[Federal Register Volume 74, Number 198 (Thursday, October 15, 2009)]
[Rules and Regulations]
[Pages 52891-52894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24695]
[[Page 52891]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0120; FRL-8968-1]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Carbon Monoxide Maintenance Plan Updates; Limited Maintenance
Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Indiana Department of Environmental Management (IDEM)
submitted Carbon Monoxide (CO) ``Limited Maintenance Plan'' updates for
Lake and Marion Counties on January 12, 2009. These Limited Maintenance
Plans demonstrate continued attainment of the CO National Ambient Air
Quality Standard (NAAQS) for Lake and Marion counties for an additional
ten years. EPA is, therefore, approving it into Indiana's State
Implementation Plan (SIP).
DATES: This direct final rule will be effective December 14, 2009,
unless EPA receives adverse comments by November 16, 2009. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0120, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (312) 692-2551.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office 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 Docket ID No. EPA-R05-OAR-
2009-0120. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
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 www.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 docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Charles Hatten, Environmental Engineer,
at (312) 886-6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, 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) 886-6031,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Why did the State make this submittal to EPA?
II. What is a Limited Maintenance Plan?
III. What is EPA's analysis of the submittal?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Why did the State make this submittal to EPA?
On December 21, 1999, the State of Indiana submitted redesignation
requests and limited CO maintenance plans for the Lake County (East
Chicago) and Marion County (Indianapolis) CO nonattainment areas. EPA
subsequently approved the redesignation request and limited maintenance
plans for CO attainment in Lake and Marion Counties on January 19, 2000
(65 FR 2883).
Section 175A of the Clean Air Act (CAA) sets forth the elements of
a maintenance plan for areas seeking redesignation from nonattainment
to attainment. The plan must demonstrate continued attainment of the
applicable NAAQS for at least ten years after EPA approves a
redesignation to attainment. Eight years after the redesignation, the
State must submit a revised maintenance plan which demonstrates
attainment for the ten years following the initial ten year period.
As part of the original redesignation request and limited CO
maintenance plan, IDEM committed to review, and revise its limited
maintenance plan eight years after the areas were redesignated to
attainment of the CO standard, as required by section 175A(b) of the
CAA. On January 12, 2009, Indiana satisfied its commitment by
submitting a revision to its SIP to update the limited CO maintenance
plans for both the Lake County and Marion County CO attainment areas.
The update to the limited CO maintenance plan for Lake County and
Marion County supplements, and does not replace, the original approved
maintenance plans. The commitments in the approved maintenance plans
continue to apply for a second 10 year period.
A. Has public notice been provided?
Indiana published a public notice on November 19, 2008, for the
limited maintenance plan update for the Lake and Marion Counties CO
attainment areas. No public comments were received during the 30-day
comment period ending on December 19, 2008.
[[Page 52892]]
B. Geographic Boundaries
The CO maintenance areas are much smaller than Lake County and
Marion County, respectively. The following is a brief description of
the two maintenance counties included in this update.
Lake County
Lake County is located in northwest Indiana. The Lake County CO
maintenance area is in the City of East Chicago (area bounded by
Columbus Drive on the north, the Indiana Harbor Canal on the west,
148th St., if extended, on the south and Euclid Avenue on the east).
Marion County
Marion County is located in central Indiana, and is part of the
Indianapolis metropolitan area. However, only a small area located in
the center of Marion County, bounded by 11th St. on to the north,
Capitol Avenue to the west, Georgia Street to the south and Delaware to
the east is classified as maintenance for CO.
II. What is a Limited Maintenance Plan?
``Limited Maintenance Plans'' are applicable in certain areas that
EPA had formerly designated as nonclassifiable and nonattainment for
CO. As discussed in an October 6, 1995, memorandum entitled ``Limited
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas,''
EPA will consider the maintenance demonstration satisfied if the design
value (the second highest 8-hour non-overlapping monitored value) is at
or below 7.65 parts per million (ppm), or 85 percent of the level of
the eight hour CO NAAQS of 9.0 ppm. The design value must be based on
eight consecutive quarters of data. For such areas, there is no
requirement to project emissions of air quality over the maintenance
period. EPA believes that if the area begins the maintenance period at,
or below, 85 percent of the CO 8-hour NAAQS, then the applicability of
Prevention of Significant Deterioration (PSD) requirements, the control
measures already in the SIP, and Federal measures should provide
adequate assurance of maintenance over the ten year maintenance period.
In addition, the design value for the area must continue to be at or
below 7.65 ppm until the time of final EPA action.
The core provisions that are required in a limited maintenance plan
for CO are: an attainment emissions inventory, a maintenance
demonstration (which is satisfied by the air quality demonstration
described in the previous paragraph), continued operation of an EPA
approved CO monitoring network, a contingency plan, and a demonstration
of transportation conformity. Each of these components has been
adequately addressed by in IDEM's submittal.
III. What is EPA's Analysis of the submittal?
Attainment/Emission Inventory
The State is required to develop an attainment emission inventory
to identify a level of emissions in the area which is sufficient to
attain the CO NAAQS. In its submittal, IDEM provided a comprehensive
emission inventory of major sources permitted in Lake and Marion
Counties from the original maintenance plan's emissions (1997) compared
to the most recent emissions inventory (2006). The State demonstrated
that the CO emissions from major sources in Lake County and Marion
County have decreased by 2,126.86 tons per year, and 22,679.12 tons per
year, respectively, from 1997 to 2006. This decrease can be attributed
to a number of factors, including Federally mandated programs, closings
of permitted stationary sources, and source-specific operating
provisions.
By opting to comply with the requirements of the limited
maintenance plan option, IDEM is not required to project CO emissions
for Lake and Marion Counties as part of the updates to these limited
maintenance plans.
Maintenance Demonstration
To qualify for the limited CO maintenance plan option, the CO
design value for the area (the second highest eight hour non-
overlapping monitored value), based on eight consecutive quarters (2
years of data) must be at or below, 7.65 ppm, or 85 percent of the
level of the eight hour CO NAAQS. To assess whether the area meets the
applicability cutoff for the limited maintenance plan, a separate
design value must be developed for every monitoring site. The highest
of these design values is the design value for the whole area.
In Lake County, there is one monitoring site collecting CO data for
maintenance of the CO NAAQS located at the East Chicago Post Office.
The 2007 eight hour CO design value for the monitor in Lake County area
is 3.0 ppm.
In Marion County, there are two CO monitoring sites in operation,
one located at 50 North Illinois Street, and one at the Naval Avionics
Center. The 2007 eight hour CO design values for these two monitors are
3.6 ppm (North Illinois Street), and 2.1 ppm (Naval Avionics Center).
This makes the Marion County CO maintenance area's design value 3.6
ppm. The CO design values for Lake and Marion Counties are presented in
the table below.
Current CO Design Value for Lake and Marion Counties
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1st Max 2nd Max Design
Site ID County Site name Year 8-hour 8-hour value
(ppm) (ppm) (ppm)
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18-089-0001................... Lake............. East Chicago..... 2006 3.2 2.4 2.4
18-089-0001................... Lake............. East Chicago..... 2007 3.1 3.0 3.0
18-097-0072................... Marion........... 50 North Illinois 2006 2.1 2.0 2.4
18-097-0072................... Marion........... 50 North Illinois 2007 4.3 3.6 3.6
18-097-0073................... Marion........... Naval Avionics 2006 2.3 2.1 2.1
Center.
18-097-0073................... Marion........... Naval Avionics 2007 2.3 2.0 2.1
Center.
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The eight hour design values from the AIRS (Aerometric
Information Retrieval System) Quick Look data report were examined
for Lake County and Marion County and have not exceeded the 7.65 ppm
level for the 1998 to 2007 time interval.
Current data in AIRS for 2008 show that the CO monitoring values
for Lake County and Marion County continue to be below 7.65 ppm. See
table below.
[[Page 52893]]
Current CO Ambient Monitoring Data for Lake and Marion Counties
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1st Max 2nd Max
Site ID County Site name Year 8-hour 8-hour
(ppm) (ppm)
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18-089-0001....................... Lake................. East Chicago........ 2008 3.3 3.0
18-097-0072....................... Marion............... 50 North Illinois... 2008 3.2 2.1
18-097-0073....................... Marion............... Naval Avionics 2008 1.3 1.2
Center.
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EPA also examined at CO monitoring data for 2009. While this
data has yet to be quality assured, it shows CO levels continue to
be low for Lake County and Marion County.
Based on ambient air monitoring date, Lake and Marion Counties
are eligible to update their maintenance plan under the limited
maintenance plan policy. IDEM will continue to maintain a continuous
CO monitoring network, meeting the requirements of 40 CFR Part 58,
that provides adequate coverage to verify continued compliance with
the CO NAAQS.
IV. What action is EPA taking?
EPA is approving a SIP revision request submitted by the State
of Indiana. This SIP revision meets the requirements for a second
ten year limited CO maintenance plan for Lake County and Marion
County, Indiana. The SIP revision supplements the current approved
limited CO maintenance plans for Lake County and Marion County, and
continues to demonstrate maintenance of the CO NAAQS for an
additional ten years.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the Proposed Rules section of this Federal
Register publication, we are publishing a separate document that
will serve as the proposal to approve the state plan if relevant
adverse written comments are filed. This rule will be effective
December 14, 2009 without further notice unless we receive relevant
adverse written comments by November 16, 2009. If we receive such
comments, we will withdraw this action before the effective date by
publishing a subsequent document that will withdraw the final
action. All public comments received will then be addressed in a
subsequent final rule based on the proposed action. The EPA will not
institute a second comment period, therefore, 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 14,
2009.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to
approve a SIP submission that complies with the provisions of the
Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR
52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the
Clean Air Act. Accordingly, this action merely approves state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason,
this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.);
Is certified as not having a significant economic
impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62
FR 19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because application of those requirements would be
inconsistent with the Clean Air Act; and
Does not provide EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16,
1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located
in the state, and EPA notes that it will not impose substantial
direct costs on Tribal governments or preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a
copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. EPA will submit a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. A major rule cannot take effect until 60 days
after it is published in the Federal Register. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by December 14, 2009.
Filing a petition for reconsideration by the Administrator of this
final rule does not affect the finality of this action for the
purposes of judicial review nor does it extend the time within which
a petition for judicial review may be filed, and shall not postpone
the effectiveness of such rule or action. Parties with objections to
this direct final rule are encouraged to file a comment in response
to the parallel notice of proposed rulemaking for this action
published in the Proposed Rules section of today's Federal Register,
rather than file an immediate petition for judicial review of this
direct final rule, so that EPA can withdraw this direct final rule
and address the comment in the proposed rulemaking. This action may
not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, and Intergovernmental relations.
Dated: September 29, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is 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 52.785 is amended by adding paragraph (c) to read as
follows:
Sec. 52.785 Control Strategy: Carbon Monoxide.
* * * * *
(c) Approval--The Indiana Department of Environmental Management
(IDEM) submitted Carbon Monoxide (CO) Limited Maintenance Plan Updates
for Lake and Marion Counties on January 12, 2009. The updated Limited
Maintenance Plans
[[Page 52894]]
demonstrate attainment of the CO National Ambient Air Quality Standard
(NAAQS) for Lake and Marion Counties for an additional ten years.
[FR Doc. E9-24695 Filed 10-14-09; 8:45 am]
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