15224 Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2013–0415; FRL 9908–16– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Evansville Area; 1997 Annual Fine 

Particulate Matter Maintenance Plan 

Revision to Approved Motor Vehicle 

Emissions Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a request by 

Indiana to revise the 1997 annual fine 

particulate matter (PM2.5) maintenance 

air quality state implementation plan 

(SIP) for the Evansville/Southwestern 

Indiana Area to replace onroad 

emissions inventories and motor vehicle 

emissions budgets (budgets) with 

inventories and budgets developed 

using EPA’s Motor Vehicle Emissions 

Simulator (MOVES) emissions model. 

Indiana submitted the SIP revision 

request for the Evansville Area on July 

2, 2013. 

DATES: This direct final rule is effective 

May 19, 2014, unless EPA receives 

adverse comments by April 18, 2014. If 

adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2013–0415, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

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. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2013– 

0415. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Anthony 

Maietta, Environmental Protection 

Specialist, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Protection Specialist, Control Strategies 

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

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@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 is EPA approving? 

II. What is the background for this action? 

a. SIP Budgets and Transportation 

Conformity 

b. Prior Approval of Budgets 

c. The MOVES Emissions Model 

d. Submission of MOVES2010a-Based 

Inventories 

III. What are the criteria for approval? 

IV. What is EPA’s analysis of the state’s 

submittal? 

a. The Revised Inventories 

b. Approvability of the MOVES2010aBased Budgets 

c. Applicability of MOBILE6.2-Based 

Budgets 

V. What action is EPA taking? 

VI. Statutory and Executive Order Reviews 

I. What is EPA approving? 

EPA is approving new MOVES2010abased onroad emissions inventories and 

budgets for the Evansville, Indiana 1997 

annual PM2.5 maintenance area that will 

replace MOBILE6.2-based inventories 

and budgets in the SIP. The Evansville, 

Indiana area is comprised of Dubois, 

Vanderburgh, and Warrick Counties, 

Montgomery Township in Gibson 

County, Ohio Township in Spencer 

County, and Washington Township in 

Pike County. The area was redesignated 

to attainment of the 1997 annual PM2.5

standard, effective on October 27, 2011 

(76 FR 59527). MOBILE6.2-based 

onroad emissions inventories and 

budgets were approved in that action. 

Upon effective date of approval of the 

MOVES2010a-based budgets, they must 

be used in future transportation 

conformity analyses for the area as 

required by section 176(c) of the Clean 

Air Act (CAA). See the official release 

of the MOVES2010 emissions model (75 

FR 9411–9414) for background, and 

section II.c. below for details. 

II. What is the background for this 

action? 

a. SIP Budgets and Transportation 

Conformity 

Under the CAA, states are required to 

submit control strategy SIP revisions 

and maintenance plans for 

nonattainment and maintenance areas 

for a given national ambient air quality 

standard (NAAQS). These SIP revisions 

and maintenance plans include budgets 

of onroad mobile source emissions for 

criteria pollutants and/or their 

precursors. Transportation plans and 

projects ‘‘conform’’ to (i.e., are 

consistent with) the SIP when they will 


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Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations 15225 

not cause or contribute to air quality 

violations, or delay timely attainment of 

the NAAQS or an interim milestone. 

b. Prior Approval of Budgets 

On September 27, 2011 (76 FR 59527), 

EPA approved MOBILE6.2-based 

budgets for the Evansville 1997 annual 

PM2.5 maintenance area for direct 

emissions of PM2.5 and emissions of its 

precursor pollutant, nitrogen oxides 

(NOX). The Evansville area’s PM2.5

maintenance plan established 2015 and 

2022 budgets. These budgets 

demonstrated a reduction in emissions 

from the monitored attainment year. 

c. The MOVES Emissions Model 

The MOVES model is EPA’s state of 

the art tool for estimating highway 

emissions. EPA announced the release 

of MOVES2010 in March 2010 (75 FR 

9411). Use of the MOVES model is 

required for regional emissions analyses 

for transportation conformity 

determinations outside of California that 

begin after March 2, 2013. 

The MOVES model was used to 

estimate emissions in the areas for the 

same milestone years as the original 

onroad emissions inventories and 

budgets in the SIP. The Indiana 

Department of Environmental 

Management (IDEM) is revising the 

onroad emissions inventories and 

budgets using the latest planning 

assumptions, including population and 

employment updates. In addition, 

newer vehicle registration data have 

been used to update the age distribution 

of the vehicle fleets. Since future 

demonstrations of conformity will use 

emissions estimates derived with 

MOVES, it is appropriate to establish 

benchmarks based on MOVES. The 

interagency consultation groups for 

these areas have had extensive 

consultation on the requirements and 

need for new budgets. 

d. Submission of MOVES2010a-Based 

Inventories 

Indiana submitted onroad inventories 

to EPA based on MOVES2010a that 

cover the Evansville, Indiana area on 

July 2, 2013. During the state public 

comment period, Indiana did not 

receive any comments on its submittal. 

The new MOVES2010a-based budgets 

taken from these inventories are for the 

years 2015 and 2020 for both PM2.5 and 

NOX. The budgets for these areas are 

detailed later in this notice. 

TABLE 1—TOTAL ONROAD PM2.5 EMISSIONS WITH MOVES2010A MOBILE EMISSIONS IN EVANSVILLE, INDIANA

[Tons per day] 

Sector 2005 

Attainment 

2015 

Interim 

2022 

Maintenance 

Onroad ......................................................................................................................................... 440.28 199.93 100.45 

TABLE 2—TOTAL NOX EMISSIONS WITH MOVES2010A MOBILE EMISSIONS IN EVANSVILLE, INDIANA

[Tons per day] 

Sector 2005 

Attainment 

2015 

Interim 

2022 

Maintenance 

Onroad ......................................................................................................................................... 12,336.71 5,642.95 3,173.08 

As shown in tables 1 and 2, the 

submittal demonstrates that onroad 

emissions decrease considerably 

between the attainment year and the 

maintenance year. The submittal 

demonstrates that the MOVES2010abased onroad emissions’ rate of decline 

is greater than the rate of decline of the 

originally approved MOBILE6.2-based 

onroad emissions. No additional control 

measures were needed to maintain the 

1997 annual PM2.5 standard in the 

Evansville area. 

III. What are the criteria for approval? 

EPA requires that revisions to existing 

SIPs and budgets continue to meet 

applicable requirements (e.g., 

reasonable further progress, attainment, 

or maintenance). The SIP must also 

meet any applicable SIP requirements 

under CAA section 110. In addition, 

adequacy criteria found at 40 CFR 

93.118(e)(4) must be satisfied before 

EPA can find submitted budgets 

adequate and approve them for 

conformity purposes. 

States can revise their budgets and 

inventories for specific areas using 

MOVES without revising their entire 

SIP if (1) the SIP continues to meet 

applicable requirements when the 

previous motor vehicle emissions 

inventories are replaced with MOVES 

base year and milestone, attainment, or 

maintenance year inventories, and (2) 

the state can document that growth and 

control strategy assumptions for nonmotor vehicle sources continue to be 

valid and any minor updates do not 

change the overall effectiveness of the 

SIP. The submittal meets this 

requirement as described below in the 

next section. 

For more information, see EPA’s latest 

‘‘Policy Guidance on the Use of 

MOVES2010 for SIP Development, 

Transportation Conformity, and Other 

Purposes’’ (April 2012), available online 

at: www.epa.gov/otaq/stateresources/

transconf/policy.htm# models. 

IV. What is EPA’s analysis of the state’s 

submittal? 

a. The Revised Inventories 

The SIP revision request for the area’s 

1997 annual PM2.5 maintenance plan 

seeks to revise only the onroad mobile 

source inventories. IDEM has certified 

that the control strategies for the area 

remain the same as in the original SIP, 

and that no other control strategies are 

necessary. IDEM has determined that 

growth and control strategy assumptions 

for non-mobile sources (i.e., area, 

nonroad, and point) have not changed 

significantly from the original submittal. 

This is corroborated by the monitoring 

data for the area, which continue to 

monitor attainment for the 1997 annual 

PM2.5 standard. IDEM’s submittal 

confirms that in the revised SIP, onroad 

emissions in the area continue to 

decline and remain below the 

attainment levels. 

Indiana has submitted budgets taken 

from the MOVES 2010a-based onroad 

inventories for the Evansville area. The 

revised budgets are displayed in table 3. 


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15226 Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations 

TABLE 3—MOTOR VEHICLE EMISSION

BUDGETS (MOVES) FOR THE

EVANSVILLE, INDIANA 1997 PM2.5

AREA IN TONS PER YEAR

Year 2015 2022 

PM2.5 ......... 199.93 100.45 

NOX .......... 5,642.95 3,173.08 

b. Approvability of the MOVES2010aBased Budgets 

EPA is approving the MOVES2010abased budgets submitted by Indiana for 

use in determining transportation 

conformity in the Evansville, Indiana 

1997 annual PM2.5 maintenance area. 

EPA evaluated the MOVES2010a-based 

budgets using the adequacy criteria 

found in 40 CFR 93.118(e)(4) and SIP 

requirements. 

Before submitting the revised budgets, 

IDEM followed all necessary conformity 

procedures. The budgets are clearly 

identified and precisely quantified in 

the submittal. The budgets, when 

considered with other emissions 

sources, are consistent with continued 

maintenance of the 1997 annual PM2.5

standard. The budgets are clearly related 

to the emissions inventories and control 

measures in the SIP. The changes from 

the previous budgets are clearly 

explained with the change in the model 

from MOBILE6.2 to MOVES2010a and 

the revised and updated planning 

assumptions. The inputs to the model 

are detailed in the Appendices to the 

submittal. EPA has reviewed the inputs 

to the MOVES2010a modeling and 

participated in the consultation process. 

The Federal Highway Administration 

and the Indiana Department of 

Transportation have taken a lead role in 

working with the area’s metropolitan 

planning organization to provide 

accurate, timely information and inputs 

to the MOVES2010a model runs. The 

state has documented that growth and 

control strategy assumptions for nonmotor vehicle sources (i.e. area, 

nonroad, and point) continue to be valid 

and any minor updates do not change 

the overall conclusions of the SIP. 

Indiana’s submittal confirms that the 

SIP continues to demonstrate 

maintenance of the 1997 annual PM2.5

standard, and onroad NOX and PM2.5

emissions in the revised SIP continue to 

decrease from the attainment year to the 

final year of the maintenance plan for 

the area, as shown in tables 1 and 2. 

c. Applicability of MOBILE6.2-Based 

Budgets 

Upon the effective date of the 

approval of the revised budgets, the 

state’s existing MOBILE6.2-based 

budgets for the area will no longer be 

applicable for transportation conformity 

purposes. 

V. What action is EPA taking? 

EPA is approving the onroad mobile 

source emissions inventories and 

budgets for the Evansville, Indiana 1997 

annual PM2.5 maintenance plan, as 

submitted on July 2, 2013. We are 

publishing this action without prior 

proposal because we view this as a 

noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective May 19, 2014 without further 

notice unless we receive relevant 

adverse written comments by April 18, 

2014. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. 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. If we do not receive any 

comments, this action will be effective 

May 19, 2014. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, 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 approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 


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Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations 15227 

Court of Appeals for the appropriate 

circuit by May 19, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter. 

Dated: March 4, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR Part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.770 the table in paragraph 

(e) is amended by adding a new entry 

in alphabetical order for ‘‘Evansville/

Southwest Indiana Area 1997 annual 

fine particulate matter maintenance 

plan’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Indiana 

date EPA Approval Explanation 

*******

Evansville/Southwest Indiana Area 1997 

annual fine particulate matter maintenance plan.

............. 03/19/14, [INSERT PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

Revision to motor vehicle emission budgets. 

*******

■ 3. Section 52.776 is amended by 

adding paragraph (v)(5) to read as 

follows: 

§ 52.776 Control Strategy: Particulate 

matter. 

* * * * * 

(v) * * * 

(5) Approval—On July 2, 2013 

Indiana submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

annual fine particulate matter 

maintenance plan for the Evansville 

maintenance area. The budgets are being 

revised with budgets developed with 

the MOVES2010a model. The 2015 

motor vehicle emissions budgets are 

199.93 tpy PM2.5 and 5,642.95 tpy NOX. 

The 2022 motor vehicle emissions 

budgets are 100.45 tpy PM2.5 and 3,173 

tpy NOX. 

* * * * * 

[FR Doc. 2014–05903 Filed 3–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0657; FRL–9907–00- 

Region 9] 

Approval and Promulgation of 

Implementation Plans; State of 

Arizona; Payson PM10 Air Quality 

Planning Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Pursuant to the Clean Air Act 

(CAA), the Environmental Protection 

Agency (EPA) is approving a revision to 

the Payson portion of the Arizona State 

Implementation Plan (SIP) submitted by 

the Arizona Department of 

Environmental Quality on January 23, 

2012. This revision consists of the 

second ten-year maintenance plan for 

the Payson air quality planning area for 

the national ambient air quality 

standards (NAAQS) for particulate 

matter less than 10 microns in diameter 

(PM10). EPA is approving this plan 

based on the conclusion that the plan 

adequately provides for continued 

maintenance of the PM10 NAAQS in the 

Payson area through 2022. EPA is taking 

this action pursuant to those provisions 

of the CAA that obligate the Agency to 

take action on submittals of revisions to 

SIPs. The effect of this action is to make 

the State’s continuing commitments 

with respect to maintenance of the PM10

NAAQS in the Payson area federally 

enforceable for another ten years. 

DATES: This rule is effective on May 19, 

2014 without further notice, unless EPA 

receives adverse comments by April 18, 

2014. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0657, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 


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