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[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Rules and Regulations]
[Pages 59512-59527]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24373]

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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.

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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)

[[Page 59513]]

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.
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    \1\ Fine particulates directly emitted by sources and not formed 
in a secondary manner through chemical reactions or other processes 
in the atmosphere.
    \2\ NOX and SO2 are precursors for fine 
particulates formed through chemical reactions and other related 
processes in the atmosphere.
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    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 ([micro]g/m\3\) of 
ambient air, based on a three-year average of the annual mean 
PM2.5

[[Page 59514]]

concentrations at each monitoring site. In the same rulemaking, EPA 
promulgated a 24-hour PM2.5 standard at 65 [micro]g/m\3\, 
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 [micro]g/m\3\ (2006 annual 
PM2.5 standard), but revised the 24-hour standard to 35 
[micro]g/m\3\, 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 three-year average of annual means must not exceed 15.0 
[mu]g/m\3\ 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
                                                                     [[micro]g/m\3\]
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                                                                                                   Yearly annual mean
                            Monitor                            -----------------------------------------------------------------------------------------
                                                                      2006              2007              2008              2009              2010
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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
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          Table 2--Three-Year Average of the Annual Mean PM2.5 Concentrations for the Indianapolis Area
                                                 [[micro]g/m\3\]
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                          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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[[Page 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

[[Page 59516]]

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 Federally-supported 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 state-adopted 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

[[Page 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 phase-in 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 ground-service equipment; recreational vehicles using spark-
ignition engines such as off-highway motorcycles, all-terrain vehicles, 
and snowmobiles; and recreational marine diesel engines. Emission 
standards from large spark-ignition 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

[[Page 59518]]

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).
---------------------------------------------------------------------------

    \3\ Periodic 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.
---------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
                                                                                     NOX
                                                           -----------------------------------------------------
                          Sector                                                                Net change 2002-
                                                                  2002              2008              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
----------------------------------------------------------------------------------------------------------------
                                                                                Direct PM2.5
                                                           -----------------------------------------------------
                          Sector                                                                Net change 2002-
                                                                  2002              2008              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
----------------------------------------------------------------------------------------------------------------
                                                                                     SO2
                                                           -----------------------------------------------------
                          Sector                                                                Net change 2002-
                                                                  2002              2008              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

[[Page 59519]]

 
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 [mu]g/
m\3\ 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                NOX                                             SO2
                                                         -----------------------------------------------------------------------------------------------
                          State                                                             Net change                                      Net change
                                                               2002            2008          2002-2008         2002            2008          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.

[[Page 59520]]

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.
---------------------------------------------------------------------------

    \4\ MOVES2010a 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.
---------------------------------------------------------------------------

    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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           NOX
                                                               -----------------------------------------------------------------------------------------
                            Sector                                                                                                      Net change 2008-
                                                                      2008              2015              2020              2025              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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Direct PM2.5
                                                               -----------------------------------------------------------------------------------------
                            Sector                                                                                                      Net change 2008-
                                                                      2008              2015              2020              2025              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

[[Page 59521]]

 
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           SO2
                                                               -----------------------------------------------------------------------------------------
                            Sector                                                                                                      Net change 2008-
                                                                      2008              2015              2020              2025              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 [mu]g/
m\3\ (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 [mu]g/m\3\. 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 [mu]g/m\3\. 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 [mu]g/m\3\ 
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.

[[Page 59522]]

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                NOX                                             SO2
                                                         -----------------------------------------------------------------------------------------------
                          State                                                             Net change                                      Net change
                                                               2008            2014          2002-2014         2008            2014          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

[[Page 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                           Emissions
                                              estimate           Budget           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
----------------------------------------------------------------------------------------------------------------

[[Page 59524]]

    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 [mu]g/
m\3\, 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 [mu]g/
m\3\, 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 on-road 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

[[Page 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

[[Page 59526]]

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]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart P--Indiana

0
2. Section 52.776 is amended by adding paragraphs (v)(2) and (w)(2) to 
read as follows:

Sec.  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]

0
3. The authority citation for part 81 continues to read as follows:

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

0
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:

Sec.  81.315  Indiana.

* * * * *

                                                  Indiana PM2.5
                                                 [Annual NAAQS]
----------------------------------------------------------------------------------------------------------------
                                                                         Designation \a\
                Designated area                 ----------------------------------------------------------------
                                                      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.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

[[Page 59527]]

* * * * *
[FR Doc. 2011-24373 Filed 9-26-11; 8:45 am]
BILLING CODE 6560-50-P
```