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(i) Incorporation by reference. In approving these requests, EPA is also not submit information that you (A) South Coast Air Quality approving the State’s plans for consider to be CBI or otherwise Management District (SCAQMD). maintaining the 8-hour ozone NAAQS protected through RME, regulations.gov, (1) Amended Handbooks for Rules through 2015 in these areas as a revision or e-mail. The EPA RME Web site and 403 (Chapters 5, 7, and 8) and 403.1 to the Indiana State Implementation the Federal regulations.gov Web site are (Chapters 2, 3, 4, and 7), as adopted on Plan (SIP). EPA is also finding adequate ‘‘anonymous access’’ systems, which April 2, 2004. and approving the State’s 2015 Motor means EPA will not know your identity (B) Plan revisions for the Coachella Vehicle Emission Budgets (MVEBs) for or contact information unless you Valley Planning Area. these areas. provide it in the body of your comment. (1) Fugitive dust control ordinances DATES: This rule is effective on If you send an e-mail comment directly for: City of Cathedral City Ordinance December 29, 2005, unless EPA receives to EPA without going through RME or No. 583 (1/14/04), City of Coachella adverse written comments by December regulations.gov, your e-mail address Ordinance No. 896 (10/8/03), City of 14, 2005. If EPA receives adverse will be automatically captured and Desert Hot Springs Ordinance No. 2003– comments, EPA will publish a timely included as part of the comment that is 16 (10/7/03), City of Indian Wells withdrawal of the rule in the Federal placed in the public docket and made Ordinance No. 545 (11/6/03), City of Register and inform the public that the available on the Internet. If you submit Indio Ordinance No. 1357 (12/3/03), rule will not take effect. an electronic comment, EPA City of La Quinta Ordinance No. 391 recommends that you include your (12/2/03), City of Palm Desert ADDRESSES: Submit comments, identified by Regional Material in name and other contact information in Ordinance No. 1056 (11/13/03), City of the body of your comment and with any Palm Springs Ordinance No. 1639 (11/ EDocket (RME) ID No. R05–OAR–2005– IN–0009, by one of the following disk or CD–ROM you submit. If EPA 5/03), City of Rancho Mirage cannot read your comment due to Ordinances No. 855 (12/18/03) and No. methods: 1. Federal eRulemaking Portal: technical difficulties and cannot contact 863 (4/29/04), and County of Riverside you for clarification, EPA may not be Ordinance No. 742.1 (1/13/04). http://www.regulations.gov. Follow the on-line instructions for submitting able to consider your comment. [FR Doc. 05–22463 Filed 11–10–05; 8:45 am] comments. Electronic files should avoid the use of BILLING CODE 6560–50–P 2. Agency Web site: http:// special characters, any form of docket.epa.gov/rmepub/. RME, EPA’s encryption, and be free of any defects or electronic public docket and comments viruses. ENVIRONMENTAL PROTECTION system, is EPA’s preferred method for Docket: All documents in the AGENCY receiving comments. Once in the electronic docket are listed in the RME index at http://docket.epa.gov/rmepub/. 40 CFR Parts 52 and 81 system, select ‘‘quick search,’’ then key in the appropriate RME Docket Although listed in the index, some [R05–OAR–2005–IN–0009; FRL–7995–9] identification number. Follow the on- information is not publicly available, line instructions for submitting i.e., CBI or other information whose Approval and Promulgation of comments. disclosure is restricted by statute. Implementation Plans and Designation 3. E-mail: [email protected]. Certain other material, such as of Areas for Air Quality Planning 4. Fax: (312) 886–5824. copyrighted material, is not placed on Purposes; Indiana; Redesignation of 5. Mail: You may send written the Internet and will be publicly Greene County and Jackson County 8- comments to: John M. Mooney, Chief, available only in hard copy form. Hour Ozone Nonattainment Areas To Criteria Pollutant Section, (AR–18J), Publicly available docket materials are Attainment for Ozone U.S. Environmental Protection Agency, available either electronically in RME or in hard copy at the Environmental AGENCY: Environmental Protection Region 5, 77 West Jackson Boulevard, Protection Agency, Region 5, Air and Agency (EPA). Chicago, Illinois 60604. 6. Hand delivery: Deliver your Radiation Division, 77 West Jackson ACTION: Direct final rule. comments to: John M. Mooney, Chief, Boulevard, Chicago, Illinois 60604. We SUMMARY: EPA is making determinations Criteria Pollutant Section, (AR–18J), recommend that you telephone that the Greene County and Jackson U.S. Environmental Protection Agency, Kathleen D’Agostino, Environmental County ozone nonattainment areas have Region 5, 77 West Jackson Boulevard, Engineer, at (312) 886–1767 before attained the 8-hour ozone National 18th floor, Chicago, Illinois 60604. Such visiting the Region 5 office. This Facility Ambient Air Quality Standard deliveries are only accepted during the is open from 8:30 a.m. to 4:30 p.m., (NAAQS). These determinations are Regional Office’s normal hours of Monday through Friday, excluding based on three years of complete, operation. The Regional Office’s official Federal holidays. quality-assured ambient air quality hours of business are Monday through FOR FURTHER INFORMATION CONTACT: monitoring data for the 2002–2004 Friday, 8:30 a.m. to 4:30 p.m. excluding Kathleen D’ Agostino, Environmental seasons that demonstrate that the 8-hour Federal holidays. Engineer, Criteria Pollutant Section, Air ozone NAAQS has been attained in the Instructions: Direct your comments to Programs Branch (AR–18J), U.S. areas. RME ID No. R05–OAR–2005–IN–0009. Environmental Protection Agency, EPA is approving requests from the EPA’s policy is that all comments Region 5, 77 West Jackson Boulevard, State of Indiana to redesignate the received will be included in the public Chicago, Illinois 60604, (312) 886–1767, Greene County and Jackson County docket without change, including any [email protected]. areas to attainment of the 8-hour ozone personal information provided and may SUPPLEMENTARY INFORMATION: NAAQS. These requests were submitted be made available online at http:// Throughout this document whenever by the Indiana Department of docket.epa.gov/rmepub/, unless the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Environmental Management (IDEM) on comment includes information claimed EPA. July 15, 2005 and supplemented on to be Confidential Business Information September 6, 2005, September 7, 2005, (CBI) or other information whose Table of Contents October 6, 2005, and October 20, 2005. disclosure is restricted by statute. Do I. What Actions Is EPA Taking?
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II. What Is the Background for These NAAQS, which was revoked on June 15, On July 15, 2005, Indiana requested Actions? 2005. On July 18, 1997, EPA that EPA redesignate Greene and III. What Are the Criteria for Redesignation? promulgated a revised 8-hour ozone Jackson Counties to attainment for the 8- IV. Why Is EPA Taking These Actions? standard of 0.08 parts per million hour ozone standard. These requests V. What Is the Effect of These Actions? VI. What Is EPA’s Analysis of the Request? (ppm). This new standard is more were supplemented with submittals A. Attainment Determination and stringent than the previous 1-hour dated September 6, 2005, September 7, Redesignation standard. 2005, October 6, 2005, and October 20, B. Adequacy of Indiana’s Motor Vehicle On April 30, 2004 (69 FR 23857), EPA 2005. The redesignation requests Emission Budget published a final rule designating and included three years of complete, VII. Final Actions classifying areas under the 8-hour ozone quality-assured data for the period of VIII. Statutory and Executive Order Reviews NAAQS. These designations and 2002 through 2004, indicating the 8- I. What Actions Is EPA Taking? classifications became effective June 15, hour NAAQS for ozone had been attained for Greene and Jackson EPA is taking several related actions. 2004. The CAA required EPA to Counties. Under the CAA, EPA is making determinations that the designate as nonattainment any area nonattainment areas may be Greene County and Jackson County, that was violating the 8-hour ozone redesignated to attainment if sufficient Indiana nonattainment areas have NAAQS based on the three most recent complete, quality-assured data are attained the 8-hour ozone standard and years (2001–2003) of air quality data. available for the Administrator to that Greene and Jackson Counties have The CAA contains two sets of determine that the area has attained the met the requirements for redesignation provisions—subpart 1 and subpart 2— standard and the area meets the other under section 107(d)(3)(E). EPA is thus that address planning and control four CAA redesignation requirements in approving requests to change the legal requirements for nonattainment areas. section 107(d)(3)(E). designations of the Greene County and (Both are found in title I, part D.) Jackson County areas from Subpart 1 (which EPA refers to as III. What Are the Criteria for nonattainment to attainment for the 8- ‘‘basic’’ nonattainment) contains Redesignation? hour ozone NAAQS. EPA is also general, less prescriptive, requirements approving Indiana’s maintenance plan for nonattainment areas for any The CAA provides the requirements SIP revisions for Greene and Jackson pollutant—including ozone—governed for redesignating a nonattainment area Counties (such approval being one of by a NAAQS. Subpart 2 (which EPA to attainment. Specifically, section the CAA criteria for redesignation to refers to as ‘‘classified’’ nonattainment) 107(d)(3)(E) allows for redesignation attainment status). The maintenance provides more specific requirements for providing that: (1) The Administrator plans are designed to keep Greene and ozone nonattainment areas. Some ozone determines that the area has attained the Jackson Counties in attainment of the nonattainment areas are subject only to applicable NAAQS; (2) the ozone NAAQS for the next 10 years. the provisions of subpart 1. Other ozone Administrator has fully approved the Additionally, EPA is announcing its nonattainment areas are also subject to applicable implementation plan for the action on the Adequacy Process for the the provisions of subpart 2. Under area under section 110(k); (3) the newly-established 2015 MVEBs. The EPA’s 8-hour ozone implementation Administrator determines that the Adequacy comment periods for the 2015 rule, signed on April 15, 2004, (69 FR improvement in air quality is due to MVEBs began on August 2, 2005, with 23951) an area was classified under permanent and enforceable reductions EPA’s posting of the availability of these subpart 2 based on its 8-hour ozone in emissions resulting from submittals on EPA’s Adequacy Web site design value (i.e., the 3-year average implementation of the applicable SIP (at http://www.epa.gov/otaq/transp/ annual fourth-highest daily maximum 8- and applicable Federal air pollutant conform/adequacy.htm). The Adequacy hour average ozone concentration), if it control regulations and other permanent comment periods for these MVEBs had a 1-hour design value at or above and enforceable reductions; (4) the ended on September 1, 2005. No 0.121 ppm (the lowest 1-hour design Administrator has fully approved a requests for these submittals or adverse value in Table 1 of subpart 2). All other maintenance plan for the area as comments on these submittals were areas are covered under subpart 1, based meeting the requirements of section received during the Adequacy comment upon their 8-hour design values. Both 175A; and (5) the state containing such periods. Please see the Adequacy Greene and Jackson Counties were area has met all requirements applicable Section of this rulemaking for further designated as subpart 1, 8-hour ozone to the area under section 110 and part explanation on this process. Therefore, nonattainment areas by EPA on April D. 30, 2004, (69 FR 23857) based on air we are finding adequate and approving EPA provided guidance on quality monitoring data from 2001– the State’s 2015 MVEBs for redesignation in the General Preamble 2003. transportation conformity purposes. for the Implementation of Title I of the Under EPA regulations at 40 CFR part CAA Amendments of 1990, on April 16, II. What Is the Background for These 50, the 8-hour ozone standard is Actions? 1992 (57 FR 13498), and supplemented attained when the 3-year average of the this guidance on April 28, 1992 (57 FR Ground-level ozone is not emitted annual fourth-highest daily maximum 8- 18070). EPA has provided further directly by sources. Rather, emissions of hour average ozone concentrations is guidance on processing redesignation nitrogen oxides (NOX) and volatile less than or equal to 0.08 ppm (i.e., requests in the following documents: organic compounds (VOCs) react in the 0.084 ppm) when rounding is presence of sunlight to form ground- considered. (See 69 FR 23857 (April 30, ‘‘Ozone and Carbon Monoxide Design Value Calculations’’, Memorandum from level ozone. NO and VOCs are referred 2004) for further information). The data X William G. Laxton, Director Technical completeness requirement is met when to as precursors of ozone. Support Division, June 18, 1990; The CAA establishes a process for air the average percent of days with valid ‘‘Maintenance Plans for Redesignation of quality management through the ambient monitoring data is greater than Ozone and Carbon Monoxide Nonattainment NAAQS. Greene and Jackson Counties 90%, and no single year has less than Areas,’’ Memorandum from G.T. Helms, were designated unclassifiable/ 75% data completeness as determined Chief, Ozone/Carbon Monoxide Programs attainment under the 1-hour ozone in Appendix I of part 50. Branch, April 30, 1992;
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‘‘Contingency Measures for Ozone and Jackson County to attainment for the 8- accordance with 40 CFR 50.10 and Carbon Monoxide (CO) Redesignations,’’ hour ozone standard. Indiana Appendix I, based on three complete, Memorandum from G.T. Helms, Chief, supplemented these requests with consecutive calendar years of quality- Ozone/Carbon Monoxide Programs Branch, submittals dated September 6, 2005, June 1, 1992; assured air quality monitoring data. To ‘‘Procedures for Processing Requests to September 7, 2005, October 6, 2005, and attain this standard, the 3-year average Redesignate Areas to Attainment,’’ October 20, 2005. EPA believes that the of the fourth-highest daily maximum 8- Memorandum from John Calcagni, Director, areas have attained the standard and hour average ozone concentrations Air Quality Management Division, September have met the requirements for measured at each monitor within an 4, 1992; redesignation set forth in section area over each year must not exceed ‘‘State Implementation Plan (SIP) Actions 107(d)(3)(E) of the CAA. Submitted in Response to Clean Air Act 0.08 ppm. Based on the rounding (ACT) Deadlines,’’ Memorandum from John V. What Is the Effect of These Actions? convention described in 40 CFR Part 50, Calcagni, Director, Air Quality Management Approval of the redesignation Appendix I, the standard is attained if Division, October 28, 1992; requests would change the official the design value is 0.084 ppm or below. ‘‘Technical Support Documents (TSD’s) for The data must be collected and quality- Redesignation Ozone and Carbon Monoxide designation of the areas for the 8-hour (CO) Nonattainment Areas,’’ Memorandum ozone NAAQS found at 40 CFR part 81. assured in accordance with 40 CFR part from G.T. Helms, Chief, Ozone/Carbon It would also incorporate into the 58, and recorded in Aerometric Monoxide Programs Branch, August 17, Indiana SIP plans for maintaining the 8- Information Retrieval System (AIRS). 1993; hour ozone NAAQS through 2015. The The monitors generally should have ‘‘State Implementation Plan (SIP) maintenance plans include contingency remained at the same location for the Requirements for Areas Submitting Requests for Redesignation to Attainment of the Ozone measures to remedy future violations of duration of the monitoring period and Carbon Monoxide (CO) National the 8-hour NAAQS, and establish required for demonstrating attainment. Ambient Air Quality Standards (NAAQS) On MVEBs for the year 2015 of 1.46 and IDEM submitted ozone monitoring or After November 15, 1992,’’ Memorandum 1.65 tons per day (tpd) VOC and 1.54 data for the 2002 to 2004 ozone seasons. from Michael H. Shapiro, Acting Assistant and 3.18 tpd NO for Greene and X The State quality assures monitoring Administrator for Air and Radiation, Jackson Counties, respectively. September 17, 1993; data in accordance with 40 CFR 58.10 ‘‘Use of Actual Emissions in Maintenance VI. What Is EPA’s Analysis of the and the Indiana Quality Assurance Demonstrations for Ozone and CO Request? Manual and records the data in the Nonattainment Areas,’’ Memorandum from AIRS database, thus making the data D. Kent Berry, Acting Director, Air Quality A. Attainment Determination and Management Division, to Air Division Redesignation publicly available. IDEM operates one ozone monitor in Greene County (18– Directors, Regions 1–10, dated November 30, EPA is making determinations that 055–0001) and one ozone monitor in 1993. the Greene County and Jackson County ‘‘Part D New Source Review (part D NSR) Jackson County (18–071–0001). The nonattainment areas have attained the 8- Requirements for Areas Requesting data for 2002–2004 have been quality hour ozone standard and that the areas Redesignation to Attainment,’’ Memorandum assured and are recorded in AIRS. For from Mary D. Nichols, Assistant have met all other applicable section Administrator for Air and Radiation, October 107(d)(3)(E) redesignation criteria. The Greene County, data completeness was 14, 1994; and basis for EPA’s determinations is as 100% for 2002–2004. For Jackson ‘‘Reasonable Further Progress, Attainment follows: County, data completeness averaged Demonstration, and Related Requirements for 100%, 100% and 98% in 2002, 2003 Ozone Nonattainment Areas Meeting the 1. The Areas Have Attained the 8-Hour and 2004, respectively. The four highest Ozone National Ambient Air Quality Ozone NAAQS (Section 107(d)(3)(E)(i)) Standard,’’ Memorandum from John S. Seitz, 8-hour average readings for the Greene Director, Office of Air Quality Planning and EPA is making determinations that County and Jackson County ozone Standards, May 10, 1995. Greene and Jackson Counties have monitoring sites for the years 2002 to attained the 8-hour ozone NAAQS. For 2004 are presented in Tables 1 and 2 IV. Why Is EPA Taking These Actions? ozone, an area may be considered to be below: On July 15, 2005, Indiana requested attaining the 8-hour ozone NAAQS if redesignation of Greene County and there are no violations, as determined in
TABLE 1.—MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AT THE GREENE COUNTY MONITOR FROM 2002–2004 (PPM)
1st max 2nd max 3rd max 4th max Year 8-hour (ppm) 8-hour (ppm) 8-hour (ppm) 8-hour (ppm)
2002 ...... 0.097 0.095 0.095 0.093 2003 ...... 0.097 0.092 0.092 0.088 2004 ...... 0.076 0.075 0.075 0.073
2002–2004 average of 4th max 8-hour averages (ppm) ...... 0.084
TABLE 2.—MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AT THE JACKSON COUNTY MONITOR FROM 2002–2004 (PPM)
1st max 2nd max 3rd max 4th max Year 8-hour (ppm) 8-hour (ppm) 8-hour (ppm) 8-hour (ppm)
2002 ...... 0.094 0.093 0.091 0.090 2003 ...... 0.084 0.082 0.082 0.082
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TABLE 2.—MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AT THE JACKSON COUNTY MONITOR FROM 2002–2004 (PPM)—Continued
1st max 2nd max 3rd max 4th max Year 8-hour (ppm) 8-hour (ppm) 8-hour (ppm) 8-hour (ppm)
2004 ...... 0.076 0.070 0.069 0.067
2002–2004 average of 4th max 8-hour averages (ppm) ...... 0.079
It should be noted that preliminary Quality Management Division, from significantly contributing to air 2005 monitoring data for Greene and September 4, 1992) describes EPA’s quality problems in another state. To Jackson Counties show that the areas interpretation of section 107(d)(3)(E) of implement this provision, EPA has continue to attain the 8-hour ozone the CAA. Under this interpretation, to required certain states to establish standard. qualify for redesignation of an area to programs to address transport of air 1 In addition, as discussed below with attainment, the state and the area must pollutants (NOX SIP Call, Clean Air respect to the maintenance plan, IDEM meet the relevant CAA requirements Interstate Rule (CAIR) (70 FR 25162)). has committed to continue monitoring that come due prior to the state’s However, the section 110(a)(2)(D) in these areas in accordance with 40 submittal of a complete redesignation requirements for a state are not linked CFR part 58. In summary, EPA believes request for the area. See also the with a particular nonattainment area’s that the data submitted by Indiana September 17, 1993 Michael Shapiro designation and classification. EPA provide an adequate demonstration that memorandum and 60 FR 12459, 12465– believes that the requirements linked Greene and Jackson Counties have 66 (Mar. 7, 1995) (redesignation of with a particular nonattainment area’s attained the 8-hour ozone NAAQS. Detroit-Ann Arbor, Michigan to designation and classification are the attainment of the 1-hour ozone relevant measures to evaluate in 2. The Areas Have Met All Applicable NAAQS). Applicable requirements of Requirements Under Section 110 and reviewing a redesignation request. The the CAA that come due subsequent to transport SIP submittal requirements, Part D; and the Areas Have Fully the state’s submittal of a complete Approved SIPs Under Section 110(k). where applicable, continue to apply to request remain applicable until a a state regardless of the designation of (Sections 107(d)(3)(E)(v) and redesignation to attainment is approved, 107(d)(3)(E)(ii)) any one particular area in the state. but are not required as a prerequisite to We believe that these requirements We have determined that Indiana has redesignation. See section 175A(c) of should not be construed to be applicable met all currently applicable SIP the CAA. Sierra Club v. EPA, 375 F.3d requirements for purposes of requirements for purposes of 537 (7th Cir. 2004). See also 68 FR redesignation. Further, we believe that redesignation for Greene and Jackson 25424, 25427 (May 12, 2003) the other section 110 elements Counties under section 110 of the CAA (redesignation of the St. Louis/East St. described above that are not connected (general SIP requirements). We have Louis area to attainment of the 1-hour with nonattainment plan submissions also determined that the Indiana SIP ozone NAAQS). and not linked with an area’s attainment meets all SIP requirements currently General SIP requirements. Section status are also not applicable applicable for purposes of redesignation 110(a) of title I of the CAA contains the requirements for purposes of under Part D of Title I of the CAA general requirements for a SIP. General redesignation. A state remains subject to (requirements specific to Subpart 1 SIP elements and requirements are these requirements after an area is nonattainment areas), in accordance delineated in section 110(a)(2). These redesignated to attainment. We with section 107(d)(3)(E)(v). In addition, requirements include, but are not conclude that only the section 110 and we have determined that the Indiana limited to, the following: Submittal of a part D requirements which are linked SIP is fully approved with respect to all SIP that has been adopted by the state with a particular area’s designation and applicable requirements for purposes of after reasonable public notice and classification are the relevant measures redesignation, in accordance with hearing; enforceable emission in evaluating a redesignation request. section 107(d)(3)(E)(ii). In making these limitations and other control measures, This approach is consistent with EPA’s determinations, we have ascertained means or techniques; provisions for existing policy on applicability of what SIP requirements are applicable to establishment and operation of conformity and oxygenated fuels the areas for purposes of redesignation, appropriate devices, methods, systems requirements for redesignation and have determined that the portions and procedures necessary to monitor purposes, as well as with section 184 of the SIP meeting these requirements ambient air quality; implementation of a ozone transport requirements. See are fully approved under section 110(k) source permit program; provisions for Reading, Pennsylvania, proposed and of the CAA. As discussed more fully the implementation of part C, final rulemakings (61 FR 53174–53176, below, SIPs must be fully approved only Prevention of Significant Deterioration with respect to currently applicable (PSD) and part D, New Source Review 1 On October 27, 1998 (63 FR 57356), EPA issued requirements of the CAA. (NSR) permit programs; criteria for a NOX SIP call, requiring the District of Columbia stationary source emission control and 22 states, including Indiana, to reduce their a. Greene and Jackson Counties Have measures, monitoring, and reporting; statewide emissions of NOX in order to reduce the Met All Applicable Requirements Under provisions for air quality modeling; and transport of ozone and ozone. In compliance with Section 110 and Part D of the CAA EPA’s NOX SIP call, IDEM has developed rules provisions for public and local agency governing the control of NOX emissions from The September 4, 1992 Calcagni participation in planning and emission Electric Generating Units (EGUs), major non-EGU memorandum (see ‘‘Procedures for control rule development. industrial boilers, and major cement kilns. EPA Processing Requests to Redesignate Section 110(a)(2)(D) of the CAA approved Indiana’s rules as fulfilling Phase I of the NOX SIP Call on November 8, 2001 (66 FR 56465). Areas to Attainment,’’ Memorandum requires that SIPs contain certain On December 11, 2003 (68 FR 69025) EPA approved from John Calcagni, Director, Air measures to prevent sources in a state revisions to these rules.
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October 10, 1996), (62 FR 24826, May 7, deadline for any submissions required Counties of 1.46 and 1.65 tpd of VOC 1997); Cleveland-Akron-Lorain, Ohio, for purposes of redesignation, we have and 1.54 and 3.18 tpd of NOX, final rulemaking (61 FR 20458, May 7, determined that these requirements do respectively, based on the areas’ 2015 1996); and Tampa, Florida, final not apply to the Greene County and level of emissions. Greene and Jackson rulemaking (60 FR 62748, December 7, Jackson County areas for purposes of Counties must use the motor vehicle 1995). See also the discussion on this redesignation. emissions budgets from the issue in the Cincinnati ozone Furthermore, EPA has determined maintenance plan in any conformity redesignation (65 FR 37890, June 19, that areas being redesignated need not determination that is effective on or 2000), and in the Pittsburgh ozone comply with the requirement that a NSR after the effective date of the redesignation (66 FR 50399, October 19, program be approved prior to maintenance plan approval. 2001). redesignation, provided that the area EPA believes that it is reasonable to We believe that section 110 elements demonstrates maintenance of the interpret the conformity SIP not linked to the area’s nonattainment standard without part D NSR, since PSD requirements as not applying for status are not applicable for purposes of requirements will apply after purposes of evaluating the redesignation redesignation. Any section 110 redesignation. A more detailed rationale request under section 107(d) for two requirements that are linked to the part for this view is described in a reasons. First, the requirement to submit D requirements for 8-hour ozone memorandum from Mary Nichols, SIP revisions to comply with the nonattainment areas are not yet due, Assistant Administrator for Air and conformity provisions of the CAA since, as explained below, no Part D Radiation, dated October 14, 1994, continues to apply to areas after requirements applicable for purposes of entitled, ‘‘Part D New Source Review redesignation to attainment since such redesignation under the 8-hour standard Requirements for Areas Requesting areas would be subject to a section 175A became due prior to submission of the Redesignation to Attainment.’’ Indiana maintenance plan. Second, EPA’s redesignation requests. Therefore, as has demonstrated that the areas will be Federal conformity rules require the discussed above, for purposes of able to maintain the standard without performance of conformity analyses in redesignation, they are not considered part D NSR in effect, and therefore, EPA the absence of Federally-approved state applicable requirements. concludes that the State need not have rules. Therefore, because areas are Part D Requirements. EPA has a fully approved part D NSR program subject to the conformity requirements determined that the Indiana SIP meets prior to approval of the redesignation regardless of whether they are applicable SIP requirements under part request. The State’s PSD program will redesignated to attainment and must D of the CAA since no requirements become effective in Greene and Jackson implement conformity under Federal applicable for purposes of redesignation Counties upon redesignation to rules if state rules are not yet approved, became due for the 8-hour ozone attainment. See rulemakings for Detroit, EPA believes it is reasonable to view standard prior to submission of the Michigan (60 FR 12467–12468, March 7, these requirements as not applying for Greene County or Jackson County 1995); Cleveland-Akron-Lorain, Ohio purposes of evaluating a redesignation redesignation request. Under part D, an (61 FR 20458, 20469–20470, May 7, request. See Wall v. EPA, 265 F.3d 426 area’s classification determines the 1996); Louisville, Kentucky (66 FR (6th Cir. 2001), upholding this requirements to which it will be subject. 53665, October 23, 2001); and Grand interpretation. See also 60 FR 62748 Subpart 1 of part D, found in sections Rapids, Michigan (61 FR 31834–31837, (Dec. 7, 1995) (Tampa, Florida). Thus, 172–176 of the CAA, sets forth the basic June 21, 1996). the areas have satisfied all applicable nonattainment requirements applicable Section 176 conformity requirements. requirements under section 110 and part to all nonattainment areas. Section 182 Section 176(c) of the CAA requires D of the CAA. of the CAA, found in subpart 2 of part states to establish criteria and D, establishes additional specific procedures to ensure that Federally- b. Greene and Jackson Counties Have a requirements depending on the area’s supported or funded activities, Fully Approved Applicable SIP Under nonattainment classification. Greene including highway projects, conform to Section 110(k) of the CAA and Jackson Counties were both the air quality planning goals in the EPA has fully approved the Indiana classified as subpart 1 nonattainment applicable SIPs. The requirement to SIP for Greene and Jackson Counties areas, and therefore subpart 2 determine conformity applies to under section 110(k) of the CAA for all requirements do not apply. transportation plans, programs and requirements applicable for purposes of Part D, Subpart 1 applicable SIP projects developed, funded or approved redesignation. EPA may rely on prior requirements. For purposes of under Title 23 U.S.C. and the Federal SIP approvals in approving a evaluating these redesignation requests, Transit Act (transportation conformity) redesignation request (See the the applicable part D, subpart 1 SIP as well as to all other Federally- September 4, 1992 John Calcagni requirements for Greene and Jackson supported or funded projects (general memorandum, page 3, Southwestern Counties are contained in sections conformity). State conformity revisions Pennsylvania Growth Alliance v. 172(c)(1)–(9). A thorough discussion of must be consistent with Federal Browner, 144 F.3d 984, 989–990 (6th the requirements contained in section conformity regulations relating to Cir. 1998), Wall v. EPA, 265 F.3d 426 172 can be found in the General consultation, enforcement and (6th Cir. 2001)) plus any additional Preamble for Implementation of Title I enforceability that the CAA required the measures it may approve in conjunction (57 FR 13498, April 16, 1992). EPA to promulgate. with a redesignation action. See 68 FR No requirements applicable for EPA approved Indiana’s general 25426 (May 12, 2003). Since the passage purposes of redesignation under part D conformity SIP on January 14, 1998 (63 of the CAA of 1970, Indiana has adopted became due prior to submission of the FR 2146). Indiana does not have a and submitted, and EPA has fully redesignation requests, and, therefore, Federally approved transportation approved, provisions addressing the none is applicable to the area for conformity SIP. However, conformity various required SIP elements purposes of redesignation. Since the analyses are performed pursuant to applicable to Greene and Jackson State of Indiana has submitted complete EPA’s Federal conformity rules. Indiana Counties under the 1-hour ozone ozone redesignation requests for Greene has submitted on-highway motor standard. No Greene or Jackson County and Jackson Counties prior to the vehicle budgets for Greene and Jackson area SIP provisions are currently
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disapproved, conditionally approved, or Reasonably Available Control b. Emission Reductions partially approved. As indicated above, Technology (RACT). Greene and Jackson Indiana is using 1999 for the EPA believes that the section 110 Counties were not previously required nonattainment inventory. Emissions elements not connected with to be covered by RACT regulations for estimates were taken directly from the nonattainment plan submissions and existing sources under the CAA. National Emissions Inventory (NEI), not linked to the area’s nonattainment However, Indiana has implemented with the following exceptions. Point status are not applicable requirements statewide RACT controls through the source emissions information was for purposes of redesignation. EPA also following regulations: compiled from IDEM’s 1999 annual believes that since the part D emissions statement database. Onroad requirements applicable for purposes of 326 IAC 8–1–6 Best Available Control emissions for Jackson county were redesignation did not become due prior Technology (BACT) for some Sources; calculated using MOBILE 6.2. to submission of the redesignation 326 IAC 8–2 Surface Coating Emission For comparison, IDEM developed an request, they also are, therefore, not Limitations; inventory for 2002, one of the years the applicable requirements for purposes of 326 IAC 8–3 Organic Solvent area monitored attainment of the 8-hour redesignation. Degreasing Operations; NAAQS. The point source sector 3. The Improvement in Air Quality Is 326 IAC 8–4 Petroleum Sources; and information was compiled from IDEM’s Due to Permanent and Enforceable 326 IAC 8–5 Miscellaneous Operations 2002 annual emissions statement Reductions in Emissions Resulting From database and the 2002 EPA Air Markets Implementation of the SIP and NOX rules. In compliance with EPA’s acid rain database. The area source Applicable Federal Air Pollution NOX SIP call, Indiana developed rules sector information was taken from the Control Regulations and Other to control NOX emissions from Electric Indiana 2002 periodic inventory Permanent and Enforceable Reductions. Generating Units (EGUs), major non- submitted to EPA. These projections (Section 107(d)(3)(E)(iii)) EGU industrial boilers, and major were made from the U.S. Department of cement kilns. These rules required EPA believes that Indiana has Commerce Bureau of Economic sources to begin reducing NOX Analysis growth factors with some demonstrated that the observed air emissions in 2004, with emission quality improvement in Greene and updated local information. The nonroad reductions increasing to 31 percent sector emission estimates were Jackson Counties is due to permanent statewide by 2007. It should be noted and enforceable reductions in emissions developed using NONROAD with the that statewide NOX emissions actually following modifications. Emissions resulting from implementation of the began to decline in 2002 as sources SIP, Federal measures, and other State- were estimated for two nonroad phased in emission controls needed to categories not included in NONROAD, adopted measures. comply with the State’s NO emission In making this demonstration, the X commercial marine vessels and control regulations. From 2004 on, NO State has calculated the change in X railroads. Recreational motorboat emissions from EGUs are capped at a emissions between 1999 and 2002, one population and spatial surrogates (used statewide total well below pre-2002 of the years Greene and Jackson to assign emissions to each county) were levels. It should be noted that NO Counties monitored attainment. The X updated. The populations for the emissions are expected to further reduction in emissions and the construction equipment category were decline as the State meets the corresponding improvement in air reviewed and updated based upon requirements of EPA’s Phase II NO SIP quality over this time period can be X surveys completed in the Midwest and call (69 FR 21604). attributed to a number of regulatory the temporal allocation for agricultural control measures that Indiana has Federal Emission Control Measures. sources was also updated. The onroad implemented in recent years. Greene Reductions in VOC and NOX emissions sector emissions were calculated using and Jackson Counties are both rural and have occurred statewide as a result of MOBILE 6.2. their air quality is significantly Federal emission control measures, with Based on the inventories described impacted by the transport of ozone from additional emission reductions expected above, Indiana’s submittal documents upwind counties. Therefore, local to occur in the future as additional changes in VOC and NOX emissions controls as well as controls emission controls are implemented. from 1999 to 2002 for Greene and implemented in upwind counties are Federal emission control measures have Jackson Counties. IDEM also relevant to the improvement in air included: the National Low Emission documented this information for quality in both Greene and Jackson Vehicle (NLEV) program, Tier 2 upwind areas in Southwest (Daviess, Counties. emission standards for vehicles, Dubois, Gibson, Knox, Martin, Pike, gasoline sulfur limits, and heavy-duty Vanderburgh and Warrick Counties) and a. Permanent and enforceable controls diesel engine standards. In addition, in South central (Clark, Floyd, Harrison, implemented. 2004, EPA issued the Clean Air Non- Jefferson and Scott Counties) Indiana. The following is a discussion of road Diesel Rule (69 FR 38958). This (We will refer to these areas, permanent and enforceable measures rule will reduce off-road diesel collectively, as Southern Indiana.) that have been implemented in the emissions through 2010, with emission Emissions data are shown in Tables 3 areas: reductions starting in 2008. 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
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TABLE 3.—TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 1999 IN TONS PER SUMMER DAY (TPSD)— Continued
Greene Jackson Southern Indiana
VOC NOX VOC NOX VOC NOX
Onroad ...... 2.44 3.83 4.02 10.30 48.72 73.09
Total ...... 9.44 6.55 15.35 15.06 193.40 585.59
TABLE 4.—TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 2002 IN TONS PER SUMMER DAY (TPSD)
Greene Jackson Southern Indiana
VOC NOX VOC NOX VOC NOX
Point ...... 0.51 0.68 1.72 0.62 28.07 385.62 Area ...... 3.73 0.25 5.91 0.72 69.95 9.11 Nonroad ...... 1.43 1.61 1.11 2.93 20.42 26.13 Onroad ...... 2.74 3.41 3.33 8.30 43.23 72.58
Total ...... 8.41 5.95 12.07 12.57 161.67 493.44
TABLE 5.—COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS FOR GREENE COUNTY (TPSD)
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 by 3.28 tpd and NOX emissions by 2.49 19.79 tpd and NOX emissions by 72.71 reduced VOC emissions by 1.03 tpd and tpd between 1999 and 2002. Table 7 tpd between 1999 and 2002. NOX emissions by 0.60 tpd between shows that the upwind area in Southern Based on the information summarized 1999 and 2002. Table 6 shows that Indiana reduced VOC emissions by above, Indiana has adequately Jackson County reduced VOC emissions demonstrated that the improvement in
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air quality is due to permanent and Under section 175A, the plan must maintenance plan should address the enforceable emissions reductions. demonstrate continued attainment of following items: the attainment VOC the applicable NAAQS for at least ten 4. The Area Has a Fully Approved and NOX emissions inventories, a Maintenance Plan Pursuant to Section years after the Administrator approves a maintenance demonstration showing 175a of the CAA. (Section redesignation to attainment. Eight years maintenance for the ten years of the 107(d)(3)(E)(iv)) after the redesignation, the State must maintenance period, a commitment to submit a revised maintenance plan maintain the existing monitoring In conjunction with its requests to which demonstrates that attainment will network, factors and procedures to be redesignate the Greene County and continue to be maintained for ten years used for verification of continued Jackson County nonattainment areas to following the initial ten-year attainment of the NAAQS, and a attainment status, Indiana submitted SIP maintenance period. To address the contingency plan to prevent or correct revisions to provide for the maintenance possibility of future NAAQS violations, future violations of the NAAQS. of the 8-hour ozone NAAQS in Greene the maintenance plan must contain and Jackson Counties for at least 10 contingency measures with a schedule b. Attainment Inventory years after redesignation. for implementation as EPA deems The State developed an inventory for a. What Is Required in a Maintenance necessary to assure prompt correction of 2002, one of the years the area Plan? any future 8-hour ozone violations. monitored attainment of the 8-hour Section 175A of the CAA sets forth The September 4, 1992 John Calcagni NAAQS. Inventory methodology is the required elements of a maintenance memorandum provides additional described in section 3 above. The plan for areas seeking redesignation guidance on the content of a attainment level of emissions are from nonattainment to attainment. maintenance plan. An ozone 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 demonstration consists of a combination emissions were projected using Mobile of emissions projections and modeling. 6.2 in accordance with ‘‘Procedures for As part of the redesignation requests, A maintenance demonstration need not Preparing Emissions Projections,’’ EPA– IDEM submitted revisions to the 8-hour be based on modeling. See Wall v. EPA, 45/4–91–019. Emissions for the point, ozone SIPs to include 10-year 265 F.3d 426 (6th Cir. 2001), Sierra Club area and nonroad sectors were projected maintenance plans as required by v. EPA, 375 F. 3d 537 (7th Cir. 2004). using growth and control files section 175A of the Clean Air Act. For See also 66 FR 53094, 53099–53100 developed by the Midwest Regional Greene County, this demonstration (October 19, 2001), 68 FR 25430–25432 Planning Organization. This method shows maintenance of the 8-hour ozone (May 12, 2003). was used to ensure that the inventories standard by assuring that current and Using the 2002 attainment inventory used for redesignation are consistent future emissions of VOC and NOX as the base year, IDEM developed with modeling performed in the future. remain at or below attainment year projected emissions inventories for 2010 These emission estimates are presented emission levels. For Jackson County this and 2015. Onroad mobile source in Tables 9–11 below.
TABLE 9.—COMPARISON OF 2002–2015 VOC AND NOX EMISSIONS FOR GREENE COUNTY (TPSD)
VOC NOX Sector Net Net 2002 2010 2015 change 2002 2010 2015 change 2002–2015 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
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TABLE 10.—COMPARISON OF TOTAL 2002–2015 VOC AND NOX EMISSIONS FOR JACKSON COUNTY (TPSD)
VOC NOX Sector Net Net 2002 2010 2015 change 2002 2010 2015 change 2002–2015 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 Net 2002 2010 2015 change 2002 2010 2015 change 2002–2015 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 sulfur fuels to support the final assessment. LADCO has performed Greene County emissions are not rulemaking for the Heavy Duty Engine ozone modeling to evaluate the effect of expected to exceed the level of the 2002 (HDE) and Vehicle Standards and the NOX SIP call and Tier II/Low Sulfur attainment year inventory during the 10- Highway Diesel Fuel Rule. This Fuel Rule on 2007 ozone levels in the year maintenance period. Greene modeling, in part, addressed ozone Lake Michigan area, which includes County VOC and NOX emissions are levels in Indiana, including Greene and Greene and Jackson Counties as well as projected to decrease by 0.76 tpd and Jackson Counties. A base year of 1996 Southern Indiana. Like the EPA 2.59 tpd, respectively. In Jackson was modeled, and the impacts of fuel modeling discussed above, this County, NOX emissions are projected to changes and the NOX SIP call were modeling indicates that the 2001–2003 decrease by 5.25 tpd. Although VOC addressed for high ozone episodes in ozone design values for the Greene and emissions are projected to increase by 1995. The modeling supports the Jackson County monitoring sites would 0.54 tpd, total ozone precursors should conclusion that the fuel improvements be reduced to below-standard levels in decrease by 4.71 tpd. In addition, and the NOX SIP call result in 2007 as the result of implementing the emissions in the upwind area of significant ozone improvements (lower NOX SIP call and the Tier II/Low Sulfur Southern Indiana are projected to projected ozone concentrations) in Fuel Rule. decrease by 194.48 tpd for NOX and Jackson and Greene Counties. Using the EPA modeling analysis for the Clean increase by 2.06 tpd for VOC, a 192.42 modeling results to determine Relative Air Interstate Rules (CAIR). EPA tpd decrease in total ozone precursors. Reduction Factors(RRFs) 2 and conducted modeling in support of the Although VOC emissions are considering the 2001–2003 ozone design CAIR rulemaking. The modeling was projected to increase slightly over the values for Greene and Jackson Counties based on 1999–2003 design values. maintenance period in Jackson County (89 ppb and 85 ppb, respectively), IDEM Future year modeling was conducted for and in Southern Indiana, the dramatic projected the 2007 ozone design values Greene and Jackson Counties and future reduction in NOX emissions over the for Greene and Jackson Counties to be year design values for 2010 and 2015 same time period has been 81.4 ppb and 78.6 ppb, respectively. were evaluated for attainment of the 8- demonstrated, through modeling, to be Therefore, the NOX SIP call and the fuel hour ozone NAAQS. Results of the CAIR more than sufficient to maintain the modifications considered in the ozone modeling show that Greene and Jackson standard. IDEM notes that available modeling were found to significantly Counties will continue to attain the 8- modeling data demonstrate that Jackson improve the ozone levels in Greene and hour ozone NAAQS in 2010. With and Greene Counties are significantly Jackson Counties. additional CAIR reductions in 2015, impacted by ozone and ozone precursor Lake Michigan Air Directors design values continue to decrease. transport and that NOX emission Consortium (LADCO) modeling analysis As part of its maintenance plan, the reductions are significantly beneficial for the 8-hour ozone standard State elected to include a ‘‘safety for reducing 8-hour ozone margin’’ for the areas. A ‘‘safety margin’’ concentrations in both counties. IDEM 2 Relative Reduction Factors are fractional is the difference between the attainment draws the following conclusions from changes in peak ozone concentrations projected to level of emissions (from all sources) and the various ozone modeling analyses occur as the result of assumed changes in precursor the projected level of emissions (from that have addressed the Midwest: emissions resulting from the implementation of all sources) in the maintenance plan emission control strategies. Relative Reduction EPA modeling analysis for the Heavy Factors are derived through ozone modeling and are which continues to demonstrate Duty Engine rule. EPA conducted applied to monitored peak ozone concentrations to attainment of the standard. The modeling for Tier II vehicle and low- project post-control peak ozone levels. attainment level of emissions is the
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level of emissions during one of the assess emission trends and assure trend, the procedures for emission years in which the area met the NAAQS. continued attainment of the 8-hour control selection under the Action Level For example, Greene and Jackson ozone standard. response will be followed. Counties attained the 8-hour ozone f. Contingency Plan An Action Level response will occur NAAQS during the 2002–2004 time when a two-year average annual fourth- period. Indiana uses 2002 as the The contingency plan provisions are high monitored daily peak 8-hour ozone attainment level of emissions for the designed to promptly correct or prevent concentration of 85 ppb occurs at any areas. The emissions from point, area, a violation of the NAAQS that might monitor in the ozone maintenance area. nonroad, and mobile sources in 2002 occur after redesignation of an area to A violation of the standard (a 3-year equaled 8.41 tpd of VOC for Greene attainment. Section 175A of the CAA average of the annual fourth-highest County. Projected VOC emissions out to requires that a maintenance plan daily maximum 8-hour average ozone the year 2015 equaled 7.65 tpd of VOC. include such contingency measures as concentration of 85 ppb or greater) also The SIP demonstrates that Greene EPA deems necessary to assure that the triggers an Action Level response. In County will continue to maintain the State will promptly correct a violation this situation, IDEM will determine the standard with emissions at this level. of the NAAQS that might occur after additional emission control measures The safety margin for VOC is calculated redesignation. The maintenance plan needed to assure future attainment of to be the difference between these should identify the contingency the 8-hour ozone NAAQS. IDEM will amounts or, in this case, 0.76 tpd of measures to be adopted, a schedule and focus on emission control measures that VOC for 2015. By this same method, procedure for adoption and can be implemented in a short time, and 2.59 tpd (i.e., 5.95 tpd less 3.36 tpd) is implementation of the contingency selected emission control measures will measures, and a time limit for action by the safety margin for NOX for 2015. For be adopted and implemented within 18 Jackson County, 5.25 tpd (i.e., 12.57 tpd the state. The state should also identify months from the close of the ozone specific indicators to be used to less 7.37 tpd) is the safety margin for season with ozone monitoring data that determine when the contingency NOX for 2015. States are not required to prompted the Action Level Response. measures need to be adopted and establish safety margins, and Indiana Adoption of any additional emission implemented. The maintenance plan did not include one for 2015 VOC control measures will be subject to the must include a requirement that the emissions for Jackson County. The necessary administrative and legal state will implement all measures with emissions are projected to maintain the procedures, including publication of respect to control of the pollutant(s) that area’s air quality consistent with the notices and the opportunity for public were contained in the SIP before NAAQS. The safety margin, or a portion comment and response. If a new redesignation of the area to attainment. thereof, can be allocated to any of the emission control measure is adopted by source categories, as long as the total See section 175A(d) of the CAA. As required by section 175A of the the State (independent of the ozone attainment level of emissions is contingency needs) or is adopted at a maintained. CAA, Indiana has adopted contingency plans for Greene and Jackson Counties Federal level and is scheduled for d. Monitoring Network to address a possible future ozone air implementation in a time frame that Indiana currently operates one ozone quality problem. The contingency plans will mitigate an ozone air quality monitor in Greene County and one adopted by Indiana have two levels of problem, IDEM will determine whether monitor in Jackson County. IDEM has responses, depending on whether a this emission control measure is committed to continue operating and violation of the 8-hour ozone standard sufficient to address the ozone air maintaining an approved ozone monitor is only threatened (Warning Level) or quality problem. If IDEM determines network in accordance with 40 CFR part has occurred or is imminent (Action that existing or soon-to-be-implemented 58. Level). emissions control measures should be A Warning Level response will occur adequate to correct the ozone standard e. Verification of Continued Attainment when an annual (1-year) fourth-high violation problem, IDEM may determine Continued attainment of the ozone monitored daily peak 8-hour ozone that additional emission control NAAQS in Greene and Jackson Counties concentration of 88 ppb or higher is measures at the State level may be depends, in part, on the State’s efforts monitored in a single ozone season at unnecessary. Regardless, IDEM will toward tracking indicators of continued any monitor within the ozone submit to the EPA an analysis to attainment during the maintenance maintenance area. A Warning Level demonstrate that proposed emission period. The State’s plan for verifying response will consist of Indiana control measures are adequate to continued attainment of the 8-hour performing a study to determine provide for future attainment of the 8- standard in Greene and Jackson whether the high ozone concentration hour ozone NAAQS in a timely manner. Counties consists of plans to continue indicates a trend toward high ozone EPA notes that it is construing this ambient ozone monitoring in levels or whether emissions are provision to require that any non- accordance with the requirements of 40 increasing. If a trend toward higher Federal control measure relied upon in CFR part 58. In addition, IDEM will ozone concentrations exists and is likely lieu of a contingency measure be periodically revise and review the VOC to continue, the emissions control included in the State SIP or be and NOX emissions inventories for measures necessary to reverse the trend submitted to EPA for approval into the Greene and Jackson Counties to ensure will be determined taking into SIP. that emissions growth is not threatening consideration ease and timing of Contingency measures contained in the continued attainment of the 8-hour implementation, as well as economic the maintenance plans are those ozone standard. Emissions inventories and social considerations. The study, emission controls or other measures that will be revised for 2005, 2008, and 2011, including applicable recommended next Indiana may choose to adopt and as necessary to comply with the steps, will be completed within 12 implement to correct possible air quality emissions inventory reporting months from the close of the ozone problems. These include, but are not requirements of the CAA. The updated season with the recorded high ozone limited to, the following: emissions inventories will be compared concentration. If emission controls are i. Lower Reid vapor pressure gasoline to the 2002 emissions inventories to needed to reverse the adverse ozone requirements;
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ii. Broader geographic applicability of B. Adequacy of Indiana’s Motor Vehicle used by state and federal agencies in existing emission control measures; Emissions Budgets (MVEBs) determining whether proposed transportation projects conform to the iii. Tightened RACT requirements on 1. How Are MVEBs Developed and SIP as required by section 176(c) of the existing sources covered by EPA Control What Are the MVEBs for Greene and Clean Air Act. EPA’s substantive criteria Technique Guidelines (CTGs) issued in Jackson Counties? response to the 1990 CAA amendments; for determining the adequacy of MVEBs Under the CAA, states are required to are set out in 40 CFR 93.118(e)(4). iv. Application of RACT to smaller submit, at various times, control strategy EPA’s process for determining existing sources; SIP revisions and ozone maintenance adequacy of a MVEB consists of three v. Vehicle Inspection and plans for applicable areas (for ozone basic steps: (1) Providing public Maintenance (I/M); nonattainment areas and for areas notification of a SIP submission; (2) seeking redesignations to attainment of providing the public the opportunity to vi. One or more Transportation the ozone standard). These emission comment on the MVEB during a public Control Measure (TCM) sufficient to control strategy SIP revisions (e.g., comment period; and (3) EPA’s finding achieve at least a 0.5 percent reduction reasonable further progress SIP and of adequacy. The process of determining in actual area wide VOC emissions, to attainment demonstration SIP revisions) the adequacy of submitted SIP MVEBs be selected from the following: and ozone maintenance plans create was initially outlined in EPA’s May 14, A. Trip reduction programs, MVEBs based on onroad mobile source 1999 guidance, ‘‘Conformity Guidance including, but not limited to, employer- emissions for criteria pollutants and/or on Implementation of March 2, 1999, based transportation management plans, their precursors to address pollution Conformity Court Decision.’’ This area wide rideshare programs, work from cars and trucks. The MVEBs are guidance was finalized in the schedule changes, and telecommuting; the portions of the total allowable Transportation Conformity Rule B. Transit improvements; emissions that are allocated to highway Amendments for the ‘‘New 8-Hour and transit vehicle use that, together Ozone and PM2.5 National Ambient Air C. Traffic flow improvements; and with emissions from other sources in Quality Standards and Miscellaneous D. Other new or innovative the area, will provide for attainment or Revisions for Existing Areas; transportation measures not yet in maintenance. Transportation Conformity Rule widespread use that affect State and Under 40 CFR part 93, a MVEB for an Amendments—Response to Court local governments as deemed area seeking a redesignation to Decision and Additional Rule Change,’’ appropriate; attainment is established for the last published on July 1, 2004 (69 FR year of the maintenance plan. The vii. Alternative fuel and diesel retrofit 40004). EPA follows this guidance and MVEB serves as a ceiling on emissions programs for fleet vehicle operations; rulemaking in making its adequacy from an area’s planned transportation determinations. viii. Controls on consumer products system. The MVEB concept is further Greene and Jackson Counties’ 10-year consistent with those adopted elsewhere explained in the preamble to the maintenance plan submissions contain in the United States; November 24, 1993, transportation new VOC and NOX MVEBs for 2015. ix. VOC or NOX emission offsets for conformity rule (58 FR 62188). The The availability of the SIP submissions new or modified major sources; preamble also describes how to with these 2015 MVEBs was announced establish the MVEB in the SIP and how for public comment on EPA’s Adequacy x. VOC or NO emission offsets for X to revise the MVEB if needed. Web page on August 2, 2005, at: new or modified minor sources; Under section 176(c) of the CAA, new http://www.epa.gov/otaq/transp/ xi. Increased ratio of emission offset transportation projects, such as the conform/currsips.htm. The EPA public required for new sources; and, construction of new highways, must comment period on adequacy of the ‘‘conform’’ to (i.e., be consistent with) xii. VOC or NOX emission controls on 2015 MVEBs for Greene and Jackson the part of the SIP that addresses new minor sources (with VOC or NOX Counties closed on September 1, 2005. emissions less than 100 tons per year). emissions from cars and trucks. No requests for this submittal or adverse Conformity to the SIP means that comments on this submittal were g. Provisions for Future Updates of the transportation activities will not cause received during the Adequacy comment Ozone Maintenance Plan new air quality violations, worsen period. On October 20, 2005 (70 FR existing air quality violations, or delay 31128), EPA published notices of As required by section 175A(b) of the timely attainment of the NAAQS. If a adequacy to notify the public that we CAA, Indiana commits to submit to the transportation plan does not conform, had found the 2015 MVEBs to be EPA updates of the ozone maintenance most new transportation projects that adequate for use in transportation plans eight years after redesignation of would expand the capacity of roadways conformity analyses. Greene and Jackson Counties to cover an cannot go forward. Regulations at 40 EPA, through this rulemaking, is additional 10-year period beyond the CFR part 93 set forth EPA policy, approving the MVEBs for use to initial 10-year maintenance period. criteria, and procedures for determine transportation conformity in EPA has concluded that the demonstrating and assuring conformity Greene and Jackson Counties because maintenance plans adequately address of such transportation activities to a SIP. EPA has determined that the areas can the five basic components of a When reviewing SIP revisions maintain attainment of the 8-hour ozone maintenance plan: attainment containing MVEBs, including NAAQS for the relevant 10-year period inventory, maintenance demonstration, attainment strategies, rate-of-progress with mobile source emissions at the monitoring network, verification of plans, and maintenance plans, EPA levels of the MVEBs. IDEM has continued attainment, and a must affirmatively find that the MVEBs determined the 2015 MVEBs for Greene contingency plan. The maintenance are ‘‘adequate’’ for use in determining County to be 1.46 tpd for VOC and 1.54 plan SIP revisions submitted by Indiana transportation conformity. Once EPA tpd for NOX. It should be noted that for Greene and Jackson Counties meet affirmatively finds the submitted these MVEBs exceed the onroad mobile the requirements of section 175A of the MVEBs to be adequate for transportation source VOC and NOX emissions CAA. conformity purposes, the MVEBs are projected by IDEM for 2015, as
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summarized in Table 9 above (‘‘onroad’’ well within the safety margins of the VIII. Statutory and Executive Order source sector). IDEM decided to include ozone maintenance demonstration. Reviews safety margins (described further below) Further, once allocated to mobile of 0.13 tpd of VOC and 0.14 tpd for NO Executive Order 12866; Regulatory X sources, these safety margins will not be Planning and Review in the MVEBs to provide for mobile available for use by other sources. source growth. Indiana has Under Executive Order 12866 (58 FR VII. Final Actions demonstrated that Greene County can 51735, October 4, 1993), this action is maintain the 8-hour ozone NAAQS with EPA is making determinations that not a ‘‘significant regulatory action’’ and mobile source emissions of 1.46 tpd of Greene and Jackson Counties have therefore is not subject to review by the VOC and 1.54 tpd of NOX in 2015, Office of Management and Budget. including the allocated safety margins, attained the 8-hour ozone NAAQS, and since emissions will still remain under EPA is approving the redesignations of Executive Order 13211: Actions That attainment year emission levels. Greene and Jackson Counties from Significantly Affect Energy Supply, IDEM has determined the 2015 nonattainment to attainment for the 8- Distribution, or Use MVEBs for Jackson County to be 1.65 hour ozone NAAQS. After evaluating Because it is not a ‘‘significant tpd for VOC and 3.18 tpd for NOX. It Indiana’s redesignation requests, EPA should be noted that the MVEB exceeds has determined that they meet the regulatory action’’ under Executive Order 12866 or a ‘‘significant energy the onroad mobile source NOX redesignation criteria set forth in section emissions projected by IDEM for 2015, 107(d)(3)(E) of the CAA. The final action,’’ this action is also not subject to as summarized in Table 10 above approvals of these redesignation Executive Order 13211, ‘‘Actions Concerning Regulations That (‘‘onroad’’ source sector). IDEM decided requests would change the official Significantly Affect Energy Supply, to include a safety margin of 0.15 tpd for designations for Greene and Jackson Distribution, or Use’’ (66 FR 28355, May NOX in the MVEB to provide for mobile Counties from nonattainment to 22, 2001). source growth. Indiana has attainment for the 8-hour ozone demonstrated that Jackson County can standard. Regulatory Flexibility Act maintain the 8-hour ozone NAAQS with mobile source emissions of 3.18 tpd of EPA is also approving the This action merely approves state law NOX in 2015, including the allocated maintenance plan SIP revisions for as meeting Federal requirements and safety margin, since NOX emissions will Greene and Jackson Counties. Approval imposes no additional requirements still remain under attainment year of the maintenance plans is based on beyond those imposed by state law. emission levels. Indiana’s demonstration that the plans Redesignation of an area to attainment meet the requirements of section 175A 2. What Is a Safety Margin? under section 107(d)(3)(E) of the Clean of the CAA, as described more fully Air Act does not impose any new A ‘‘safety margin’’ is the difference above. Additionally, EPA is finding requirements on small entities. between the attainment level of adequate and approving the 2015 Redesignation is an action that affects emissions (from all sources) and the MVEBs submitted by Indiana in the status of a geographical area and projected level of emissions (from all conjunction with the redesignation does not impose any new regulatory sources) in the maintenance plan. As requests. requirements on sources. Accordingly, noted in Table 9, Greene County VOC the Administrator certifies that this rule We are publishing these actions and NOX emissions are projected to will not have a significant economic without prior proposal because we view have safety margins of 0.76 tpd for VOC impact on a substantial number of small these actions as noncontroversial and and 2.59 tpd for NOX in 2015 (the entities under the Regulatory Flexibility difference between the attainment year, anticipate no adverse comments. Act (5 U.S.C. 601 et seq.). 2002, emissions and the 2015 emissions However, in the proposed rules section for all sources in Greene County). As of this Federal Register publication, we Unfunded Mandates Reform Act noted in Table 10, Jackson County NOX are publishing a separate document that Because this rule approves pre- emissions are projected to have a safety will serve as the proposal to approve the existing requirements under state law margin of 5.25 tpd. Even if emissions redesignations and maintenance plans if and does not impose any additional reached the full level of the safety relevant adverse written comments are margin, the counties would still enforceable duty beyond that required filed. These rules will be effective by state law, it does not contain any demonstrate maintenance since December 29, 2005 without further emission levels would equal those in unfunded mandate or significantly or notice unless we receive relevant uniquely affect small governments, as the attainment year. adverse written comments by December The MVEBs requested by IDEM described in the Unfunded Mandates 14, 2005. If we receive such comments contain safety margins for mobile Reform Act of 1995 (Pub. L. 104–4). with respect to an area addressed by this sources significantly smaller than the Executive Order 13175 Consultation allowable safety margins reflected in the rule, we will publish a timely withdrawal of the action affecting that and Coordination With Indian Tribal total emissions for Greene and Jackson Governments Counties. The State is not requesting area, informing the public that the rule allocation of the entire available safety will not take effect with respect to that This rule also does not have tribal margins reflected in the demonstration area. EPA will respond to the public implications because it will not have a of maintenance. Therefore, even though comments in a subsequent final rule substantial direct effect on one or more the State is requesting MVEBs that based on the proposed action for that Indian tribes, on the relationship exceed the onroad mobile source area. The EPA will not institute a between the Federal Government and emissions for 2015 contained in the second comment period. Any parties Indian tribes, or on the distribution of demonstration of maintenance, the interested in commenting on this action power and responsibilities between the increase in onroad mobile source should do so at this time. If we do not Federal Government and Indian tribes, emissions that can be considered for receive any comments, this action will as specified by Executive Order 13175 transportation conformity purposes is be effective December 29, 2005. (65 FR 67249, November 9, 2000).
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Executive Order 13132 Federalism that otherwise satisfies the provisions of § 52.777 Control strategy: Photochemical oxidants (hydrocarbons). This action also does not have the Clean Air Act. Redesignation is an Federalism implications because it does action that affects the status of a * * * * * not have substantial direct effects on the geographical area but does not impose (bb) Approval—On July 15, 2005, states, on the relationship between the any new requirements on sources. Thus, Indiana submitted requests to national government and the states, or the requirements of section 12(d) of the redesignate Greene and Jackson on the distribution of power and National Technology Transfer and Counties to attainment of the 8-hour responsibilities among the various Advancement Act of 1995 (15 U.S.C. ozone National Ambient Air Quality levels of government, as specified in 272 note) do not apply. Standard. These requests were Executive Order 13132 (64 FR 43255, Paperwork Reduction Act supplemented with submittals dated August 10, 1999). Redesignation is an September 6, 2005, September 7, 2005, action that merely affects the status of This rule does not impose an information collection burden under the October 6, 2005, and October 20, 2005. a geographical area, does not impose As part of the redesignation requests, any new requirements on sources, or provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). the State submitted maintenance plans allows a state to avoid adopting or as required by section 175A of the Clean implementing other requirements, and List of Subjects Air Act. Elements of the section 175 does not alter the relationship or the 40 CFR Part 52 maintenance plan include a contingency distribution of power and plan and an obligation to submit a responsibilities established in the Clean Environmental protection, Air subsequent maintenance plan revision Air Act. pollution control, Intergovernmental in 8 years as required by the Clean Air relations, Nitrogen dioxide, Ozone, Executive Order 13045 Protection of Act. Also included were motor vehicle Volatile organic compounds. Children From Environmental Health emission budgets for use to determine and Safety Risks 40 CFR Part 81 transportation conformity in Greene and Jackson Counties. The 2015 motor This rule also is not subject to Environmental protection, Air vehicle emission budgets for Greene Executive Order 13045 ‘‘Protection of pollution control, National parks, County are 1.46 tpd for VOC and 1.54 Children from Environmental Health Wilderness areas. tpd for NO . The 2015 motor vehicle Risks and Safety Risks’’ (62 FR 19885, X Dated: November 1, 2005. emission budgets for Jackson County are April 23, 1997), because it is not Bharat Mathur, 1.65 tpd for VOC and 3.18 tpd for NO . economically significant. X Acting Regional Administrator, Region 5. National Technology Transfer I Parts 52 and 81, chapter I, title 40 of PART 81—[AMENDED] Advancement Act the Code of Federal Regulations, are In reviewing SIP submissions, EPA’s amended as follows: I 1. The authority citation for part 81 role is to approve state choices, continues to read as follows: PART 52—[AMENDED] provided that they meet the criteria of Authority: 42 U.S.C. 7401 et seq. the Clean Air Act. In this context, in the I 1. The authority citation for part 52 absence of a prior existing requirement continues to read as follows: I 2. Section 81.315 is amended by for the state to use voluntary consensus revising the entries for the Greene Co., Authority: 42 U.S.C. 7401 et seq. standards (VCS), EPA has no authority IN and Jackson Co., IN areas in the table to disapprove a SIP submission for Subpart P—Indiana entitled ‘‘Indiana Ozone (8-Hour failure to use VCS. It would thus be Standard)’’ to read as follows: inconsistent with applicable law for I 2. Section 52.777 is amended by EPA, when it reviews a SIP submission, adding paragraph (bb) to read as § 81.315 Indiana. to use VCS in place of a SIP submission follows: * * * * *
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.
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* * * * * unless authorized by permit as well as hereby designated as Antarctic Specially [FR Doc. 05–22466 Filed 11–10–05; 8:45 am] the ACA’s blanket prohibition on Protected Areas (ASPA). The Antarctic BILLING CODE 6560–50–P damaging, removing or destroying a Conservation Act of 1978, as amended, Historic Site or Monument. No public prohibits, unless authorized by a permit, comment is needed the addition of these any person from entering or engaging in NATIONAL SCIENCE FOUNDATION areas or sites merely implements activities within an ASPA. Detailed measures adopted by the Treaty Parties maps and descriptions of the sites and 45 CFR Part 670 at various ATCM meetings. complete management plans can be Finally, these amendments correct obtained from the National Science Conservation of Antarctic Animals and typographical errors in the names and Foundation, Office of Polar Programs, Plants numerical listings of several specially National Science Foundation, Room protected areas previously published in AGENCY: National Science Foundation. 755, 4201 Wilson Boulevard, Arlington, § 670.29. Virginia 22230. ACTION: Direct final rule. Determinations ASPA 101 Taylor Rookery, Mac. SUMMARY: Pursuant to the Antarctic NSF has determined, under the Robertson Land, East Antarctica Conservation Act of 1978, The National ASPA 102 Rookery Islands, Holme criteria set forth in Executive Order Science Foundation (NSF) is amending Bay, Mac. Robertson Land, East 12866, that this rule is not a significant its regulations to designate additional Antarctica regulatory action requiring review by Antarctic Specially Protected Areas ASPA 103 Ardery Island and Odbert the Office of Management and Budget. (ASPA). Also, NSF is adding to this rule Island, Budd Coast, Wilkes Land, East This rule involves a foreign affairs in Antarctica designated by the Treaty Antarctica function of the United States and is, Parties as Antarctic Specially Managed ASPA 104 Sabrina Island, Balleny therefore, exempt from the notice Areas (ASMA) and Historical Sites or Islands requirements of section 553 of the Monuments (HSM). These additions ASPA 105 Beaufort Island, Ross Sea Administrative Procedures Act and from only reflect measures already adopted (see ASPA 124) by the Antarctic Treaty parties at regulatory flexibility analysis ASPA 106 Cape Hallett, Victoria Land Antarctic Treaty Consultative Meetings requirements of the Regulatory ASPA 107 Emperor Island, Dion (ATCM). Finally, the regulation is being Flexibility Act, 5 U.S.C. 601–612. Islands, Marguerite Bay, Antarctic revised to correct some typographical Although this rule is exempt from the Peninsula (see Measure 1, 2002) and numbering errors. Regulatory Flexibility Act, it has ASPA 108 Green Island, Berthelot nonetheless been determined that this DATES: November 14, 2005. Islands, Antarctic Peninsula rule will not have a significant impact ASPA 109 Moe Island, South Orkney FOR FURTHER INFORMATION CONTACT: on a substantial number of small Bijan Gilanshah, Office of the General Islands businesses. For purposes of the ASPA 110 Lynch Island, South Orkney Counsel, at 703–292–8060, National Paperwork Reduction Act (44 U.S.C. Science Foundation, 4201 Wilson Islands 3501 et seq.), these amendments to the ASPA 111 Southern Powell Island and Boulevard, Room 1265, Arlington, existing regulations do not change the Virginia 22230. adjacent Islands, South Orkney collection of information requirements Islands SUPPLEMENTARY INFORMATION: The contained in NSF’s existing regulations, ASPA 112 Coppermine Peninsula, Antarctic Conservation Act of 1978, as which have already been approved by Robert Island, South Shetland Islands amended, (‘‘ACA’’) (16 U.S.C. 2401 et the Office of Management and Budget. ASPA 113 Litchfield Island, Arthur seq.) implements the Protocol on List of Subjects in 45 CFR Part 670 Harbour, Anvers Island, Palmer Environmental Protection to the Archipelago Antarctic Treaty (‘‘the Protocol’’). Administrative practice and ASPA 114 Northern Coronation Island, Annex II of the Protocol contains procedure, Antarctica, Exports, Imports, South Orkney Islands provisions for conservation of native Plants, Reporting and recordkeeping ASPA 115 Lagotellerie Island, Antarctic plants and animals. Annex V requirements, Wildlife. Marguerite Bay, Antarctic Peninsula contains provisions for the protection of Dated: October 12, 2005. ASPA 116 ‘New College Valley’, specially designated areas. Section 2405 Lawrence Rudolph, Caughley Beach, Cape Bird, Ross of title 16 of the ACA directs the General Counsel. Island Director of the National Science ASPA 117 Avian Island, off Adelaide I Pursuant to the authority granted by Foundation to issue such regulations as Island, Antarctic Peninsula 16 U.S.C. 2405(a)(1), NSF hereby are necessary and appropriate to ASPA 118 ‘Cryptogam Ridge’, Mount amends 45 CFR Part 670 as set forth implement Annexes II and V to the Melbourne, Victoria Land Protocol. below: ASPA 119 Davis Valley and Forlidas The Antarctic Treaty Parties PART 670—[AMENDED] Pond Pond, Dufek Massif periodically adopt measures to establish ASPA 120 ‘Pointe-Ge´ologie additional specially protected areas, I 1. The authority citation for Part 670 Archipelego’, Terre Ade´lie specially managed areas and historical continues to read as follows: ASPA 121 Cape Royds, Ross Island sites or monuments in Antarctica. This Authority: 16 U.S.C. 2405, as amended. ASPA 122 Arrival Heights, Hut Point rule is being revised to add two I 2. Section 670.29 is revised to read as Peninsula, Ross Island additional Antarctic specially protected follows: ASPA 123 Barwick and Balham areas, all specially managed areas and a Valleys (see Measure 1, 2002), comprehensive list of designated § 670.29 Designation of Antarctic specially Victoria Land historical sites and monuments in protected areas, specially managed areas ASPA 124 Cape Crozier, Ross Island Antarctica. The revisions also reiterate and historic sites and monuments. ASPA 125 Fildes Peninsula, King the ACA’s prohibition on entering or The following areas have been George Island, South Shetland Islands engaging in activities within an designated by the Antarctic Treaty ASPA 126 Byers Peninsula, Livingston Antarctic Specially Protected Area Parties for special protection and are Island, South Shetland Islands
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