Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69085 

(i) Incorporation by reference. 

(A) South Coast Air Quality 

Management District (SCAQMD). 

(1) Amended Handbooks for Rules 

403 (Chapters 5, 7, and 8) and 403.1 

(Chapters 2, 3, 4, and 7), as adopted on 

April 2, 2004. 

(B) Plan revisions for the Coachella 

Valley Planning Area. 

(1) Fugitive dust control ordinances 

for: City of Cathedral City Ordinance 

No. 583 (1/14/04), City of Coachella 

Ordinance No. 896 (10/8/03), City of 

Desert Hot Springs Ordinance No. 2003–

16 (10/7/03), City of Indian Wells 

Ordinance No. 545 (11/6/03), City of 

Indio Ordinance No. 1357 (12/3/03), 

City of La Quinta Ordinance No. 391 

(12/2/03), City of Palm Desert 

Ordinance No. 1056 (11/13/03), City of 

Palm Springs Ordinance No. 1639 (11/ 

5/03), City of Rancho Mirage 

Ordinances No. 855 (12/18/03) and No. 

863 (4/29/04), and County of Riverside 

Ordinance No. 742.1 (1/13/04). 

[FR Doc. 05–22463 Filed 11–10–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R05–OAR–2005–IN–0009; FRL–7995–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Indiana; Redesignation of 

Greene County and Jackson County 8- 

Hour Ozone Nonattainment Areas To 

Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is making determinations 

that the Greene County and Jackson 

County ozone nonattainment areas have 

attained the 8-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). These determinations are 

based on three years of complete, 

quality-assured ambient air quality 

monitoring data for the 2002–2004 

seasons that demonstrate that the 8-hour 

ozone NAAQS has been attained in the 

areas. 

EPA is approving requests from the 

State of Indiana to redesignate the 

Greene County and Jackson County 

areas to attainment of the 8-hour ozone 

NAAQS. These requests were submitted 

by the Indiana Department of 

Environmental Management (IDEM) on 

July 15, 2005 and supplemented on 

September 6, 2005, September 7, 2005, 

October 6, 2005, and October 20, 2005. 

In approving these requests, EPA is also 

approving the State’s plans for 

maintaining the 8-hour ozone NAAQS 

through 2015 in these areas as a revision 

to the Indiana State Implementation 

Plan (SIP). EPA is also finding adequate 

and approving the State’s 2015 Motor 

Vehicle Emission Budgets (MVEBs) for 

these areas. 

DATES: This rule is effective on 

December 29, 2005, unless EPA receives 

adverse written comments by December 

14, 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–0009, by one of the following 

methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/. RME, EPA’s 

electronic public docket and comments 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

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

4. Fax: (312) 886–5824. 

5. Mail: You may send written 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. 

6. Hand delivery: Deliver your 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

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

Federal holidays. 

Instructions: Direct your comments to 

RME ID No. R05–OAR–2005–IN–0009. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided and may 

be made available online at http:// 

docket.epa.gov/rmepub/, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

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

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at the Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone 

Kathleen D’Agostino, Environmental 

Engineer, at (312) 886–1767 before 

visiting the Region 5 office. This Facility 

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

Monday through Friday, excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’ Agostino, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

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

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. What Actions Is EPA Taking? 

69086 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

II. What Is the Background for These 

Actions? 

III. What Are the Criteria for Redesignation? 

IV. Why Is EPA Taking These Actions? 

V. What Is the Effect of These Actions? 

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

A. Attainment Determination and 

Redesignation 

B. Adequacy of Indiana’s Motor Vehicle 

Emission Budget 

VII. Final Actions 

VIII. Statutory and Executive Order Reviews 

I. What Actions Is EPA Taking? 

EPA is taking several related actions. 

EPA is making determinations that the 

Greene County and Jackson County, 

Indiana nonattainment areas have 

attained the 8-hour ozone standard and 

that Greene and Jackson Counties have 

met the requirements for redesignation 

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

approving requests to change the legal 

designations of the Greene County and 

Jackson County areas from 

nonattainment to attainment for the 8- 

hour ozone NAAQS. EPA is also 

approving Indiana’s maintenance plan 

SIP revisions for Greene and Jackson 

Counties (such approval being one of 

the CAA criteria for redesignation to 

attainment status). The maintenance 

plans are designed to keep Greene and 

Jackson Counties in attainment of the 

ozone NAAQS for the next 10 years. 

Additionally, EPA is announcing its 

action on the Adequacy Process for the 

newly-established 2015 MVEBs. The 

Adequacy comment periods for the 2015 

MVEBs began on August 2, 2005, with 

EPA’s posting of the availability of these 

submittals on EPA’s Adequacy Web site 

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

conform/adequacy.htm). The Adequacy 

comment periods for these MVEBs 

ended on September 1, 2005. No 

requests for these submittals or adverse 

comments on these submittals were 

received during the Adequacy comment 

periods. Please see the Adequacy 

Section of this rulemaking for further 

explanation on this process. Therefore, 

we are finding adequate and approving 

the State’s 2015 MVEBs for 

transportation conformity purposes. 

II. What Is the Background for These 

Actions? 

Ground-level ozone is not emitted 

directly by sources. Rather, emissions of 

nitrogen oxides (NOX) and volatile 

organic compounds (VOCs) react in the 

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

to as precursors of ozone. 

The CAA establishes a process for air 

quality management through the 

NAAQS. Greene and Jackson Counties 

were designated unclassifiable/ 

attainment under the 1-hour ozone 

NAAQS, which was revoked on June 15, 

2005. On July 18, 1997, EPA 

promulgated a revised 8-hour ozone 

standard of 0.08 parts per million 

(ppm). This new standard is more 

stringent than the previous 1-hour 

standard. 

On April 30, 2004 (69 FR 23857), EPA 

published a final rule designating and 

classifying areas under the 8-hour ozone 

NAAQS. These designations and 

classifications became effective June 15, 

2004. The CAA required EPA to 

designate as nonattainment any area 

that was violating the 8-hour ozone 

NAAQS based on the three most recent 

years (2001–2003) of air quality data. 

The CAA contains two sets of 

provisions—subpart 1 and subpart 2—

that address planning and control 

requirements for nonattainment areas. 

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

Subpart 1 (which EPA refers to as 

‘‘basic’’ nonattainment) contains 

general, less prescriptive, requirements 

for nonattainment areas for any 

pollutant—including ozone—governed 

by a NAAQS. Subpart 2 (which EPA 

refers to as ‘‘classified’’ nonattainment) 

provides more specific requirements for 

ozone nonattainment areas. Some ozone 

nonattainment areas are subject only to 

the provisions of subpart 1. Other ozone 

nonattainment areas are also subject to 

the provisions of subpart 2. Under 

EPA’s 8-hour ozone implementation 

rule, signed on April 15, 2004, (69 FR 

23951) an area was classified under 

subpart 2 based on its 8-hour ozone 

design value (i.e., the 3-year average 

annual fourth-highest daily maximum 8- 

hour average ozone concentration), if it 

had a 1-hour design value at or above 

0.121 ppm (the lowest 1-hour design 

value in Table 1 of subpart 2). All other 

areas are covered under subpart 1, based 

upon their 8-hour design values. Both 

Greene and Jackson Counties were 

designated as subpart 1, 8-hour ozone 

nonattainment areas by EPA on April 

30, 2004, (69 FR 23857) based on air 

quality monitoring data from 2001–

2003. 

Under EPA regulations at 40 CFR part 

50, the 8-hour ozone standard is 

attained when the 3-year average of the 

annual fourth-highest daily maximum 8- 

hour average ozone concentrations is 

less than or equal to 0.08 ppm (i.e., 

0.084 ppm) when rounding is 

considered. (See 69 FR 23857 (April 30, 

2004) for further information). The data 

completeness requirement is met when 

the average percent of days with valid 

ambient monitoring data is greater than 

90%, and no single year has less than 

75% data completeness as determined 

in Appendix I of part 50. 

On July 15, 2005, Indiana requested 

that EPA redesignate Greene and 

Jackson Counties to attainment for the 8- 

hour ozone standard. These requests 

were supplemented with submittals 

dated September 6, 2005, September 7, 

2005, October 6, 2005, and October 20, 

2005. The redesignation requests 

included three years of complete, 

quality-assured data for the period of 

2002 through 2004, indicating the 8- 

hour NAAQS for ozone had been 

attained for Greene and Jackson 

Counties. Under the CAA, 

nonattainment areas may be 

redesignated to attainment if sufficient 

complete, quality-assured data are 

available for the Administrator to 

determine that the area has attained the 

standard and the area meets the other 

four CAA redesignation requirements in 

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

III. What Are the Criteria for 

Redesignation? 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

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

providing that: (1) The Administrator 

determines that the area has attained the 

applicable NAAQS; (2) the 

Administrator has fully approved the 

applicable implementation plan for the 

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

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A; and (5) the state containing such 

area has met all requirements applicable 

to the area under section 110 and part 

D. 

EPA provided guidance on 

redesignation in the General Preamble 

for the Implementation of Title I of the 

CAA Amendments of 1990, on April 16, 

1992 (57 FR 13498), and supplemented 

this guidance on April 28, 1992 (57 FR 

18070). EPA has provided further 

guidance on processing redesignation 

requests in the following documents: 

‘‘Ozone and Carbon Monoxide Design 

Value Calculations’’, Memorandum from 

William G. Laxton, Director Technical 

Support Division, 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; 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69087 

‘‘Contingency Measures for Ozone and 

Carbon Monoxide (CO) Redesignations,’’

Memorandum from G.T. Helms, Chief, 

Ozone/Carbon Monoxide Programs Branch, 

June 1, 1992; 

‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’

Memorandum from John Calcagni, Director, 

Air Quality Management Division, September 

4, 1992; 

‘‘State Implementation Plan (SIP) Actions 

Submitted in Response to Clean Air Act 

(ACT) Deadlines,’’ Memorandum from John 

Calcagni, Director, Air Quality Management 

Division, October 28, 1992; 

‘‘Technical Support Documents (TSD’s) for 

Redesignation Ozone and Carbon Monoxide 

(CO) Nonattainment Areas,’’ Memorandum 

from G.T. Helms, Chief, Ozone/Carbon 

Monoxide Programs Branch, August 17, 

1993; 

‘‘State Implementation Plan (SIP) 

Requirements for Areas Submitting Requests 

for Redesignation to Attainment of the Ozone 

and Carbon Monoxide (CO) National 

Ambient Air Quality Standards (NAAQS) On 

or After November 15, 1992,’’ Memorandum 

from Michael H. Shapiro, Acting Assistant 

Administrator for Air and Radiation, 

September 17, 1993; 

‘‘Use of Actual Emissions in Maintenance 

Demonstrations for Ozone and CO 

Nonattainment Areas,’’ Memorandum from 

D. Kent Berry, Acting Director, Air Quality 

Management Division, to Air Division 

Directors, Regions 1–10, dated November 30, 

1993. 

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

Requirements for Areas Requesting 

Redesignation to Attainment,’’ Memorandum 

from Mary D. Nichols, Assistant 

Administrator for Air and Radiation, October 

14, 1994; and 

‘‘Reasonable Further Progress, Attainment 

Demonstration, and Related Requirements for 

Ozone Nonattainment Areas Meeting the 

Ozone National Ambient Air Quality 

Standard,’’ Memorandum from John S. Seitz, 

Director, Office of Air Quality Planning and 

Standards, May 10, 1995. 

IV. Why Is EPA Taking These Actions? 

On July 15, 2005, Indiana requested 

redesignation of Greene County and 

Jackson County to attainment for the 8- 

hour ozone standard. Indiana 

supplemented these requests with 

submittals dated September 6, 2005, 

September 7, 2005, October 6, 2005, and 

October 20, 2005. EPA believes that the 

areas have attained the standard and 

have met the requirements for 

redesignation set forth in section 

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

V. What Is the Effect of These Actions? 

Approval of the redesignation 

requests would change the official 

designation of the areas for the 8-hour 

ozone NAAQS found at 40 CFR part 81. 

It would also incorporate into the 

Indiana SIP plans for maintaining the 8- 

hour ozone NAAQS through 2015. The 

maintenance plans include contingency 

measures to remedy future violations of 

the 8-hour NAAQS, and establish 

MVEBs for the year 2015 of 1.46 and 

1.65 tons per day (tpd) VOC and 1.54 

and 3.18 tpd NOX for Greene and 

Jackson Counties, respectively. 

VI. What Is EPA’s Analysis of the 

Request? 

A. Attainment Determination and 

Redesignation 

EPA is making determinations that 

the Greene County and Jackson County 

nonattainment areas have attained the 8- 

hour ozone standard and that the areas 

have met all other applicable section 

107(d)(3)(E) redesignation criteria. The 

basis for EPA’s determinations is as 

follows: 

1. The Areas Have Attained the 8-Hour 

Ozone NAAQS (Section 107(d)(3)(E)(i)) 

EPA is making determinations that 

Greene and Jackson Counties have 

attained the 8-hour ozone NAAQS. For 

ozone, an area may be considered to be 

attaining the 8-hour ozone NAAQS if 

there are no violations, as determined in 

accordance with 40 CFR 50.10 and 

Appendix I, based on three complete, 

consecutive calendar years of qualityassured air quality monitoring data. To 

attain this standard, the 3-year average 

of the fourth-highest daily maximum 8- 

hour average ozone concentrations 

measured at each monitor within an 

area over each year must not exceed 

0.08 ppm. Based on the rounding 

convention described in 40 CFR Part 50, 

Appendix I, the standard is attained if 

the design value is 0.084 ppm or below. 

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

58, and recorded in Aerometric 

Information Retrieval System (AIRS). 

The monitors generally should have 

remained at the same location for the 

duration of the monitoring period 

required for demonstrating attainment. 

IDEM submitted ozone monitoring 

data for the 2002 to 2004 ozone seasons. 

The State quality assures monitoring 

data in accordance with 40 CFR 58.10 

and the Indiana Quality Assurance 

Manual and records the data in the 

AIRS database, thus making the data 

publicly available. IDEM operates one 

ozone monitor in Greene County (18–

055–0001) and one ozone monitor in 

Jackson County (18–071–0001). The 

data for 2002–2004 have been quality 

assured and are recorded in AIRS. For 

Greene County, data completeness was 

100% for 2002–2004. For Jackson 

County, data completeness averaged 

100%, 100% and 98% in 2002, 2003 

and 2004, respectively. The four highest 

8-hour average readings for the Greene 

County and Jackson County ozone 

monitoring sites for the years 2002 to 

2004 are presented in Tables 1 and 2 

below: 

TABLE 1.—MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AT THE GREENE COUNTY MONITOR FROM 2002–2004 

(PPM) 

Year 1st max 

8-hour (ppm) 

2nd max 

8-hour (ppm) 

3rd max 

8-hour (ppm) 

4th max 

8-hour (ppm) 

2002 ................................................................................................................. 0.097 0.095 0.095 0.093 

2003 ................................................................................................................. 0.097 0.092 0.092 0.088 

2004 ................................................................................................................. 0.076 0.075 0.075 0.073 

2002–2004 average of 4th max 8-hour averages (ppm) .................................................................................................................... 0.084 

TABLE 2.—MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AT THE JACKSON COUNTY MONITOR FROM 2002–2004 

(PPM) 

Year 1st max 

8-hour (ppm) 

2nd max 

8-hour (ppm) 

3rd max 

8-hour (ppm) 

4th max 

8-hour (ppm) 

2002 ................................................................................................................. 0.094 0.093 0.091 0.090 

2003 ................................................................................................................. 0.084 0.082 0.082 0.082 

69088 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

1On October 27, 1998 (63 FR 57356), EPA issued 

a NOX SIP call, requiring the District of Columbia 

and 22 states, including Indiana, to reduce their 

statewide emissions of NOX in order to reduce the 

transport of ozone and ozone. In compliance with 

EPA’s NOX SIP call, IDEM has developed rules 

governing the control of NOX emissions from 

Electric Generating Units (EGUs), major non-EGU 

industrial boilers, and major cement kilns. EPA 

approved Indiana’s rules as fulfilling Phase I of the 

NOX SIP Call on November 8, 2001 (66 FR 56465). 

On December 11, 2003 (68 FR 69025) EPA approved 

revisions to these rules. 

TABLE 2.—MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AT THE JACKSON COUNTY MONITOR FROM 2002–2004 

(PPM)—Continued 

Year 1st max 

8-hour (ppm) 

2nd max 

8-hour (ppm) 

3rd max 

8-hour (ppm) 

4th max 

8-hour (ppm) 

2004 ................................................................................................................. 0.076 0.070 0.069 0.067 

2002–2004 average of 4th max 8-hour averages (ppm) .................................................................................................................... 0.079 

It should be noted that preliminary 

2005 monitoring data for Greene and 

Jackson Counties show that the areas 

continue to attain the 8-hour ozone 

standard. 

In addition, as discussed below with 

respect to the maintenance plan, IDEM 

has committed to continue monitoring 

in these areas in accordance with 40 

CFR part 58. In summary, EPA believes 

that the data submitted by Indiana 

provide an adequate demonstration that 

Greene and Jackson Counties have 

attained the 8-hour ozone NAAQS. 

2. The Areas Have Met All Applicable 

Requirements Under Section 110 and 

Part D; and the Areas Have Fully 

Approved SIPs Under Section 110(k). 

(Sections 107(d)(3)(E)(v) and 

107(d)(3)(E)(ii)) 

We have determined that Indiana has 

met all currently applicable SIP 

requirements for purposes of 

redesignation for Greene and Jackson 

Counties 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), in accordance 

with section 107(d)(3)(E)(v). In addition, 

we have determined that the Indiana 

SIP is fully approved with respect to all 

applicable requirements for purposes of 

redesignation, in accordance with 

section 107(d)(3)(E)(ii). In making these 

determinations, we have ascertained 

what SIP requirements are applicable to 

the areas 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. As discussed more fully 

below, SIPs must be fully approved only 

with respect to currently applicable 

requirements of the CAA. 

a. Greene and Jackson Counties Have 

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 Michael Shapiro 

memorandum and 60 FR 12459, 12465–

66 (Mar. 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. General 

SIP elements and requirements are 

delineated in section 110(a)(2). These 

requirements include, but are not 

limited to, the following: Submittal of a 

SIP that has been adopted by the state 

after reasonable public notice and 

hearing; enforceable emission 

limitations and other control measures, 

means or techniques; provisions for 

establishment and operation of 

appropriate devices, methods, systems 

and procedures necessary to monitor 

ambient air quality; implementation of a 

source permit program; provisions for 

the implementation of part C, 

Prevention of Significant Deterioration 

(PSD) and part D, New Source Review 

(NSR) permit programs; criteria for 

stationary source emission control 

measures, monitoring, and reporting; 

provisions for air quality modeling; and 

provisions for public and local agency 

participation in planning and emission 

control rule development. 

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,1 Clean Air 

Interstate Rule (CAIR) (70 FR 25162)). 

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 designation of 

any one particular area in the state. 

We believe that these requirements 

should not be construed to be applicable 

requirements for purposes of 

redesignation. Further, we believe that 

the other section 110 elements 

described above that are not connected 

with nonattainment plan submissions 

and not linked with an area’s attainment 

status are also not applicable 

requirements for purposes of 

redesignation. A state remains subject to 

these requirements after an area is 

redesignated to attainment. We 

conclude that only the section 110 and 

part D requirements which are linked 

with a particular area’s designation and 

classification are the relevant measures 

in evaluating a redesignation request. 

This approach is consistent with EPA’s 

existing policy on applicability of 

conformity and oxygenated fuels 

requirements for redesignation 

purposes, as well as with section 184 

ozone transport requirements. See 

Reading, Pennsylvania, proposed and 

final rulemakings (61 FR 53174–53176, 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69089 

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

1997); Cleveland-Akron-Lorain, Ohio, 

final rulemaking (61 FR 20458, May 7, 

1996); and Tampa, Florida, final 

rulemaking (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 in 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 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 

Greene County or Jackson County 

redesignation request. Under part D, an 

area’s classification determines the 

requirements to which it will be subject. 

Subpart 1 of part D, found in sections 

172–176 of the CAA, sets forth the basic 

nonattainment requirements applicable 

to all nonattainment areas. Section 182 

of the CAA, found in subpart 2 of part 

D, establishes additional specific 

requirements depending on the area’s 

nonattainment classification. Greene 

and Jackson Counties were both 

classified as subpart 1 nonattainment 

areas, and therefore subpart 2 

requirements do not apply. 

Part D, Subpart 1 applicable SIP 

requirements. For purposes of 

evaluating these redesignation requests, 

the applicable part D, subpart 1 SIP 

requirements for Greene and Jackson 

Counties are contained in sections 

172(c)(1)–(9). A thorough discussion of 

the requirements contained in section 

172 can be found in the General 

Preamble for Implementation of Title I 

(57 FR 13498, April 16, 1992). 

No requirements applicable for 

purposes of redesignation under part D 

became due prior to submission of the 

redesignation requests, and, therefore, 

none is applicable to the area for 

purposes of redesignation. Since the 

State of Indiana has submitted complete 

ozone redesignation requests for Greene 

and Jackson Counties prior to the 

deadline for any submissions required 

for purposes of redesignation, we have 

determined that these requirements do 

not apply to the Greene County and 

Jackson County areas for purposes of 

redesignation. 

Furthermore, EPA has determined 

that areas being redesignated need not 

comply with the requirement that a NSR 

program be approved prior to 

redesignation, provided that the area 

demonstrates maintenance of the 

standard without part D NSR, since PSD 

requirements will apply after 

redesignation. A more detailed rationale 

for this view is described in a 

memorandum from Mary Nichols, 

Assistant Administrator for Air and 

Radiation, dated October 14, 1994, 

entitled, ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ Indiana 

has demonstrated that the areas will be 

able to maintain the standard without 

part D NSR in effect, and therefore, EPA 

concludes that the State need not have 

a fully approved part D NSR program 

prior to approval of the redesignation 

request. The State’s PSD program will 

become effective in Greene and Jackson 

Counties upon redesignation to 

attainment. See rulemakings for Detroit, 

Michigan (60 FR 12467–12468, March 7, 

1995); Cleveland-Akron-Lorain, Ohio 

(61 FR 20458, 20469–20470, May 7, 

1996); Louisville, Kentucky (66 FR 

53665, October 23, 2001); and Grand 

Rapids, Michigan (61 FR 31834–31837, 

June 21, 1996). 

Section 176 conformity requirements. 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that Federallysupported or funded activities, 

including highway projects, conform to 

the air quality 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 Federallysupported 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 approved Indiana’s general 

conformity SIP on January 14, 1998 (63 

FR 2146). Indiana does not have a 

Federally approved transportation 

conformity SIP. However, conformity 

analyses are performed pursuant to 

EPA’s Federal conformity rules. Indiana 

has submitted on-highway motor 

vehicle budgets for Greene and Jackson 

Counties of 1.46 and 1.65 tpd of VOC 

and 1.54 and 3.18 tpd of NOX, 

respectively, based on the areas’ 2015 

level of emissions. Greene and Jackson 

Counties must use the motor vehicle 

emissions budgets from the 

maintenance plan in any conformity 

determination that is effective on or 

after the effective date of the 

maintenance plan approval. 

EPA believes that it is reasonable to 

interpret the conformity SIP 

requirements as not applying for 

purposes of evaluating the redesignation 

request under section 107(d) for two 

reasons. First, the requirement to submit 

SIP revisions to comply with the 

conformity provisions of the CAA 

continues to apply to areas after 

redesignation to attainment since such 

areas would be subject to a section 175A 

maintenance plan. Second, EPA’s 

Federal conformity rules require the 

performance of conformity analyses in 

the absence of Federally-approved state 

rules. Therefore, because areas are 

subject to the conformity requirements 

regardless of whether they are 

redesignated to attainment and must 

implement conformity under Federal 

rules if state rules are not yet approved, 

EPA believes it is reasonable to view 

these requirements as not applying for 

purposes of evaluating a redesignation 

request. See Wall v. EPA, 265 F.3d 426 

(6th Cir. 2001), upholding this 

interpretation. See also 60 FR 62748 

(Dec. 7, 1995) (Tampa, Florida). Thus, 

the areas have satisfied all applicable 

requirements under section 110 and part 

D of the CAA. 

b. Greene and Jackson Counties Have a 

Fully Approved Applicable SIP Under 

Section 110(k) of the CAA 

EPA has fully approved the Indiana 

SIP for Greene and Jackson Counties 

under section 110(k) of the CAA for all 

requirements applicable for purposes of 

redesignation. EPA may rely on prior 

SIP approvals in approving a 

redesignation request (See the 

September 4, 1992 John Calcagni 

memorandum, page 3, Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–990 (6th 

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

(6th Cir. 2001)) plus any additional 

measures it may approve in conjunction 

with a redesignation action. See 68 FR 

25426 (May 12, 2003). Since the passage 

of the CAA of 1970, Indiana has adopted 

and submitted, and EPA has fully 

approved, provisions addressing the 

various required SIP elements 

applicable to Greene and Jackson 

Counties under the 1-hour ozone 

standard. No Greene or Jackson County 

area SIP provisions are currently 

69090 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

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 Improvement in Air Quality Is 

Due to Permanent and Enforceable 

Reductions in Emissions Resulting From 

Implementation of the SIP and 

Applicable Federal Air Pollution 

Control Regulations and Other 

Permanent and Enforceable Reductions. 

(Section 107(d)(3)(E)(iii)) 

EPA believes that Indiana has 

demonstrated that the observed air 

quality improvement in Greene and 

Jackson Counties is due to permanent 

and enforceable reductions in emissions 

resulting from implementation of the 

SIP, Federal measures, and other Stateadopted measures. 

In making this demonstration, the 

State has calculated the change in 

emissions between 1999 and 2002, one 

of the years Greene and Jackson 

Counties monitored attainment. The 

reduction in emissions and the 

corresponding improvement in air 

quality over this time period can be 

attributed to a number of regulatory 

control measures that Indiana has 

implemented in recent years. Greene 

and Jackson Counties are both rural and 

their air quality is significantly 

impacted by the transport of ozone from 

upwind counties. Therefore, local 

controls as well as controls 

implemented in upwind counties are 

relevant to the improvement in air 

quality in both Greene and Jackson 

Counties. 

a. Permanent and enforceable controls 

implemented. 

The following is a discussion of 

permanent and enforceable measures 

that have been implemented in the 

areas: 

Reasonably Available Control 

Technology (RACT). Greene and Jackson 

Counties were not previously required 

to be covered by RACT regulations for 

existing sources under the CAA. 

However, Indiana has implemented 

statewide RACT controls through the 

following regulations: 

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; and 

326 IAC 8–5 Miscellaneous Operations 

NOX rules. In compliance with EPA’s 

NOX SIP call, Indiana developed rules 

to control NOX emissions from Electric 

Generating Units (EGUs), major nonEGU industrial boilers, and major 

cement kilns. These rules required 

sources to begin reducing NOX

emissions in 2004, with emission 

reductions increasing to 31 percent 

statewide by 2007. It should be noted 

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. It should be noted that NOX

emissions are expected to further 

decline as the State meets the 

requirements of EPA’s Phase II NOX SIP 

call (69 FR 21604). 

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. 

Federal emission control measures have 

included: the National Low Emission 

Vehicle (NLEV) program, Tier 2 

emission standards for vehicles, 

gasoline sulfur limits, and heavy-duty 

diesel engine standards. In addition, in 

2004, EPA issued the Clean Air Nonroad Diesel Rule (69 FR 38958). This 

rule will reduce off-road diesel 

emissions through 2010, with emission 

reductions starting in 2008. 

b. Emission Reductions 

Indiana is using 1999 for the 

nonattainment inventory. Emissions 

estimates were taken directly from the 

National Emissions Inventory (NEI), 

with the following exceptions. Point 

source emissions information was 

compiled from IDEM’s 1999 annual 

emissions statement database. Onroad 

emissions for Jackson county were 

calculated using MOBILE 6.2. 

For comparison, IDEM developed an 

inventory for 2002, one of the years the 

area monitored attainment of the 8-hour 

NAAQS. The point source sector 

information was compiled from IDEM’s 

2002 annual emissions statement 

database and the 2002 EPA Air Markets 

acid rain database. The area source 

sector information was taken from the 

Indiana 2002 periodic inventory 

submitted to EPA. These projections 

were made from the U.S. Department of 

Commerce Bureau of Economic 

Analysis growth factors with some 

updated local information. The nonroad 

sector emission estimates were 

developed using NONROAD with the 

following modifications. Emissions 

were estimated for two nonroad 

categories not included in NONROAD, 

commercial marine vessels and 

railroads. Recreational motorboat 

population and spatial surrogates (used 

to assign emissions to each county) were 

updated. The populations for the 

construction equipment category were 

reviewed and updated based upon 

surveys completed in the Midwest and 

the temporal allocation for agricultural 

sources was also updated. The onroad 

sector emissions were calculated using 

MOBILE 6.2. 

Based on the inventories described 

above, Indiana’s submittal documents 

changes in VOC and NOX emissions 

from 1999 to 2002 for Greene and 

Jackson Counties. IDEM also 

documented this information for 

upwind areas in Southwest (Daviess, 

Dubois, Gibson, Knox, Martin, Pike, 

Vanderburgh and Warrick Counties) and 

South central (Clark, Floyd, Harrison, 

Jefferson and Scott Counties) Indiana. 

(We will refer to these areas, 

collectively, as Southern Indiana.) 

Emissions data are shown in Tables 3 

through 7 below. 

TABLE 3.—TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 1999 IN TONS PER SUMMER DAY (TPSD) 

Greene Jackson Southern Indiana 

VOC NOX VOC NOX VOC NOX

Point ......................................................... 1.42 0.25 1.64 0.48 30.87 449.88 

Area .......................................................... 4.80 0.32 8.74 1.05 96.03 11.42 

Nonroad ................................................... 0.78 2.15 0.95 3.23 17.78 51.2 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69091 

TABLE 3.—TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 1999 IN TONS PER SUMMER DAY (TPSD)—

Continued 

Greene Jackson Southern Indiana 

VOC NOX VOC NOX VOC NOX

Onroad ..................................................... 2.44 3.83 4.02 10.30 48.72 73.09 

Total .................................................. 9.44 6.55 15.35 15.06 193.40 585.59 

TABLE 4.—TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 2002 IN TONS PER SUMMER DAY (TPSD) 

Greene Jackson Southern Indiana 

VOC NOX VOC NOX VOC NOX

Point ......................................................... 0.51 0.68 1.72 0.62 28.07 385.62 

Area .......................................................... 3.73 0.25 5.91 0.72 69.95 9.11 

Nonroad ................................................... 1.43 1.61 1.11 2.93 20.42 26.13 

Onroad ..................................................... 2.74 3.41 3.33 8.30 43.23 72.58 

Total .................................................. 8.41 5.95 12.07 12.57 161.67 493.44 

TABLE 5.—COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS FOR GREENE COUNTY (TPSD) 

Sector 

VOC NOX

1999 2002 Net change 

(1999–2002) 1999 2002 Net change (1999–2002) 

Point ......................................................... 1.42 0.51 ¥0.91 0.25 0.68 0.43 

Area .......................................................... 4.80 3.73 ¥1.07 0.32 0.25 ¥0.07 

Nonroad ................................................... 0.78 1.43 0.65 2.15 1.61 ¥0.54 

Onroad ..................................................... 2.44 2.74 0.30 3.83 3.41 ¥0.42 

Total .................................................. 9.44 8.41 ¥1.03 6.55 5.95 ¥0.60 

TABLE 6.—COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS FOR JACKSON COUNTY (TPSD) 

Sector 

VOC NOX

1999 2002 Net change 

(1999–2002) 1999 2002 Net change (1999–2002) 

Point ......................................................... 1.64 1.72 0.08 0.48 0.62 0.14 

Area .......................................................... 8.74 5.91 ¥2.83 1.05 0.72 ¥0.33 

Nonroad ................................................... 0.95 1.11 0.16 3.23 2.93 ¥0.30 

Onroad ..................................................... 4.02 3.33 ¥0.69 10.30 8.30 ¥2.00 

Total .................................................. 15.35 12.07 ¥3.28 15.06 12.57 ¥2.49 

TABLE 7.—COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS FOR SOUTHWEST INDIANA (TPSD) 

Sector 

VOC NOX

1999 2002 Net change 

(1999–2002) 1999 2002 Net change (1999–2002) 

Point ......................................................... 20.79 19.91 ¥0.88 324.31 274.99 ¥49.32 

Area .......................................................... 56.92 41.70 ¥15.22 7.03 5.55 ¥1.48 

Nonroad ................................................... 12.18 13.45 1.27 33.16 17.28 ¥15.88 

Onroad ..................................................... 28.93 23.97 ¥4.96 41.21 35.18 ¥6.03 

Total .................................................. 118.82 99.03 ¥19.79 405.71 333.00 ¥72.71 

Table 5 shows that Greene County 

reduced VOC emissions by 1.03 tpd and 

NOX emissions by 0.60 tpd between 

1999 and 2002. Table 6 shows that 

Jackson County reduced VOC emissions 

by 3.28 tpd and NOX emissions by 2.49 

tpd between 1999 and 2002. Table 7 

shows that the upwind area in Southern 

Indiana reduced VOC emissions by 

19.79 tpd and NOX emissions by 72.71 

tpd between 1999 and 2002. 

Based on the information summarized 

above, Indiana has adequately 

demonstrated that the improvement in 

69092 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

air quality is due to permanent and 

enforceable emissions reductions. 

4. The Area Has a Fully Approved 

Maintenance Plan Pursuant to Section 

175a of the CAA. (Section 

107(d)(3)(E)(iv)) 

In conjunction with its requests to 

redesignate the Greene County and 

Jackson County nonattainment areas to 

attainment status, Indiana submitted SIP 

revisions to provide for the maintenance 

of the 8-hour ozone NAAQS in Greene 

and Jackson Counties for at least 10 

years after redesignation. 

a. What Is Required in a Maintenance 

Plan? 

Section 175A of the CAA sets forth 

the required elements of a maintenance 

plan for areas seeking redesignation 

from nonattainment to attainment. 

Under section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least ten 

years after the Administrator approves a 

redesignation to attainment. Eight years 

after the redesignation, the State must 

submit a revised maintenance plan 

which demonstrates that attainment will 

continue to be maintained for ten years 

following the initial ten-year 

maintenance period. To address the 

possibility of future NAAQS violations, 

the maintenance plan must contain 

contingency measures with a schedule 

for implementation as EPA deems 

necessary to assure prompt correction of 

any future 8-hour ozone violations. 

The September 4, 1992 John Calcagni 

memorandum provides additional 

guidance on the content of a 

maintenance plan. An ozone 

maintenance plan should address the 

following items: the attainment VOC 

and NOX emissions inventories, a 

maintenance demonstration showing 

maintenance for the ten years of the 

maintenance period, a commitment to 

maintain the existing monitoring 

network, factors and procedures to be 

used for verification of continued 

attainment of the NAAQS, and a 

contingency plan to prevent or correct 

future violations of the NAAQS. 

b. Attainment Inventory 

The State developed an inventory for 

2002, one of the years the area 

monitored attainment of the 8-hour 

NAAQS. Inventory methodology is 

described in section 3 above. The 

attainment level of emissions are 

summarized in Table 8 below. 

TABLE 8.—VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2002 (TPSD) 

Greene County Jackson County Southern Indiana 

VOC NOX VOC NOX VOC NOX

Point ......................................................... 0.51 0.68 1.72 0.62 19.91 274.99 

Area .......................................................... 3.73 0.25 5.91 0.72 41.70 5.55 

Nonroad ................................................... 1.43 1.61 1.11 2.93 13.45 17.28 

Onroad ..................................................... 2.74 3.41 3.33 8.30 23.97 35.18 

Total .................................................. 8.41 5.95 12.07 12.57 99.03 333.00 

c. Demonstration of Maintenance 

As part of the redesignation requests, 

IDEM submitted revisions to the 8-hour 

ozone SIPs to include 10-year 

maintenance plans as required by 

section 175A of the Clean Air Act. For 

Greene County, this demonstration 

shows maintenance of the 8-hour ozone 

standard by assuring that current and 

future emissions of VOC and NOX

remain at or below attainment year 

emission levels. For Jackson County this 

demonstration consists of a combination 

of emissions projections and modeling. 

A maintenance demonstration need not 

be based on modeling. See Wall v. EPA, 

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

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

See also 66 FR 53094, 53099–53100 

(October 19, 2001), 68 FR 25430–25432 

(May 12, 2003). 

Using the 2002 attainment inventory 

as the base year, IDEM developed 

projected emissions inventories for 2010 

and 2015. Onroad mobile source 

emissions were projected using Mobile 

6.2 in accordance with ‘‘Procedures for 

Preparing Emissions Projections,’’ EPA–

45/4–91–019. Emissions for the point, 

area and nonroad sectors were projected 

using growth and control files 

developed by the Midwest Regional 

Planning Organization. This method 

was used to ensure that the inventories 

used for redesignation are consistent 

with modeling performed in the future. 

These emission estimates are presented 

in Tables 9–11 below. 

TABLE 9.—COMPARISON OF 2002–2015 VOC AND NOX EMISSIONS FOR GREENE COUNTY (TPSD) 

Sector 

VOC NOX

2002 2010 2015 

Net 

change 

2002–2015 

2002 2010 2015 

Net 

change 

2002–2015 

Point ................................................. 0.51 0.59 0.64 0.13 0.68 0.46 0.47 ¥0.21 

Area .................................................. 3.73 4.33 4.74 1.01 0.25 0.27 0.27 0.02 

Nonroad ........................................... 1.43 1.14 0.94 ¥0.49 1.61 1.37 1.22 ¥0.39 

Onroad ............................................. 2.74 1.81 1.33 ¥1.41 3.41 2.09 1.40 ¥2.01 

Total .......................................... 8.41 7.87 7.65 ¥0.76 5.95 4.19 3.36 ¥2.59 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69093 

2Relative Reduction Factors are fractional 

changes in peak ozone concentrations projected to 

occur as the result of assumed changes in precursor 

emissions resulting from the implementation of 

emission control strategies. Relative Reduction 

Factors are derived through ozone modeling and are 

applied to monitored peak ozone concentrations to 

project post-control peak ozone levels. 

TABLE 10.—COMPARISON OF TOTAL 2002–2015 VOC AND NOX EMISSIONS FOR JACKSON COUNTY (TPSD) 

Sector 

VOC NOX

2002 2010 2015 

Net 

change 

2002–2015 

2002 2010 2015 

Net 

change 

2002–2015 

Point ................................................. 1.72 2.31 2.70 0.98 0.62 1.20 1.58 0.96 

Area .................................................. 5.91 6.91 7.64 1.73 0.72 0.77 0.80 0.08 

Nonroad ........................................... 1.11 0.71 0.62 ¥0.49 2.93 2.27 1.91 ¥1.02 

Onroad ............................................. 3.33 2.23 1.65 ¥1.68 8.30 5.10 3.03 ¥5.27 

Total .......................................... 12.07 12.16 12.61 0.54 12.57 9.34 7.32 ¥5.25 

TABLE 11.—COMPARISON OF 2002–2015 VOC AND NOX EMISSIONS FOR SOUTHERN INDIANA (TPSD) 

Sector 

VOC NOX

2002 2010 2015 

Net 

change 

2002–2015 

2002 2010 2015 

Net 

change 

2002–2015 

Point ................................................. 19.91 24.21 29.08 9.17 274.99 108.22 109.60 ¥165.39 

Area .................................................. 41.70 48.73 53.72 12.02 5.55 5.96 6.12 0.57 

Nonroad ........................................... 13.45 9.54 8.16 ¥5.29 17.28 13.69 10.89 ¥6.39 

Onroad ............................................. 23.97 14.20 10.13 ¥13.84 35.18 20.15 11.91 ¥23.27 

Total .......................................... 99.03 96.68 101.09 2.06 333.00 148.02 138.52 ¥194.48 

The emission projections show that in 

Greene County emissions are not 

expected to exceed the level of the 2002 

attainment year inventory during the 10- 

year maintenance period. Greene 

County VOC and NOX emissions are 

projected to decrease by 0.76 tpd and 

2.59 tpd, respectively. In Jackson 

County, NOX emissions are projected to 

decrease by 5.25 tpd. Although VOC 

emissions are projected to increase by 

0.54 tpd, total ozone precursors should 

decrease by 4.71 tpd. In addition, 

emissions in the upwind area of 

Southern Indiana are projected to 

decrease by 194.48 tpd for NOX and 

increase by 2.06 tpd for VOC, a 192.42 

tpd decrease in total ozone precursors. 

Although VOC emissions are 

projected to increase slightly over the 

maintenance period in Jackson County 

and in Southern Indiana, the dramatic 

reduction in NOX emissions over the 

same time period has been 

demonstrated, through modeling, to be 

more than sufficient to maintain the 

standard. IDEM notes that available 

modeling data demonstrate that Jackson 

and Greene Counties are significantly 

impacted by ozone and ozone precursor 

transport and that NOX emission 

reductions are significantly beneficial 

for reducing 8-hour ozone 

concentrations in both counties. IDEM 

draws the following conclusions from 

the various ozone modeling analyses 

that have addressed the Midwest: 

EPA modeling analysis for the Heavy 

Duty Engine rule. EPA conducted 

modeling for Tier II vehicle and lowsulfur fuels to support the final 

rulemaking for the Heavy Duty Engine 

(HDE) and Vehicle Standards and 

Highway Diesel Fuel Rule. This 

modeling, in part, addressed ozone 

levels in Indiana, including Greene and 

Jackson Counties. A base year of 1996 

was modeled, and the impacts of fuel 

changes and the NOX SIP call were 

addressed for high ozone episodes in 

1995. The modeling supports the 

conclusion that the fuel improvements 

and the NOX SIP call result in 

significant ozone improvements (lower 

projected ozone concentrations) in 

Jackson and Greene Counties. Using the 

modeling results to determine Relative 

Reduction Factors(RRFs) 2 and 

considering the 2001–2003 ozone design 

values for Greene and Jackson Counties 

(89 ppb and 85 ppb, respectively), IDEM 

projected the 2007 ozone design values 

for Greene and Jackson Counties to be 

81.4 ppb and 78.6 ppb, respectively. 

Therefore, the NOX SIP call and the fuel 

modifications considered in the ozone 

modeling were found to significantly 

improve the ozone levels in Greene and 

Jackson Counties. 

Lake Michigan Air Directors 

Consortium (LADCO) modeling analysis 

for the 8-hour ozone standard 

assessment. LADCO has performed 

ozone modeling to evaluate the effect of 

the NOX SIP call and Tier II/Low Sulfur 

Fuel Rule on 2007 ozone levels in the 

Lake Michigan area, which includes 

Greene and Jackson Counties as well as 

Southern Indiana. Like the EPA 

modeling discussed above, this 

modeling indicates that the 2001–2003 

ozone design values for the Greene and 

Jackson County monitoring sites would 

be reduced to below-standard levels in 

2007 as the result of implementing the 

NOX SIP call and the Tier II/Low Sulfur 

Fuel Rule. 

EPA modeling analysis for the Clean 

Air Interstate Rules (CAIR). EPA 

conducted modeling in support of the 

CAIR rulemaking. The modeling was 

based on 1999–2003 design values. 

Future year modeling was conducted for 

Greene and Jackson Counties and future 

year design values for 2010 and 2015 

were evaluated for attainment of the 8- 

hour ozone NAAQS. Results of the CAIR 

modeling show that Greene and Jackson 

Counties will continue to attain the 8- 

hour ozone NAAQS in 2010. With 

additional CAIR reductions in 2015, 

design values continue to decrease. 

As part of its maintenance plan, the 

State elected to include a ‘‘safety 

margin’’ for the areas. 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 

which continues to demonstrate 

attainment of the standard. The 

attainment level of emissions is the 

69094 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

level of emissions during one of the 

years in which the area met the NAAQS. 

For example, Greene and Jackson 

Counties attained the 8-hour ozone 

NAAQS during the 2002–2004 time 

period. Indiana uses 2002 as the 

attainment level of emissions for the 

areas. The emissions from point, area, 

nonroad, and mobile sources in 2002 

equaled 8.41 tpd of VOC for Greene 

County. Projected VOC emissions out to 

the year 2015 equaled 7.65 tpd of VOC. 

The SIP demonstrates that Greene 

County will continue to maintain the 

standard with emissions at this level. 

The safety margin for VOC is calculated 

to be the difference between these 

amounts or, in this case, 0.76 tpd of 

VOC for 2015. By this same method, 

2.59 tpd (i.e., 5.95 tpd less 3.36 tpd) is 

the safety margin for NOX for 2015. For 

Jackson County, 5.25 tpd (i.e., 12.57 tpd 

less 7.37 tpd) is the safety margin for 

NOX for 2015. States are not required to 

establish safety margins, and Indiana 

did not include one for 2015 VOC 

emissions for Jackson County. The 

emissions are projected to maintain the 

area’s air quality consistent with the 

NAAQS. The safety margin, or a portion 

thereof, can be allocated to any of the 

source categories, as long as the total 

attainment level of emissions is 

maintained. 

d. Monitoring Network 

Indiana currently operates one ozone 

monitor in Greene County and one 

monitor in Jackson County. IDEM has 

committed to continue operating and 

maintaining an approved ozone monitor 

network in accordance with 40 CFR part 

58. 

e. Verification of Continued Attainment 

Continued attainment of the ozone 

NAAQS in Greene and Jackson Counties 

depends, in part, on the State’s efforts 

toward tracking indicators of continued 

attainment during the maintenance 

period. The State’s plan for verifying 

continued attainment of the 8-hour 

standard in Greene and Jackson 

Counties 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 

Greene and Jackson Counties 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 contingency 

plans for Greene and Jackson Counties 

to address a possible future ozone air 

quality problem. The contingency plans 

adopted by Indiana have two levels of 

responses, depending on whether a 

violation of the 8-hour ozone standard 

is only threatened (Warning Level) or 

has occurred or is imminent (Action 

Level). 

A Warning Level response will occur 

when an annual (1-year) fourth-high 

monitored daily peak 8-hour ozone 

concentration of 88 ppb or higher is 

monitored in a single ozone season at 

any monitor within the ozone 

maintenance area. A Warning Level 

response will consist of Indiana 

performing a study to determine 

whether the high ozone concentration 

indicates a trend toward high ozone 

levels or whether emissions are 

increasing. If a trend toward higher 

ozone concentrations exists and is likely 

to continue, the emissions control 

measures necessary to reverse the trend 

will be determined taking into 

consideration ease and timing of 

implementation, as well as economic 

and social considerations. The study, 

including applicable recommended next 

steps, will be completed within 12 

months from the close of the ozone 

season with the recorded high ozone 

concentration. If emission controls are 

needed to reverse the adverse ozone 

trend, the procedures for emission 

control selection under the Action Level 

response will be followed. 

An Action Level response will occur 

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

concentration of 85 ppb occurs at any 

monitor in the ozone maintenance area. 

A violation of the standard (a 3-year 

average of the annual fourth-highest 

daily maximum 8-hour average ozone 

concentration of 85 ppb or greater) also 

triggers an Action Level response. In 

this situation, IDEM will determine the 

additional emission control measures 

needed to assure future attainment of 

the 8-hour ozone NAAQS. IDEM will 

focus on emission control measures that 

can be implemented in a short time, and 

selected emission control measures will 

be adopted and implemented within 18 

months from the close of the ozone 

season with ozone monitoring data that 

prompted the Action Level Response. 

Adoption of any additional emission 

control measures will be subject to the 

necessary administrative and legal 

procedures, including publication of 

notices and the opportunity for public 

comment and response. If a new 

emission control measure is adopted by 

the State (independent of the ozone 

contingency needs) or is adopted at a 

Federal level and is scheduled for 

implementation in a time frame that 

will mitigate an ozone air quality 

problem, IDEM will determine whether 

this emission control measure is 

sufficient to address the ozone air 

quality problem. If IDEM determines 

that existing or soon-to-be-implemented 

emissions control measures should be 

adequate to correct the ozone standard 

violation problem, IDEM may determine 

that additional emission control 

measures at the State level may be 

unnecessary. Regardless, IDEM will 

submit to the EPA an analysis to 

demonstrate that proposed emission 

control measures are adequate to 

provide for future attainment of the 8- 

hour ozone NAAQS in a timely manner. 

EPA notes that it is construing this 

provision to require that any nonFederal control measure relied upon in 

lieu of a contingency measure be 

included in the State SIP or be 

submitted to EPA for approval into 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; 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69095 

ii. Broader geographic applicability of 

existing emission control measures; 

iii. Tightened RACT requirements on 

existing sources covered by EPA Control 

Technique Guidelines (CTGs) issued in 

response to the 1990 CAA amendments; 

iv. Application of RACT to smaller 

existing sources; 

v. Vehicle Inspection and 

Maintenance (I/M); 

vi. One or more Transportation 

Control Measure (TCM) sufficient to 

achieve at least a 0.5 percent reduction 

in actual area wide VOC emissions, to 

be selected from the following: 

A. Trip reduction programs, 

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

area wide rideshare programs, work 

schedule changes, and telecommuting; 

B. Transit improvements; 

C. Traffic flow improvements; and 

D. Other new or innovative 

transportation measures not yet in 

widespread use that affect State and 

local governments as deemed 

appropriate; 

vii. Alternative fuel and diesel retrofit 

programs for fleet vehicle operations; 

viii. Controls on consumer products 

consistent with those adopted elsewhere 

in the United States; 

ix. VOC or NOX emission offsets for 

new or modified major sources; 

x. VOC or NOX emission offsets for 

new or modified minor sources; 

xi. Increased ratio of emission offset 

required for new sources; and, 

xii. VOC or NOX emission controls on 

new minor sources (with VOC or NOX

emissions less than 100 tons per year). 

g. Provisions for Future Updates of the 

Ozone Maintenance Plan 

As required by section 175A(b) of the 

CAA, Indiana commits to submit to the 

EPA updates of the ozone maintenance 

plans eight years after redesignation of 

Greene and Jackson Counties to cover an 

additional 10-year period beyond the 

initial 10-year maintenance period. 

EPA has concluded that the 

maintenance plans adequately address 

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 revisions submitted by Indiana 

for Greene and Jackson Counties meet 

the requirements of section 175A of the 

CAA. 

B. Adequacy of Indiana’s Motor Vehicle 

Emissions Budgets (MVEBs) 

1. How Are MVEBs Developed and 

What Are the MVEBs for Greene and 

Jackson Counties? 

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 onroad 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) EPA’s finding 

of adequacy. The process of determining 

the adequacy of submitted SIP MVEBs 

was initially outlined in EPA’s May 14, 

1999 guidance, ‘‘Conformity Guidance 

on Implementation of March 2, 1999, 

Conformity Court Decision.’’ This 

guidance was finalized in the 

Transportation Conformity Rule 

Amendments for the ‘‘New 8-Hour 

Ozone and PM2.5 National Ambient Air 

Quality Standards and Miscellaneous 

Revisions for Existing Areas; 

Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change,’’

published on July 1, 2004 (69 FR 

40004). EPA follows this guidance and 

rulemaking in making its adequacy 

determinations. 

Greene and Jackson Counties’ 10-year 

maintenance plan submissions contain 

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 Greene and Jackson 

Counties closed on September 1, 2005. 

No requests for this submittal or adverse 

comments on this submittal were 

received during the Adequacy comment 

period. On October 20, 2005 (70 FR 

31128), EPA published notices of 

adequacy to notify the public that we 

had found the 2015 MVEBs to be 

adequate for use in transportation 

conformity analyses. 

EPA, through this rulemaking, is 

approving the MVEBs for use to 

determine transportation conformity in 

Greene and Jackson Counties because 

EPA has determined that the areas 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 Greene 

County to be 1.46 tpd for VOC and 1.54 

tpd for NOX. It should be noted that 

these MVEBs exceed the onroad mobile 

source VOC and NOX emissions 

projected by IDEM for 2015, as 

69096 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

summarized in Table 9 above (‘‘onroad’’

source sector). IDEM decided to include 

safety margins (described further below) 

of 0.13 tpd of VOC and 0.14 tpd for NOX

in the MVEBs to provide for mobile 

source growth. Indiana has 

demonstrated that Greene County can 

maintain the 8-hour ozone NAAQS with 

mobile source emissions of 1.46 tpd of 

VOC and 1.54 tpd of NOX in 2015, 

including the allocated safety margins, 

since emissions will still remain under 

attainment year emission levels. 

IDEM has determined the 2015 

MVEBs for Jackson County to be 1.65 

tpd for VOC and 3.18 tpd for NOX. It 

should be noted that the MVEB exceeds 

the onroad mobile source NOX

emissions projected by IDEM for 2015, 

as summarized in Table 10 above 

(‘‘onroad’’ source sector). IDEM decided 

to include a safety margin of 0.15 tpd for 

NOX in the MVEB to provide for mobile 

source growth. Indiana has 

demonstrated that Jackson County can 

maintain the 8-hour ozone NAAQS with 

mobile source emissions of 3.18 tpd of 

NOX in 2015, including the allocated 

safety margin, since NOX emissions will 

still remain under attainment year 

emission levels. 

2. 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 9, Greene County VOC 

and NOX emissions are projected to 

have safety margins of 0.76 tpd for VOC 

and 2.59 tpd for NOX in 2015 (the 

difference between the attainment year, 

2002, emissions and the 2015 emissions 

for all sources in Greene County). As 

noted in Table 10, Jackson County NOX

emissions are projected to have a safety 

margin of 5.25 tpd. 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 Greene and Jackson 

Counties. The State is not requesting 

allocation of the entire available safety 

margins reflected in the demonstration 

of maintenance. Therefore, even though 

the State is requesting MVEBs that 

exceed the onroad mobile source 

emissions for 2015 contained in the 

demonstration of maintenance, the 

increase in onroad 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. 

VII. Final Actions 

EPA is making determinations that 

Greene and Jackson Counties have 

attained the 8-hour ozone NAAQS, and 

EPA is approving the redesignations of 

Greene and Jackson Counties from 

nonattainment to attainment for the 8- 

hour ozone NAAQS. After evaluating 

Indiana’s redesignation requests, EPA 

has determined that they meet the 

redesignation criteria set forth in section 

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

approvals of these redesignation 

requests would change the official 

designations for Greene and Jackson 

Counties from nonattainment to 

attainment for the 8-hour ozone 

standard. 

EPA is also approving the 

maintenance plan SIP revisions for 

Greene and Jackson Counties. Approval 

of the maintenance plans is based on 

Indiana’s demonstration that the plans 

meet 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 

requests. 

We are publishing these actions 

without prior proposal because we view 

these actions as noncontroversial 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 

redesignations and maintenance plans if 

relevant adverse written comments are 

filed. These rules will be effective 

December 29, 2005 without further 

notice unless we receive relevant 

adverse written comments by December 

14, 2005. If we receive such comments 

with respect to an area addressed by this 

rule, we will publish a timely 

withdrawal of the action affecting that 

area, informing the public that the rule 

will not take effect with respect to that 

area. EPA will respond to the public 

comments in a subsequent final rule 

based on the proposed action for that 

area. 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 December 29, 2005. 

VIII. 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). 

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 

(65 FR 67249, November 9, 2000). 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69097 

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 but 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.). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: November 1, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

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

the Code of Federal Regulations, are 

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 (bb) to read as 

follows: 

§ 52.777 Control strategy: Photochemical 

oxidants (hydrocarbons). 

* * * * * 

(bb) Approval—On July 15, 2005, 

Indiana submitted requests to 

redesignate Greene and Jackson 

Counties to attainment of the 8-hour 

ozone National Ambient Air Quality 

Standard. These requests were 

supplemented with submittals dated 

September 6, 2005, September 7, 2005, 

October 6, 2005, and October 20, 2005. 

As part of the redesignation requests, 

the State submitted maintenance plans 

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 Greene and 

Jackson Counties. The 2015 motor 

vehicle emission budgets for Greene 

County are 1.46 tpd for VOC and 1.54 

tpd for NOX. The 2015 motor vehicle 

emission budgets for Jackson County are 

1.65 tpd for VOC and 3.18 tpd 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 entries for the Greene Co., 

IN and Jackson Co., IN areas in the table 

entitled ‘‘Indiana Ozone (8-Hour 

Standard)’’ to read as follows: 

§ 81.315 Indiana. 

* * * * * 

INDIANA OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/Classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Greene Co., IN: 

Greene County ................................................................. 12/29/05 Attainment.

* * * * * * * 

Jackson Co., IN: 

Jackson County ................................................................ 12/29/05 Attainment.

* * * * * * * 

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

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

69098 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

* * * * * 

[FR Doc. 05–22466 Filed 11–10–05; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL SCIENCE FOUNDATION 

45 CFR Part 670 

Conservation of Antarctic Animals and 

Plants 

AGENCY: National Science Foundation. 

ACTION: Direct final rule. 

SUMMARY: Pursuant to the Antarctic 

Conservation Act of 1978, The National 

Science Foundation (NSF) is amending 

its regulations to designate additional 

Antarctic Specially Protected Areas 

(ASPA). Also, NSF is adding to this rule 

in Antarctica designated by the Treaty 

Parties as Antarctic Specially Managed 

Areas (ASMA) and Historical Sites or 

Monuments (HSM). These additions 

only reflect measures already adopted 

by the Antarctic Treaty parties at 

Antarctic Treaty Consultative Meetings 

(ATCM). Finally, the regulation is being 

revised to correct some typographical 

and numbering errors. 

DATES: November 14, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Bijan Gilanshah, Office of the General 

Counsel, at 703–292–8060, National 

Science Foundation, 4201 Wilson 

Boulevard, Room 1265, Arlington, 

Virginia 22230. 

SUPPLEMENTARY INFORMATION: The 

Antarctic Conservation Act of 1978, as 

amended, (‘‘ACA’’) (16 U.S.C. 2401 et 

seq.) implements the Protocol on 

Environmental Protection to the 

Antarctic Treaty (‘‘the Protocol’’). 

Annex II of the Protocol contains 

provisions for conservation of native 

Antarctic plants and animals. Annex V 

contains provisions for the protection of 

specially designated areas. Section 2405 

of title 16 of the ACA directs the 

Director of the National Science 

Foundation to issue such regulations as 

are necessary and appropriate to 

implement Annexes II and V to the 

Protocol. 

The Antarctic Treaty Parties 

periodically adopt measures to establish 

additional specially protected areas, 

specially managed areas and historical 

sites or monuments in Antarctica. This 

rule is being revised to add two 

additional Antarctic specially protected 

areas, all specially managed areas and a 

comprehensive list of designated 

historical sites and monuments in 

Antarctica. The revisions also reiterate 

the ACA’s prohibition on entering or 

engaging in activities within an 

Antarctic Specially Protected Area 

unless authorized by permit as well as 

the ACA’s blanket prohibition on 

damaging, removing or destroying a 

Historic Site or Monument. No public 

comment is needed the addition of these 

areas or sites merely implements 

measures adopted by the Treaty Parties 

at various ATCM meetings. 

Finally, these amendments correct 

typographical errors in the names and 

numerical listings of several specially 

protected areas previously published in 

§ 670.29. 

Determinations 

NSF has determined, under the 

criteria set forth in Executive Order 

12866, that this rule is not a significant 

regulatory action requiring review by 

the Office of Management and Budget. 

This rule involves a foreign affairs 

function of the United States and is, 

therefore, exempt from the notice 

requirements of section 553 of the 

Administrative Procedures Act and from 

regulatory flexibility analysis 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. 

Although this rule is exempt from the 

Regulatory Flexibility Act, it has 

nonetheless been determined that this 

rule will not have a significant impact 

on a substantial number of small 

businesses. For purposes of the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), these amendments to the 

existing regulations do not change the 

collection of information requirements 

contained in NSF’s existing regulations, 

which have already been approved by 

the Office of Management and Budget. 

List of Subjects in 45 CFR Part 670 

Administrative practice and 

procedure, Antarctica, Exports, Imports, 

Plants, Reporting and recordkeeping 

requirements, Wildlife. 

Dated: October 12, 2005. 

Lawrence Rudolph, 

General Counsel. 

■ Pursuant to the authority granted by 

16 U.S.C. 2405(a)(1), NSF hereby 

amends 45 CFR Part 670 as set forth 

below: 

PART 670—[AMENDED] 

■ 1. The authority citation for Part 670 

continues to read as follows: 

Authority: 16 U.S.C. 2405, as amended. 

■ 2. Section 670.29 is revised to read as 

follows: 

§ 670.29 Designation of Antarctic specially 

protected areas, specially managed areas 

and historic sites and monuments. 

The following areas have been 

designated by the Antarctic Treaty 

Parties for special protection and are 

hereby designated as Antarctic Specially 

Protected Areas (ASPA). The Antarctic 

Conservation Act of 1978, as amended, 

prohibits, unless authorized by a permit, 

any person from entering or engaging in 

activities within an ASPA. Detailed 

maps and descriptions of the sites and 

complete management plans can be 

obtained from the National Science 

Foundation, Office of Polar Programs, 

National Science Foundation, Room 

755, 4201 Wilson Boulevard, Arlington, 

Virginia 22230. 

ASPA 101 Taylor Rookery, Mac. 

Robertson Land, East Antarctica 

ASPA 102 Rookery Islands, Holme 

Bay, Mac. Robertson Land, East 

Antarctica 

ASPA 103 Ardery Island and Odbert 

Island, Budd Coast, Wilkes Land, East 

Antarctica 

ASPA 104 Sabrina Island, Balleny 

Islands 

ASPA 105 Beaufort Island, Ross Sea 

(see ASPA 124) 

ASPA 106 Cape Hallett, Victoria Land 

ASPA 107 Emperor Island, Dion 

Islands, Marguerite Bay, Antarctic 

Peninsula (see Measure 1, 2002) 

ASPA 108 Green Island, Berthelot 

Islands, Antarctic Peninsula 

ASPA 109 Moe Island, South Orkney 

Islands 

ASPA 110 Lynch Island, South Orkney 

Islands 

ASPA 111 Southern Powell Island and 

adjacent Islands, South Orkney 

Islands 

ASPA 112 Coppermine Peninsula, 

Robert Island, South Shetland Islands 

ASPA 113 Litchfield Island, Arthur 

Harbour, Anvers Island, Palmer 

Archipelago 

ASPA 114 Northern Coronation Island, 

South Orkney Islands 

ASPA 115 Lagotellerie Island, 

Marguerite Bay, Antarctic Peninsula 

ASPA 116 ‘New College Valley’, 

Caughley Beach, Cape Bird, Ross 

Island 

ASPA 117 Avian Island, off Adelaide 

Island, Antarctic Peninsula 

ASPA 118 ‘Cryptogam Ridge’, Mount 

Melbourne, Victoria Land 

ASPA 119 Davis Valley and Forlidas 

Pond Pond, Dufek Massif 

ASPA 120 ‘Pointe-Ge ́ologie 

Archipelego’, Terre Ade ́lie 

ASPA 121 Cape Royds, Ross Island 

ASPA 122 Arrival Heights, Hut Point 

Peninsula, Ross Island 

ASPA 123 Barwick and Balham 

Valleys (see Measure 1, 2002), 

Victoria Land 

ASPA 124 Cape Crozier, Ross Island 

ASPA 125 Fildes Peninsula, King 

George Island, South Shetland Islands 

ASPA 126 Byers Peninsula, Livingston 

Island, South Shetland Islands