Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Rules and Regulations 10385 

Name of non-regulatory SIP revision 

Applicable 

geographic 

area 

State 

submittal 

date 

EPA 

approval date 

Additional 

explanation 

*******

[FR Doc. 2014–03640 Filed 2–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2013–0414, EPA–R05– 

OAR–2013–0424, EPA–R05–OAR–2013– 

0425, EPA–R05–OAR–2013–0432; FRL– 

9906–50–Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Allen, Greene, Vanderburgh, Warrick, 

and Vigo Counties; 1997 8-Hour Ozone 

Maintenance Plan Revision to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Under the Clean Air Act 

(CAA), the Environmental Protection 

Agency (EPA) is approving requests by 

Indiana to revise the 1997 8-hour ozone 

maintenance air quality state 

implementation plan (SIP) for Allen, 

Greene, Vanderburgh, Warrick, and Vigo 

Counties 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 requests for Allen, Vigo, 

Vanderburgh, and Warrick Counties on 

July 2, 2013, and submitted the SIP 

revision request for Greene County on 

July 8, 2013. 

DATES: This direct final rule will be 

effective April 28, 2014, unless EPA 

receives adverse comments by March 

27, 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 Nos. EPA–R05– 

OAR–2013–0414 (Vanderburgh and 

Warrick Counties), EPA–R05–OAR– 

2013–0424 (Allen County), EPA–R05– 

OAR–2013–0425 (Greene County), EPA– 

R05–OAR–2013–0432 (Vigo County), 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 Nos. EPA–R05–OAR–2013– 

0414, EPA–R05–OAR–2013–0424, EPA– 

R05–OAR–2013–0425, EPA–R05–OAR– 

2013–0432. 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 New Budgets Based on 

MOVES2010a. 

III. What are the criteria for approval? 

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

submittals? 

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 Allen, Greene, 

Vanderburgh, Warrick, and Vigo 

Counties 1997 8-hour ozone 

maintenance areas that will replace 


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10386 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Rules and Regulations 

MOBILE-based inventories and budgets 

in the SIP. These areas were 

redesignated to attainment of the 1997 

8-hour ozone standard, effective on the 

following dates: Allen County on 

February 12, 2007 (72 FR 1292), Greene 

County on December 29, 2005 (70 FR 

69085), Vanderburgh and Warrick 

Counties on January 30, 2006 (70 FR 

77026), and Vigo County on February 6, 

2006 (71 FR 541). MOBILE6.2-based 

onroad emissions inventories and 

budgets were approved in those actions. 

Upon the effective date of this action, 

the MOVES-based budgets must be used 

in future transportation conformity 

analyses for these areas, as required by 

section 176(c) of the 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, at various times, 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 

not cause or contribute to air quality 

violations, or delay timely attainment of 

the NAAQS or an interim milestone. 

b. Prior Approval of Budgets 

EPA previously approved 

MOBILE6.2-based budgets for the Allen, 

Greene, Vanderburgh, Warrick, and Vigo 

Counties 8-hour ozone maintenance 

areas for volatile organic compounds 

(VOCs) and nitrogen oxides (NOX). The 

Allen County area’s ozone maintenance 

plan established 2020 budgets. The 

Greene, Vanderburgh, Warrick, and Vigo 

Counties areas’ ozone maintenance 

plans established 2015 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 New Budgets Based on 

MOVES2010a 

During the state public comment 

periods for these submittals, Indiana did 

not receive any comments for the Allen 

County, Vigo County, or Vanderburgh 

and Warrick Counties submittals. 

Indiana received comments requesting 

clarification on the Greene County 

submittal from concerned citizens and 

the Hoosier Environmental Council, and 

provided responses to the clarifications 

requested. 

Indiana submitted final budgets to 

EPA, based on MOVES2010a, that cover 

the Allen County (submitted July 2, 

2013), Greene County (submitted July 8, 

2013), Vanderburgh and Warrick 

Counties (submitted July 2, 2013), and 

Vigo County (submitted July 2, 2013), 

Indiana areas. 

For Allen County, the new 

MOVES2010a-based budgets are for the 

year 2020 for both VOCs and NOX. For 

Greene, Vanderburgh, Warrick, and Vigo 

Counties, the new MOVES2010a based 

budgets are for the year 2015 for both 

VOCs and NOX. The budgets for these 

areas are detailed later in this notice. 

Indiana also provided the areas’ total 

emissions, including onroad mobile 

emissions inventories based on 

MOVES2010a, for the attainment year, 

the interim budget year, and the 

maintenance year. The combined 

emissions reduction from all sectors 

between the attainment year and the 

maintenance year for each area is shown 

as well. Total emissions include point, 

area, nonroad mobile and onroad mobile 

sources. The total emissions and 

combined emissions reduction from all 

sectors from the attainment year to the 

maintenance year for VOC and NOX are 

shown for each area in tables 1 through 

8. 

TABLE 1—TOTAL VOC EMISSIONS WITH MOVES2010a MOBILE EMISSIONS IN ALLEN COUNTY, INDIANA

[tons per day] 

Sector 2004 

Attainment 

2010 

Interim 

2020 

Maintenance 

Combined 

emissions 

reduction 

(2004–2020) 

Point ................................................................................................................. 9.33 7.91 9.74 ........................

Area ................................................................................................................. 18.99 20.00 22.17 ........................

Onroad ............................................................................................................. 14.86 8.97 3.93 ........................

Nonroad ........................................................................................................... 10.10 7.02 6.57 ........................

Total .......................................................................................................... 53.28 43.90 42.41 10.87 


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TABLE 2—TOTAL NOX EMISSIONS WITH MOVES2010a MOBILE EMISSIONS IN ALLEN COUNTY, INDIANA

[tons per day] 

Sector 2004 

Attainment 

2010 

Interim 

2020 

Maintenance 

Combined 

emissions 

reduction 

(2004–2020) 

Point ................................................................................................................. 4.88 4.69 4.78 ........................

Area ................................................................................................................. 3.89 4.09 4.33 ........................

Onroad ............................................................................................................. 37.95 22.09 8.45 ........................

Nonroad ........................................................................................................... 13.01 9.84 6.98 ........................

Total .......................................................................................................... 59.73 40.71 24.54 35.19 

TABLE 3—TOTAL VOC EMISSIONS WITH MOVES2010a MOBILE EMISSIONS IN GREENE COUNTY, INDIANA

[tons per day] 

Sector 2002 

Attainment 

2010 

Interim 

2015 

Maintenance 

Combined 

emissions 

reduction 

(2002–2015) 

Point ................................................................................................................. 0.51 0.59 0.64 ........................

Area ................................................................................................................. 3.73 4.33 4.74 ........................

Onroad ............................................................................................................. 1.92 1.16 0.78 ........................

Nonroad ........................................................................................................... 1.43 1.14 0.94 ........................

Total .......................................................................................................... 7.59 7.22 7.10 0.49 

TABLE 4—TOTAL NOX EMISSIONS WITH MOVES2010a MOBILE EMISSIONS IN GREENE COUNTY, INDIANA

[tons per day] 

Sector 2002 

Attainment 

2010 

Interim 

2015 

Maintenance 

Combined 

emissions 

reduction 

(2002–2015) 

Point ................................................................................................................. 0.68 0.46 0.47 ........................

Area ................................................................................................................. 0.25 0.27 0.27 ........................

Onroad ............................................................................................................. 4.50 2.55 2.01 ........................

Nonroad ........................................................................................................... 1.61 1.37 1.22 ........................

Total .......................................................................................................... 7.04 4.65 3.97 3.07 

TABLE 5—TOTAL VOC EMISSIONS WITH MOVES2010a MOBILE EMISSIONS IN VANDERBURGH AND WARRICK COUNTIES, 

INDIANA

[tons per day] 

Sector 2002 

Attainment 

2010 

Interim 

2015 

Maintenance 

Combined 

emissions 

reduction 

(2002–2015) 

Point ................................................................................................................. 5.16 6.77 8.09 ........................

Area ................................................................................................................. 18.60 21.36 23.46 ........................

Onroad ............................................................................................................. 12.16 6.84 4.37 ........................

Nonroad ........................................................................................................... 6.16 4.42 3.80 ........................

Total .......................................................................................................... 42.08 39.39 39.72 2.36 

TABLE 6—TOTAL NOX EMISSIONS WITH MOVES2010a MOBILE EMISSIONS IN VANDERBURGH AND WARRICK COUNTIES, 

INDIANA

[tons per day] 

Sector 2002 

Attainment 

2010 

Interim 

2015 

Maintenance 

Combined 

emissions 

reduction 

(2002–2015) 

Point ................................................................................................................. 70.19 30.18 31.43 ........................

Area ................................................................................................................. 2.95 3.20 3.27 ........................


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TABLE 6—TOTAL NOX EMISSIONS WITH MOVES2010a MOBILE EMISSIONS IN VANDERBURGH AND WARRICK COUNTIES, 

INDIANA—Continued 

[tons per day] 

Sector 2002 

Attainment 

2010 

Interim 

2015 

Maintenance 

Combined 

emissions 

reduction 

(2002–2015) 

Onroad ............................................................................................................. 36.23 18.99 10.96 ........................

Nonroad ........................................................................................................... 5.88 4.52 3.23 ........................

Total .......................................................................................................... 115.25 56.89 48.89 66.36 

TABLE 7—TOTAL VOC EMISSIONS WITH MOVES2010a MOBILE EMISSIONS IN VIGO COUNTY, INDIANA

[tons per day] 

Sector 2002 

Attainment 

2010 

Interim 

2015 

Maintenance 

Combined 

emissions 

reduction 

(2002–2015) 

Point ................................................................................................................. 6.52 7.24 8.42 ........................

Area ................................................................................................................. 8.56 9.89 10.83 ........................

Onroad ............................................................................................................. 5.79 3.06 1.88 ........................

Nonroad ........................................................................................................... 2.80 1.93 1.67 ........................

Total .......................................................................................................... 23.67 22.12 22.80 0.87 

TABLE 8—TOTAL NOX EMISSIONS WITH MOVES2010a MOBILE EMISSIONS IN VIGO COUNTY, INDIANA

[tons per day] 

Sector 2002 

Attainment 

2010 

Interim 

2015 

Maintenance 

Combined 

emissions 

reduction 

(2002–2015) 

Point ................................................................................................................. 33.63 12.91 12.93 ........................

Area ................................................................................................................. 1.30 1.40 1.43 ........................

Onroad ............................................................................................................. 14.87 7.49 4.41 ........................

Nonroad ........................................................................................................... 2.53 2.01 1.53 ........................

Total .......................................................................................................... 52.33 23.81 20.30 32.03 

As shown in tables 1 through 8, the 

submittals demonstrate how the areas’ 

emissions have declined from the 

attainment year to maintain the 1997 8- 

hour ozone standard. 

No additional control measures were 

needed to maintain the 1997 8-hour 

ozone standard in Allen, Greene, 

Vanderburgh, Warrick, and Vigo 

Counties. An appropriate safety margin 

for NOX and VOCs was selected by the 

interagency consultation groups for each 

area, which consist of representatives 

from the Federal Highway 

Administration, IDEM, Indiana 

Department of Transportation, and EPA. 

The submitted budgets for these areas 

and their safety margins are addressed 

later in this notice. 

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 submittals meet 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 

submittals? 

a. The Revised Inventories 

The SIP revision requests for these 

areas’ 1997 ozone maintenance plans 

seek to revise only the onroad mobile 

source inventories. IDEM has certified 

that the control strategies for each 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 

submittals. This is confirmed by the 

monitoring data for the five areas, which 


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1The safety margin is achieved by adding a 

certain percentage of emissions, in tons per day, 

onto the MOVES-based onroad emissions budgets. 

In this case, Indiana chose to add a 15% safety 

margin to its budgets for these areas. The safety 

margin cannot exceed the combined emissions 

reduction (shown in tables 1 through 8) for the area. 

continue to monitor attainment for the 

1997 8-hour ozone standard. 

IDEM’s submittals confirm that the 

total emissions in the revised SIP 

(which includes MOVES2010a 

emissions from mobile sources) as 

shown in tables 1 through 8 

demonstrate that emissions in the areas 

continue to decline and remain below 

the attainment levels. 

Indiana has submitted MOVES 2010abased budgets for Allen, Greene, 

Vanderburgh, Warrick, and Vigo 

Counties that are clearly identified in 

the submittals. The budgets are 

displayed in tables 9 through 12. It 

should be noted that in tables 9 through 

12, for onroad emissions of both VOC 

and NOX, a 15% safety margin 1 has 

been applied to reach the values shown. 

TABLE 9—MOTOR VEHICLE EMISSION

BUDGETS (MOVES) FOR THE ALLEN

COUNTY, INDIANA 1997 OZONE

AREA

[In tons per day] 

Year 2020 

VOC ...................................... 4.52 

NOX ...................................... 9.72 

TABLE 10—MOTOR VEHICLE EMISSION

BUDGETS (MOVES) FOR THE

GREENE COUNTY, INDIANA 1997 

OZONE AREA

[In tons per day] 

Year 2015 

VOC ...................................... 0.90 

NOX ...................................... 2.31 

TABLE 11—MOTOR VEHICLE EMISSION

BUDGETS (MOVES) FOR THE

VANDERBURGH AND WARRICK

COUNTIES, INDIANA 1997 OZONE

AREA

[In tons per day] 

Year 2015 

VOC ...................................... 5.02 

NOX ...................................... 12.61 

TABLE 12—MOTOR VEHICLE EMISSION

BUDGETS (MOVES) FOR THE VIGO

COUNTY, INDIANA 1997 OZONE

AREA

[In tons per day] 

Year 2015 

VOC ...................................... 2.17 

NOX ...................................... 5.07 

b. Approvability of the MOVES2010abased Budgets 

EPA is approving the MOVES2010abased budgets submitted by Indiana for 

use in determining transportation 

conformity in the Allen, Greene, 

Vanderburgh, Warrick, and Vigo 

Counties, Indiana 1997 ozone 

maintenance areas. EPA evaluated the 

MOVES-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 submittals. The budgets, when 

considered with other emissions 

sources, are consistent with continued 

maintenance of the 1997 ozone 

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 

submittals. 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 areas’ metropolitan 

planning organizations 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 submissions confirm that 

the SIP continues to demonstrate 

maintenance of the 1997 ozone standard 

because the total emissions in the 

revised SIP (including MOVES2010a 

emissions for onroad mobile sources) 

continue to decrease from the 

attainment year to the final year of the 

maintenance plans for these areas, as 

shown in tables 1 through 8. As tables 

1 through 12 show, the submitted 

budgets include an appropriate margin 

of safety while still maintaining total 

emissions below the attainment level. 

Based on our review of the SIP and 

the new budgets provided, EPA has 

determined that the SIP will continue to 

meet the requirements if the revised 

motor vehicle emissions inventories are 

replaced with MOVES2010a 

inventories. 

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 these areas will no longer be 

applicable for transportation conformity 

purposes. 

V. What action is EPA taking? 

EPA is approving the submitted 

onroad mobile source emissions 

inventories and the submitted budgets 

for the Allen County (submitted July 2, 

2013), Greene County (submitted July 8, 

2013), Vanderburgh and Warrick 

Counties (submitted July 2, 2013), and 

Vigo County (submitted July 2, 2013), 

Indiana 1997 ozone maintenance plans. 

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 April 28, 2014 without further 

notice unless we receive relevant 

adverse written comments by March 27, 

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 

April 28, 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 


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10390 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Rules and Regulations 

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 (Public Law 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 

Court of Appeals for the appropriate 

circuit by April 28, 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, Ozone, Volatile 

organic compounds. 

Dated: January 31, 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 new entries in 

alphabetical order for ‘‘Allen County 

1997 8-hour ozone maintenance plan’’, 

‘‘Greene County 1997 8-hour ozone 

maintenance plan’’, ‘‘Vanderburgh and 

Warrick Counties 1997 8-hour ozone 

maintenance plan’’, and ‘‘Vigo County 

1997 8-hour ozone 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 

Allen County 1997 8-hour ozone maintenance plan......................... 2/25/14, [INSERT PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

Revision to motor vehicle emission 

budgets. 

* * * * * * * 

Greene County 1997 8-hour ozone maintenance plan......................... 2/25/14, [INSERT PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

Revision to motor vehicle emission 

budgets. 

* * * * * * * 

Vanderburgh and Warrick Counties 1997 

8-hour ozone maintenance plan.

........................ 2/25/14, [INSERT PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

Revision to motor vehicle emission 

budgets. 

Vigo County 1997 8-hour ozone maintenance plan......................... 2/25/14, [INSERT PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

Revision to motor vehicle emission 

budgets. 

* * * * * * * 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Rules and Regulations 10391 

■ 3. Section 52.777 is amended by: 

■ a. Redesignating paragraphs (bb), (dd), 

(ee), and (ff) as paragraphs (bb)(1), 

(dd)(1), (ee)(1), and (ff)(1); and 

■ b. Adding paragraphs (bb)(2), (dd)(2), 

(ee)(2), and (ff)(2). 

The additions read as follows: 

§ 52.777 Control strategy: photochemical 

oxidants (hydrocarbons). 

* * * * * 

(bb) * * * 

(2) Approval—On July 8, 2013, 

Indiana submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Greene County, Indiana area. The 

budgets are being revised with budgets 

developed with the MOVES2010a 

model. The 2015 budgets for Greene 

County, Indiana are 0.90 tons per day 

VOC and 2.31 tons per day NOX. 

* * * * * 

(dd) * * * 

(2) Approval—On July 2, 2013, 

Indiana submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Vigo County, Indiana area. The budgets 

are being revised with budgets 

developed with the MOVES2010a 

model. The 2015 budgets for Vigo 

County, Indiana are 2.17 tons per day 

VOC and 5.07 tons per day NOX. 

(ee) * * * 

(2) Approval—On July 2, 2013, 

Indiana submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Vanderburgh and Warrick Counties, 

Indiana area. The budgets are being 

revised with budgets developed with 

the MOVES2010a model. The 2015 

budgets for Vanderburgh and Warrick 

Counties, Indiana are 5.02 tons per day 

VOC and 12.61 tons per day NOX. 

(ff) * * * 

(2) Approval—On July 2, 2013, 

Indiana submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Allen County, Indiana area. The budgets 

are being revised with budgets 

developed with the MOVES2010a 

model. The 2020 budgets for Allen 

County, Indiana are 4.52 tons per day 

VOC and 9.72 tons per day NOX. 

* * * * * 

[FR Doc. 2014–03170 Filed 2–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2014–0032; FRL–9906–80– 

OAR] 

Finding of Failure To Submit State 

Implementation Plans Required for the 

2008 Lead National Ambient Air Quality 

Standards (NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action 

finding that the Commonwealth of 

Pennsylvania has not submitted state 

implementation plans (SIPs) for three 

nonattainment areas in Berks and 

Beaver Counties to meet the 

requirements of the Clean Air Act (CAA) 

for attaining the 2008 Lead National 

Ambient Air Quality Standards 

(NAAQS). Pennsylvania has not yet 

submitted SIPs for three nonattainment 

areas—the Lyons and North Reading 

nonattainment areas in Berks County 

and the Lower Beaver Valley 

nonattainment area in Beaver County— 

that demonstrate how each 

nonattainment area would attain the 

2008 Lead NAAQS as expeditiously as 

practicable. These plans were due by 

June 30, 2012. If Pennsylvania has not 

submitted and the EPA has not 

approved the required attainment plans 

for its nonattainment areas by no later 

than 2 years after the effective date of 

this finding, the EPA must promulgate 

a federal implementation plan (FIP) for 

the affected nonattainment area. In 

addition, the CAA provides for the 

imposition of sanctions if the state does 

not submit the required attainment SIP 

within specific timeframes. 

DATES: Effective Date: This action is 

effective on February 25, 2014. Under 

the Administrative Procedure Act 

(APA), 5 U.S.C. 553(d)(3), an agency 

rulemaking may take effect before 30 

days after the date of publication in the 

Federal Register if the agency has good 

cause to specify an earlier effective date. 

This action concerns SIP submissions 

that were due by June 30, 2012. In 

addition, this action simply starts a 

‘‘clock’’ that will not result in sanctions 

for 18 months, and which Pennsylvania 

may avoid by submitting complete SIPs 

to the EPA. The EPA finds these reasons 

provide good cause for an immediate 

effective date. 

FOR FURTHER INFORMATION CONTACT: 

General questions concerning this rule 

should be addressed to Ms. Mia South, 

Office of Air Quality Planning and 

Standards, Air Quality Policy Division, 

U.S. Environmental Protection Agency, 

Mail Code: C504–2, 109 T.W. Alexander 

Drive, Research Triangle Park, NC 

27711; telephone (919) 541–5550. For 

questions related to Pennsylvania, 

please contact the EPA’s Region 3, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning (3AP30), 

Air Protection Division, U.S. 

Environmental Protection Agency, 

Region 3, 1650 Arch Street, 

Philadelphia, PA 19103–2023; 

telephone (215) 814–2178. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Notice-and-Comment Under the APA 

Section 553 of the APA, 5 U.S.C. 

553(b)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. The 

EPA has determined that there is good 

cause for making this rule final without 

prior proposal and opportunity for 

comment because no significant EPA 

judgment is involved in making a 

finding of failure to submit SIPs, or 

elements of SIPs, required by the CAA, 

where states have made no submissions 

to meet the requirement. Thus, notice 

and public procedure are unnecessary. 

The EPA finds that this constitutes good 

cause under 5 U.S.C. 553(b)(B). As the 

EPA has explained in prior rulemakings, 

see e.g., 58 FR 51270, 51272, n.7 

(October 1, 1993), under section 

110(k)(1), the CAA provides the EPA 

with a 60-day period after receiving a 

submittal from a state in which to 

determine whether a submittal is 

complete. If no plan is submitted, the 

CAA requires the EPA to make a 

determination to that effect within 6 

months of the deadline for submittal. 

Since Congress provided the EPA only 

60 days to determine whether a state 

that has made some submittal failed to 

submit a complete SIP, and it is 

generally impossible to assess a 

submittal for completeness and then 

provide notice-and-comment before 

making a final determination within 60 

days, the EPA believes that Congress 

clearly intended that the EPA should 

not go through notice-and-comment 

rulemaking prior to making findings of 

failure to submit a complete SIP when 

the state has made some submittal. In 

this case, the EPA is making findings 

that the state has made no submittal, 

and therefore no complete submittal, 

more than 6 months after the deadline 

for submittal, but the EPA similarly 


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