County 

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 or has occurred (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 or greater 

occurs at any monitor in the ozone 

maintenance area or when a violation of 

the 8-hour ozone standard occurs at any 

monitor in the ozone maintenance area 

(Delaware County).7 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 

69452 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 

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-be-implemented 

emissions control measures are 

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. 

EPA notes that it is construing this 

provision to require that any non-federal 

control measure relied upon in lieu of 

a contingency measure will be adopted 

by the State for inclusion in the State 

SIP and will be submitted to EPA for 

approval as a revision of the SIP. 

Contingency measures contained in 

the maintenance plans 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 Measures (TCMs) sufficient to 

achieve at least a 0.5 percent reduction 

in actual area-wide VOC emissions, to 

be selected from the following: 

A. Trip reduction programs, 

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

area-wide rideshare programs, work 

schedule 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 the 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 Delaware County to 

cover an additional 10-year period 

beyond the initial 10-year maintenance 

period. 

EPA has concluded that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: attainment 

inventory, maintenance demonstration, 

monitoring network, verification of 

continued attainment, and a 

contingency plan. The maintenance 

plan SIP revision submitted by Indiana 

for Delaware County meets the 

requirements of section 175A of the 

CAA, and, therefore is approved. 

V. Has Indiana Adopted Acceptable 

Motor Vehicle Emissions Budgets 

(MVEBs) for the End of the 10-Year 

Maintenance Plan (for 2015) Which Can 

Be Used To Support Conformity 

Determinations? 

A. How are MVEBs developed and what 

are the MVEBs for Delaware County? 

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 SIP and 

attainment demonstration SIP revisions) 

and ozone maintenance plans 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 policy, 

criteria, and procedures for 

demonstrating and assuring conformity 

of such 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 

SIP as required by section 176(c) of the 

Clean Air Act. 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 submission; (2) 

providing the public the opportunity to 

comment on the MVEB during a public 

comment period; and (3) making a 

finding of adequacy. The process of 

determining the adequacy of submitted 

SIP MVEBs was initially outlined in 

EPA’s May 14, 1999 guidance, 

‘‘Conformity Guidance on 

Implementation of March 2, 1999, 

Conformity Court Decision.’’ This 

guidance was finalized in the 

Transportation Conformity Rule 

Amendments for the ‘‘New 8-Hour 

Ozone and PM2.5 National Ambient Air 

Quality Standards and Miscellaneous 

Revisions for Existing Areas; 

Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change’’

published on July 1, 2004 (69 FR 

40004). EPA follows this guidance and 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69453 

rulemaking in making its adequacy 

determinations. 

Delaware County’s 10-year 

maintenance plan submission contains 

new VOC and NOX MVEBs for 2015. 

The availability of the SIP submissions 

with these 2015 MVEBs was announced 

for public comment on EPA’s adequacy 

Web page on August 2, 2005, at: 

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

conform/currsips.htm. The EPA public 

comment period on adequacy of the 

2015 MVEBs for Delaware County 

closed on September 1, 2005. No 

requests for this submittal or adverse 

comments on this submittal were 

received during the adequacy comment 

period. On November 7, 2005, EPA 

informed the State of Indiana, through 

a letter, that the 2015 MVEBs are 

adequate for the purposes of 

transportation conformity analyses. 

EPA, through this rulemaking, is 

approving the MVEBs for use to 

determine transportation conformity in 

Delaware County because EPA has 

determined that the 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 Delaware County to be 

3.50 tpd for VOC and 4.82 tpd 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). IDEM 

decided to include safety margins 

(described further below) of 0.17 tpd of 

VOC and 0.23 tpd for NOX in the 

MVEBs to provide for mobile source 

growth. Indiana has demonstrated that 

Delaware County can maintain the 8- 

hour ozone NAAQS with mobile source 

emissions of 3.50 tpd of VOC and 4.82 

tpd of NOX in 2015, including the 

allocated safety margins, since 

emissions will still remain under 

attainment year emission 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, Delaware County VOC 

and NOX emissions are projected to 

have safety margins of 5.59 tpd for VOC 

and 10.48 tpd for NOX in 2015 (the 

difference between the attainment year, 

2002, emissions and the 2015 emissions 

for all sources in Delaware County). 

Even if emissions reached the full level 

of the safety margin, the counties would 

still demonstrate maintenance since 

emission levels would equal those in 

the attainment year. 

The MVEBs requested by IDEM 

contain safety margins for mobile 

sources significantly smaller than the 

allowable safety margins reflected in the 

total emissions for Delaware County. 

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 on-road 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. 

Further, once allocated to mobile 

sources, these safety margins will not be 

available for use by other sources. 

C. Are the MVEBs approvable? 

The VOC and NOX MVEBs for 

Delaware County are approvable 

because they maintain the total 

emissions for Delaware County at or 

below the attainment year inventory 

levels, as required by the transportation 

conformity regulations. 

VI. Final Actions 

EPA is making a determination that 

Delaware County has attained the 8- 

hour ozone NAAQS, and EPA is 

approving the redesignation of Delaware 

County from nonattainment to 

attainment for the 8-hour ozone 

NAAQS. After evaluating Indiana’s 

redesignation request, EPA has 

determined that it meets the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA. The final 

approval of this redesignation request 

would change the official designation 

for Delaware County from 

nonattainment to attainment for the 8- 

hour ozone standard. 

EPA is also approving the 

maintenance plan SIP revision for 

Delaware County. Approval of the 

maintenance plan is based on Indiana’s 

demonstration that the plan meets the 

requirements of section 175A of the 

CAA, as described more fully above. 

Additionally, EPA is finding adequate 

and approving the 2015 MVEBs 

submitted by Indiana in conjunction 

with the redesignation request. 

We are publishing these actions 

without prior proposal because we view 

these actions as non-controversial and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

State plan if relevant adverse written 

comments are filed. This rule will be 

effective January 3, 2006 without further 

notice unless we receive relevant 

adverse written comments by December 

16, 2005. If we receive such comments, 

we will publish a timely withdrawal of 

the action, informing the public that the 

rule will not take effect. EPA will 

respond to the public comments in a 

subsequent final rule based on the 

proposed action. The EPA will not 

institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

If we do not receive any comments, this 

action will be effective January 3, 2006. 

VII. Statutory and Executive Order 

Reviews 

Executive Order 12866; Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). 

Regulatory Flexibility Act 

This action merely approves state law 

as meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Redesignation of an area to attainment 

under section 107(d)(3)(E) of the Clean 

Air Act does not impose any new 

requirements on small entities. 

Redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on sources. Accordingly, 

the Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

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

Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

69454 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 

Executive Order 13175 Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(59 FR 22951, November 9, 2000). 

Executive Order 13132 Federalism 

This action also does not have 

federalism implications because it does 

not have substantial direct effects on the 

states, on the relationship between the 

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). Redesignation is an 

action that merely affects the status of 

a geographical area, does not impose 

any new requirements on sources, or 

allows a state to avoid adopting or 

implementing other requirements, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. 

Executive Order 13045 Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Redesignation is an 

action that affects the status of a 

geographical area and does not impose 

any new requirements on sources. Thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

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

272 note) do not apply. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

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

Congressional Review Act 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 17, 2006. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Volatile organic compounds. 

40 CFR Part 81 

Air pollution control, Environmental 

protection, National parks, Wilderness 

areas. 

Dated: November 9, 2005. 

Margaret Guerriero, 

Acting Regional Administrator, Region 5. 

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

the Code of Federal Regulations is 

amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Section 52.777 is amended by 

adding paragraph (cc) to read as follows: 

§ 52.777 Control strategy: photochemical 

oxidants (hydrocarbons). 

* * * * * 

(cc) Approval—On August 25, 2005, 

Indiana submitted a request to 

redesignate Delaware County to 

attainment of the 8-hour ozone National 

Ambient Air Quality Standard. This 

request was supplemented with a 

submittal dated October 20, 2005. As 

part of the redesignation request, the 

State submitted a maintenance plan as 

required by section 175A of the Clean 

Air Act. Elements of the section 175 

maintenance plan include a contingency 

plan and an obligation to submit a 

subsequent maintenance plan revision 

in 8 years as required by the Clean Air 

Act. Also included were motor vehicle 

emission budgets for use to determine 

transportation conformity in Delaware 

County. The 2015 motor vehicle 

emission budgets for Delaware County 

are 3.50 tons per day for VOC and 4.82 

tons per day for NOX. 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. Section 81.315 is amended by 

revising the entry for Muncie, IN: 

Delaware County in the table entitled 

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

read as follows: 

§ 81.315 Indiana. 

* * * * * 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69455 

INDIANA OZONE

[8-Hour standard] 

Designated area 

Designationa Classification 

Date1 Type Date1 Type 

* * * * * * * 

Muncie, IN: ..............................................................................

Delaware County .....................................................................

1/3/06 Attainment .............................. ........................ ........................

* * * * * * * 

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

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

[FR Doc. 05–22696 Filed 11–15–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[VA139–5073a; FRL–7997–6] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants, 

Commonwealth of Virginia; Control of 

Emissions From Hospital/Medical/ 

Infectious Waste Incinerator Units; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the rule Summary language of 

a final rule pertaining to EPA’s approval 

of the Commonwealth of Virginia 

hospital/medical/infectious waste 

incinerator (HMIWI) section 111(d)/129 

plan submitted by the Virginia 

Department of Environmental Quality 

(DEQ). 

DATES: Effective November 16, 2005. 

FOR FURTHER INFORMATION CONTACT: 

James B. Topsale, at (215) 814–2190 or 

by e-mail at 

topsale.jim@epamail.epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ or ‘‘our’’ are used we mean EPA. 

On September 10, 2004 (69 FR 54753), 

we published a final rulemaking action 

announcing our approval of the 

Commonwealth of Virginia hospital/ 

medical/infectious waste incinerator 

(HMIWI) section 111(d)/129 plan. In 

that document, we inadvertently 

included language relating to 

commercial and industrial solid waste 

incinerator units in the rule Summary. 

The intent of the rule Summary was to 

briefly describe the applicability and 

scope of the rule. This action corrects 

the erroneous language. 

In rule document 04–20429 published 

in the Federal Register on September 

10, 2004 (69 FR 54753), on page 54753 

of the Summary, first column, revise the 

third sentence to read, ‘‘The plan 

establishes emission limits, monitoring, 

operating, and recordkeeping 

requirements for HMIWI units for which 

construction commenced on or before 

June 20, 1996.’’ This revision is 

consistent with the promulgated 

Identification of Sources Provision, 

section 62.11626, of the noted rule and 

the related emissions guidelines under 

40 CFR part 60, subpart Ce. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making today’s rule final 

without prior proposal and opportunity 

for comment because we are merely 

correcting an incorrect citation in a 

previous action. Thus, notice and public 

procedure are unnecessary. We find that 

this constitutes good cause under 5 

U.S.C. 553(b)(B). 

Statutory and Executive Order Reviews 

Under Executive Order (E.O.) 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 Fed. Reg. 

28355 (May 22, 2001)). Because the 

agency has made a ‘‘good cause’’ finding 

that this action is not subject to noticeand-comment requirements under the 

Administrative Procedures Act or any 

other statute as indicated in the 

SUPPLEMENTARY INFORMATION section 

above, it is not subject to the regulatory 

flexibility provisions of the Regulatory 

Flexibility Act (5 U.S.C 601 et seq.), or 

to sections 202 and 205 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Pub. L. 104–4). In addition, this action 

does not significantly or uniquely affect 

small governments or impose a 

significant intergovernmental mandate, 

as described in sections 203 and 204 of 

UMRA. This rule also does 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), nor 

will it 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 governments, as specified by 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

This technical correction action does 

not involve technical standards; 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. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of