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[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Rules and Regulations]
[Pages 28503-28507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11456]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0021 and EPA-R05-OAR-2013-0022: FRL-9812-4]

Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Lake and Porter Counties, Indiana, 1997 8-Hour Ozone 
Maintenance Plan and 1997 Annual Fine Particulate Matter Maintenance 
Plan Revision to Approved Motor Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving Indiana's request to revise the Lake and 
Porter Counties State Implementation Plans (SIPs) for the 1997 8-hour 
ozone standard, and the 1997 annual fine particulate matter 
(PM2.5) standard to replace the previously approved motor 
vehicle emissions budgets (budgets) with budgets developed using EPA's 
Motor Vehicle Emissions Simulator (MOVES) 2010a emissions model. The 
Indiana Department of Environmental Management (IDEM) submitted these 
requests to EPA with submittal letters dated February 1, 2013.

DATES: This direct final rule will be effective July 15, 2013, unless 
EPA receives adverse comments by June 14, 2013. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0021 and EPA-R05-OAR-0022, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: blakley.pamela@epa.gov.
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0021 for ozone or EPA-R05-OAR-0022 for PM2.5. EPA's 
policy is that all comments received will be included in the public 
docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact

[[Page 28504]]

you for clarification, EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Anthony Maietta, Environmental 
Protection Specialist, at (312) 353-8777 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
maietta.anthony@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is EPA approving?
II. What is the background for this action?
    a. SIP Budgets and Transportation Conformity
    b. Prior Approval of Budgets
    c. The MOVES Emissions Model
    d. Submission of New Budgets Based on MOVES2010a
III. What are the criteria for approval?
IV. What is EPA's analysis of the State's submittal?
    a. The Revised Inventories
    b. Approvability of the MOVES2010a-Based Budgets
    c. Applicability of MOBILE6.2-Based Budgets
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. What is EPA approving?

    EPA is approving new MOVES2010a-based budgets for the Lake and 
Porter County, Indiana 1997 8-hour ozone maintenance area and the 1997 
annual PM2.5 maintenance area that will replace MOBILE-based 
budgets in the SIP. The Lake and Porter County, Indiana area was 
redesignated to attainment of the 1997 8-hour ozone standard effective 
May 11, 2010 (75 FR 26113). The Lake and Porter County, Indiana area 
was redesignated to attainment of the 1997 annual PM2.5 
standard effective February 6, 2012 (76 FR 76302). MOBILE6.2-based 
budgets were approved in those actions. Upon the effective date of 
approval of the MOVES-based budgets, they must then be used in future 
transportation conformity analyses for the area as required by section 
176(c) of the CAA. See the official release of the MOVES2010 emissions 
model (75 FR 9411-9414) for background and section II.(c) below for 
details.

II. What is the Background for this action?

a. SIP Budgets and Transportation Conformity

    Under the CAA, states are required to submit, at various times, 
control strategy SIP revisions and maintenance plans for nonattainment 
and maintenance areas for a given National Ambient Air Quality Standard 
(NAAQS). These SIP revisions and maintenance plans include budgets of 
on-road mobile source emissions for criteria pollutants and/or their 
precursors. Transportation plans and projects ``conform'' to (i.e., are 
consistent with) the SIP when they will not cause or contribute to air 
quality violations, delay timely attainment of the NAAQS, or delay an 
interim milestone.

b. Prior Approval of Budgets

    EPA previously approved MOBILE6.2-based volatile organic compounds 
(VOC) and nitrogen oxides (NOX) budgets for the Lake and 
Porter County 8-hour ozone maintenance area, as well as NOX 
and direct PM budgets for the Lake and Porter County 1997 annual 
PM2.5 nonattainment area. The ozone maintenance plan 
established 2010 and 2020 budgets for the area that demonstrated a 
reduction in emissions from the monitored attainment year and included 
a margin of safety. The PM2.5 maintenance plan established 
budgets for 2025 for the area.

c. The MOVES Emissions Model

    The MOVES model is EPA's state-of-the-art tool for estimating 
highway emissions. EPA announced the release of MOVES2010 in March 2010 
(75 FR 9411). Use of the MOVES model is required for regional emissions 
analyses for transportation conformity determinations outside of 
California that begin after March 2, 2013.
    MOVES2010a was used to estimate emissions in the same milestone 
years as the original budgets in the SIP. IDEM is revising the budgets 
using the latest planning assumptions including population and 
employment updates. In addition, newer vehicle registration data has 
been used to update the age distribution of the vehicle fleet. Updating 
the budgets with MOVES2010a allows the area to continue to show 
conformity to the SIP in plans, transportation improvement programs, 
and projects. The interagency consultation group has had extensive 
consultation on the requirements and need for new budgets.

d. Submission of New Budgets Based on MOVES2010a

    On February 1, 2013, IDEM submitted replacement budgets based on 
MOVES2010a for the Lake and Porter County area. IDEM provided public 
review and comment for these budgets, which ended on January 25, 2013. 
There were no comments.
    IDEM has also provided total emissions, including mobile emissions 
based on MOVES2010a, for the attainment year of 2006, the interim year 
2010 and the 2020 maintenance year (as shown in table 1). The combined 
emissions reduction for each pollutant is the reduction in emissions 
from the base year (in this case the 2006 attainment year) to the final 
year of the maintenance plan (in this case the 2020 year). The total 
emissions include point, area, non-road and on-road mobile sources.

                        Table 1--Ozone--Total Emissions With MOVES2010a Mobile Emissions
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Combined
                                                                                                     emissions
                      Year                             2006            2010            2020          reduction
                                                                                                    (2006-2020)
----------------------------------------------------------------------------------------------------------------
VOC.............................................           85.90           75.08           69.70           16.20

[[Page 28505]]

 
NOX.............................................          213.41          192.84          159.58           53.83
----------------------------------------------------------------------------------------------------------------

    IDEM has added only a small portion of the combined emissions 
reduction available for use in NOX and VOC budgets for 2010 
and 2020. As shown in table 1, the submittal demonstrates that the 
area's emissions decline from the attainment year of 2006 to maintain 
the 1997 8-hour ozone standard.
    No additional control measures were needed to maintain the 1997 
ozone standard in the Lake and Porter County area. An appropriate 
safety margin for NOX and VOCs was selected by the 
interagency consultation group, which consists of representatives from 
the Federal Highway Administration, the Indiana Department of 
Transportation, IDEM, and EPA. The on-road MOVES2010a based budgets for 
ozone are listed in table 2.

 Table 2--Ozone--Motor Vehicle Emission Budgets (MOVES) for the Lake and
              Porter County, Indiana, Area in Tons per Day
------------------------------------------------------------------------
                  Year                         2010            2020
------------------------------------------------------------------------
VOC.....................................           13.99            5.99
NOX.....................................           47.26           16.69
------------------------------------------------------------------------

    IDEM has also provided total emissions, including mobile emissions 
based on MOVES2010a, for the attainment year of 2008, the interim year 
2015 and the 2025 maintenance year, as shown in table 3.

               Table 3--Fine Particulate Matter--Total Emissions With MOVES2010a Mobile Emissions
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Combined
                                                                                                     emissions
              Year                     2008            2015            2020            2025          reduction
                                                                                                    (2008-2025)
----------------------------------------------------------------------------------------------------------------
PM2.5...........................        9,052.67        7,246.52        7,074.03        6,810.83         2241.84
NOX.............................       64,053.36       45,189.97       42,528.83       37,237.39       26,815.97
----------------------------------------------------------------------------------------------------------------

    Indiana has added only a small portion of the combined emissions 
reduction available for use in NOX and PM2.5 
budgets for 2015 and 2025. As shown in table 3, the reduction in 
emissions between 2008 and 2025 demonstrates that the area will 
continue to maintain the 1997 annual PM2.5 standard.
    No additional control measures were needed to maintain the 1997 
annual PM2.5 standard in the Lake and Porter County area. An 
appropriate safety margin for NOX and PM2.5 was 
decided by the interagency consultation group. The on-road MOVES2010a 
based budgets are shown in table 4.

   Table 4--PM2.5--Motor Vehicle Emission Budgets (MOVES) for Lake and
                 Porter County, Indiana in Tons per Year
------------------------------------------------------------------------
                  Year                         2015            2025
------------------------------------------------------------------------
PM2.5...................................          374.30          188.73
NOX.....................................       10,486.08        5,472.34
------------------------------------------------------------------------

III. What are the Criteria for approval?

    EPA requires that revisions to existing SIPs and budgets continue 
to meet applicable requirements (e.g., RFP, attainment, or 
maintenance). The SIP must also meet any applicable SIP requirements 
under CAA section 110. In addition, adequacy criteria found at 40 CFR 
93.118(e)(4) must be satisfied before EPA can find submitted budgets 
adequate and approve them for conformity purposes.
    Areas can revise their budgets and inventories using MOVES without 
revising their entire SIP if: (1) The SIP continues to meet applicable 
requirements when the previous motor vehicle emissions inventories are 
replaced with MOVES base year and milestone, attainment, or maintenance 
year inventories; and (2) the state can document that growth and 
control strategy assumptions for non-motor vehicle sources continue to 
be valid and any minor updates do not change the overall conclusions 
underlying the SIP. The Indiana submittals meet this requirement as 
described below in the next section.
    For more information, see EPA's latest ``Policy Guidance on the Use 
of MOVES2010 for SIP Development, Transportation Conformity, and Other 
Purposes'' (April 2012), available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm#models.

IV. What Is EPA's analysis of the State's submittal?

a. The Revised Inventories

    The February 1, 2013, SIP revision requests for the Lake and Porter 
County 1997 ozone maintenance area and the 1997 annual PM2.5 
area seek to revise only the on-road mobile source inventories. IDEM 
has certified that the control strategies remain the same as in the 
original SIP, and that no other control strategies are necessary. IDEM 
also finds that growth and control strategy assumptions for sources 
other than on-road have not changed significantly from the original 
submittal. This is confirmed by the monitoring data for the Lake and 
Porter County area, which continues to monitor attainment for the 1997 
8-hour ozone

[[Page 28506]]

standard and the 1997 annual PM2.5 standard.

b. Approvability of the MOVES2010a-Based Budgets

    EPA evaluated the MOVES-based budgets submitted on February 1, 
2013, using the adequacy criteria found in 40 CFR 93.118(e)(4) and our 
in-depth evaluation of the state's submittal and SIP requirements. 
Before submitting the revised budgets, Indiana followed all necessary 
conformity procedures. The budgets are clearly identified and precisely 
quantified in the submittal. The budgets, when considered with other 
emissions sources, are consistent with continued maintenance of the 
1997 ozone standard. The budgets are clearly related to the emissions 
inventory and control measures in the SIP. The changes from the 
previous budgets are clearly explained with the change in the model 
from MOBILE6.2 to MOVES2010a and the revised and updated planning 
assumptions. The inputs to the model are detailed in the Appendix to 
the submittal. EPA has reviewed the inputs to the MOVES2010a modeling 
and participated in the consultation process. The Federal Highway 
Administration--Indiana Division and the Indiana Department of 
Transportation have taken a lead role in working with the Northwestern 
Indiana Regional Planning Commission to provide accurate, timely 
information and inputs to the MOVES2010a model runs. The state has 
documented that growth and control strategy assumptions for non-motor 
vehicle sources (i.e. area, non-road, and point) continue to be valid 
and any minor updates do not change the overall conclusions of the SIP.
    IDEM's submission confirms that the SIP continues to demonstrate 
maintenance of the 1997 ozone standard and annual PM2.5 
standard because the total emissions in the revised SIP (including 
MOVES2010a emissions for mobile sources) decrease from the attainment 
year to the last year of the maintenance plan, as shown in tables 1 and 
3. The budgets include an appropriate margin of safety while still 
maintaining total emissions below the attainment level.
    Based on our review of the February 1, 2013, submittal, EPA has 
determined that the SIP will continue to meet its requirements if the 
revised motor vehicle emissions inventories are replaced with 
MOVES2010a inventories.

c. Applicability of MOBILE6.2-Based Budgets

    When we finalize the approval of the revised budgets, the state's 
existing MOBILE6.2-based budgets will no longer be applicable for 
transportation conformity purposes.

V. What action is EPA taking?

    EPA is approving MOVES2010a-based budgets for the Lake and Porter 
County, Indiana 1997 8-hour ozone maintenance area and 1997 annual 
PM2.5 maintenance area as submitted on February 1, 2013. We 
are publishing this action without prior proposal because we view this 
as a noncontroversial amendment and anticipate no adverse comments. 
However, in the proposed rules section of this Federal Register 
publication, we are publishing a separate document that will serve as 
the proposal to approve the state plan if relevant adverse written 
comments are filed. This rule will be effective July 15, 2013 without 
further notice unless we receive relevant adverse written comments by 
June 14, 2013. If we receive such comments, we will withdraw this 
action before the effective date by publishing a subsequent document 
that will withdraw the final action. All public comments received will 
then be addressed in a subsequent final rule based on the proposed 
action. EPA will not institute a second comment period. Any parties 
interested in commenting on this action should do so at this time. 
Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment. If we do 
not receive any comments, this action will be effective July 15, 2013.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

[[Page 28507]]

    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 July 15, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 30, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is 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.

0
2. The table in Sec.  52.770 paragraph (e) is amended by adding entries 
in alphabetical order for ``Lake and Porter Counties 1997 8-hour ozone 
maintenance plan'' and ``Lake and Porter Counties 1997 annual 
PM2.5 maintenance plan'' to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
               Title                          Indiana date                EPA approval           Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lake and Porter Counties 1997 8-    February 1, 2013................  May 15, 2013,         Revision to motor
 hour ozone maintenance plan.                                          [INSERT PAGE NUMBER   vehicle emission
                                                                       WHERE THE DOCUMENT    budgets.
                                                                       BEGINS].
Lake and Porter Counties 1997       February 1, 2013................  May 15, 2013,         Revision to motor
 annual PM2.5 maintenance plan.                                        [INSERT PAGE NUMBER   vehicle emission
                                                                       WHERE THE DOCUMENT    budgets.
                                                                       BEGINS].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. In Sec.  52.776, revise paragraph (v)(4) to read as follows:

Sec.  52.776  Control strategy: Particulate atter.

* * * * *
    (v) * * *
    (4) Approval--On February 1, 2013, Indiana submitted a request to 
revise the motor vehicle emission budgets (budgets) in the 1997 annual 
PM2.5 maintenance plan for the Lake and Porter County, 
Indiana maintenance area. The budgets are being revised with budgets 
developed with the MOVES2010a model. The 2015 motor vehicle emissions 
budgets for Lake and Porter County, Indiana are 347.30 tpy 
PM2.5 and 10,486.08 tpy NOX. The 2025 motor 
vehicle emissions budgets for the Lake and Porter County area are 
188.73 tpy PM2.5 and 5,472.34 tpy for NOX.
* * * * *

0
4. In Sec.  52.777, paragraph (pp) is amended by redesignating the 
existing text as paragraph (pp)(1) and by adding paragraph (pp)(2) to 
read as follows:

Sec.  52.777  Control Strategy: photochemical oxidants. (hydrocarbons).

* * * * *
    (pp)(1) * * *
    (2) Approval--On February 1, 2013, Indiana submitted a request to 
revise the motor vehicle emission budgets (budgets) in the 1997 8-hour 
ozone maintenance plan for the Lake and Porter County, Indiana 
maintenance area. The budgets are being revised with budgets developed 
with the MOVES2010a model. The 2010 motor vehicle emissions budgets for 
Lake and Porter County, Indiana are 13.99 tpd VOC and 47.26 tpd 
NOX. The 2020 motor vehicle emissions budgets for the Lake 
and Porter County area are 5.99 tpd VOC and 16.69 tpd for 
NOX.
* * * * *
[FR Doc. 2013-11456 Filed 5-14-13; 8:45 am]
BILLING CODE 6560-50-P
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