59600 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Proposed Rules 

2025 in the area. EPA is proposing to 

approve the 2006 emissions inventory 

for the Indianapolis area as meeting the 

comprehensive emissions inventory 

requirement of the CAA. Finally, EPA 

finds adequate and is proposing to 

approve Indiana’s Nitrogen Oxides 

(NOX) and PM2.5 Motor Vehicle 

Emission Budgets (MVEBs) for 2015 and 

2025 for the Indianapolis area. 

DATES: Comments must be received on 

or before October 27, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0839, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: Aburano.Douglas@epa.gov. 

3. Fax: (312) 408–2779. 

4. Mail: Doug Aburano, Chief, Control 

Strategies Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Doug Aburano, 

Chief, Control Strategies 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. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the 

determination of attainment, 

redesignation, and SIP as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

action and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: September 12, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–24375 Filed 9–26–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2008–0395; FRL–9469–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Redesignation of Lake and Porter 

Counties to Attainment of the Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In an April 3, 2008, submittal, 

supplemented on March 6, 2009, May 

26, 2011, and July 20, 2011, the Indiana 

Department of Environmental 

Management (IDEM) requested 

redesignation of the Lake and Porter 

Counties, Indiana portion (Lake and 

Porter Counties) of the Chicago-GaryLake County, Illinos-Indiana (IL–IN) 

nonattainment area (Greater Chicago 

nonattainment area) to attainment of the 

1997 annual fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS or standard). EPA is 

proposing to approve the redesignation 

request for Lake and Porter Counties, 

along with related Indiana State 

Implementation Plan (SIP) revisions, 

including the State’s plan for 

maintaining attainment of the PM2.5

standard in this area through 2025, 

because the request meets the statutory 

requirements for redesignation under 

the Clean Air Act (CAA). EPA is also 

proposing to approve Indiana’s 2025 

Nitrogen Oxides (NOX) and PM2.5 Motor 

Vehicle Emission Budgets (MVEBs) for 

Lake and Porter Counties, as well as the 

2005 PM2.5-related emissions 

inventories for this area. 

DATES: Comments must be received on 

or before October 27, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2008–0395, by one of the 

following methods: 

• http://http://www.regulations.gov: 

Follow the on-line instructions for 

submitting comments. 

• E-mail: Mooney.John@epa.gov. 

• Fax: (312) 692–2551. 

• Mail: John Mooney, Chief, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

• Hand Delivery: John Mooney, Air 

Programs Branch, (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, 18th Floor, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office’s 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–2008– 

0395. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 

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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Proposed Rules 59601 

1Primary PM2.5 are fine particulates directly 

emitted by sources and are not formed in a 

secondary manner through chemical reactions or 

other processes in the atmosphere. 

2NOX and SO2 are precursors for fine particulates 

formed through chemical reactions and other 

related processes in the atmosphere. 

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 

and viruses. For additional instructions 

on submitting comments, go to section 

I of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: All documents in the docket 

are listed in the http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the U.S. 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 Edward Doty at (312) 

886–6057 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Edward Doty, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6057, 

or Doty.Edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What should I consider as I prepare my 

comments for EPA? 

II. What actions is EPA proposing? 

III. What is the background for these actions? 

A. Fine Particulate Standards and Regional 

Emission Controls 

B. Background for Indiana’s PM2.5

Redesignation Request and Maintenance 

Plan 

IV. What are the criteria for redesignation to 

attainment? 

V. Review of the State’s PM2.5 Redesignation 

Request and Basis for EPA’s Proposed 

Actions 

A. Has the greater Chicago nonattainment 

area attained the 1997 annual PM2.5

standard? 

B. Have Lake and Porter Counties and the 

State of Indiana met all requirements of 

Section 110 and Part D of the CAA 

applicable for purposes of redesignation, 

and do Lake and Porter Counties have a 

fully approved SIP under Section 110(k) 

of the CAA for purposes of redesignation 

to attainment? 

C. Are the PM2.5 air quality improvements 

in the Chicago-Gary-Lake County, IL–IN 

area due to permanent and enforceable 

emission reductions? 

D. Does Indiana have a fully approvable 

PM2.5 maintenance plan pursuant to 

Section 175A of the CAA for Lake and 

Porter Counties? 

VI. Has the State adopted acceptable MVEBs 

for the PM2.5 maintenance period? 

VII. Are the base year emissions inventories 

for Lake and Porter Counties approvable 

under CAA Section 172(c)(3)? 

VIII. What are EPA’s proposed actions and 

what are the effects of these proposed 

actions? 

IX. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

to organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified in the proposed rule. 

II. What actions is EPA proposing? 

On November 27, 2009, at 74 FR 

62243, EPA made a final determination 

that the Greater Chicago nonattainment 

area, which includes Lake and Porter 

Counties in Indiana, was attaining the 

1997 annual PM2.5 standard. EPA is 

proposing here to determine that this 

area continues to attain this standard. 

EPA is also proposing to take several 

additional actions related to Indiana’s 

PM2.5 redesignation request, as 

discussed below. In a separate proposed 

rule, EPA will address an Illinois PM2.5

redesignation request for the Illinois 

portion of the Greater Chicago 

nonattainment area. 

EPA is proposing to approve Indiana’s 

1997 annual PM2.5 standard 

maintenance plan for Lake and Porter 

Counties as a revision of the Indiana SIP 

meeting the requirements of section 

175A of the CAA. The maintenance 

plan, as revised in the May 26, 2011, 

submittal, assumes that control of power 

plant emissions resulting from the 

implementation of EPA’s Cross-State Air 

Pollution Rule (CSAPR) will replace 

existing power plant emission control 

requirements that would have resulted 

from EPA’s Clean Air Interstate Rule 

(CAIR). See discussions of CAIR and 

CSAPR and their relation to Indiana’s 

PM2.5 redesignation request and 

maintenance plan later in this proposed 

rule. 

EPA is proposing to approve 2005 

emissions inventories for primary 

PM2.5,1 NOX, and sulfur dioxide (SO2),2

documented in Indiana’s May 26, 2011, 

PM2.5 redesignation request submittal, 

as satisfying the requirement in section 

172(c)(3) of the CAA for a 

comprehensive, current, and accurate 

emission inventory. 

EPA is proposing to find that Indiana 

meets the requirements for 

redesignation of Lake and Porter 

Counties to attainment of the 1997 

annual PM2.5 standard under section 

107(d)(3)(E) of the CAA. We are making 

this proposal despite the fact that 

Indiana, in part, relied on emission 

reductions from CAIR to demonstrate, 

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

CAA, that permanent and enforceable 

emission reductions were responsible 

for the monitored improvements in the 

PM2.5 air quality of the Greater Chicago 

nonattainment area. As will be 

discussed further below, because CAIR 

was remanded by the United States 

Court of Appeals for the District of 

Columbia Circuit (D.C. Circuit), the 

emission reductions associated with 

that rule cannot be considered to be 

permanent and enforceable. 

EPA, however, proposes that this 

requirement has effectively been met 

because the emission reductions of 

CAIR continue through 2011, and 

CSAPR requires similar or greater 

reductions in the relevant areas in 2012 

and beyond. Because the emission 

reduction requirements of CAIR are 

enforceable through 2011, and because 

CSAPR has now been promulgated to 

address the emission reduction 

requirements previously addressed by 

CAIR and gets similar or greater 

emission reductions in the relevant 

areas in 2012 and beyond, EPA is 

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59602 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Proposed Rules 

proposing to determine that the 

emission reductions that led to 

attainment of the 1997 annual PM2.5

standard in the Greater Chicago 

nonattainment area can now be 

considered to be permanent and 

enforceable. For this reason, EPA is 

proposing to determine that the 

requirement of CAA section 

107(d)(3)(D)(iii) has now been met. 

Therefore, EPA is proposing to approve 

the request from the State of Indiana to 

change the designation of Lake and 

Porter Counties from nonattainment to 

attainment of the 1997 annual PM2.5

NAAQS. 

Finally, EPA is proposing to approve 

2025 primary PM2.5 and NOX MVEBs for 

Lake and Porter Counties documented 

in Indiana’s PM2.5 maintenance plan, as 

submitted on May 26, 2011. These 

MVEBs will be used in future 

transportation conformity analyses for 

these counties. 

III. What is the background for these 

actions? 

A. Fine Particulate Standards and 

Regional Emission Controls 

The first air quality standards for 

PM2.5 were promulgated on July 18, 

1997, at 62 FR 38652. EPA promulgated 

an annual standard at a level of 15 

micrograms per cubic meter (mg/m3) of 

ambient air, based on a three-year 

average of the annual mean PM2.5

concentrations at each monitoring site 

(1997 annual PM2.5 standard). In the 

same rulemaking, EPA promulgated a 

24-hour PM2.5 standard, at 65 mg/m3, 

based on a three-year average of the 

annual 98th percentile of 24-hour PM2.5

concentrations at each monitoring site. 

On October 17, 2006, at 71 FR 61144, 

EPA retained the annual PM2.5 standard 

at 15 mg/m3 (2006 annual PM2.5

standard), but revised the 24-hour 

standard to 35 mg/m3, based again on the 

three-year average of the annual 98th 

percentile of the 24-hour PM2.5

concentrations. 

On January 5, 2005, at 70 FR 944, EPA 

published air quality area designations 

and classifications for the 1997 annual 

PM2.5 standard based on air quality data 

for calendar years 2001–2003. In that 

rulemaking, EPA designated the Greater 

Chicago area as nonattainment for the 

1997 annual PM2.5 standard. 

In response to legal challenges of the 

2006 annual PM2.5 standard, the DC 

Circuit remanded this standard to EPA 

for further consideration. See American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (D.C. Cir. 2009). However, 

given that the 1997 and 2006 annual 

PM2.5 standards are essentially 

identical, attainment of the 1997 annual 

PM2.5 standard also indicates attainment 

of the remanded 2006 annual standard. 

Since the Greater Chicago area is 

designated as nonattainment only for 

the 1997 annual PM2.5 standard, today’s 

proposed action addresses redesignation 

to attainment only for this standard, 

and, as noted above, only for the 

Indiana portion of this nonattainment 

area. 

Fine particulate pollution can be 

emitted directly from a source (primary 

PM2.5) or formed secondarily through 

chemical reactions in the atmosphere 

involving precursor pollutants emitted 

from a variety of sources. Sulfates are a 

type of secondary particulate formed 

from SO2 emissions from power plants 

and industrial facilities. Nitrates, 

another common type of secondary 

particulate, are formed from combustion 

emissions of NOX from power plants, 

mobile sources, and other combustion 

sources. 

Given the significance of sulfates and 

nitrates in the formation of PM2.5 in and 

transport of PM2.5 into the Greater 

Chicago nonattainment area, the 

regulation of SO2 and NOX emissions 

from power plants strongly affects the 

area’s air quality. EPA proposed CAIR 

on January 30, 2004, at 69 FR 4566, 

promulgated CAIR on May 12, 2005, at 

70 FR 25162, and promulgated 

associated Federal Implementation 

Plans (FIPs) on April 28, 2006, at 71 FR 

25328, in order to reduce SO2 and NOX

emissions and to improve air quality in 

many areas across Eastern United States. 

However, on July 11, 2008, the D.C. 

Circuit issued its decision to vacate and 

remand both CAIR and the associated 

CAIR FIPs in their entirety (North 

Carolina v. EPA, 531 F.3d 836 (D.C. Cir. 

2008)). EPA petitioned for a rehearing, 

and the court issued an order remanding 

CAIR and the CAIR FIPs to EPA without 

vacatur (North Carolina v. EPA, 550 

F.3d 1176 (D.C. Cir. 2008)). The court, 

thereby, left CAIR in place in order to 

‘‘temporarily preserve the 

environmental values covered by CAIR’’ 

until EPA replaced it with a rule 

consistent with the Court’s opinion (id. 

at 1178). The court directed EPA to 

‘‘remedy CAIR’s flaws’’ consistent with 

the July 11, 2008, opinion, but declined 

to impose a schedule on EPA for 

completing this action (id). As a result 

of these court rulings, the power plant 

emission reductions that resulted solely 

from the development, promulgation, 

and implementation of CAIR, and the 

associated air quality improvement that 

occurred solely as a result of CAIR in 

the Greater Chicago nonattainment area 

and elsewhere with emissions 

contributing to PM2.5 concentrations in 

this area could not be considered to be 

permanent. 

On August 8, 2011, at 75 FR 48208, 

EPA promulgated CSAPR to address 

interstate transport of emissions and 

resulting secondary air pollutants and to 

replace CAIR. CAIR, among other 

things, required NOX emission 

reductions that contributed to the air 

quality improvement in the Greater 

Chicago nonattainment area. CAIR 

emission reduction requirements limit 

emissions through 2011, and EPA has 

now promulgated CSAPR, which 

requires similar or greater emission 

reductions in the relevant areas in 2012 

and beyond. CSAPR requires substantial 

reductions of SO2 and NOX emissions 

from Electric Generating Units (EGUs or 

power plants) across most of the Eastern 

United States, with implementation 

beginning on January 1, 2012. By 2014, 

EGUs in states common to both CSAPR 

and CAIR will achieve annual SO2

emission reductions of approximately 

1.8 million tons, and will achieve 

annual NOX emission reductions of 

approximately 76,000 tons beyond those 

that would have been achieved by CAIR 

by that time. CAIR will continue to be 

implemented through 2011, and will be 

replaced by CSAPR beginnig in 2012. 

As demonstrated later in this 

proposed rule, CSAPR requires 

reduction of NOX and SO2 emissions to 

levels well below the levels that led to 

attainment of the 1997 annual PM2.5

standard in the Greater Chicago 

nonattainment area. The emission 

reductions that CSAPR mandates may 

be considered to be permanent and 

enforceable. In turn, the air quality 

improvement in the Greater Chicago 

nonattainment area that has resulted 

from EGU emission reductions to date 

(as well as the substantial further air 

quality improvement that would be 

expected to result from full 

implementation of CSAPR) may also be 

considered to be permanent and 

enforceable. 

B. Background for Indiana’s PM2.5

Redesignation Request and 

Maintenance Plan 

On April 3, 2008, IDEM submitted a 

request for EPA approval of a 

redesignation of Lake and Porter 

Counties to attainment of the 1997 

annual PM2.5 standard. This 

redesignation request is based on 2004– 

2007 monitoring data showing 

attainment of the standard throughout 

the Greater Chicago nonattainment area. 

On March 6, 2009, IDEM submitted a 

technical addendum to the April 3, 

2008, PM2.5 redesignation request to 

show that the Greater Chicago 

nonattainment area continued to attain 

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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Proposed Rules 59603 

3Transportation conformity assures that 

emissions from on-road mobile sources do not 

jeopardize continued maintenance of the standard 

during the maintenance period. 

the 1997 annual PM2.5 standard through 

2008. 

In addition to showing that this area 

has attained the 1997 annual PM2.5

standard, the April 3, 2008, State 

submittal also seeks to demonstrate that 

Indiana has met all other CAA 

requirements for redesignation of Lake 

and Porter Counties to attainment of the 

1997 annual PM2.5 standard. The 

redesignation request includes a 

maintenance plan for Lake and Porter 

Counties demonstrating maintenance of 

the 1997 annual PM2.5 standard through 

2020. Both the redesignation request 

and the maintenance demonstration rely 

on emission reductions resulting from 

CAIR to demonstrate the basis for the 

attainment of the 1997 annual PM2.5

standard and to demonstrate 

maintenance of this standard. 

Before EPA could rule on the August 

3, 2008, redesignation request, as 

amended in the March 6, 2009, 

supplemental submittal, the D.C. Circuit 

remanded CAIR to EPA for 

reconsideration. This raised questions 

about the emission reduction credits 

resulting from CAIR assumed in 

Indiana’s PM2.5 redesignation request 

and maintenance plan. As time passed 

without resolution of the CAIR issue, 

EPA also became concerned about the 

period covered by Indiana’s PM2.5

maintenance demonstration, which 

must, at a minimum, demonstrate 

attainment of the 1997 annual PM2.5

standard for at least ten years after EPA 

approves the State’s PM2.5 redesignation 

request. See section 175A(a) of the CAA. 

This necessitated a revision of the PM2.5

maintenance plan by the State to extend 

the maintenance demonstration to a 

later endpoint. 

On May 26, 2011, IDEM submitted a 

revised PM2.5 maintenance plan to EPA 

demonstrating maintenance of the 1997 

annual PM2.5 in Lake and Porter 

Counties through 2025. In this 

submittal, the State included additional 

air quality data showing continued 

attainment of the 1997 annual PM2.5

standard in the Greater Chicago 

nonattainment area during 2008–2010. 

The State held a public hearing on the 

PM2.5 redesignation request and 

maintenance plan on May 18, 2011, and 

the State’s public comment period on 

these submittal elements ended on May 

20, 2011. Following the close of the 

public comment period, Indiana 

submitted a revised PM2.5 redesignation 

request and final PM2.5 maintenance 

plan for Lake and Porter Counties on 

July 20, 2011. 

Indiana requests that the maintenance 

plan be approved by EPA as a revision 

of the Indiana SIP. The maintenance 

plan documents 2025 PM2.5 and NOX

MVEBs, which IDEM requests EPA to 

approve and find adequate for use in 

transportation conformity 

determinations and demonstrations.3

IV. What are the criteria for 

redesignation to attainment? 

The CAA sets forth the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

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

redesignation to attainment provided 

that: (1) The Administrator determines 

that the area has attained the applicable 

NAAQS; (2) the Administrator has fully 

approved an applicable SIP for the area 

under section 110(k) of the CAA; (3) the 

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable emission 

reductions resulting from the 

implementation of the applicable SIP, 

Federal emission control regulations, 

and other permanent and enforceable 

emission reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area meeting 

the requirements of section 175A of the 

CAA; and, (5) the state containing the 

area has met all requirements applicable 

to the area for purposes of redesignation 

under section 110 and part D of the 

CAA. 

V. Review of the State’s PM2.5

Redesignation Request and Basis for 

EPA’s Proposed Actions 

A. Has the Greater Chicago 

nonattainment area attained the 1997 

annual PM2.5 standard? 

In a final rulemaking dated November 

27, 2009, at 76 FR 62243, EPA 

determined that the Greater Chicago 

nonattainment area had attained the 

1997 annual PM2.5 standard. This 

determination was based on complete, 

quality-assured air monitoring data for 

2006–2008. 

The April 3, 2008, IDEM PM2.5

redesignation request presents PM2.5

data for the period of 2005–2007, and 

the May 26, 2011, IDEM submittal 

presents PM2.5 data for the period of 

2008–2010. These quality-assured data 

show that the Greater Chicago 

nonattainment area attained the 1997 

annual PM2.5 standard beginning in 

2005–2007, and has continued to attain 

through 2010. Preliminary data 

available for 2011 are consistent with 

continued attainment. 

Table 1 provides a summary of the 

PM2.5 annual air quality data for the area 

for the period of 2008–2010. 

TABLE 1—PM2.5 ANNUAL AVERAGE CONCENTRATIONS FOR THE GREATER CHICAGO NONATTAINMENT AREA

(in μg/m3) 

County Monitoring site 

AQS site number 2008 2009 2010 3-Year average 

Indiana Monitoring Sites 

Lake .................................... Franklin School, 180890006 .......................................... 11.95 11.34 12.48 11.9 

Lake .................................... Griffith, 180890027 ......................................................... 11.69 11.00 12.39 11.7 

Lake .................................... Hammond-Purdue, 180892004 ...................................... 11.66 (1) 12.30 (1) 

Lake .................................... Hammond-Clark High School, 180892010 .................... 12.42 10.80 11.90 11.7 

Lake .................................... Gary-Madison Street, 180890031 .................................. 12.27 12.12 12.90 12.4 

Porter .................................. Ogden Dunes, 181270024 ............................................. 10.89 11.29 11.56 11.2 

Illinois Monitoring Sites 

Cook .................................... Chicago-Washington High School, 170310022 ............. 12.54 11.62 14.04 12.7 

Cook .................................... Chicago-Southeast Police Station, 170310050 ............. 11.80 10.99 12.47 11.8 

Cook .................................... Chicago-Mayfair Pump Station, 170310052 .................. 12.18 12.69 12.57 12.5 

Cook .................................... Chicago-Springfield Pump Station, 170310057 ............. 12.03 11.33 1 12.03 1 11.8 

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TABLE 1—PM2.5 ANNUAL AVERAGE CONCENTRATIONS FOR THE GREATER CHICAGO NONATTAINMENT AREA—Continued 

(in μg/m3) 

County Monitoring site 

AQS site number 2008 2009 2010 3-Year average 

Cook .................................... Chicago-Commonwealth Edison Maintenance Building, 

170310076.

11.89 11.12 12.25 11.8 

Cook .................................... Blue Island, 170312001 ................................................. 12.50 11.68 11.59 11.9 

Cook .................................... Schiller Park, 170313103 ............................................... 13.59 12.91 12.64 13.0 

Cook .................................... Summit, 170313301 ....................................................... 12.03 11.62 12.23 12.0 

Cook .................................... Des Plaines, 170314007 ................................................ 11.35 11.02 10.60 11.0 

Cook .................................... Northbrook, 170314201 .................................................. 10.09 9.33 9.34 9.6 

Cook .................................... Cicero, 170316005 ......................................................... 1 13.25 1 11.98 11.90 1 12.4 

DuPage ............................... Naperville, 170434002 ................................................... 11.28 9.83 11.67 10.9 

Kane .................................... Elgin, 170890003 ........................................................... 10.79 9.61 11.29 10.6 

Kane .................................... Aurora, 170890007 ......................................................... 10.34 10.01 11.44 10.6 

Lake .................................... Zion, 170971007 ............................................................ 9.34 8.83 9.66 9.3 

McHenry .............................. Cary, 171110001 ............................................................ 10.10 9.65 10.24 10.0 

Will ...................................... Joliet, 171971002 ........................................................... 11.66 10.52 11.83 11.3 

Will ...................................... Braidwood, 171971011 .................................................. 10.31 8.73 10.02 9.7 

Notes: (1) The data for these sites and/or years do not meet data completeness requirements. 

The data in table 1 show that all PM2.5

monitors in the Greater Chicago 

nonattainment area have recorded PM2.5

concentrations attaining the 1997 

annual PM2.5 standard during 2008– 

2010. These annual average PM2.5

concentrations are based on PM2.5

monitoring data that have been quality 

assured and stored in EPA’s Air Quality 

System (AQS) database. 

Further consideration of annual PM2.5

concentrations at several sites is 

necessary because data at these sites do 

not meet EPA data completeness 

requirements. Under 40 CFR part 50, 

appendix N, section 4.1 (addressing the 

annual PM2.5 standard), a year of PM2.5

data meets completeness requirements 

when ‘‘at least 75 percent of the 

scheduled sampling days for each 

quarter has valid data.’’ As noted in 

table 1, three sites in the Greater 

Chicago nonattainment area did not 

meet this data completeness 

requirement for one or more years: the 

Hammond-Purdue (180892004) sites, 

located in Lake County, Indiana; and, 

the Chicago-Springfield Pump Station 

(170310057) and Cicero (170316005) 

sites, both located in Cook County, 

Illinois. 

Data handling conventions and 

computations necessary for determining 

whether areas have met the 1997 annual 

PM2.5 standard, including requirements 

for data completeness, are listed in 

appendix N of 40 CFR part 50. The use 

of less than complete data is subject to 

the approval of the EPA, which may 

consider factors such as monitoring site 

closures/moves, monitoring diligence, 

and nearby concentrations in 

determining whether to use such data, 

as set forth at 40 CFR part 50, appendix 

N, section N.1(c). 

Two of the identified sites are similar 

in that they have only one year with 

incomplete data during the three years 

of data considered in table 1: 2009 for 

the Hammond-Purdue (Indiana) site; 

and, 2010 for the Chicago-Springfield 

Pump Station (Illinois) site. For these 

sites, we note that, for the three-year 

periods preceding the years with the 

missing data, each site had complete 

data showing attainment of the 1997 

annual PM2.5 standard. For the 

Hammond-Purdue site, complete 2006– 

2008 data show annual PM2.5

concentrations of 12.67, 13.8, and 11.66 

mg/m3, with an average of 12.7 mg/m3 for 

the three-year period (see data tables on 

pages A–1 and A–2 of appendix A of 

Indiana’s May 26, 2011, submittal). For 

the Chicago-Springfield Pump Station 

site, complete 2007–2009 data show 

annual PM2.5 concentrations of 15.18, 

12.03, and 11.33 mg/m3, with an average 

of 12.85 mg/m3 for the three-year period 

(see data tables on pages A–6 and A–7 

of appendix A of Indiana’s May 26, 

2011, submittal). Therefore, both of 

these sites are able to show attainment 

of the standard with complete data for 

the preceding three-year periods. For 

the 2008–2010 period, there are 

available complete data for nearby sites, 

such as Hammond-Clark High School 

and Chicago-Mayfair Pump Station, that 

show attainment of the 1997 annual 

PM2.5 standard (See table 1). EPA, thus, 

concludes that the Hammond-Purdue 

and Chicago-Springfield Pump Station 

sites monitored attainment of the 1997 

annual PM2.5 standard during 2008– 

2010. EPA is using these data because 

it finds that the States of Indiana and 

Illinois have exercised due diligence in 

their monitoring, no monitoring site 

closures or moves were involved for 

these sites, and nearby PM2.5

concentrations suggest that the partial 

evidence of PM2.5 concentrations at the 

Hammond-Purdue and ChicagoSpringfield Pump Station sites are 

indeed indicative that the 1997 annual 

PM2.5 standard has been attained at 

these sites. 

For Cicero, both 2008 and 2009 have 

incomplete monitoring data. We 

previously determined that this site had 

attained the 1997 annual PM2.5 standard 

based on 2006–2008 monitoring data. 

See our proposed and final 

determination of attainment at 74 FR 

48690 (September 24, 2009) and at 74 

FR 62243 (November 27, 2009). In the 

proposed determination, we discussed 

our analysis of PM2.5 concentrations for 

the Cicero monitoring site and our 

conclusion that, although the PM2.5 data 

for this site did not meet EPA’s data 

completeness criteria in 2008, it is likely 

that this site monitored attainment of 

the 1997 annual PM2.5 standard in 2008 

and throughout 2006–2008. 

EPA has conducted PM2.5 data 

substitution tests for the 2009 PM2.5 data 

at the Cicero monitoring site 

(170316005), to evaluate how to address 

the issue of data completeness. The 

results helped EPA assess whether the 

Cicero monitoring site monitored 

attainment of the 1997 annual PM2.5

standard. On the basis of these tests, and 

additional factors discussed below, we 

have concluded that the data should be 

considered complete and should be 

approved for the purpose of showing 

that this site attained the 1997 annual 

PM2.5 standard based on 2007–2009 and 

2008–2010 monitoring data. EPA is 

using these data because it finds that the 

State of Illinois has exercised due 

diligence in its monitoring, no 

monitoring site closures or moves were 

involved for this site, and nearby PM2.5

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concentrations, such as those for the 

Blue Island monitoring site, suggest that 

the partial evidence of PM2.5

concentrations at the Cicero monitoring 

site are indeed indicative that the 1997 

annual PM2.5 standard is being attained 

at this site. See PM2.5-related data links 

and spreadsheets with data for this 

monitoring site at: http://www.epa.gov/ 

airtrends/values.html. 

For the reasons discussed above, EPA 

proposes to determine that the ChicagoGary-Lake County, IL-IN area has 

attained the 1997 annual PM2.5 standard 

based on quality-assured data for 2008– 

2010. 

B. Have Lake and Porter Counties and 

the State of Indiana met all 

requirements of section 110 and part D 

of the CAA applicable for purposes of 

redesignation, and do Lake and Porter 

Counties have a fully approved SIP 

under section 110(k) of the CAA for 

purposes of redesignation to 

attainment? 

1. General Requirements 

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

107(d)(3)(E)(v) of the CAA set forth 

related requirements that together 

require the State to have a fully 

approved SIP meeting all pertinent 

requirements under section 110 and part 

D of the CAA as a prerequisite for 

approval of the State’s redesignation 

request. The following discussion 

addresses Indiana’s satisfaction of these 

criteria. 

Since the passage of the CAA in 1970, 

Indiana has adopted and submitted, and 

EPA has fully approved, provisions 

addressing the various required SIP 

elements needed to attain the 

particulate standards in Lake and Porter 

Counties and elsewhere in Indiana. 

Indiana submitted the ‘‘State of Indiana 

Air Pollution Control Implementation 

Plan,’’ Indiana’s SIP, on January 31, 

1972. EPA approved Indiana’s SIP on 

May 31, 1972 (37 FR 10863). Rules 

contained in this SIP addressed 

attaining the Total Suspended 

Particulate (TSP) standard, reflecting the 

particulate size range regulated under 

1971 air quality standards. 

On July 1, 1987, EPA replaced the 

TSP standard with a standard for 

particles with aerodynamic diameters of 

10 micrometers or smaller (PM10). EPA 

promulgated area designations under 

the PM10 NAAQS on March 15, 1991 (56 

FR 11101). Lake County was designated 

and classified as moderate 

nonattainment for the PM10 standard. 

Through submittals on June 16, 1993, 

December 9, 1993, September 8, 1994, 

and November 17, 1994, the State of 

Indiana submitted the emission control 

regulations, emissions inventories, 

attainment demonstrations, and other 

plan elements needed to comply with 

the SIP requirements for PM10. EPA 

approved Indiana’s PM10 SIP on June 

15, 1995, at 60 FR 31412. 

2. Section 110(a) Requirements 

On December 7, 2007, September 19, 

2008, March 23, 2011, and April 7, 

2011, Indiana made submittals 

addressing ‘‘infrastructure SIP’’ 

elements required by section 110(a)(2) 

of the CAA for the 1997 annual PM2.5

standard and 1997 8-hour ozone 

standard. EPA published proposed 

rulemaking on these submittals on April 

28, 2011, at 76 FR 23757, and finalized 

that rulemaking on July 13, 2011, at 76 

FR 41075, approving Indiana’s 

infrastructure SIP for these air quality 

standards. The requirements of section 

110(a)(2), however, are statewide 

requirements that are not linked to the 

PM2.5 nonattainment status of Lake and 

Porter Counties. 

EPA finds that section 110 

requirements not linked to an area’s 

nonattainment status are not applicable 

for purposes of redesignation. See the 

Reading, Pennsylvania proposed and 

final rulemakings (October 10, 1996, at 

61 FR 53174–53176, and May 7, 1997, 

at 62 FR 24826), the Cleveland-AkronLoraine, Ohio final rulemaking (May 7, 

1996, at 61 FR 20458), and the Tampa, 

Florida final rulemaking (December 7, 

1995, at 60 FR 62748). Therefore, these 

section 110(a)(2) SIP elements, which 

are unrelated to an area’s attainment 

status, are not applicable requirements 

for purposes of review of the State’s 

PM2.5 redesignation request. 

3. Emission Inventories 

Section 172(c)(3) of the CAA calls for 

the State to provide a complete, 

accurate, and comprehensive emissions 

inventory of source emissions. In 

today’s action EPA proposes to approve 

Indiana’s 2005 emissions inventories as 

meeting this requirement. These 

emissions inventories are addressed in 

sections V.C and VII below, and are 

documented in appendices B through G 

of Indiana’s May 26, 2011, submittal. 

See the EPA digital docket for this 

proposed rule, http:// 

www.regulations.gov, which includes a 

digital copy of Indiana’s May 26, 2011, 

submittal. 

The basis for EPA’s proposed 

approval of the emissions inventories is 

set forth in the discussions of emission 

inventory development techniques and 

sources of input data used to determine 

the emissions inventories in section 

V.C.2 below and in an additional 

discussion of the 2005 base year 

emissions inventories for Lake and 

Porter Counties in section VII of this 

proposed rule. 

4. Other Nonattainment Area 

Requirements 

EPA is proposing to determine that, if 

it issues final approval of the emission 

inventories discussed below under CAA 

section 172(c)(3), the Indiana SIP will 

meet the SIP requirements for Lake and 

Porter Counties applicable for purposes 

of redesignation under part D of the 

CAA. Subpart 1 of part D, sections 172 

to 176 of the CAA, set forth the 

nonattainment plan requirements 

applicable to PM2.5 nonattainment areas. 

Under section 172, states with 

nonattainment areas must submit plans 

providing for timely attainment and 

meeting a variety of other requirements. 

However, pursuant to 40 CFR 

51.1004(c), EPA’s November 27, 2009, 

determination that the Greater Chicago 

nonattainment area is attaining the 1997 

PM2.5 annual standard suspended 

Indiana’s obligation to submit plans 

meeting most of the CAA attainment 

planning requirements that would 

otherwise apply. Specifically, the 

determination of attainment suspended 

Indiana’s obligation to submit a PM2.5

attainment demonstration, and 

requirements to provide for Reasonable 

Further Progress (RFP) toward 

attainment, Reasonably Available 

Control Measures (RACM), and 

contingency measures under section 

172(c)(9) of the CAA. 

The General Preamble for 

Implementation of Title I (57 FR 13498, 

April 16, 1992) also discusses the 

evaluation of these requirements in the 

context of EPA’s consideration of a 

redesignation request. The General 

Preamble sets forth EPA’s view of 

applicable requirements for purposes of 

evaluating redesignation requests when 

an area is attaining the standard. 

Because attainment has been reached, 

no additional measures are needed to 

provide for attainment, and section 

172(c)(1) requirements for an attainment 

demonstration and RACM are no longer 

considered to be applicable for purposes 

of redesignation, as long as the area 

continues to attain the standard through 

final EPA approval of the State’s 

redesignation request. See also 40 CFR 

51.1004(c). The RFP requirement under 

section 172(c)(2) and contingency 

measures requirement under section 

172(c)(9) are similarly not relevant for 

purposes of redesignation since EPA has 

determined that the area has attained 

the 1997 PM2.5 annual standard. 

Section 172(c)(4) of the CAA requires 

the identification and quantification of 

allowable emissions for major new and 

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modified stationary sources in an area, 

and section 172(c)(5) requires source 

permits for the construction and 

operation of new and modified major 

stationary sources anywhere in the 

nonattainment area. EPA has 

determined that, since Prevention of 

Significant Deterioration (PSD) 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a nonattainment area New Source 

Review (NSR) program be approved 

prior to redesignation, provided that the 

area demonstrates maintenance of the 

NAAQS without part D NSR. The 

rationale for this view is described in a 

memorandum from Mary Nichols, 

Assistant Administrator for Air and 

Radiation, dated October 14, 1994, 

titled, ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ 

Indiana has demonstrated that 

emissions will remain at or below 

attainment levels throughout the 

maintenance period without part D NSR 

in effect for Lake and Porter Counties. 

Therefore, the State need not have a 

fully approved part D NSR program 

prior to the approval of Indiana’s 

redesignation request for Lake and 

Porter Counties. The State’s PSD 

program will become effective in Lake 

and Porter Counties upon redesignation 

of these Counties to attainment of the 

1997 annual PM2.5 standard. See 

rulemakings for Detroit, Michigan 

(March 7, 1995, at 60 FR 12467–12468); 

Cleveland-Akron-Lorain, Ohio (May 7, 

1996, at 61 FR 20458, 20469–20470); 

Louisville, Kentucky (October 23, 2001; 

at 66 FR 53665); and Grand Rapids, 

Michigan (June 21, 1996, at 61 FR 

31834–31837). 

Section 172(c)(6) of the CAA requires 

the SIP to contain control measures 

necessary to provide for attainment of 

the standard. Because attainment of the 

standard in the Greater Chicago 

nonattainment area has been reached, 

no additional measures are needed to 

provide for attainment. 

Section 172(c)(7) requires the SIP to 

meet the applicable provisions of 

section 110(a)(2) of the CAA. As noted 

above, we find that the Indiana SIP 

meets the requirements of section 

110(a)(2) applicable for purposes of 

redesignation. 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that Federallysupported or funded activities, 

including highway projects, conform to 

the air quality planning goals in the 

SIPs. EPA approved Indiana’s general 

and transportation conformity SIPs on 

January 14, 1998, at 63 FR 2146, and on 

August 17, 2010, at 75 FR 50730, 

respectively. Indiana has submitted onroad motor vehicle budgets for Lake and 

Porter Counties for 2016 and 2025. The 

area must use the MVEBs from the 

maintenance plan in any conformity 

determination that is effective on or 

after the effective date of EPA’s 

maintenance plan approval. 

No other SIP provisions relevant to 

Lake and Porter Counties are currently 

disapproved, conditionally approved, or 

partially approved. 

C. Are the PM2.5 air quality 

improvements in the Chicago-Gary-Lake 

County, IL-IN area due to permanent 

and enforceable emission reductions? 

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

State to demonstrate that the 

improvement in air quality is due to 

permanent and enforceable emission 

reductions. 

1. Permanent and Enforceable Emission 

Controls 

The following is a discussion of 

permanent and enforceable emission 

control measures that have been 

implemented in Lake and Porter 

Counties, in the Greater Chicago 

nonattainment area, and in upwind 

areas (resulting in lower pollutant 

transport into the Greater Chicago 

nonattainment area). 

a. Federal Emission Control Measures 

Reductions in PM2.5 precursor 

emissions have occurred statewide and 

in upwind areas as a result of the 

following Federal emission control 

measures. Most of these Federal 

emission control measures will result in 

additional emission reductions in the 

future. 

Tier 2 Emission Standards for 

Vehicles and Gasoline Sulfur Standards. 

These emission control requirements 

result in lower Volatile Organic 

Compounds (VOC), NOX, and SO2

emissions from new cars and light-duty 

trucks, including sport utility vehicles. 

The Federal rules were phased in 

between 2004 and 2009. The EPA has 

estimated that, by the end of the phasein period, the following vehicle NOX

emission reductions will occur 

nationwide: Passenger cars (light duty 

vehicles), 77 percent; light-duty trucks, 

minivans, and sport utility vehicles, 86 

percent; and, larger sport utility 

vehicles, vans, and heavier trucks, 69 to 

95 percent. Some of the emissions 

reductions resulting from new vehicle 

standards occurred during the 2008– 

2010 attainment period; however, 

additional reductions will continue to 

occur throughout the maintenance 

period as the fleet of older vehicles 

turns over. The Tier 2 standards also 

reduced the sulfur content of gasoline to 

30 parts per million (ppm) beginning in 

January 2006. Most gasoline sold in 

Indiana prior to January 2006 had a 

sulfur content of approximately 500 

ppm. Sulfur occurs naturally in 

gasoline, but interferes with the 

operation of catalytic converters. 

Lowering the sulfur content of gasoline 

improves the emission reduction 

resulting from the use of catalytic 

converters and results in significantly 

lowered NOX emissions. In addition, 

lowering the sulfur content of gasoline 

also reduces direct emissions of sulfates 

(direct PM2.5) from vehicles. 

Heavy-Duty Diesel Engine Rule. This 

rule, which EPA issued in July 2000, 

limited the sulfur content of diesel fuel 

and went into effect in 2004. A second 

phase of implementation took effect in 

2007 and resulted in reduced PM2.5

emissions from heavy-duty highway 

diesel engines and further reduced the 

highway diesel fuel sulfur content to 15 

ppm. The full implementation of this 

rule is estimated to achieve a 90 percent 

reduction in direct PM2.5 emissions 

(including direct emissions of sulfates) 

and a 95 percent reduction in NOX

emissions for new engines using low 

sulfur diesel fuel, compared to existing 

engines using higher sulfur content fuel. 

The reductions in fuel sulfur content 

occurred by the 2008–2010 attainment 

period. Some of the emissions 

reductions resulting from new vehicle 

standards also occurred during the 

2008–2010 attainment period; however, 

additional reductions will continue to 

occur throughout the maintenance 

period as the fleet of older heavy-duty 

diesel engines turns over. This rule will 

also lower SO2 emissions from engines 

using the low sulfur diesel fuel, 

resulting in lower PM2.5 concentrations; 

however, EPA has not estimated the 

level of this emissions reduction and the 

level of its impact on PM2.5

concentrations. 

Nonroad Diesel Engine Standards. In 

May 2004, EPA promulgated a rule to 

establish emission standards for large 

nonroad diesel engines, such as those 

used in construction, agriculture, or 

mining operations (the engine emission 

standards are phased in between 2008 

and 2014) and to regulate the sulfur 

content in nonroad diesel fuel. This rule 

reduced the allowable sulfur content in 

nonroad diesel fuel by over 99 percent. 

Prior to 2006, nonroad diesel fuel 

averaged approximately 3,400 ppm in 

sulfur content. This rule limited 

nonroad diesel sulfur content to 500 

ppm by 2006, with a further reduction 

to 15 ppm by 2010. The combined 

engines standards and fuel sulfur 

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4Emissions for the Illinois portion of the PM2.5

nonattainment area must be considered along with 

the emissions for Lake and Porter Counties to 

demonstrate the emission reductions resulting in 

attainment of the PM2.5 standard and to demonstrate 

maintenance of the PM2.5 standard for the entire bistate PM2.5 nonattainment area. 

5Periodic emission inventories are developed by 

states every three years and reported to EPA. These 

periodic emission inventories are required by the 

Federal Consolidated Emissions Reporting Rule, 

codified at 40 CFR Subpart A. EPA revised these 

and other emission reporting requirements in a final 

rule published on December 17, 2008, at 73 FR 

76539. 

content limits reduce NOX and PM2.5

emissions (including direct emissions of 

sulfates) from large nonroad diesel 

engines by over 90 percent compared to 

pre-control nonroad engines using the 

higher sulfur content diesel fuel. This 

rule achieved all of the reductions in 

fuel sulfur content by 2010. Some 

emissions reductions from the new 

engine emission standards were realized 

over the 2008–2010 time period; 

although most of the reductions will 

occur during the maintenance period as 

the fleet of older nonroad diesel engines 

turns over. 

Nonroad Spark-Ignition Engines and 

Recreational Engine Standards. In 

November 2002, EPA promulgated 

emission standards for groups of 

previously unregulated nonroad 

engines. These engines include large 

spark-ignition engines, such as those 

used in forklifts and airport groundservice equipment; recreational vehicles 

using spark-ignition engines, including 

off-highway motorcycles, all-terrain 

vehicles, and snowmobiles; and, 

recreational marine diesel engines. 

Emission standards for large sparkignition engines were implemented in 

two phases (tiers), with Tier 1 starting 

in 2004 and Tier 2 starting in 2007. 

Recreational vehicle emission standards 

are being phased in from 2006 through 

2012. Marine diesel engine standards 

were phased in from 2004 through 2009. 

With full implementation of all of these 

standards, an overall 72 percent 

reduction in VOC, and 80 percent 

reduction in NOX emissions are 

expected by 2020. A significant portion 

of these emission reductions occurred 

by 2008, the year Indiana has selected 

to be the attainment baseline year in the 

demonstration of maintenance 

discussed later in this proposed rule. 

Additional emission reductions will 

occur in Lake and Porter Counties, 

statewide in Indiana and Illinois, and in 

upwind areas during the maintenance 

period for Lake and Porter Counties. 

b. Control Measures in Upwind Areas 

Given the significance of sulfates and 

nitrates as components of PM2.5 in the 

Greater Chicago nonattainment area, the 

area’s PM2.5 air quality in this area is 

strongly affected by regulation of SO2

and NOX emissions from power plants 

in this nonattainment area and in 

upwind areas. The following considers 

the emission control measures that have 

affected these emissions. 

NOX SIP Call. On October 27, 1998, at 

63 FR 57356, EPA issued a NOX SIP call 

requiring the District of Columbia and 

22 states to reduce emissions of NOX. 

Affected states were required to comply 

with Phase I of the SIP call beginning in 

2004, and with Phase II beginning in 

2007. The NOX SIP call established 

state-specific NOX emission caps, 

assuming possible NOX emission 

control levels for various source types 

within EGUs and using EGU-specific 

historical operating data. States, 

including Indiana, have adopted NOX

emission control regulations for EGUs 

(and for other major stationary NOX

sources) to achieve the state-specific 

NOX emission caps. These NOX

emission caps are supported by periodic 

reporting of state NOX emissions to the 

EPA. The reduction in NOX emissions 

has resulted in lower concentrations of 

transported NOX and PM2.5 into the 

Greater Chicago PM2.5 nonattainment 

area. Emission reductions resulting from 

state regulations developed in response 

to the NOX SIP call are permanent and 

enforceable. 

CAIR. See the detailed discussion of 

CAIR in section III of this proposed rule. 

CSAPR. See the discussion of CSAPR 

in section III of this proposed rule. 

All of the emission reduction 

requirements discussed above have led 

to (or will lead to) substantial emission 

reductions and have been shown by 

Indiana and EPA (in analyses 

supporting CAIR and CSAPR) to be the 

main cause of the emission reductions 

discussed below. 

2. Emission Reductions 

To demonstrate that significant 

emission reductions have resulted in 

attainment, Indiana compared the NOX, 

SO2, and primary PM2.5 emissions for 

2002 and 2005 with those of 2008. The 

emissions inventories for 2008 represent 

a year in which the area was attaining 

the 1997 annual PM2.5 standard. 

The 2002, 2005, and 2008 point 

source emissions were obtained from 

Indiana’s source facility emissions 

reporting program for Lake and Porter 

Counties. Point source emissions for 

Illinois’ portion of the Greater Chicago 

nonattainment area 4 were derived from 

2002 and 2008 point source emissions 

documented in Illinois’ ‘‘Maintenance 

Plan for the Chicago Nonattainment 

Area for the 1997 PM2.5 National 

Ambient Air Quality Standard’’ (Illinois’ 

PM2.5 maintenance plan) prepared in 

September 2010. The 2005 point source 

emissions for Illinois’ portion of the 

PM2.5 nonattainment area were 

interpolated using Illinois’ 2002 and 

2008 point source emission estimates. 

EPA’s Clean Air Market’s Acid Rain 

database (http:// 

camddataandmaps.epa.gov/gdm/) was 

also used to estimate SO2 and NOX

emissions for certain point sources. 

On-road mobile source emissions 

were calculated using EPA’s mobile 

source emission factor model, 

MOBILE6.2, and other mobile source 

input data, including vehicle age and 

type distributions and speeds, derived 

using Northwest Indiana Regional 

Planning Commission’s (NIRPC’s) travel 

demand model. 

Area source emissions for Lake and 

Porter Counties for 2002 and 2005 were 

taken from Indiana’s 2002 and 2005 

periodic emissions inventories.5 The 

2005 periodic emission inventory area 

source emissions were extrapolated to 

2008. Source growth factors were 

supplied for area and nonroad mobile 

sources by the Lake Michigan Air 

Directors Consortium (LADCO). Area 

source emissions for the Illinois portion 

of the Greater Chicago nonattainment 

area were obtained from the 1997 

annual PM2.5 maintenance plan 

submitted by Illinois on October 15, 

2010. 

Nonroad mobile source emissions 

were extracted or extrapolated from 

nonroad mobile source emissions 

reported in EPA’s 2005 National 

Emissions Inventory (NEI). Contractors 

were employed by LADCO to estimate 

emissions for commercial marine 

vessels and railroads. 

Pre-2008 EGU emissions were derived 

from EPA’s Clean Air Market’s Acid 

Rain database. These emissions reflect 

Indiana’s SO2 and NOX emission 

budgets resulting from EPA’s NOX SIP 

call. The 2008 emissions from EGUs 

reflect Indiana’s emission caps under 

EPA’s CAIR. 

The 2002 and 2005 base year NOX, 

SO2, and primary PM2.5 emission totals 

by source sector are given in table 2. 

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TABLE 2—LAKE AND PORTER COUNTIES 2002 AND 2005 EMISSION TOTALS BY SOURCE SECTOR

[Tons per year] 

Pollutant Point Area On-road 

mobile 

Off-road 

mobile Totals 

2002 Lake and Porter Counties Emission Totals 

NOX ...................................................................................... 60,808.11 2,626.91 30,397.97 12,347.30 106,180.29 

SO2 ....................................................................................... 59,263.34 4364.85 264.64 1,106.59 64,999.42 

Primary PM2.5 ....................................................................... 7,313.70 4,404.91 562.64 685.43 12,966.68 

2005 Lake and Porter Counties Emission Totals 

NOX ...................................................................................... 41,948.57 2,236.89 14,095.55 8,145.64 66,426.65 

SO2 ....................................................................................... 48,139.53 697.87 146.44 892.93 49,876.77

Primary PM2.5 ....................................................................... 6,451.40 23.65 229.39 447.87 7,152.31 

The 2008 emissions totals for SO2, 

NOX, and primary PM2.5 for Lake and 

Porter Counties are summarized in table 

3. These emissions establish attainment 

year emissions levels for Lake and 

Porter Counties. 

TABLE 3—LAKE AND PORTER COUNTIES 2008 EMISSION TOTALS BY SOURCE SECTOR

[Tons per year] 

Pollutant Point Area On-road 

mobile 

Off-road 

mobile Totals 

NOX ...................................................................................... 39,945.76 2,264.46 10,703.81 6,667.71 59,581.74 

SO2 ....................................................................................... 54,916.02 703.25 103.08 476.33 56,198.68

Primary PM2.5 ....................................................................... 6,676.32 23.66 187.10 363.91 7,250.93 

The emissions totals in tables 2 and 

3 for NOX show significant emission 

reductions occurred in Lake and Porter 

Counties between 2002 and 2005, and 

NOX emissions continued this 

downward trend between 2005 and 

2008. The emissions for SO2 and 

primary PM2.5 also show significant 

reductions between 2002 and 2008, but 

do not show such a downward trend 

between 2005 and 2008. We believe that 

the significant downward trends in NOX

emissions more significantly 

contributed to the improved PM2.5 air 

quality observed between 2002/2005 

and 2008 than the smaller reductions in 

SO2 and primary PM2.5 emissions. 

Table 4 presents the NOX, SO2, and 

primary PM2.5, emission totals for the 

entire Greater Chicago nonattainment 

area for 2002, 2005, and 2008. This table 

provides a compelling demonstration of 

the reduction in PM2.5 and PM2.5

precursor emissions between 2002, 

when the area was violating the 1997 

annual PM2.5 standard, and 2005, when 

the area was in attainment of the 1997 

annual PM2.5 standard. 

TABLE 4—CHICAGO-GARY-LAKE COUNTY, IL-IN NONATTAINMENT AREA 2002, 2005, AND 2008 EMISSION TOTALS

[Tons per year] 

Year NOX SO2 Primary PM2.5

2002 ............................................................................................................................................. 447,601.29 197,480.42 32,069.68 

2005 ............................................................................................................................................. 346,671.15 164,171.77 25,962.31 

2008 ............................................................................................................................................. 278,649.74 152,367.68 25,767.93 

IDEM finds that the emission 

reductions in Lake and Porter Counties 

and in the Illinois portion of the Greater 

Chicago nonattainment area which are 

permanent and enforceable were 

primarily responsible for the area’s 

attainment of the 1997 annual PM2.5

standard, but acknowledges that 

emission reductions from throughout 

Indiana and Illinois and from other 

upwind states also contributed to the 

area’s attainment. We agree with this 

conclusion. 

In addition to the local and PM2.5

nonattainment area emission 

reductions, we believe that regional 

NOX and SO2 emission reductions 

resulting from the implementation of 

the Acid Rain Program (ARP) (see 40 

CFR parts 72 through 78), the NOX SIP 

call, and CAIR have significantly 

contributed to the PM2.5 air quality 

improvement in the Greater Chicago 

nonattainment area. To assess the 

change in regional emissions from states 

believed to significantly contribute to 

annual PM2.5 concentrations in the 

Greater Chicago nonattainment area, we 

have considered statewide emissions for 

EGUs reported for 2002 and 2008 in 

EPA’s ARP/CAIR database. To limit the 

number of states considered, we have 

selected those states with emissions that 

have been modeled to have significantly 

contributed to elevated PM2.5

concentrations in Cook County, Illinois 

(a modeling receptor site considered to 

be representative of the regional 

pollutant transport into Greater Chicago 

nonattainment area), as documented in 

EPA’s proposed rule for CSAPR (August 

2, 2010, 75 FR 45210) and in technical 

analyses supporting CSAPR and its 

proposed rule (http://www.epa.gov/ 

airtransport/techinfo.html). Table 5 lists 

the statewide total NOX and SO2

emissions for EGUs for the selected 

States. 

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TABLE 5—STATEWIDE EGU EMISSIONS FOR 2002 AND 2008 

[Tons per year] 

State 

NOX SO2

2002 2008 Percent 

reduction 2002 2008 Percent reduction 

Illinois ............................................................................... 174,246 119,930 31.2 353,699 257,357 27.2 

Indiana ............................................................................. 281,146 190,092 32.4 778,868 565,459 27.4 

Iowa .................................................................................. 78,956 49,023 37.9 127,847 109,293 14.5 

Kentucky .......................................................................... 198,598 157,903 21.4 482,653 344,356 28.7 

Michigan ........................................................................... 132,623 107,623 18.9 342,998 326,500 4.8 

Minnesota ......................................................................... 86,663 60,230 30.5 101,285 71,926 29.0 

Ohio .................................................................................. 370,497 235,049 36.6 1,132,069 709,914 37.3 

Pennsylvania .................................................................... 200,909 183,658 8.6 889,765 831,914 6.5 

Wisconsin ......................................................................... 88,970 47,794 46.3 191,256 129,693 32.1 

Total .......................................................................... 1,612,708 1,151,302 28.6 4,400,440 3,346,412 24.0 

As can be seen in table 5, the 

implementation of CAIR resulted in 

significant reductions in regional 

statewide NOX and SO2 emissions from 

EGUs in the states EPA finds are 

contributing significantly to the annual 

PM2.5 concentrations in the Greater 

Chicago nonattainment area. CAIR 

requirements address emissions through 

2011. CSAPR in turn requires similar or 

greater emission reductions in the nine 

states identified in table 5 starting in 

2012. The upwind emission reduction 

requirements that contributed to the air 

quality improvements in the Greater 

Chicago nonattainment, thus, can be 

considered to be permanent and 

enforceable. 

In summary, the local emissions data 

provided by the State of Indiana support 

the conclusion that significant 

permanent and enforceable NOX and 

SO2 emission reductions have occurred 

in the Greater Chicago nonattainment 

area. For the reasons set forth above, we 

also conclude that significant 

permanent and enforceable emission 

reductions have occurred in regional 

emissions, thus bolstering the observed 

improvement in annual PM2.5

concentrations in the Greater Chicago 

nonattainment area. We thus believe 

that Indiana’s redesignation request 

meets the requirement of section 

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

D. Does Indiana have a fully approvable 

PM2.5 maintenance plan pursuant to 

section 175A of the CAA for Lake and 

Porter Counties? 

Sections 107(d)(3)(E)(iv) and 175A of 

the CAA require that the State 

demonstrate that the area to be 

redesignated will continue to meet the 

PM2.5 NAAQS for at least a ten-year 

maintenance period after EPA’s 

approval of the redesignation. Indiana’s 

maintenance plan includes emission 

inventories that demonstrate that 

emissions of SO2, NOX, and primary 

PM2.5 in the Greater Chicago 

nonattainment area will remain at or 

below the attainment year levels for the 

ten-year period after EPA takes action to 

approve Indiana’s redesignation request. 

As part of Indiana’s redesignation 

request for Lake and Porter Counties, 

the State included projected NOX, SO2, 

and primary PM2.5 emissions 

inventories for the PM2.5 nonattainment 

area for 2015, 2020, and 2025. These 

projected inventories were compared to 

the 2008 attainment year emissions 

inventories to demonstrate maintenance 

of the 1997 annual PM2.5 standard in the 

Greater Chicago nonattainment area. 

The on-road mobile source emission 

components of the 2015 (projected to 

2016) and 2025 emissions inventories 

were also used to establish MVEBs for 

Lake and Porter Counties to be used in 

transportation conformity 

demonstrations. See the discussion of 

the MVEBs below in section VI of this 

proposed rule. 

For each of the applicable pollutants 

and projection years, Indiana prepared 

emission estimates for four types of 

anthropogenic sources: point sources; 

area sources; on-road mobile sources; 

and, nonroad mobile sources. Biogenic 

emissions were assumed to remain 

constant, and were not considered in 

the maintenance demonstration 

analysis. 

The projected 2015, 2020, and 2025 

emissions were estimated by IDEM, 

with assistance from LADCO, the 

Illinois Environmental Protection 

Agency, and NIRPC. Table 6 lists the 

projected NOX, SO2, and primary PM2.5

emissions along with the 2008 

emissions by source sector for Lake and 

Porter Counties. 

TABLE 6—LAKE AND PORTER COUNTIES 2008, 2015, 2020, AND 2025 EMISSIONS BY SOURCE SECTOR

[Tons per year] 

Pollutant Point Area On-road 

mobile 

Off-road 

mobile Totals 

2008 Lake and Porter Counties Emissions Totals 

NOX ...................................................................................... 39,945.76 2,264.46 10,703.81 6,667.71 59,581.74 

SO2 ....................................................................................... 54,916.02 703.25 103.08 476.33 56,198.68

Primary PM2.5 ....................................................................... 6,676.32 23.66 187.10 363.91 7,250.93 

2015 Lake and Porter Counties Emissions Totals 

NOX ...................................................................................... 28,883.26 2,226.21 5,723.67 4,962.17 41,795.31 

SO2 ....................................................................................... 42,394.24 682.86 66.23 267.22 43,410.55 

Primary PM2.5 ....................................................................... 6,650.33 22.70 136.61 248.01 7,057.65 

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TABLE 6—LAKE AND PORTER COUNTIES 2008, 2015, 2020, AND 2025 EMISSIONS BY SOURCE SECTOR—Continued 

[Tons per year] 

Pollutant Point Area On-road 

mobile 

Off-road 

mobile Totals 

2020 Lake and Porter Counties Emissions Totals 

NOX ...................................................................................... 27,832.65 2,187.09 3,004.68 4,057.84 37,082.26 

SO2 ....................................................................................... 38,493.19 664.67 72.76 215.27 39,445.89 

Primary PM2.5 ....................................................................... 6,566.86 21.97 114.32 185.11 6,888.26 

2025 Lake and Porter Counties Emissions Totals 

NOX ...................................................................................... 26,980.09 2,148.80 2,534.95 3,349.95 35,013.79 

SO2 ....................................................................................... 35,888.27 647.07 76.51 175.39 36,787.24 

Primary PM2.5 ....................................................................... 6,484.75 21.29 115.39 140.67 6,762.10 

Table 7 lists the projected emissions 

for the Greater Chicago nonattainment 

area along with the 2008 emissions for 

this area. 

TABLE 7—CHICAGO-GARY-LAKE COUNTY, IL-IN PM2.5 NONATTAINMENT AREA PROJECTED EMISSIONS TOTALS

[Tons per year] 

Year NOX SO2 Primary PM2.5

2008 ............................................................................................................................................. 278,649.74 152,367.68 32,069.68 

2015 ............................................................................................................................................. 187,557.31 107,285.55 25,128.65 

2020 ............................................................................................................................................. 156,231.26 98,829.89 24,729.26 

2025 ............................................................................................................................................. 149,198.79 99,453.24 25,074.10 

Comparison of the 2008 and projected 

2015, 2020, and 2025 emissions 

demonstrates that future emissions 

through 2025 show that the emissions 

levels should remain below the 2008 

emission levels in Lake and Porter 

Counties and in the Greater Chicago 

area. Therefore, the State has 

demonstrated maintenance of the PM2.5

standard in this area for a period 

extending ten years and beyond from 

the time EPA may be expected to 

complete rulemaking on the State’s 

PM2.5 redesignation request for Lake and 

Porter Counties. 

In addition to maintenance of local 

emissions at or below attainment levels, 

EPA considered the continued impact of 

regional emissions levels since we 

believe that these emissions will 

contribute significantly to annual PM2.5

concentrations during the maintenance 

period. Based on the same states 

identified in CSAPR as significant 

contributors of PM2.5 precursor 

emissions (see table 5 and its related 

discussion above), table 8 compares 

these state’s statewide EGU emissions 

for 2008 (the attainment year), derived 

from the CAIR emissions database, with 

the 2012–2013 and 2014 and beyond 

(2014+) statewide EGU emission 

budgets established in the preamble to 

the CSAPR (table VI.D–3, 76 FR 48261). 

The CSAPR emission budgets listed in 

table 8 do not include state-specific 

source variability limits or source setaside emission limits, otherwise 

established in CSAPR. 

TABLE 8—STATEWIDE EGU EMISSIONS (2008) AND EMISSION BUDGETS IN THE CROSS-STATE AIR POLLUTION RULE

[Tons per year] 

State 2008 

2012–2013 

CSAPR 

emission 

budget 

2014 and later 

CSAPR 

emission 

budget 

NOX

Illinois ........................................................................................................................................... 119,930 47,872 47,872 

Indiana ......................................................................................................................................... 190,092 109,726 108,424 

Iowa ............................................................................................................................................. 49,023 38,335 37,424 

Kentucky ...................................................................................................................................... 157,903 85,086 77,238 

Michigan ....................................................................................................................................... 107,623 60,193 57,812 

Minnesota .................................................................................................................................... 60,230 29,572 29,572 

Missouri ........................................................................................................................................ 88,742 52,374 48,717 

Ohio ............................................................................................................................................. 235,049 92,703 87,493 

Pennsylvania ................................................................................................................................ 183,658 119,986 119,194 

Wisconsin ..................................................................................................................................... 47,794 31,628 30,398 

Total ...................................................................................................................................... 1,240,044 667,475 644,144 

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6We acknowledge that differences in individual 

State EGU emission totals will actually occur under 

CSAPR because the implementation of this rule will 

provide for emissions trading and because each 

State’s EGU emissions budget will be supplemented 

with source variability limits and new source setasides. Nonetheless, the regional total EGU 

emissions will be significantly reduced as a result 

of the implementation of CSAPR. 

TABLE 8—STATEWIDE EGU EMISSIONS (2008) AND EMISSION BUDGETS IN THE CROSS-STATE AIR POLLUTION RULE— 

Continued 

[Tons per year] 

State 2008 

2012–2013 

CSAPR 

emission 

budget 

2014 and later 

CSAPR 

emission 

budget 

SO2

Illinois ........................................................................................................................................... 257,357 234,889 124,123 

Indiana ......................................................................................................................................... 565,459 285,424 161,111 

Iowa ............................................................................................................................................. 109,293 107,085 75,184 

Kentucky ...................................................................................................................................... 344,356 189,335 106,284 

Michigan ....................................................................................................................................... 326,500 194,537 143,995 

Minnesota .................................................................................................................................... 71,926 41,981 41,981 

Missouri ........................................................................................................................................ 258,269 207,466 165,941 

Ohio ............................................................................................................................................. 709,444 310,230 137,077 

Pennsylvania ................................................................................................................................ 831,914 278,651 112,021 

Wisconsin ..................................................................................................................................... 129,693 79,480 40,126 

Total ...................................................................................................................................... 3,604,211 1,929,078 1,107,843 

The EGU emissions and emissions 

budgets listed in table 8 show that 

CSAPR is expected to result in 

significantly lower regional EGU 

emissions after 2008. Therefore, CSAPR 

is expected to maintain regional EGU 

emissions below the attainment period 

levels during the maintenance period 

for Lake and Porter Counties. These 

emission reductions are expected to be 

enforceable and generally permanent on 

a regional basis.6

The sizeable reductions in SO2 and 

NOX emissions by 2015, 2020, and 2025, 

relative to those in 2008, shown by 

comparing emissions in tables 3, 4, 6, 

and 7 above, are due in significant part 

to restrictions mandated by EPA to 

reduce power plant emissions of SO2

and NOX in the Eastern United States in 

order to reduce pollutant transport in 

this region. To develop the 2015, 2020, 

and 2025 EGU emission inventories, 

Indiana used emission projections 

premised on the implementation of 

CAIR requirements as an approximation 

of the emissions levels the States of 

Indiana and Illinois project to occur 

following the promulgation of CSAPR. 

We acknowledge that emissions 

following implementation of CSAPR 

may differ somewhat from the emissions 

that would have occurred under CAIR. 

On the other hand, as noted above, 

EPA’s CSAPR achieves substantial 

regional reductions of SO2 and NOX

emissions from EGUs. EPA has not 

made emission estimates for 2020 or 

2025 that are premised on the 

implementation of CSAPR. However, 

table 8 above shows the emission 

budgets that EPA established in CSAPR 

for the relevant states. These emission 

budgets are significantly lower than the 

2008 EGU emissions in each State. 

CSAPR also addresses EGU emissions in 

the Greater Chicago nonattainment area. 

Given the substantial degree of control 

of the various EGUs in Lake and Porter 

Counties, and in the Greater Chicago 

nonattainment area as a whole, both 

currently and projected into the future, 

EPA finds Indiana’s projection of such 

emission declines through 2025 to be 

appropriate forecasts of future 

emissions. The projected emission 

reductions for the Greater Chicago 

nonattainment area, along with the SO2

and NOX emission reductions expected 

to occur in upwind states, demonstrate 

continued maintenance of the PM2.5

annual standard in the Greater Chicago 

nonattainment area. 

In conjunction with the projections 

for dramatic declines in the Greater 

Chicago nonattainment area emissions 

of SO2 and NOX, Indiana shows that 

there will also be a decrease in primary 

PM2.5 emissions in this area between 

2008 and 2025, although the percentage 

of this emission reduction is relatively 

small compared to those of SO2 and 

NOX emissions. 

Maintenance of the 1997 annual PM2.5

air quality standard in the Greater 

Chicago nonattainment area is a 

function of regional as well as local 

emissions trends. The regional impacts 

are dominated by the impacts of SO2

and NOX emissions. The previous 

section (discussing permanent and 

enforceable emission reductions) 

showed that CSAPR is expected to 

provide for substantial SO2 and NOX

emission reductions through 2014 and 

beyond, reductions that are expected to 

be maintained throughout and well 

beyond the period (through 2020 and 

2025) addressed in Indiana’s 

maintenance plan. This lends support to 

Indiana’s projection that regional 

emission limitations in place will 

continue to result in low emissions in 

2020 and 2025. With CSAPR, the caps 

on emissions of SO2 and NOX from the 

power sector will ensure against growth 

in SO2 and NOX emissions from these 

sources, and, in combination with motor 

vehicle rules and other rules, will assure 

a continuing decline in SO2 and NOX

emissions. Therefore, EPA notes that 

available emissions data indicate that, 

with the implementation of CSAPR, the 

Greater Chicago area can be expected to 

maintain the standard through 2025. 

EPA concludes that Indiana’s 

maintenance plan demonstrates 

maintenance for the period required 

under section 175A of the CAA, and 

consideration of the impacts of CSAPR 

supports this conclusion. 

Indiana also presented modeling 

analysis indicating that the Greater 

Chicago area will continue to attain the 

PM2.5 NAAQS well into the future. This 

analysis was produced by LADCO, and 

submitted by Indiana as part of the May 

26, 2011, submittal. EPA disagrees with 

Indiana’s contention that this modeling 

demonstrates attainment in the Greater 

Chicago area in the absence of CAIR, 

insofar as the analysis was predicated 

on 2007 emission levels that already 

include a set of emission reductions 

attributable to CAIR. However, EPA 

contends that the analysis, showing 

attainment with implementation of a 

subset of the emission reductions 

expected from CAIR, supports the 

conclusion that implementation of the 

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full set of reductions that were expected 

from CAIR (or a relatively similar set of 

reductions from CSAPR) will also assure 

that the standard is maintained. 

Indiana’s maintenance plan contains 

additional elements, including a 

commitment to continue to operate an 

EPA-approved monitoring network to 

track ongoing compliance with the 

NAAQS. Indiana currently operates six 

ambient PM2.5 monitors in Lake and 

Porter Counties. Indiana remains 

obligated to continue to collect and 

follow quality assurance procedures for 

monitoring data in accordance with 40 

CFR part 58 and to enter all data into 

the Air Quality System in accordance 

with Federal guidelines. Indiana will 

use these data, supplemented with 

PM2.5 monitoring data from the Illinois 

portion of the Greater Chicago area and 

any additional information necessary, to 

verify continued attainment of the 

standard. Indiana will also continue to 

develop and submit periodic emission 

inventories, as required by the Federal 

Consolidated Emissions Reporting Rule 

(codified at 40 CFR part 51 subpart A), 

to track future levels of emissions. 

Indiana’s maintenance plan also 

includes contingency measures as 

required by section 175A(d) of the CAA. 

The contingency measures are designed 

to prevent or promptly correct a 

violation of the NAAQS after 

redesignation to attainment of the 

standard. Section 175A of the CAA 

requires that a maintenance plan 

include such contingency measures as 

EPA deems necessary to assure that the 

State will promptly correct a violation 

of the NAAQS that occurs after 

redesignation, including all measures 

that were in the plan prior to 

redesignation. Indiana’s contingency 

measures provide that, if a violation 

occurs, Indiana will implement an 

‘‘Action Level Response’’ to evaluate 

what measures are warranted to address 

the violation. In particular, IDEM 

commits to implementing one or more 

measures from a list of candidate 

measures given in the plan, or other 

emission control measures, as needed to 

correct the air quality problem. 

Indiana’s candidate contingency 

measures include the following: 

• Vehicle Inspection and 

Maintenance Enhancements 

• Alternative Fuel and Diesel Retrofit 

Programs 

• NOX and SO2 Emission Offsets for 

New and Modified Major Sources 

• NOX and SO2 Emission Offsets for 

New and Modified Minor Sources 

• Increased Offset Ratio for New 

Sources 

• NOX and SO2 Controls on New 

Minor Sources 

• Wood Stove Change-Out Program 

• Increased Recovery Efficiency at 

Sulfur Recovery Plants 

• Various Emission Reduction 

Measures or Dust Suppression for 

Unpaved Roads and/or Parking Lots 

• Idling Restrictions 

• Broader Geographic Applicability of 

Existing Measures, and 

• Various Transportation Control 

Measures Sufficient To Achieve At 

Least a 0.5 Percent Reduction in AreaWide PM2.5 Precursor Emissions. 

Under Indiana’s plan, control 

measures are to be adopted and 

implemented within 18 months from 

the end of the season in which air 

quality triggering the Action Level 

Response occurs. Indiana further 

commits to conduct an ongoing review 

of its monitored data, and if monitored 

concentrations or emissions are trending 

upward, Indiana commits to take 

appropriate steps to avoid a violation if 

possible. EPA contends that Indiana’s 

contingency plan satisfies the pertinent 

requirements of section 175A(d). 

As required by section 175A(b) of the 

CAA, Indiana commits to submit to the 

EPA an updated PM2.5 maintenance 

plan eight years after redesignation of 

Lake and Porter Counties to assure 

maintenance for an additional ten-year 

period beyond the initial maintenance 

period. As required by section 175A of 

the CAA, Indiana has also committed to 

retain the PM2.5 control measures 

contained in the SIP prior to 

redesignation. 

For all of the reasons outlined above, 

EPA is proposing to approve Indiana’s 

PM2.5 maintenance plan for Lake and 

Porter Counties and the Greater Chicago 

area. 

VI. Has the State adopted acceptable 

MVEBs for the PM2.5 maintenance 

period? 

Under section 176(c) of the CAA, 

transportation plans and Transportation 

Improvement Programs (TIPs) must be 

evaluated for conformity with SIPs. 

Consequently, Indiana’s redesignation 

request provides MVEBs, conformance 

with which will assure that motor 

vehicle emissions are at or below levels 

that can be expected to provide for 

attainment and maintenance of the 

PM2.5 NAAQS. Indiana’s April 3, 2008, 

submittal included emission budgets for 

NOX and PM2.5 for 2010 and 2020. 

Indiana submitted a replacement set of 

budgets in its May 26, 2011, submittal. 

These updated budgets address the 

years 2016 and 2025. However, in a 

letter dated July 20, 2011, Indiana has 

requested that EPA not act on the 2016 

MVEBs for Lake and Porter Counties 

because of concerns with the way in 

which these emission budgets were 

calculated. Since the 2025 emission 

budgets replace the emission budgets 

submitted in April 2008, EPA will no 

longer conduct rulemaking on the April 

2008 MVEBs and will not act on the 

2016 MVEBs per Indiana’s request. 

Table 9 shows the updated 2025 

MVEBs as well as the 2025 emission 

projections on which these budgets are 

based. Table 9 also shows the 2008 onroad mobile source emissions, which 

are part of the emissions which have led 

to attainment of the 1997 annual PM2.5

standard in the Chicago-Gary-Lake 

County, IL-IN area. Indiana did not 

provide emission budgets for SO2, VOC, 

and ammonia because it concluded, 

consistent with EPA’s presumptions 

regarding these PM2.5 precursors, that 

emissions of these precursors from 

motor vehicles are not significant 

contributors to the area’s PM2.5 air 

quality problem. 

TABLE 9—MOBILE SOURCE EMISSION PROJECTIONS FOR LAKE AND PORTER COUNTIES

[Tons per year] 

Year 

NOX Primary PM2.5

Emissions 

estimate Budget Emissions estimate Budget 

2008 ................................................................................................................. 10,703.81 ........................ 187.09 ........................

2025 ................................................................................................................. 2,534.95 2,915.19 115.39 132.70 

Table 9 shows substantial decreases 

in on-road mobile source NOX and 

primary PM2.5 emissions from 2008 to 

2025. The emission reductions are 

expected because newer vehicles, 

subject to more stringent emission 

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standards, are continually replacing 

older, dirtier vehicles. Indiana provided 

emission budgets for 2025 that include 

a safety margin of 15 percent above 

projected levels. Safety margins are 

included in the MVEBs to account for 

the wide range of assumptions that are 

factored into the motor vehicle emission 

projections. The safety margins are 

constrained so as to prevent any 

increases in on-road emissions from 

interfering with the maintenance of the 

1997 annual PM2.5 standard during the 

maintenance period. In Lake and Porter 

Counties, the MVEBs and motor vehicle 

emission projections for both NOX and 

primary PM2.5 are lower than attainment 

year levels. 

EPA is proposing to approve the 2025 

Lake and Porter Counties MVEBs into 

the Indiana SIP because, based on our 

review of the submitted maintenance 

plan, we have determined that the 

maintenance plan and MVEBs meet 

EPA’s criteria found in 40 CFR 

93.118(e)(4) for determining that MVEBs 

are adequate for use in transportation 

conformity determinations and are 

approvable because, when considered 

together with the submitted 

maintenance plan projected emissions, 

they provide for maintenance of the 

1997 annual PM2.5 standard in the 

Chicago-Gary-Lake County, IL-IN area. 

The budgets that Indiana submitted 

were calculated using the MOBILE6.2 

motor vehicle emissions model. EPA is 

proposing to approve the inventory and 

the conformity emission budgets 

calculated using this model because this 

model was the most current model 

available at the time Indiana was 

performing its analysis. As noted above 

and separate from today’s proposal, EPA 

has issued an updated motor vehicle 

emissions model known as the Motor 

Vehicle Emission Simulator (MOVES). 

In its announcement of this model, EPA 

established a two-year grace period for 

continued use of MOBILE6.2 in 

transportation conformity 

determinations for transportation plans 

and TIPs (extending to March 2, 2012), 

after which states and metropolitan 

planning organizations (other than 

California) must use MOVES for 

transportation plan and TIP conformity 

determinations. (See 75 FR 9411, March 

2, 2010.) 

Additional information on the use of 

MOVES in SIPs and conformity 

determinations can be found in the 

December 2009 ‘‘Policy Guidance on the 

Use of MOVES2010 for State 

Implementation Plan Development, 

Transportation Conformity, and Other 

Purposes.’’ This guidance document is 

available at: http://www.epa.gov/otaq/ 

models/moves/420b09046.pdf. During 

the conformity grace period, the state 

and MPO(s) should use the interagency 

consultation process to examine how 

MOVES2010a will impact their future 

transportation plan and TIP conformity 

determinations, including regional 

emissions analyses. For example, an 

increase in emission estimates due to 

the use of MOVES2010a may affect an 

area’s ability to demonstrate conformity 

for its transportation plan and/or TIP. 

Therefore, state and local planners 

should carefully consider whether the 

SIP and MVEBs, transportation plans, 

and TIPs should be revised with 

MOVES2010a before the end of the 

conformity grace period, since doing so 

may be necessary to ensure conformity 

determinations in the future. 

We would expect that states and 

metropolitan planning organizations 

would work closely with EPA and the 

local Federal Highway Administration 

and Federal Transit Administration 

offices to determine an appropriate 

course of action to address this type of 

situation if it is expected to occur. If 

Indiana chooses to revise the Lake and 

Porter Counties maintenance plan, it 

should consult the response to Question 

7 of the December 2009 Policy Guidance 

on the Use of MOVES2010 for State 

Implementation Plan Development, 

Transportation Conformity, and Other 

Purposes for information on 

requirements related to such revisions. 

VII. Are the base year emissions 

inventories for Lake and Porter 

Counties approvable under CAA 

section 172(c)(3)? 

In addition to air quality data 

supporting the State’s PM2.5

redesignation request, emissions data 

are needed to meet CAA emission 

inventory requirements. Under section 

172(c)(3) of the CAA, Indiana is 

required to submit comprehensive, 

accurate, and current inventories of 

actual emissions of PM2.5 and PM2.5

precursors for each PM2.5 nonattainment 

area. 

As noted in table 2 above, Indiana has 

documented 2002 and 2005 NOX, SO2, 

and primary PM2.5 emissions for Lake 

and Porter Counties. The 2005 emission 

inventories (and those for other years 

summarized above) are documented in 

appendices B through G of Indiana’s 

May 26, 2011, submittal. General 

techniques used derive these emissions 

were documented in the revised PM2.5

redesignation request included with the 

May 26, 2011, submittal. These 

derivation techniques and sources of 

information were discussed above in 

section V.C.2 of this proposed action. 

EPA has reviewed Indiana’s 

documentation of the emissions 

inventory techniques and the data 

sources used for the derivation of the 

2005 base year emissions and has found 

that Indiana has thoroughly 

documented the derivation of these 

emissions inventories. 

In the May 26, 2011, submittal, IDEM 

states that the 2005 base year emissions 

inventories (and the 2008 attainment 

year emissions inventories) are 

currently the most complete emissions 

inventories for PM2.5 and PM2.5

precursors in Lake and Porter Counties. 

We conclude that the 2005 emissions 

inventories are complete and are as 

accurate as possible given the input data 

available to the state. Therefore, we 

propose to approve the 2005 PM2.5

emissions inventories for Lake and 

Porter Counties as meeting the 

requirement of section 172(c)(3) of the 

CAA. 

VIII. What are EPA’s proposed actions 

and what are the effects of these 

proposed actions? 

In its rulemaking of November 27, 

2009, EPA determined that the Greater 

Chicago area has attained the 1997 

annual PM2.5 NAAQS. EPA’s review of 

more recent data indicates that the area 

continues to attain this standard. Thus, 

EPA is proposing to determine that the 

area continues to attain the 1997 annual 

PM2.5 standard. EPA is also proposing to 

approve Indiana’s maintenance plan for 

Lake and Porter Counties as a SIP 

revision that meets the requirements of 

section 175A of the CAA. EPA proposes 

to approve the 2005 emission 

inventories for Lake and Porter Counties 

included in Indiana’s May 26, 2011, 

submittal as satisfying the requirement 

in section 172(c)(3) of the CAA. 

Pursuant to section 107(d)(3)(E) of the 

CAA, EPA proposes to approve the State 

of Indiana’s request to redesignate Lake 

and Porter Counties, Indiana to 

attainment of the 1997 annual PM2.5

NAAQS. Finally, EPA is proposing to 

find adequate and to approve 2025 

MVEBs for Lake and Porter Counties for 

purposes of future transportation 

conformity. 

If finalized, approval of the 

redesignation request would change the 

legal designation of Lake and Porter 

Counties for the 1997 annual PM2.5

NAAQS, found at 40 CFR part 81, from 

nonattainment to attainment. Finalizing 

EPA’s proposal to approve several 

revisions to the Indiana SIP for Lake and 

Porter Counties would approve into the 

Indiana SIP the Lake and Porter 

Counties’ 1997 annual PM2.5

maintenance plan, the 2005 emission 

inventories submitted with the 

maintenance plan, and 2025 MVEBs. 

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59614 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Proposed Rules 

IX. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, these actions: 

• Are 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); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 CAA; and 

• Do 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 proposed 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter. 

Dated: September 12, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–24376 Filed 9–26–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 101 

[WT Docket No. 10–153; RM–11602; FCC 

11–120] 

Facilitating the Use of Microwave for 

Wireless Backhaul and Other Uses and 

Providing Additional Flexibility To 

Broadcast Auxiliary Service and 

Operational Fixed Microwave 

Licensees 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission seeks more targeted 

comments on proposals originally 

discussed in its Notice of Inquiry (NOI), 

for increasing the flexibility of our part 

101 rules to promote wireless backhaul. 

We seek comment on certain proposals 

offered by parties in response to the NOI 

that we believe warrant further 

consideration. We also seek comment 

on additional ways to increase the 

flexibility, capacity and costeffectiveness of the microwave bands, 

while protecting incumbent licensees in 

these bands. By enabling more flexible 

and cost-effective microwave services, 

the Commission can help accelerate 

deployment of fourth-generation (4G) 

mobile broadband infrastructure across 

America. In addition, we address a 

petition for rulemaking filed by Fixed 

Wireless Communications Coalition 

(FWCC). 

DATES: Submit comments on or before 

October 4, 2011. Submit reply 

comments on or before October 25, 

2011. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. You may submit 

comments, identified by WT Docket No. 

10–153, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: (202) 418–0530 or TTY: (202) 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: John 

Schauble, Deputy Chief, Wireless 

Telecommunications Bureau, 

Broadband Division, at 202–418–0797 

or by e-mail to John.Schauble@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Backhaul 

Further Notice of Proposed Rulemaking 

(FNPRM), FCC 11–120, adopted and 

released on August 9, 2011. The full text 

of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Room CY–A257, 

445 12th Street, SW., Washington, DC 

20554. The complete text may be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc. (BCPI), Portals II, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, (202) 488–5300, 

facsimile (202) 488–5563, or via e-mail 

at fcc@bcpiweb.com. The complete text 

is also available on the Commission’s 

Web site at http://hraunfoss.fcc.gov/ 

edocs_public/attachmatch/FCC-11- 

120A1.doc. Alternative formats 

(computer diskette, large print, audio 

cassette, and Braille) are available by 

contacting Brian Millin at (202) 418– 

7426, TTY (202) 418–7365, or via e-mail 

to bmillin@fcc.gov. 

Summary 

Review of Part 101 Antenna Standards 

1. Section 101.115(b) of the 

Commission’s rules establishes 

directional antenna standards designed 

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