[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Rules and Regulations]
[Pages 69085-69098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22466]


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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.

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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 on-line instructions for submitting comments.
    3. E-mail: <a href="/cdn-cgi/l/email-protection#335e5c5c5d564a1d595c5b5d735643521d545c45"><span class="__cf_email__" data-cfemail="f79a989899928ed99d989f99b7928796d9909881">[email protected]</span></a>.
    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, 
<a href="/cdn-cgi/l/email-protection#badedbddd5c9ced3d4d594d1dbced2d6dfdfd4fadfcadb94ddd5cc"><span class="__cf_email__" data-cfemail="620603050d11160b0c0d4c0903160a0e07070c220712034c050d14">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What Actions Is EPA Taking?

[[Page 69086]]

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 (NO<INF>X</INF>) and volatile organic 
compounds (VOCs) react in the presence of sunlight to form ground-level 
ozone. NO<INF>X</INF> 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;

[[Page 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 NO<INF>X</INF> 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 quality-assured 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 quality-assured 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)
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                                                    1st max  8-     2nd max  8-     3rd max  8-     4th max  8-
                      Year                          hour (ppm)      hour (ppm)      hour (ppm)      hour (ppm)
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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
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2002-2004 average of 4th max 8-hour averages (ppm)..............................................           0.084
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    Table 2.--Maximum 8-Hour Average Ozone Concentrations at the Jackson County Monitor From 2002-2004 (ppm)
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                                                    1st max  8-     2nd max  8-     3rd max  8-     4th max  8-
                      Year                          hour (ppm)      hour (ppm)      hour (ppm)      hour (ppm)
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2002............................................           0.094           0.093           0.091           0.090
2003............................................           0.084           0.082           0.082           0.082

[[Page 69088]]

 
2004............................................           0.076           0.070           0.069           0.067
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2002-2004 average of 4th max 8-hour averages (ppm)..............................................           0.079
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    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 (NO<INF>X</INF> 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.
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    \1\ On October 27, 1998 (63 FR 57356), EPA issued a 
NO<INF>X</INF> SIP call, requiring the District of Columbia and 22 
states, including Indiana, to reduce their statewide emissions of 
NO<INF>X</INF> in order to reduce the transport of ozone and ozone. 
In compliance with EPA's NO<INF>X</INF> SIP call, IDEM has developed 
rules governing the control of NO<INF>X</INF> 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 NO<INF>X</INF> SIP Call on November 8, 2001 (66 FR 
56465). On December 11, 2003 (68 FR 69025) EPA approved revisions to 
these rules.
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    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,

[[Page 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 
Federally-supported 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 Federally-supported or funded projects (general 
conformity). State conformity revisions must be consistent with Federal 
conformity regulations relating to consultation, enforcement and 
enforceability that the CAA required the EPA to promulgate.
    EPA 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 NO<INF>X</INF>, 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

[[Page 69090]]

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 State-adopted 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

    NO<INF>X</INF> rules. In compliance with EPA's NO<INF>X</INF> SIP 
call, Indiana developed rules to control NO<INF>X</INF> emissions from 
Electric Generating Units (EGUs), major non-EGU industrial boilers, and 
major cement kilns. These rules required sources to begin reducing 
NO<INF>X</INF> emissions in 2004, with emission reductions increasing 
to 31 percent statewide by 2007. It should be noted that statewide 
NO<INF>X</INF> emissions actually began to decline in 2002 as sources 
phased in emission controls needed to comply with the State's 
NO<INF>X</INF> emission control regulations. From 2004 on, 
NO<INF>X</INF> emissions from EGUs are capped at a statewide total well 
below pre-2002 levels. It should be noted that NO<INF>X</INF> emissions 
are expected to further decline as the State meets the requirements of 
EPA's Phase II NO<INF>X</INF> SIP call (69 FR 21604).
    Federal Emission Control Measures. Reductions in VOC and 
NO<INF>X</INF> 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 Non-road 
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 NO<INF>X</INF> 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

[[Page 69091]]

 
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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                         Sector                                                             Net change                                      Net change
                                                               1999            2002         (1999-2002)        1999            2002         (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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                         Sector                                                             Net change                                      Net change
                                                               1999            2002         (1999-2002)        1999            2002         (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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                         Sector                                                             Net change                                      Net change
                                                               1999            2002         (1999-2002)        1999            2002         (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 NO<INF>X</INF> emissions by 0.60 tpd between 1999 and 2002. Table 6 
shows that Jackson County reduced VOC emissions by 3.28 tpd and 
NO<INF>X</INF> 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 NO<INF>X</INF> emissions by 72.71 tpd between 1999 and 
2002.
    Based on the information summarized above, Indiana has adequately 
demonstrated that the improvement in

[[Page 69092]]

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 
NO<INF>X</INF> 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 NO<INF>X</INF> 
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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                         Sector                                                               Net change                                      Net change
                                                             2002        2010        2015      2002-2015     2002        2010        2015      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
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 69093]]


                                Table 10.--Comparison of Total 2002-2015 VOC and NOX Emissions for Jackson County (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                         Sector                                                               Net change                                      Net change
                                                             2002        2010        2015      2002-2015     2002        2010        2015      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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                         Sector                                                               Net change                                      Net change
                                                             2002        2010        2015      2002-2015     2002        2010        2015      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 
NO<INF>X</INF> emissions are projected to decrease by 0.76 tpd and 2.59 
tpd, respectively. In Jackson County, NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 
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 low-sulfur 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 
NO<INF>X</INF> SIP call were addressed for high ozone episodes in 1995. 
The modeling supports the conclusion that the fuel improvements and the 
NO<INF>X</INF> 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 NO<INF>X</INF> SIP call and 
the fuel modifications considered in the ozone modeling were found to 
significantly improve the ozone levels in Greene and Jackson Counties.
---------------------------------------------------------------------------

    \2\ Relative 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.
---------------------------------------------------------------------------

    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 NO<INF>X</INF> 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 NO<INF>X</INF> 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

[[Page 69094]]

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 
NO<INF>X</INF> for 2015. For Jackson County, 5.25 tpd (i.e., 12.57 tpd 
less 7.37 tpd) is the safety margin for NO<INF>X</INF> 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 
NO<INF>X</INF> 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 
fourth-high 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 non-Federal 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;

[[Page 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, 
employer-based 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 NO<INF>X</INF> emission offsets for new or modified 
major sources;
    x. VOC or NO<INF>X</INF> emission offsets for new or modified minor 
sources;
    xi. Increased ratio of emission offset required for new sources; 
and,
    xii. VOC or NO<INF>X</INF> emission controls on new minor sources 
(with VOC or NO<INF>X</INF> 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 NO<INF>X</INF> 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 
NO<INF>X</INF>. It should be noted that these MVEBs exceed the onroad 
mobile source VOC and NO<INF>X</INF> emissions projected by IDEM for 
2015, as

[[Page 69096]]

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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF>. It should be noted that 
the MVEB exceeds the onroad mobile source NO<INF>X</INF> 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 
NO<INF>X</INF> 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 NO<INF>X</INF> in 
2015, including the allocated safety margin, since NO<INF>X</INF> 
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 NO<INF>X</INF> emissions are projected to have safety 
margins of 0.76 tpd for VOC and 2.59 tpd for NO<INF>X</INF> 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 NO<INF>X</INF> 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 pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175 Consultation and Coordination With Indian Tribal 
Governments

    This 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).

[[Page 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.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal 
Regulations, are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart P--Indiana

0
2. Section 52.777 is amended by adding paragraph (bb) to read as 
follows:


Sec.  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 NO<INF>X</INF>. The 2015 motor 
vehicle emission budgets for Jackson County are 1.65 tpd for VOC and 
3.18 tpd for NO<INF>X</INF>.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
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:


Sec.  81.315  Indiana.

* * * * *

                                                             Indiana Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Designation \a\                                     Category/Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            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.
\1\ This date is June 15, 2004, unless otherwise noted.


[[Page 69098]]

* * * * *
[FR Doc. 05-22466 Filed 11-10-05; 8:45 am]
BILLING CODE 6560-50-P


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