59512 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 

12.3 Forms 

* * * * * 

12.3.2 Privately Printed Form 3816– 

AS 

[Revise 12.3.2 by adding a new third 

sentence as follows:] 

* * * Effective January 7, 2013, 

privately printed forms must include an 

Intelligent Mail package barcode 

prepared under 9.3.6 and 708.5.0, and 

must retain the human-readable text, 

label design elements and color 

consistent with USPS Form 3816–AS. 

* * * 

* * * * * 

507 Mailer Services 

* * * * * 

9.0 Business Reply Mail 

* * * * * 

9.4 General Information 

* * * * * 

9.4.3 Services 

[Revise 9.4.3 as follows:] 

No extra services are permitted with 

BRM, except for BRM parcels bearing a 

USPS-approved Delivery Confirmation 

service label, or BRM parcels bearing an 

Intelligent Mail package barcode 

including Delivery Confirmation 

service. 

700 Special Standards 

* * * * * 

705 Advanced Preparation and 

Special Postage Payment Systems 

* * * * * 

7.0 Combining Package Services and 

Parcel Select Parcels for Destination 

Entry 

7.1 Combining Parcels—DSCF and 

DDU Entry 

7.1.1 Qualification 

[Revise the last sentence of 7.1.1 as 

follows:] 

* * * Parcels claiming destination 

entry pricing must bear a unique 

Intelligent Mail package barcode or 

extra services barcode, including a 

postal routing code, prepared under 

708.5.0. Effective January 7, 2013, 

parcels claiming destination entry 

prices must include a unique Intelligent 

Mail package barcode with a postal 

routing code. 

* * * * * 

708 Technical Specifications 

* * * * * 

5.0 Standards for Package and Extra 

Service Barcodes 

5.1 Intelligent Mail Package Barcode 

* * * * * 

5.1.4 Physical Barcode Requirements 

[Revise the introductory paragraph of 

5.1.4 as follows:] 

Detailed physical specifications for 

barcodes are provided in the resource 

documents, available on RIBBS at 

http://ribbs.usps.gov/. Physical barcode 

requirements are as follows: 

* * * * * 

[Revise 5.1.4d as follows:] 

d. Barcode Height: unless allowed by 

exception, the minimum height must be 

at least 0.75 inch. 

* * * * * 

g. Human-Readable Representation of 

Barcode Data and Service Banner: text 

must be printed in accordance with 

Exhibit 5.1.4 and as follows: 

* * * * * 

[Revise 5.1.4g2 as follows:] 

2. Service Banners must include the 

human-readable text ‘‘USPS Signature 

Tracking #’’ (or ‘‘USPS Signature 

Tracking Number’’) for mailpieces 

requiring a signature at delivery and 

‘‘USPS Tracking #’’ (or ‘‘USPS Tracking 

Number’’) for all other mailpieces. 

Service Banner text shown in Exhibit 

5.1.4 is an example. See Appendix I in 

Publication 199 or Publication 91 

(addendum appendix H) at http:// 

ribbs.usps.gov/ for additional 

information. 

* * * * * 

[To reflect new barcode format, replace 

current Exhibit 5.1.4 with a new 

Exhibit 5.1.4 as follows:] 

Exhibit 5.1.4 Barcode Specifications 

[Placeholder for revised barcode 

exhibit.] 

* * * * * 

5.1.7 Electronic File 

* * * Electronic files must include 

the following elements: 

* * * * * 

[Add a new 5.1.7d and 5.1.7e as 

follows:] 

d. Effective January 7, 2013, mailers of 

commercial parcels, except Standard 

Mail parcels and parcels bearing PC 

Postage, claiming presort or destination 

entry pricing must use version 1.6 (or 

subsequent versions) of the electronic 

shipping services manifest files 

including each destination ZIP + 4 code, 

or each destination delivery address. 

e. Mailers using a PC Postage system 

must use version 1.6 (or subsequent 

versions) of the electronic shipping 

services manifest files, including each 

destination ZIP + 4 code, or each 

destination delivery address. 

[Add a new 5.18 as follows:] 

5.18 Alternate Approval 

Labels not meeting IMpb 

specifications or other label element 

standards, but are still able to 

demonstrate acceptable functionality 

within USPS processes, may be allowed 

using an alternative approval process 

authorized by the vice president, 

Product Information. 

* * * * * 

5.2 Other Package Barcodes 

* * * * * 

[Renumber current 5.2.11 and 5.2.12 as 

the new 5.2.12 and 5.2.13, and add 

a new 5.2.11 as follows:] 

5.2.10 Service Banner Text 

Except with Certified Mail, Registered 

Mail, Adult Signature, Parcel Return 

Service, and Express Mail or Priority 

Mail Open and Distribute services, 

mailers preparing extra service barcodes 

under 5.2 may optionally use a ‘‘USPS 

Tracking #’’ human-readable service 

banner text above the barcode on 

packages not requiring a signature at 

delivery, and a ‘‘USPS Signature 

Tracking #’’ service banner text above 

the barcode on packages where a 

signature is required at delivery. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2011–24705 Filed 9–26–11; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2009–0839; FRL–9469–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Redesignation of the Indianapolis Area 

to Attainment of the 1997 Annual 

Standard for Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving Indiana’s 

request to redesignate the Indianapolis, 

Indiana nonattainment area (Hamilton, 

Hendricks, Johnson, Marion, and 

Morgan Counties) to attainment for the 

1997 annual National Ambient Air 

Quality Standard (NAAQS or standard) 


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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 59513 

1Fine particulates directly emitted by sources 

and 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. 

for fine particulate matter (PM2.5), 

because the request meets the statutory 

requirements for redesignation under 

the Clean Air Act (CAA). The Indiana 

Department of Environmental 

Management (IDEM) submitted this 

request to EPA on October 20, 2009 and 

supplemented it on May 31, 2011. EPA’s 

approval involves several additional 

related actions. EPA is making a 

determination that the Indianapolis area 

has attained the 1997 annual PM2.5

standard. EPA is approving, as a 

revision to the Indiana State 

Implementation Plan (SIP), the State’s 

plan for maintaining the 1997 annual 

PM2.5 NAAQS through 2025 in the area. 

EPA is approving the 2006 emissions 

inventory for the Indianapolis area as 

meeting the comprehensive emissions 

inventory requirement of the CAA. 

Finally, EPA finds adequate and is 

approving Indiana’s Nitrogen Oxides 

(NOX) and PM2.5 Motor Vehicle 

Emission Budgets (MVEBs) for 2015 and 

2025 for the Indianapolis area. 

DATES: This direct final rule will be 

effective November 28, 2011, unless 

EPA receives adverse comments by 

October 27, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0839, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Aburano.Douglas@epa.gov. 

• Fax: (312) 408–2779. 

• Mail: Doug Aburano, Chief, Control 

Strategies Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

• Hand Delivery: Doug Aburano, 

Control Strategies Section, 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–2009– 

0839. 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 

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. 

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 Kathleen D’Agostino at 

(312) 886–1767 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, 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) 886–1767, or 

dagostino.kathleen@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 actions is EPA taking? 

II. What is the background for these actions? 

III. What are the criteria for redesignation to 

attainment? 

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

request? 

A. Attainment Determination and 

Redesignation 

B. Adequacy of Indiana’s MVEBs 

C. 2006 Comprehensive Emissions 

Inventory 

V. Summary of Actions 

VI. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is making a determination that 

the Indianapolis area is attaining the 

1997 annual PM2.5 standard and that the 

area has met the requirements for 

redesignation under section 107(d)(3)(E) 

of the CAA. EPA is thus approving the 

request from IDEM to change the legal 

designation of the Indianapolis area 

from nonattainment to attainment for 

the 1997 annual PM2.5 NAAQS. EPA is 

also taking several additional actions 

related to Indiana’s PM2.5 redesignation 

request, as discussed below. 

EPA is approving Indiana’s PM2.5

maintenance plan for the Indianapolis 

area as a revision to the Indiana SIP 

(such approval being one of the CAA 

criteria for redesignation to attainment 

status). The maintenance plan is 

designed to keep the Indianapolis area 

in attainment of the 1997 annual PM2.5

NAAQS through 2025. 

EPA is approving 2006 emissions 

inventories for primary PM2.5,1 NOX, 

and Sulfur Dioxide (SO2),2 documented 

in Indiana’s May 31, 2011, PM2.5

redesignation request supplemental 

submittal. These emissions inventories 

satisfy the requirement in section 

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

comprehensive, current emission 

inventory. 

Finally, EPA finds adequate and is 

approving 2015 and 2025 primary PM2.5

and NOX MVEBs for the Indianapolis 

area. These MVEBs will be used in 

future transportation conformity 

analyses for the area. 

II. What is the background for these 

actions? 

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


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59514 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 

concentrations at each monitoring site. 

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 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 

Indianapolis, IN area as nonattainment 

for the 1997 annual PM2.5 standard. 

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. In response to legal 

challenges of the 2006 annual PM2.5

standard, the U.S. Court of Appeals for 

District of Columbia Circuit (D.C. 

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 would also indicate 

attainment of the remanded 2006 annual 

standard. Since the Indianapolis 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. 

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 

of NOX emissions from power plants, 

mobile sources, and other combustion 

sources. 

III. 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 provided that: (1) The 

Administrator determines that the area 

has attained the applicable NAAQS; (2) 

the Administrator has fully approved 

the 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 reductions 

in emissions 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. 

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

request? 

A. Attainment Determination and 

Redesignation 

EPA is making a determination that 

the Indianapolis area has attained the 

1997 annual PM2.5 standard and that the 

area has met all other applicable 

redesignation criteria under CAA 

section 107(d)(3)(E). The basis for EPA’s 

approval of the redesignation request is 

as follows: 

1. The Area Has Attained the 1997 

Annual PM2.5 NAAQS (Section 

107(d)(3)(E)(i)) 

EPA is making a determination that 

the Indianapolis area has attained the 

1997 annual PM2.5 NAAQS. An area 

may be considered to be attaining the 

1997 annual PM2.5 NAAQS if there are 

no violations, as determined in 

accordance with 40 CFR 50.7 and part 

50, Appendix N, based on three 

complete consecutive calendar years of 

quality-assured air quality monitoring 

data. To attain this standard, the threeyear average of annual means must not 

exceed 15.0 mg/m3 at all relevant 

monitoring sites in the subject area. 

Under 40 CFR part 50, Appendix N 4.1, 

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.’’ 

The redesignation request includes 

monitoring data showing attainment of 

the standard for the 2006–2008, 2007– 

2009, and 2008–2010 time periods. All 

of the PM2.5 monitors in the 

Indianapolis area are located in Marion 

County. Table 1, below, provides a 

summary of the PM2.5 annual air quality 

monitoring data for the years 2006– 

2010. Table 2, below, provides the 

three-year average of annual means for 

the 2006–2008, 2007–2009, and 2008– 

2010 time periods. 

TABLE 1—PM2.5 ANNUAL MEAN PM2.5 CONCENTRATIONS FOR THE INDIANAPOLIS AREA

[μg/m3] 

Monitor 

Yearly annual mean 

2006 2007 2008 2009 2010 

Indianapolis—Washington Park 180970078 .... 14.14 15.66 13.02 12.11 12.86 

Indianapolis—W. 18th Street 180970081 ........ 14.12 16.07 13.75 12.96 14.03 

Indianapolis—E. Michigan Street 180970083 14.15 15.93 13.17 12.40 13.91 

TABLE 2—THREE-YEAR AVERAGE OF THE ANNUAL MEAN PM2.5 CONCENTRATIONS FOR THE INDIANAPOLIS AREA

[μg/m3] 

Monitor 2006–2008 2007–2009 2008–2010 

Indianapolis—Washington Park 180970078 ................................................................... 14.3 13.6 12.7 

Indianapolis—E. 75th Street 180970081 ......................................................................... 14.6 14.3 13.6 

Indianapolis—E. Michigan Street 180970083 ................................................................. 14.4 13.8 13.2 


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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 59515 

The data in tables 1 and 2 show that 

all relevant PM2.5 monitors in the 

Indianapolis PM2.5 nonattainment area 

have recorded PM2.5 concentrations 

attaining the 1997 annual PM2.5

standard during the 2006–2008, 2007– 

2009, and 2008–2010 time periods. 

These annual average PM2.5

concentrations are based on complete 

PM2.5 monitoring data that have been 

quality-assured and stored in EPA’s Air 

Quality System (AQS) database. 

Therefore, EPA concludes that the 

Indianapolis area has attained the 1997 

PM2.5 standard. Preliminary data 

available for 2011 are consistent with 

continued attainment. 

2. The Area Has Met All Applicable 

Requirements Under Section 110 and 

Part D; and the Area Has a Fully 

Approved SIP Under Section 110(k) 

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

107(d)(3)(E)(ii)) 

We have determined that Indiana’s 

SIP meets all applicable SIP 

requirements for purposes of 

redesignation for the Indianapolis area 

under section 110 of the CAA (general 

SIP requirements) and all SIP 

requirements currently applicable for 

purposes of redesignation under part D 

of Title I of the CAA, in accordance with 

section 107(d)(3)(E)(v). In addition, with 

the exception of the emissions inventory 

under section 172(c)(3), we have 

approved all applicable requirements of 

the Indiana SIP for purposes of 

redesignation, in accordance with 

section 107(d)(3)(E)(ii). As discussed 

below, in this action EPA is approving 

Indiana’s 2006 emissions inventory as 

meeting the section 172(c)(3) 

comprehensive emissions inventory 

requirement. 

In making these determinations, we 

have ascertained which SIP 

requirements are applicable to the area 

for purposes of redesignation, and have 

determined that there are SIP measures 

meeting those requirements and that 

they are fully approved under section 

110(k) of the CAA. 

a. The Indianapolis Area Has Met All 

Applicable Requirements for Purposes 

of Redesignation Under Section 110 and 

Part D of the CAA 

i. Section 110 General SIP Requirements 

Section 110(a) of Title I of the CAA 

contains the general requirements for a 

SIP. Section 110(a)(2) provides that the 

implementation plan submitted by a 

state must have been adopted by the 

state after reasonable public notice and 

hearing, and, among other things, must: 

Include enforceable emission 

limitations and other control measures, 

means or techniques necessary to meet 

the requirements of the CAA; provide 

for establishment and operation of 

appropriate devices, methods, systems, 

and procedures necessary to monitor 

ambient air quality; provide for 

implementation of a source permit 

program to regulate the modification 

and construction of any stationary 

source within the areas covered by the 

plan; include provisions for the 

implementation of part C, Prevention of 

Significant Deterioration (PSD) and part 

D, New Source Review (NSR) permit 

programs; include criteria for stationary 

source emission control measures, 

monitoring, and reporting; include 

provisions for air quality modeling; and 

provide for public and local agency 

participation in planning and emission 

control rule development. 

Section 110(a)(2)(D) of the CAA 

requires that SIPs contain measures to 

prevent sources in a state from 

significantly contributing to air quality 

problems in another state. EPA holds 

that the requirements linked with a 

particular nonattainment area’s 

designation are the relevant measures to 

evaluate in reviewing a redesignation 

request. The transport SIP submittal 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area in the state. Thus, we conclude that 

these requirements should not be 

construed to be applicable requirements 

for purposes of redesignation. 

Further, we conclude the other 

section 110 elements described above 

that are not connected with 

nonattainment plan submissions and 

not linked with an area’s attainment 

status are also not applicable 

requirements for purposes of 

redesignation. A state remains subject to 

these requirements after an area is 

redesignated to attainment. We 

conclude that only the section 110 and 

part D requirements that are linked with 

a particular area’s designation are the 

relevant measures which we may 

consider in evaluating a redesignation 

request. This approach is consistent 

with EPA’s existing policy on 

applicability of conformity and 

oxygenated fuels requirements for 

redesignation purposes, as well as with 

section 184 ozone transport 

requirements. See Reading, 

Pennsylvania, proposed and final 

rulemakings (61 FR 53174–53176, 

October 10, 1996) and (62 FR 24826, 

May 7, 1997); Cleveland-Akron-Lorain, 

Ohio, final rulemaking (61 FR 20458, 

May 7, 1996); and Tampa, Florida, final 

rulemaking (60 FR 62748, December 7, 

1995). See also the discussion on this 

issue in the Cincinnati, Ohio 1-hour 

ozone redesignation (65 FR 37890, June 

19, 2000), and in the Pittsburgh, 

Pennsylvania 1-hour ozone 

redesignation (66 FR 50399, October 19, 

2001). 

We have reviewed Indiana’s SIP and 

have concluded that it meets the general 

SIP requirements under section 110 of 

the CAA to the extent they are 

applicable for purposes of 

redesignation. EPA has previously 

approved provisions of the Indiana SIP 

addressing section 110 requirements 

(including provisions addressing 

particulate matter) at 40 CFR 52.770. On 

December 7, 2007, September 9, 2008, 

March 23, 2011, and April 7, 2011, 

Indiana made submittals addressing 

‘‘infrastructure SIP’’ elements required 

by section 110(a)(2) of the CAA. EPA 

approved elements of Indiana’s 

submittals on July 13, 2011, at 76 FR 

41075. The requirements of section 

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

requirements that are not linked to the 

PM2.5 nonattainment status of the 

Indianapolis area. Therefore, EPA 

believes that these SIP elements are not 

applicable requirements for purposes of 

review of the State’s PM2.5 redesignation 

request. 

ii. Part D Requirements 

EPA has determined that, upon 

approval of the base year emissions 

inventories discussed in section IV.C. of 

this rulemaking, the Indiana SIP will 

meet the applicable SIP requirements 

for the Indianapolis area applicable for 

purposes of redesignation under part D 

of the CAA. Subpart 1 of part D, found 

in sections 172–176 of the CAA, sets 

forth the basic nonattainment 

requirements applicable to all 

nonattainment areas. 

Subpart 1 Section 172 Requirements 

For purposes of evaluating this 

redesignation request, the applicable 

section 172 SIP requirements for the 

Indianapolis area are contained in 

sections 172(c)(1)–(9). A thorough 

discussion of the requirements 

contained in section 172 can be found 

in the General Preamble for 

Implementation of Title I (57 FR 13498, 

April 16, 1992). 

Section 172(c)(1) requires the plans 

for all nonattainment areas to provide 

for the implementation of all 

Reasonably Available Control Measures 

(RACM) as expeditiously as practicable 

and to provide for attainment of the 

primary NAAQS. EPA interprets this 

requirement to impose a duty on all 

nonattainment areas to consider all 

available control measures and to adopt 

and implement such measures as are 

reasonably available for implementation 


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59516 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 

in each area as components of the area’s 

attainment demonstration. Because 

attainment has been reached, no 

additional measures are needed to 

provide for attainment, and section 

172(c)(1) requirements are no longer 

considered to be applicable as long as 

the area continues to attain the standard 

until redesignation. See 40 CFR 

51.1004(c). 

The Reasonable Further Progress 

(RFP) requirement under section 

172(c)(2) is defined as progress that 

must be made toward attainment. This 

requirement is not relevant for purposes 

of redesignation because the 

Indianapolis area has monitored 

attainment of the 1997 annual PM2.5

NAAQS. Id. The requirement to submit 

the section 172(c)(9) contingency 

measures is similarly not applicable for 

purposes of redesignation. Id. 

Section 172(c)(3) requires submission 

and approval of a comprehensive, 

accurate, and current inventory of actual 

emissions. Indiana submitted a 2006 

base year emissions inventory along 

with the redesignation request. As 

discussed below in section IV.C., EPA is 

approving the 2006 base year inventory 

as meeting the section 172(c)(3) 

emissions inventory requirement for the 

Indianapolis area. 

Section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

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 approved 

Indiana’s current NSR program on 

October 7, 1994 (59 FR 51108). 

Nonetheless, since PSD requirements 

will apply after redesignation, the area 

need not have a fully-approved NSR 

program for purposes of redesignation, 

provided that the area demonstrates 

maintenance of the NAAQS without 

part D NSR. A detailed rationale for this 

view is described in a memorandum 

from Mary Nichols, Assistant 

Administrator for Air and Radiation, 

dated October 14, 1994, entitled, ‘‘Part 

D New Source Review Requirements for 

Areas Requesting Redesignation to 

Attainment.’’ Indiana has demonstrated 

that the Indianapolis area will be able to 

maintain the standard without part D 

NSR in effect; therefore, the State need 

not have a fully approved part D NSR 

program prior to approval of the 

redesignation request. The State’s PSD 

program will become effective in the 

Indianapolis area upon redesignation to 

attainment. See rulemakings for Detroit, 

Michigan (60 FR 12467–12468, March 7, 

1995); Cleveland-Akron-Lorain, Ohio 

(61 FR 20458, 20469–20470, May 7, 

1996); Louisville, Kentucky (66 FR 

53665, October 23, 2001); and Grand 

Rapids, Michigan (61 FR 31834–31837, 

June 21, 1996). 

Section 172(c)(6) requires the SIP to 

contain control measures necessary to 

provide for attainment of the standard. 

Because attainment 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). As noted above, we 

find that the Indiana SIP meets the 

section 110(a)(2) requirements 

applicable for purposes of 

redesignation. 

Subpart 1 Section 176 Conformity 

Requirements 

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 

applicable SIPs. The requirement to 

determine conformity applies to 

transportation plans, programs, and 

projects developed, funded, or approved 

under Title 23 of the U.S. Code and the 

Federal Transit Act (transportation 

conformity) as well as to all other 

Federally-supported or funded projects 

(general conformity). State 

transportation conformity regulations 

must be consistent with Federal 

conformity regulations relating to 

consultation, enforcement, and 

enforceability, which EPA promulgated 

pursuant to CAA requirements. 

EPA approved Indiana’s general and 

transportation conformity SIPs on 

January 14, 1998 (63 FR 2146) and 

August 17, 2010 (75 FR 50730), 

respectively. Section 176(c) of the CAA 

was amended by provisions contained 

in the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEALU), which 

was signed into law on August 10, 2005 

(Public Law 109–59). In adopting this 

revision to the CAA, Congress 

streamlined the requirements for state 

conformity SIPs. Indiana is in the 

process of updating its transportation 

conformity SIP to meet these new 

requirements. 

Indiana has submitted on-road 

MVEBs for the Indianapolis area of 

353.40 tons per year (tpy) and 317.86 

tpy primary PM2.5 and 14,956.79 tpy 

and 8,839.80 tpy NOX for the years 2015 

and 2025, respectively. The area must 

use the MVEBs from the maintenance 

plan in any conformity determination 

that is made on or after the effective 

date of the adequacy finding and 

maintenance plan approval. 

b. The Indianapolis Area Has a Fully 

Approved Applicable SIP Under Section 

110(k) of the CAA 

Upon final approval of Indiana’s 

comprehensive 2006 emissions 

inventory, EPA will have fully approved 

the Indiana SIP for the Indianapolis area 

under section 110(k) of the CAA for all 

requirements applicable for purposes of 

redesignation. EPA may rely on prior 

SIP approvals in approving a 

redesignation request (See page 3 of the 

September 4, 1992, memorandum from 

John Calcagni, entitled ‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment’’; Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–990 (6th 

Cir. 1998); Wall v. EPA, 265 F.3d 426 

(6th Cir. 2001)) plus any additional 

measures it may approve in conjunction 

with a redesignation action. See 68 FR 

25413, 25426 (May 12, 2003). Since the 

passage of the CAA of 1970, Indiana has 

adopted and submitted, and EPA has 

fully approved, provisions addressing 

various required SIP elements under 

particulate matter standards. In this 

action, EPA is approving Indiana’s 2006 

base year emissions inventory for the 

Indianapolis area as meeting the 

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

CAA. No Indianapolis area SIP 

provisions are currently disapproved, 

conditionally approved, or partially 

approved. 

3. The Improvement in Air Quality Is 

Due to Permanent and Enforceable 

Reductions in Emissions Resulting From 

Implementation of the SIP and 

Applicable Federal Air Pollution 

Control Regulations and Other 

Permanent and Enforceable Reductions 

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

EPA finds that Indiana has 

demonstrated that the observed air 

quality improvement in the Indianapolis 

area is due to permanent and 

enforceable reductions in emissions 

resulting from implementation of the 

SIP, Federal measures, and other stateadopted measures. 

In making this showing, IDEM has 

calculated the change in emissions 

between 2002, one of the years used as 

a basis for designating the Indianapolis 

area as nonattainment, and 2008, one of 

the years in the period during which the 

Indianapolis area monitored attainment. 

The reduction in emissions and the 

corresponding improvement in air 

quality over this time period can be 

attributed to a number of regulatory 

control measures that the Indianapolis 


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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 59517 

area and upwind areas have 

implemented in recent years. 

a. Permanent and Enforceable Controls 

Implemented 

The following is a discussion of 

permanent and enforceable measures 

that have been implemented in the 

areas: 

i. Federal Emission Control Measures 

Reductions in fine particle precursor 

emissions have occurred statewide and 

in upwind areas as a result of Federal 

emission control measures, with 

additional emission reductions expected 

to occur in the future. Federal emission 

control measures include the following: 

Tier 2 Emission Standards for 

Vehicles and Gasoline Sulfur Standards. 

These emission control requirements 

result in lower volatile organic 

compound (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 sports utility vehicles (86 

percent); and larger sports 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 new vehicles replace older 

vehicles. 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 about 500 ppm. 

Heavy-Duty Diesel Engine Rule. This 

rule, which EPA issued in July 2000, 

limited the sulfur content of diesel fuel 

beginning in 2004. A second phase took 

effect in 2007 which reduced fine 

particle emissions from heavy-duty 

highway engines and further reduced 

the highway diesel fuel sulfur content to 

15 ppm. The total program is estimated 

to achieve a 90 percent reduction in 

primary PM2.5 emissions and a 95 

percent reduction in NOX emissions for 

these new engines using low sulfur 

diesel, compared to existing engines 

using higher sulfur content diesel. The 

reductions in fuel sulfur content 

occurred by the 2008–2010 attainment 

period. 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 heavy duty 

diesel engines turns over. The reduction 

in fuel sulfur content also yielded an 

immediate reduction in sulfate particle 

emissions from all diesel vehicles. 

Nonroad Diesel Rule. In May 2004, 

EPA promulgated a new rule for large 

nonroad diesel engines, such as those 

used in construction, agriculture, and 

mining equipment, which established 

engine emission standards to be phased 

in between 2008 and 2014. The rule also 

required reductions to the sulfur content 

in nonroad diesel fuel by over 99 

percent. Prior to 2006, nonroad diesel 

fuel averaged approximately 3,400 ppm 

sulfur. This rule limited nonroad diesel 

sulfur content to 500 ppm by 2006, with 

a further reduction to 15 ppm, by 2010. 

The combined engine and fuel rules will 

reduce NOX and PM emissions from 

large nonroad diesel engines by over 90 

percent, compared to current nonroad 

engines using higher sulfur content 

diesel. The reduction in fuel sulfur 

content yielded an immediate reduction 

in sulfate particle emissions from all 

diesel vehicles. In addition, some 

emissions reductions from the new 

engine emission standards were realized 

over the 2008–2010 time period, 

although most of the reductions will 

occur over the maintenance period as 

the fleet of older nonroad diesel engines 

turns over. 

Nonroad Large Spark-Ignition Engine 

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 such as offhighway motorcycles, all-terrain 

vehicles, and snowmobiles; and 

recreational marine diesel engines. 

Emission standards from large sparkignition engines were implemented in 

two tiers, with Tier 1 starting in 2004 

and Tier 2 in 2007. Recreational vehicle 

emission standards are being phased in 

from 2006 through 2012. Marine Diesel 

engine standards were phased in from 

2006 through 2009. With full 

implementation of all of the nonroad 

spark-ignition engine and recreational 

engine standards, an overall 72 percent 

reduction in VOC, 80 percent reduction 

in NOX and 56 percent reduction in 

carbon monoxide (CO) emissions are 

expected by 2020. Some of these 

emission reductions occurred by the 

2008–2010 attainment period and 

additional emission reductions will 

occur during the maintenance period as 

the fleet turns over. 

ii. Control Measures in Upwind Areas 

Given the significance of sulfates and 

nitrates in the Indianapolis area, the 

area’s air quality is strongly affected by 

regulation of SO2 and NOX emissions 

from power plants. 

NOX SIP Call.On October 27, 1998 (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 Phase II beginning in 2007. 

Emission reductions resulting from 

regulations developed in response to the 

NOX SIP Call are permanent and 

enforceable. 

Clean Air Interstate Rule (CAIR). 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 

improve air quality in many areas across 

Eastern United States. However, on July 

11, 2008, the United States Court of 

Appeals for the District of Columbia 

Circuit vacated and remanded both 

CAIR and the associated CAIR FIPs in 

their entirety. See North Carolina v. 

EPA, 531 F.3d 836 (D.C. Cir. 2008). EPA 

petitioned for a rehearing, and the D.C. 

Circuit issued an order remanding CAIR 

and the CAIR FIPs to EPA without 

vacatur. See North Carolina v. EPA, 550 

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

Circuit, 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). 

On August 8, 2011, at 76 FR 48208, 

EPA promulgated the Cross-State Air 

Pollution Rule (CSAPR) to address 

interstate transport of emissions and 

resulting secondary air pollutants and to 

replace CAIR. The CAIR, among other 

things, required NOX emission 

reductions that contributed to the air 

quality improvement in the Indianapolis 

nonattainment area. The CAIR emission 

reduction requirements limit emissions 

through 2011; CSAPR 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 Eastern United 


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59518 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 

3Periodic emission inventories are derived 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. 

States, with implementation beginning 

on January 1, 2012. In particular, this 

rule requires reduction of these 

emissions to levels well below the levels 

that led to attainment of the 1997 

annual PM2.5 standard in the 

Indianapolis nonattainment area. Thus 

the emission reductions that are 

mandated first by CAIR and then by 

CSAPR may be considered to be 

permanent and enforceable. In turn, the 

air quality improvement in the 

Indianapolis 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. Emission Reductions 

Indiana developed emissions 

inventories for NOX, primary PM2.5, and 

SO2 for 2002, one of the years used to 

designate the areas as nonattainment, 

and 2008, one of the years the 

Indianapolis area monitored attainment 

of the standard. 

EGU SO2 and NOX emissions were 

derived from EPA’s Clean Air Market’s 

acid rain database. These emissions 

reflect implementation of the acid rain 

program and EPA’s NOX SIP call. The 

2008 emissions also reflect 

implementation of CAIR. All other point 

source emissions were obtained from 

Indiana’s source facility emissions 

reporting. 

Area source emissions for the 

Indianapolis area for 2002 and 2005 

were taken from Indiana’s 2002 and 

2005 periodic emissions inventories.3

The 2005 periodic emission inventory 

area source emissions were extrapolated 

to 2008. Source growth factors were 

supplied by the Lake Michigan Air 

Directors Consortium (LADCO). 

Nonroad mobile source emissions 

were 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. 

On-road mobile source emissions 

were calculated using EPA’s mobile 

source emission factor model, 

MOBILE6.2. 

Note that all emissions discussed 

below were documented in appendices 

B through E of Indiana’s May 31, 2011, 

redesignation request submittal. For 

these data and additional emissions 

inventory data, please go to EPA’s 

digital docket for this proposed rule, 

http://www.regulations.gov, which 

includes a digital copy of Indiana’s May 

31, 2011, submittal. 

Emissions data are shown in tables 3 

through 5 below. 

TABLE 3—COMPARISON OF 2002 AND 2008 NOX EMISSION TOTALS BY SOURCE SECTOR (TPY) FOR THE INDIANAPOLIS

AREA

Sector 

NOX

2002 2008 Net change 

2002–2008 

Point ................................................................................................................................. 8,045.92 6,259.45 ¥1,786.47 

EGU ................................................................................................................................. 12,388.02 7,183.98 ¥5,204.04 

Area ................................................................................................................................. 5,518.12 4,885.91 ¥632.21 

Nonroad ........................................................................................................................... 11,973.65 10,953.68 ¥1,019.97 

On-road ............................................................................................................................ 38,059.50 21,494.74 ¥16,564.76 

Total .......................................................................................................................... 75,985.21 50,777.76 ¥25,207.45 

TABLE 4—COMPARISON OF 2002 AND 2008 PRIMARY PM2.5 EMISSION TOTALS BY SOURCE SECTOR (TPY) FOR THE

INDIANAPOLIS AREA

Sector 

Direct PM2.5

2002 2008 Net change 

2002–2008 

Point ................................................................................................................................. 653.57 843.05 189.48 

EGU ................................................................................................................................. 110.66 1,966.49 1,855.83 

Area ................................................................................................................................. 2,934.93 85.36 ¥2,849.57 

Nonroad ........................................................................................................................... 847.73 805.42 ¥42.31 

On-road ............................................................................................................................ 670.50 403.67 ¥266.83 

Total .......................................................................................................................... 5,217.39 4,103.99 ¥1,113.40 

TABLE 5—COMPARISON OF 2002 AND 2008 SO2 EMISSION TOTALS BY SOURCE SECTOR (TPY) FOR THE INDIANAPOLIS

AREA

Sector 

SO2

2002 2008 Net change 

2002–2008 

Point ................................................................................................................................. 4,835.58 2,415.94 ¥2,419.64 

EGU ................................................................................................................................. 68,148.53 38,027.05 ¥30,121.48 

Area ................................................................................................................................. 8,676.35 1,830.02 ¥6,846.33 


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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 59519 

TABLE 5—COMPARISON OF 2002 AND 2008 SO2 EMISSION TOTALS BY SOURCE SECTOR (TPY) FOR THE INDIANAPOLIS

AREA—Continued 

Sector 

SO2

2002 2008 Net change 

2002–2008 

Nonroad ........................................................................................................................... 1,121.00 576.13 ¥544.87 

On-road ............................................................................................................................ 1,219.50 653.54 ¥565.96 

Total .......................................................................................................................... 84,000.96 43,502.68 ¥40,498.28 

Table 3 shows that the Indianapolis area 

reduced NOX emissions by 25,207.45 

tpy between 2002 and 2008. Table 4 

shows that the Indianapolis area 

reduced direct PM2.5 emissions by 

1,113.40 tpy between 2002 and 2008. 

Table 5 shows that the Indianapolis area 

reduced SO2 emissions by 40,498.28 tpy 

between 2002 and 2008. 

Because PM2.5 concentrations in the 

Indianapolis area are significantly 

impacted by the transport of sulfates 

and nitrates, the area’s air quality is 

strongly affected by regulation of SO2

and NOX emissions from power plants. 

Table 6, below, presents actual 

statewide EGU emissions data compiled 

by EPA’s Clean Air Markets Division for 

the years 2002 and 2008. Emissions for 

2002 reflect implementation of the acid 

rain program while emissions for 2008 

also reflect reductions implemented 

under CAIR. This table shows emissions 

for all states that, according to modeling 

conducted for the final CSAPR, are 

estimated to contribute at least 0.15 

mg/m3 to Indianapolis area annual 

average PM2.5 concentrations in the 

absence of CAIR or CSAPR. (See http:// 

epa.gov/crossstaterule/pdfs/

CSAPR_Ozone%20and%20PM2.5_

Contributions.xls.) 

TABLE 6—COMPARISON OF 2002 AND 2008 STATEWIDE EGU NOX AND SO2 EMISSIONS (TPY) FOR STATES IMPACTING

THE INDIANAPOLIS AREA

State 

NOX SO2

2002 2008 Net change 

2002–2008 2002 2008 Net change 2002–2008 

Alabama ................................................... 161,559 112,625 ¥48,934 448,248 357,547 ¥90,701 

Illinois ....................................................... 174,247 119,930 ¥54,317 353,699 257,357 ¥96,342 

Indiana ..................................................... 281,146 190,092 ¥91,054 778,868 565,459 ¥213,409 

Iowa .......................................................... 78,956 49,023 ¥29,933 127,847 109,293 ¥18,554 

Kentucky .................................................. 198,599 157,903 ¥40,696 482,653 344,356 ¥138,297 

Michigan ................................................... 132,623 107,624 ¥25,000 342,999 326,501 ¥16,498 

Missouri .................................................... 139,799 88,742 ¥51,057 235,532 258,269 22,737 

Ohio .......................................................... 370,497 235,049 ¥135,448 1,132,069 709,444 ¥422,625 

Pennsylvania ............................................ 200,909 183,658 ¥17,251 889,766 831,915 ¥57,851 

Tennessee ............................................... 155,996 85,641 ¥70,356 336,995 208,069 ¥128,926 

West Virginia ............................................ 225,371 99,484 ¥125,887 507,110 301,574 ¥205,536 

Wisconsin ................................................. 88,970 47,794 ¥41,175 191,257 129,694 ¥61,563 

Total .................................................. 2,208,672 1,477,564 ¥731,108 5,827,042 4,399,478 ¥1,427,564 

Table 6 shows that states impacting 

the Indianapolis area reduced NOX and 

SO2 emissions from EGUs by 731,108 

tpy and 1,427,564 tpy, respectively, 

between 2002 and 2008. 

Based on the information summarized 

above, Indiana has adequately 

demonstrated that the improvement in 

air quality is due to permanent and 

enforceable emissions reductions. 

4. The Area Has a Fully Approved 

Maintenance Plan Pursuant to Section 

175A of the CAA (Section 

107(d)(3)(E)(iv)) 

In conjunction with Indiana’s request 

to redesignate the Indianapolis 

nonattainment area to attainment status, 

IDEM submitted a SIP revision to 

provide for maintenance of the 1997 

annual PM2.5 NAAQS in the area 

through 2025. 

a. What is required in a maintenance 

plan? 

Section 175A of the CAA sets forth 

the required elements of a maintenance 

plan for areas seeking redesignation 

from nonattainment to attainment. 

Under section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least ten 

years after EPA approves a 

redesignation to attainment. Eight years 

after redesignation, the state must 

submit a revised maintenance plan 

which demonstrates that attainment will 

continue to be maintained for ten years 

following the initial ten-year 

maintenance period. To address the 

possibility of future NAAQS violations, 

the maintenance plan must contain 

contingency measures with a schedule 

for implementation as EPA deems 

necessary to assure prompt correction of 

any future PM2.5 violations. 

The September 4, 1992, John Calcagni 

memorandum provides additional 

guidance on the content of a 

maintenance plan. The memorandum 

states that a maintenance plan should 

address the following items: the 

attainment emissions inventories, a 

maintenance demonstration showing 

maintenance for the ten years of the 

maintenance period, a commitment to 

maintain the existing monitoring 

network, factors and procedures to be 

used for verification of continued 

attainment of the NAAQS, and a 

contingency plan to prevent or correct 

future violations of the NAAQS. 


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59520 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 

4MOVES2010a is EPA’s most recent model for 

estimating on-road mobile source emissions. 

MOVES was officially released for use in SIPs and regional transportation conformity determinations 

on March 2, 2010, at 75 FR 9411. 

b. Attainment Inventory 

The IDEM developed emissions 

inventories for NOX, direct PM2.5, and 

SO2 for 2008, one of the years used to 

demonstrate monitored attainment of 

the 1997 annual PM2.5 standard, as 

described in section IV.A.3.b., above. 

The attainment level of emissions is 

summarized in tables 2 through 4, 

above. 

c. Demonstration of Maintenance 

Along with the redesignation request, 

IDEM submitted revisions to the Indiana 

PM2.5 SIP to include a maintenance plan 

for the Indianapolis area, as required by 

section 175A of the CAA. This 

demonstration shows maintenance of 

the annual PM2.5 standard through 2025 

by showing that current and future 

emissions of NOX, direct PM2.5 and SO2

for the area remain at or below 

attainment year emission levels. A 

maintenance demonstration may be 

based on such an emissions inventory 

approach. See Wall v. EPA, 265 F.3d 

426 (6th Cir. 2001), Sierra Club v. EPA, 

375 F. 3d 537 (7th Cir. 2004). See also 

66 FR 53094, 53099–53100 (October 19, 

2001), 68 FR 25413, 25430–25432 (May 

12, 2003). 

Indiana is using emissions inventory 

projections for the years 2015, 2020, and 

2025 to demonstrate maintenance. The 

projected emissions were estimated by 

IDEM, with assistance from LADCO, 

and the Indianapolis Metropolitan 

Planning Organization. 

As noted above, IDEM and others 

estimating mobile source emissions for 

the Indianapolis area have used EPA’s 

MOBILE6.2 mobile source emission 

factor model to estimate mobile source 

emissions in both the October 20, 2009, 

submittal and the May 31, 2011, 

submittal rather than MOVES to 

estimate mobile source emissions.4 EPA 

is proposing to approve Indiana’s 

continued use of MOBILE6.2 in this 

maintenance plan. Air quality data 

indicate that the area has attained the 

1997 PM2.5 annual standard, and large 

emission reductions are expected in this 

area and in upwind areas in the coming 

years, which will maintain the 1997 

PM2.5 annual standard during the 

maintenance period. If MOVES had 

been used to estimate on-road mobile 

source emissions, we believe it would 

not have changed this conclusion. 

In addition, the recent, May 31, 2011, 

submittal only extended the 

maintenance period by five years from 

the maintenance period documented in 

the October 20, 2009, submittal, and it 

was not necessary for the newer 

submittal to revisit earlier years of the 

maintenance period. This extension of 

the maintenance period was necessary 

because: (1) EPA could not act on the 

original submittal at an earlier date due 

to issues related to the remand of CAIR; 

and, (2) Indiana, subsequently, needed 

to extend the maintenance period to 

meet CAA maintenance demonstration 

requirements. Further, consistent with 

documentation for Question 5 in EPA’s 

‘‘Policy Guidance on the Use of 

MOVES2010 for State Implementation 

Plan Development, Transportation 

Conformity, and Other Purposes’’ (the 

MOVES guidance) (http://www.epa.gov/ 

otaq/models/moves/420b09046.pdf), we 

have concluded that, since the bulk of 

the work on the maintenance plan was 

performed in 2009, before MOVES was 

released, the continued use of 

MOBILE6.2 in the maintenance plan is 

warranted. Even the supplemental work 

performed by Indiana to support the 

May 31, 2011, revision was done 

relatively soon after MOVES was 

officially released for use in SIPs on 

March 2, 2010, at 75 FR 9411. Based on 

these factors, we have concluded that 

Indiana’s continued use of MOBILE6.2 

is justified. In addition, the continued 

use of MOBILE6.2 avoids an adverse 

impact on State resources as also 

described in the documentation for 

Question 5 of the MOVES guidance. 

As discussed in section IV.3.a. above, 

many of the control programs that 

helped to bring the area into attainment 

of the standard will continue to achieve 

additional emission reductions over the 

maintenance period. These control 

programs include Tier 2 emission 

standards for vehicles and gasoline 

sulfur standards, the heavy-duty diesel 

engine rule, the nonroad diesel rule, and 

the nonroad large spark-ignition engine 

and recreation engine standards. In 

addition, implementation of CSAPR will 

result in further reductions in SO2 and 

NOX emissions over the maintenance 

period. Emissions data for all sources by 

source sector are shown in tables 7 

through 9, below. 

TABLE 7—COMPARISON OF 2008, 2015, 2020, AND 2025 NOX EMISSION TOTALS BY SOURCE SECTOR (TPY) FOR THE

INDIANAPOLIS AREA

Sector 

NOX

2008 2015 2020 2025 Net change 

2008–2025 

Point ................................................................. 6,259.45 6,267.98 6,182.66 6,098.76 ¥160.69 

EGU ................................................................. 7,183.98 6,864.90 6,864.17 6,863.44 ¥320.54 

Area .................................................................. 4,885.91 4,808.82 4,726.75 4,646.40 ¥239.51 

Nonroad ........................................................... 10,953.68 7,146.72 4,961.21 3,544.70 ¥7,408.98 

On-road ............................................................ 21,494.74 12,259.66 9,752.70 7,245.74 ¥14,249.00 

Total .......................................................... 50,777.76 37,348.08 32,487.49 28,399.04 ¥22,378.72 

TABLE 8—COMPARISON OF 2008, 2015, 2020, AND 2025 DIRECT PM2.5 EMISSION TOTALS BY SOURCE SECTOR (TPY) 

FOR THE INDIANAPOLIS AREA

Sector 

Direct PM2.5

2008 2015 2020 2025 Net change 

2008–2025 

Point ................................................................. 843.05 822.74 806.17 790.01 ¥53.04 

EGU ................................................................. 1,966.49 2,567.84 2,567.83 2,567.81 601.32 

Area .................................................................. 85.36 81.77 78.97 76.30 ¥9.06 


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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 59521 

TABLE 8—COMPARISON OF 2008, 2015, 2020, AND 2025 DIRECT PM2.5 EMISSION TOTALS BY SOURCE SECTOR (TPY) 

FOR THE INDIANAPOLIS AREA—Continued 

Sector 

Direct PM2.5

2008 2015 2020 2025 Net change 

2008–2025 

Nonroad ........................................................... 805.42 537.76 384.01 281.52 ¥523.90 

On-road ............................................................ 403.67 289.67 275.11 260.54 ¥143.13 

Total .......................................................... 4,103.99 4,299.78 4,112.09 3,976.18 ¥127.81 

TABLE 9—COMPARISON OF 2008, 2015, 2020, AND 2025 SO2 EMISSION TOTALS BY SOURCE SECTOR (TPY) FOR THE

INDIANAPOLIS AREA

Sector 

SO2

2008 2015 2020 2025 Net change 

2008–2025 

Point ................................................................. 2,415.94 1,631.65 1,604.91 1,578.72 ¥837.22 

EGU ................................................................. 38,027.05 28,314.66 28,314.44 28,314.22 ¥9,712.83 

Area .................................................................. 1,830.02 1,778.03 1,731.62 1,686.72 ¥143.30 

Nonroad ........................................................... 576.13 165.61 89.31 56.66 ¥519.47 

On-road ............................................................ 653.54 498.20 531.68 565.17 ¥88.37 

Total .......................................................... 43,502.68 32,388.15 32,271.96 32,201.49 ¥11,301.19 

Table 7 shows that the NOX emissions 

in the Indianapolis area are 22,378.72 

tpy less in 2025, the out-year of the 

maintenance plan, than in attainment 

year 2008. Table 8 shows that direct 

PM2.5 emissions are 127.81 tpy lower in 

2025 than in 2008. Table 9 shows that 

SO2 emissions are 11,301.19 tpy lower 

in 2025 than in 2008. 

For the interim years of 2015 and 

2020, however, in conjunction with the 

projections for dramatic declines in SO2

and NOX emissions in the Indianapolis 

area, the maintenance plan shows an 

increase in PM2.5 emissions. Therefore, 

further evaluation is needed to judge 

whether the increase in PM2.5 emissions, 

in combination with the decreases in 

SO2 and NOX emissions, is likely to 

provide for maintenance of the standard 

during the interim period. 

Each of these pollutants is 

characterized by a different relationship 

between emissions and air quality. 

Therefore, simply summing up the 

emissions of these various pollutants 

does not provide a meaningful indicator 

of the combined air quality impact of 

these emission changes. Instead, a more 

appropriate indicator is the percentage 

change in emissions for each emitted 

pollutant, weighted according to the air 

quality impact for each. 

For this purpose, EPA examined 

speciation data available from its Air 

Explorer Web site for 2007–2009 for the 

Indianapolis area. These data suggest 

that PM2.5 in the Indianapolis area 

consists of approximately 47 percent 

sulfate, 12 percent nitrate, 34 percent 

organic particulate, 4 percent 

miscellaneous inorganic particulate 

(sometime labeled ‘‘crustal particles’’), 

and 3 percent other types of particulate 

matter. 

EPA used a conservative approach 

that assumes that the full ambient 

concentration of organic particulate 

matter plus miscellaneous inorganic 

particulate matter will vary in 

accordance with changes in total 

nonattainment area emissions of 

directly emitted PM2.5. This analysis 

thus assumes that the entirety of this 

component of ambient PM2.5 will 

increase by the 5 percent that Indiana’s 

maintenance plan projects that directly 

emitted PM2.5 emissions will increase 

from 2008 to 2015, the year with the 

greatest estimated emissions of direct 

PM2.5. In this analysis, the baseline 

concentration is assumed to be 

14.3 mg/m3 (the design value for the 

2007–2009 time period), of which 

directly emitted PM2.5 is estimated to 

comprise 38 percent (34 plus 4), or 5.4 

mg/m3. EPA’s assessment assumes that 

the 5 percent increase in direct PM2.5

emissions from 2008 to 2015, the year 

with the highest projected levels of 

directly emitted PM2.5, will cause a 

corresponding increase in ambient 

concentrations of PM2.5, which would 

suggest an increase in the concentration 

of this component by 0.3 mg/m3. 

However, EPA believes that this 

potential increase will be fully 

compensated by much greater decreases 

in sulfate and nitrate concentrations. 

Determining the precise levels of 

decrease in sulfate and nitrate 

concentrations is a complex task 

requiring consideration of emission 

reductions not only in the Indianapolis 

area but also in many other parts of the 

Eastern United States. Nevertheless, 

sulfates and nitrates comprise 47 

percent and 12 percent of the PM2.5 in 

the Indianapolis area, respectively, and 

both are projected to decrease by 26 

percent over this same 2008–2015 time 

period. Further, as shown in table 10 

below, emissions of sulfates and nitrates 

from power plants in states impacting 

the Indianapolis area are projected to 

decrease by 66 percent and 47 percent, 

respectively. Therefore, the 0.3 mg/m3

increase associated with directly 

emitted PM2.5 would be expected to be 

more than offset by decreases in 

monitored concentrations associated 

with decreases in sulfates and nitrates. 

That is, EPA expects that the temporary 

minimal increase in direct emissions of 

PM2.5 in the Indianapolis area will not 

prevent the area from maintaining the 

standard. 

Because the PM2.5 concentrations in 

the Indianapolis area are significantly 

impacted by the transport of sulfates 

and nitrates, the area’s air quality is 

strongly affected by regulation of SO2

and NOX emissions from power plants. 

Table 10, below, compares statewide 

EGU emissions data for 2008 and 2014. 

Emissions for 2008 reflect actual 

emissions data compiled by EPA’s Clean 

Air Markets Division reflecting 

reductions implemented under CAIR. 


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2014 emissions reflect EPA’s projections 

of emissions expected under the CSAPR 

as shown at http://epa.gov/ 

crossstaterule/pdfs/ 

EmissionsSummaries.xlsx. 

TABLE 10—COMPARISON OF 2008 AND 2014 STATEWIDE EGU NOX AND SO2 EMISSIONS (TPY) FOR STATES IMPACTING

THE INDIANAPOLIS AREA

State 

NOX SO2

2008 2014 Net change 

2002–2014 2008 2014 Net change 2002–2014 

Alabama ................................................... 112,625 69,192 ¥43,433 448,248 173,566 ¥274,682 

Illinois ....................................................... 119,930 49,162 ¥70,768 257,357 132,647 ¥124,710 

Indiana ..................................................... 190,092 110,740 ¥79,352 565,459 195,046 ¥370,413 

Iowa .......................................................... 49,023 42,231 ¥6,792 127,847 83,827 ¥44,020 

Kentucky .................................................. 157,903 76,088 ¥81,815 344,356 116,927 ¥227,429 

Michigan ................................................... 107,624 60,907 ¥46,717 326,501 162,632 ¥163,869 

Missouri .................................................... 88,742 52,103 ¥36,639 258,269 186,899 ¥71,370 

Ohio .......................................................... 235,049 89,753 ¥145,296 709,444 178,975 ¥530,469 

Pennsylvania ............................................ 183,658 118,981 ¥64,677 831,915 125,545 ¥706,370 

Tennessee ............................................... 85,641 20,512 ¥65,129 208,069 64,721 ¥143,348 

West Virginia ............................................ 99,484 53,975 ¥45,509 301,574 84,344 ¥217,230 

Wisconsin ................................................. 47,794 33,537 ¥14,257 129,694 50,137 ¥79,557 

Total .................................................. 1,477,564 777,181 ¥700,383 4,508,733 1,555,266 ¥2,953,467 

Table 10 shows that NOX emissions 

from EGUs are projected to decrease by 

700,383 tpy from 2008 to 2014 in states 

impacting the Indianapolis area. Over 

that same time period, SO2 emissions 

from EGUs are projected to decrease by 

2,953,467 tpy in states impacting the 

Indianapolis area. 

Based on the information summarized 

above, Indiana has adequately 

demonstrated maintenance of the PM2.5

standard in this area for a period 

extending in excess of ten years from 

the date that EPA may be expected to 

complete rulemaking on the State’s 

redesignation request. 

d. Monitoring Network 

Indiana currently operates three 

monitors for purposes of determining 

attainment with the 1997 annual PM2.5

standard in the Indianapolis area. 

Indiana has committed to continue to 

operate and maintain these monitors 

and will consult with EPA prior to 

making any changes to the existing 

monitoring network. IDEM remains 

obligated to continue to quality assure 

monitoring data in accordance with 40 

CFR part 58 and enter all data into the 

AQS in accordance with Federal 

guidelines. 

e. Verification of Continued Attainment 

Continued attainment of the annual 

PM2.5 NAAQS in the Indianapolis area 

depends, in part, on the State’s efforts 

toward tracking indicators of continued 

attainment during the maintenance 

period. Indiana’s plan for verifying 

continued attainment of the annual 

PM2.5 standard in the Indianapolis area 

consists of continued ambient PM2.5

monitoring in accordance with the 

requirements of 40 CFR part 58. IDEM 

will also continue to develop and 

submit periodic emission inventories as 

required by the Federal Consolidated 

Emissions Reporting Rule (codified at 

40 CFR 51 Subpart A) to track future 

levels of emissions. 

f. Contingency Plan 

The contingency plan provisions are 

designed to promptly correct or prevent 

a violation of the NAAQS that might 

occur after redesignation of an area to 

attainment. Section 175A of the CAA 

requires that a maintenance plan 

include such contingency measures as 

EPA deems necessary to ensure that the 

state will promptly correct a violation of 

the NAAQS that occurs after 

redesignation. The maintenance plan 

should identify the contingency 

measures to be adopted, a schedule and 

procedure for adoption and 

implementation of the contingency 

measures, and a time limit for action by 

the state. The state should also identify 

specific indicators to be used to 

determine when the contingency 

measures need to be adopted and 

implemented. The maintenance plan 

must include a requirement that the 

state will implement all measures with 

respect to control of the pollutant(s) that 

were contained in the SIP before 

redesignation of the area to attainment. 

See section 175A(d) of the CAA. 

As required by section 175A of the 

CAA, Indiana has adopted a 

contingency plan for the Indianapolis 

area to address possible future annual 

PM2.5 air quality problems. Under 

Indiana’s plan, if a violation of the 1997 

annual PM2.5 standard occurs, Indiana 

will implement an ‘‘Action Level 

Response’’ to evaluate what measures 

are warranted to address the violation, 

committing to implement one or more 

measures from a list of candidate 

measures given in the plan. Indiana’s 

candidate contingency measures 

include the following: 

i. Alternative fuel and diesel retrofit 

programs for fleet vehicle operations; 

ii. NOX or SO2 controls on new minor 

sources; 

iii. Wood stove change out program; 

iv. Idle restrictions; 

v. Broader geographic applicability of 

existing measures; and 

vi. One or more transportation control 

measures sufficient to achieve at least a 

0.5 percent reduction in actual area 

wide precursor emissions. 

Under Indiana’s plan, control 

measures are to be adopted and 

implemented within 18 months from 

the end of the year in which air quality 

triggering the Action Level Response 

occurs. Indiana further commits to 

conduct ongoing review of its data, and 

if monitored concentrations or 

emissions are trending upward, Indiana 

commits to take appropriate steps to 

avoid a violation if possible. EPA 

believes that Indiana’s contingency plan 

satisfies the pertinent requirements of 

section 175A(d). 

g. Provisions for Future Updates of the 

Annual PM2.5 Maintenance Plan 

As required by section 175A(b) of the 

CAA, IDEM commits to submit to EPA 

an updated maintenance plan eight 

years after redesignation of the 

Indianapolis area to attainment of the 


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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 59523 

1997 annual PM2.5 standard to cover an 

additional ten-year period beyond the 

initial ten-year maintenance period. As 

required by section 175A of the CAA, 

Indiana has committed to retain the 

control measures contained in the SIP 

prior to redesignation, and to submit to 

EPA for approval as a SIP revision, any 

changes to its rules or emission limits 

applicable to SO2, NOX, or direct PM2.5

sources as required for maintenance of 

the annual PM2.5 standard in the 

Indianapolis area. 

EPA has concluded that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: attainment 

inventory, maintenance demonstration, 

monitoring network, verification of 

continued attainment, and a 

contingency plan. Thus EPA is finding 

that the maintenance plan SIP revision 

submitted by Indiana for the 

Indianapolis area meets the 

requirements of section 175A of the 

CAA. 

B. Adequacy of Indiana’s MVEBs 

1. How are MVEBs developed and what 

are the MVEBs for the Indianapolis 

area? 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIP revisions and maintenance plans for 

PM2.5 nonattainment areas and for areas 

seeking redesignations to attainment of 

the PM2.5 standard. These emission 

control strategy SIP revisions (e.g., RFP 

and attainment demonstration SIP 

revisions) and maintenance plans create 

MVEBs based on on-road mobile source 

emissions for criteria pollutants and/or 

their precursors to address pollution 

from on-road transportation sources. 

The MVEBs are the portions of the total 

allowable emissions that are allocated to 

highway and transit vehicle use that, 

together with emissions from other 

sources in the area, will provide for 

attainment, RFP or maintenance, as 

applicable. 

Under 40 CFR part 93, a MVEB for an 

area seeking a redesignation to 

attainment is established for the last 

year of the maintenance plan. The 

MVEB serves as a ceiling on emissions 

from an area’s planned transportation 

system. The MVEB concept is further 

explained in the preamble to the 

November 24, 1993, transportation 

conformity rule (58 FR 62188). 

Under section 176(c) of the CAA, 

transportation plans and transportation 

improvement programs (TIPs) must be 

evaluated to determine if they conform 

with the area’s SIP. Conformity to the 

SIP means that transportation activities 

will not cause new air quality 

violations, worsen existing air quality 

violations, or delay timely attainment of 

the NAAQS or any required interim 

milestone. If a transportation plan or 

TIP does not conform, most new 

transportation projects that would 

expand the capacity of roadways cannot 

go forward. Regulations at 40 CFR part 

93 set forth EPA policy, criteria, and 

procedures for demonstrating and 

assuring conformity of such 

transportation activities to a SIP. 

When reviewing SIP revisions 

containing MVEBs, including 

attainment strategies, rate-of-progress 

plans, and maintenance plans, EPA 

must affirmatively find ‘‘adequate’’ or 

approve for use in determining 

transportation conformity before the 

MVEBs can be used. Once EPA 

affirmatively approves or finds the 

submitted MVEBs to be adequate for 

transportation conformity purposes, the 

MVEBs must be used by state and 

Federal agencies in determining 

whether transportation plans and TIPs 

conform to the SIP as required by 

section 176(c) of the CAA. EPA’s 

substantive criteria for determining the 

adequacy of MVEBs are set out in 40 

CFR 93.118(e)(4). Additionally, to 

approve a motor vehicle emissions 

budget EPA must complete a thorough 

review of the SIP, in this case the PM2.5

maintenance plan, and conclude that 

the SIP will achieve its overall purpose, 

in this case providing for maintenance 

of the 1997 annual PM2.5 standard. 

EPA’s process for determining 

adequacy of a MVEB consists of three 

basic steps: (1) Providing public 

notification of a SIP submission; (2) 

providing the public the opportunity to 

comment on the MVEB during a public 

comment period; and, (3) EPA taking 

action on the MVEB. The process for 

determining the adequacy of submitted 

SIP MVEBs is codified at 40 CFR 93.118. 

The maintenance plan submitted by 

Indiana for the Indianapolis area 

contains new primary PM2.5 and NOX

MVEBs for the area for the years 2015 

and 2025. IDEM has determined the 

2015 MVEBs for the Indianapolis area to 

be 353.40 tpy for primary PM2.5 and 

14,956.79 tpy for NOX. IDEM has 

determined the 2025 MVEBs for the 

Indianapolis area to be 317.86 tpy for 

primary PM2.5 and 8,839.80 tpy for NOX. 

These MVEBs exceed the on-road 

mobile source primary PM2.5 and NOX

emissions projected by IDEM for 2015 

and 2025, as summarized in table 11 

below. IDEM decided to include ‘‘safety 

margins’’ as provided for in 40 CFR 

93.124(a) (described further below) of 

63.73 tpy and 57.32 tpy for primary 

PM2.5 and 2,697.13 tpy and 1,594.06 tpy 

for NOX in the 2015 and 2025 MVEBs, 

respectively, to provide for on-road 

mobile source growth. Indiana did not 

provide emission budgets for SO2, 

VOCs, and ammonia because it 

concluded, consistent with EPA’s 

presumptions regarding these 

precursors, that emissions of these 

precursors from motor vehicles are not 

significant contributors to the area’s 

PM2.5 air quality problem. 

The availability of the SIP submission 

with these 2015 and 2025 MVEBs was 

announced for public comment on 

EPA’s Adequacy Web site on July 19, 

2011, at: http://www.epa.gov/otaq/ 

stateresources/transconf/currsips.htm. 

The EPA public comment period on 

adequacy of the 2015 and 2025 MVEBs 

for the Indianapolis area closed on 

August 18, 2011. No adverse comments 

on the submittal were received during 

the adequacy comment period. 

TABLE 11—ON-ROAD MOBILE SOURCE EMISSIONS ESTIMATES AND BUDGETS

[tpy] 

NOX PM2.5

Emissions 

estimate Budget Emissions estimate Budget 

2008 ................................................................................................. 21,494.74 403.67 

2015 ................................................................................................. 12,259.66 14,956.79 289.67 353.40 

2025 ................................................................................................. 7,245.74 8,839.80 260.54 317.86 


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59524 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 

In the Indianapolis area, the motor 

vehicle budgets and motor vehicle 

emission projections for both NOX and 

primary PM2.5 are lower than base year 

levels, but the overall emissions of 

primary PM2.5 summed across all source 

types is projected to increase in 2015. 

This requires further examination of the 

question of whether an increase in 

overall primary PM2.5 emissions by the 

amounts requested by Indiana as safety 

margins would still provide for 

maintenance of the PM2.5 standard. 

The discussion of the maintenance 

plan above describes EPA’s rationale for 

believing that the impact of the 

projected increase in total primary PM2.5

emissions in 2015 will be more than 

compensated for by the projected 

decreases in overall emissions of SO2

and NOX. EPA examined whether the 

same conclusion would apply if the 

Indianapolis area used the entire safety 

margin in 2015, i.e., if mobile source 

PM2.5 emissions reached the full level of 

the PM2.5 MVEB for 2015. Assuming 

mobile source PM2.5 emissions of 353.40 

tpy, the level of the 2015 PM2.5 MVEB, 

total direct PM2.5 emissions in 2015 are 

estimated to be 4,363.51, a 6 percent 

increase over 2008 PM2.5 emissions. 

Applying a 6 percent increase to 5.4 

mg/m3, the baseline ambient PM2.5

concentration attributable to direct 

PM2.5 emissions, the expected impact of 

the overall PM2.5 emissions increase still 

rounds to 0.3 mg/m3, which EPA again 

holds is more than compensated for by 

the decrease in sulfate and nitrate 

concentrations resulting from 

reductions in SO2 and NOX emissions, 

as explained above. Therefore, EPA 

concludes that the submitted budgets, 

including the safety margins, provide 

for a quantity of mobile source 

emissions that would be expected to 

maintain the PM2.5 standard. 

EPA has reviewed the submitted 

budgets for 2015 and 2025 including the 

added safety margins using the 

conformity rule’s adequacy criteria 

found at 40 CFR 93.118(e)(4) and the 

conformity rule’s requirements for 

safety margins found at 40 CFR 

93.124(a). EPA has also completed a 

thorough review of the entire 

maintenance plan for the Indianapolis 

area. Based on the results of this review 

of the budgets and the maintenance plan 

EPA is approving the 2015 and 2025 

direct PM2.5 and NOX budgets including 

the requested safety margins for the 

Indianapolis area. Additionally, EPA, 

through this rulemaking, has found the 

submitted budgets to be adequate for 

use to determine transportation 

conformity in the Indianapolis area, 

because EPA has determined that the 

area can maintain attainment of the 

1997 annual PM2.5 NAAQS for the 

relevant maintenance period with onroad mobile source emissions at the 

levels of the MVEBs. These budgets 

must be used in conformity 

determinations made on or after the 

effective date of this direct final 

rulemaking, November 28, 2011. (40 

CFR 93.118(f)(iii)) 

The budgets that Indiana submitted 

were calculated using the MOBILE6.2 

motor vehicle emissions model. EPA is 

approving the conformity budgets 

calculated using this model because this 

model was the most current model 

available at the time Indiana was 

performing its analysis. As discussed in 

section IV.A.4.c. above, EPA has issued 

an updated motor vehicle emissions 

model known as MOVES. In its 

announcement of this model, EPA 

established a two-year grace period that 

allows 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 (MPOs) (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 MOVES Guidance. 

During the conformity grace period, the 

State and MPO should use the 

interagency consultation process to 

examine how MOVES 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 MOVES 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 motor vehicle 

emissions budget(s), transportation 

plans, and TIPs should be revised with 

MOVES 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 

MPOs 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 

Indianapolis maintenance plan, it 

should consult Question 7 of the 

December 2009 MOVES guidance for 

information on requirements related to 

such revisions. 

2. What is a safety margin? 

A ‘‘safety margin’’ is the difference 

between the attainment level of 

emissions (from all sources) and the 

projected level of emissions (from all 

sources) in the maintenance plan. As 

shown in table 7, NOX emissions in the 

Indianapolis area are projected to have 

safety margins of 13,429.68 tpy and 

22,378.72 tpy in 2015 and 2025, 

respectively (the difference between the 

attainment year, 2008, emissions and 

the projected 2015 and 2025 emissions 

for all sources in the Indianapolis area). 

Table 8 shows direct PM2.5 emissions in 

the Indianapolis area are projected to 

have a safety margin of 127.81 tpy in 

2025. Table 9 shows SO2 emissions in 

the Indianapolis area are projected to 

have safety margins of 11,114.53 tpy 

and 11,301.19 tpy in 2015 and 2025, 

respectively. Even if emissions reached 

the full level of the safety margin, the 

area would still demonstrate 

maintenance since emission levels 

would equal those in the attainment 

year. 

The transportation conformity rule 

allows areas to allocate all or a portion 

of a ‘‘safety margin’’ to the area’s motor 

vehicle emissions budgets. (40 CFR 

92.124(a)) The MVEBs requested by 

IDEM contain NOX safety margins for 

mobile sources in 2015 and 2025 and 

PM2.5 safety margins for mobile sources 

in 2025 smaller than the allowable 

safety margins reflected in the total 

emissions for the Indianapolis area. The 

State is not requesting allocation to the 

MVEBs of the entire available safety 

margins reflected in the demonstration 

of maintenance. Therefore, even though 

the State has submitted MVEBs that 

exceed the projected on-road mobile 

source emissions for 2015 and 2025 

contained in the demonstration of 

maintenance, the increase in on-road 

mobile source emissions that can be 

considered for transportation 

conformity purposes is well within the 

safety margins of the PM2.5 maintenance 

demonstration. Further, once allocated 

to mobile sources, these safety margins 

will not be available for use by other 

sources. 

Projected direct PM2.5 emissions in 

2015 exceed 2008 emission levels, and 

IDEM has included a mobile safety 

margin of 63.73 tpy in the 2015 PM2.5

MVEB. However, as discussed above, 

EPA holds that the impact of the PM2.5

emissions increase is more than 

compensated by decreases in sulfate and 

nitrate concentrations resulting from 

reductions in SO2 and NOX emissions. 

Therefore, EPA concludes that the 

requested budgets, including the 

requested safety margins, provide for a 


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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 59525 

quantity of mobile source emissions that 

would be expected to maintain the 

PM2.5 standard. 

C. 2006 Comprehensive Emissions 

Inventory 

As discussed above in section 

IV.A.2.a.ii., section 172(c)(3) of the CAA 

requires areas to submit a 

comprehensive, accurate and current 

emissions inventory. IDEM submitted a 

2006 base year emissions inventory that 

meets this requirement. Emissions 

contained in the submittal cover the 

general source categories of point 

sources, area sources, on-road mobile 

sources, and nonroad mobile sources. 

For the point source sector, EGU SO2

and NOX emissions were derived from 

EPA’s Clean Air Market’s database. All 

other point source emissions were 

obtained from Indiana’s source facility 

emissions reporting. 

Area source emissions were 

extrapolated from Indiana’s 2005 

periodic emissions inventory. Source 

growth factors were supplied by 

LADCO. 

Nonroad mobile source emissions 

were extrapolated from nonroad mobile 

source emissions reported in EPA’s 

2005 NEI. Contractors were employed 

by LADCO to estimate emissions for 

commercial marine vessels and 

railroads, which were not adequately 

addressed in EPA’s 2005 NEI. 

On-road mobile source emissions 

were calculated using EPA’s mobile 

source emission factor model, 

MOBILE6.2. 

Note that all emissions discussed 

below were documented in appendices 

B through E of Indiana’s May 31, 2011, 

redesignation request submittal. EPA 

has reviewed Indiana’s documentation 

of the emissions inventory techniques 

and data sources used for the derivation 

of the 2006 emissions estimates and has 

found that Indiana has thoroughly 

documented the derivation of these 

emissions inventories. 

In the May 31, 2011, submittal, IDEM 

states that the 2006 emissions inventory 

(and the 2008 attainment year emissions 

inventory) are currently the most 

complete emissions inventories for 

PM2.5 and PM2.5 precursors in the 

Indianapolis area. We also conclude that 

the 2006 emissions inventory is 

complete and is as accurate as possible 

given the input data available to the 

State. Therefore, we are approving the 

2006 PM2.5 emissions inventory for the 

Indianapolis area as meeting the 

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

CAA. 

TABLE 12—INDIANAPOLIS AREA NOX, DIRECT PM2.5, AND SO2 EMISSIONS (TPY) FOR 2006 BY SOURCE SECTOR

Sector NOX Direct PM2.5 SO2

Point ................................................................................................................................. 6,035.88 843.43 3,919.71 

EGU ................................................................................................................................. 7,820.39 763.74 57,451.29 

Area ................................................................................................................................. 4,841.01 85.70 1,820.79 

Nonroad ........................................................................................................................... 12,261.91 901.58 1,146.90 

On-road ............................................................................................................................ 22,734.38 416.63 842.20 

Total .......................................................................................................................... 53,693.57 3,011.08 65,180.89 

V. Summary of Actions 

EPA is making a determination that 

the Indianapolis area is attaining the 

1997 annual PM2.5 standard and that the 

area has met the requirements for 

redesignation under section 107(d)(3)(E) 

of the CAA. EPA is thus approving the 

request from IDEM to change the legal 

designation of the Indianapolis area 

from nonattainment to attainment for 

the 1997 annual PM2.5 NAAQS. EPA is 

approving Indiana’s PM2.5 maintenance 

plan for the Indianapolis area as a 

revision to the Indiana SIP because the 

plan meets the requirements of section 

175A of the CAA. EPA is approving 

2006 emissions inventories for primary 

PM2.5, NOX, and SO2, documented in 

Indiana’s May 31, 2011, PM2.5

redesignation request supplemental 

submittal as satisfying the requirement 

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

comprehensive, current emission 

inventory. Finally, EPA finds adequate 

and is approving 2015 and 2025 primary 

PM2.5 and NOX MVEBs for the 

Indianapolis area. These MVEBs will be 

used in future transportation conformity 

analyses for the area. 

VI. 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 approves 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 


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59526 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 

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 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. 

These actions are not ‘‘major rules’’ 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 November 28, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of these actions 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 these direct final 

rules and address the comment in the 

proposed rulemaking. These actions 

may not be challenged later in 

proceedings to enforce their 

requirements. (See section 307(b)(2).) 

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. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Section 52.776 is amended by 

adding paragraphs (v)(2) and (w)(2) to 

read as follows: 

§ 52.776 Control strategy: Particulate 

matter. 

* * * * * 

(v) * * * 

(2) The Indianapolis area (Hamilton, 

Hendricks, Johnson, Marion and Morgan 

Counties), as submitted on October 20, 

2009, and supplemented it on May 31, 

2011. The maintenance plan establishes 

2015 motor vehicle emissions budgets 

for the Indianapolis area of 353.40 tpy 

for primary PM2.5 and 14,956.79 tpy for 

NOX and 2025 motor vehicle emissions 

budgets of 317.86 tpy for primary PM2.5

and 8,839.80 tpy for NOX. 

(w) * * * 

(2) Indiana’s 2006 NOX, directly 

emitted PM2.5, and SO2 emissions 

inventory satisfies the emission 

inventory requirements of section 

172(c)(3) of the Clean Air Act for the 

Indianapolis area. 

PART 81—[AMENDED] 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. Section 81.315 is amended by 

revising the entry for Indianapolis, IN in 

the table entitled ‘‘Indiana PM2.5

(Annual NAAQS)’’ to read as follows: 

§ 81.315 Indiana. 

* * * * * 

INDIANA PM2.5

[Annual NAAQS] 

Designated area 

Designation a

Date 1 Type 

*******

Indianapolis, IN: 11/28/11 Attainment. 

Hamilton County.

Hendricks County.

Johnson County.

Marion County.

Morgan County.

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 


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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations 59527 

* * * * * 

[FR Doc. 2011–24373 Filed 9–26–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2008–0396; FRL–9469–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Redesignation of the Evansville Area 

to Attainment of the Fine Particulate 

Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On April 3, 2008, the Indiana 

Department of Environmental 

Management (IDEM) submitted a 

request for EPA to approve the 

redesignation of the Evansville, Indiana 

nonattainment area to attainment of the 

1997 annual fine particulate matter 

(PM2.5) standard. This request also 

included emissions information and 

related material to address related State 

Implementation Plan (SIP) 

requirements. On May 23, 2011, EPA 

proposed to approve the SIP submittals 

and to act as requested to redesignate 

the Evansville PM2.5 nonattainment area 

to attainment. The submittals included 

emissions inventories, a maintenance 

plan for the Evansville area for the 1997 

annual PM2.5 standard and 

accompanying motor vehicle emissions 

budgets. EPA received one set of 

adverse comments and one set of 

supportive comments. After review and 

consideration of these comments and of 

the emission reduction mandates of the 

final Cross-State Air Pollution Rule 

promulgated recently, EPA is taking 

final action to approve the requested SIP 

revisions and to redesignate the 

Evansville PM2.5 nonattainment area to 

attainment for the annual 1997 PM2.5

standard. 

DATES: This final rule is effective on 

October 27, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2008–0396. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://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 John Summerhays, 

Environmental Scientist, at (312) 886– 

6067, before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: John 

Summerhays, 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) 886–6067, 

summerhays.john@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

supplementary information section is 

arranged as follows: 

I. What actions did EPA propose? 

II. What is the background for these actions? 

III. What comments did EPA receive and 

what are EPA’s responses? 

IV. How does the CSAPR compare to the 

proposed Transport Rule as it affects 

Evansville area air quality? 

V. What is EPA’s final analysis of Indiana’s 

request? 

VI. Statutory and Executive Order Reviews 

I. What actions did EPA propose? 

Indiana submitted a request for 

redesignation of the Evansville area to 

attainment for the 1997 annual PM2.5

National Ambient Air Quality Standards 

(NAAQS) on April 3, 2008, 

supplemented by additional subsequent 

submittals on various dates including 

submittal of a replacement maintenance 

plan on April 8, 2011. On May 23, 2011, 

at 76 FR 29695, EPA published a notice 

of proposed rulemaking addressing 

these submittals. In the May 23 action, 

EPA first referred to EPA’s prior final 

determination that the Evansville area 

had attained the 1997 annual PM2.5

NAAQS (published November 27, 2009, 

at 74 FR 62243), and proposed to 

determine that the area continues to 

attain that standard. Second, EPA 

proposed to approve Indiana’s 1997 

annual PM2.5 maintenance plan for the 

Evansville area as a revision to the 

Indiana SIP, subject to the proviso that 

EPA promulgate a final Transport Rule 

requiring power plant emission 

reductions substantially equivalent for 

purposes of maintaining the PM2.5

standard in Evansville to those 

proposed in EPA’s Transport Rule 

proposal. Third, EPA proposed to 

approve the 2005 emission inventory in 

Indiana’s maintenance plan as satisfying 

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

a comprehensive and accurate 

emissions inventory. Fourth, EPA 

proposed to find that, subject to final 

approval of the emissions inventory and 

the proviso set forth above with respect 

to EPA’s proposed Transport Rule, 

Indiana meets the requirements for 

redesignation of the Evansville area to 

attainment of the 1997 PM2.5 NAAQS 

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

Air Act. Finally, EPA proposed to 

approve the 2015 and 2022 Motor 

Vehicle Emission Budgets (MVEBs) for 

the Evansville area into the Indiana SIP. 

These proposals were generally 

contingent on EPA finalizing a 

Transport Rule which, for purposes of 

this action, was substantially equivalent 

to the Transport Rule that EPA proposed 

on August 2, 2010. 

II. What is the background for these 

actions? 

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), 

based on a three-year average of annual 

mean PM2.5 concentrations. In the same 

rulemaking, EPA promulgated a 24-hour 

standard of 65 mg/m3, based on a threeyear average of the 98th percentile of 24- 

hour concentrations. On October 17, 

2006, at 71 FR 61144, EPA retained the 

annual average standard at 15 mg/m3 but 

revised the 24-hour standard to 

35 mg/m3, based again on the three-year 

average of the 98th percentile of 24-hour 

concentrations. 

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

supplemented on April 14, 2005, at 70 

FR 19844, EPA designated the 

Evansville area as nonattainment for the 

1997 PM2.5 air quality standards. In that 

action, EPA defined the Evansville 

nonattainment area to include the 

entirety of Dubois, Vanderburgh, and 

Warrick Counties and portions of three 

other counties, specifically including 

Montgomery Township in Gibson 

County, Ohio Township in Spencer 

County, and Washington Township in 

Pike County. On November 13, 2009, at 

74 FR 58688, EPA promulgated 

designations for the 24-hour standard 

set in 2006, designating the Evansville 

area as attaining this standard. In that 

action, EPA also clarified the 

designations for the NAAQS 

promulgated in 1997, stating that the 

Evansville area remained designated 

nonattainment for the 1997 annual 

PM2.5 standard, but was designated 

attainment for the 1997 24-hour 

standard. Thus today’s action does not 

address attainment of either the 1997 or 

the 2006 24-hour standards. 


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