Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 12033 

Dated: February 24, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–04319 Filed 3–2–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2020–0743; EPA–R05– 

OAR–2021–0886; EPA–R05–OAR–2022– 

0123; FRL–9567–01–R5] 

Air Plan Approval; Indiana; 

Redesignation of the Indiana Portion of 

the Chicago-Naperville Area to 

Attainment of the 2008 Ozone 

Standard, NOX RACT Waiver, and 

Serious Plan Elements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to find that 

the Indiana portion of the ChicagoNaperville, IL-IN-WI area (Chicago area) 

is attaining the 2008 ozone National 

Ambient Air Quality Standard (NAAQS 

or standard) and to redesignate the 

Indiana portion of the Chicago area to 

attainment for the 2008 ozone NAAQS, 

because the request meets the statutory 

requirements for redesignation under 

the Clean Air Act (CAA). EPA is 

proposing to approve, as a revision to 

the Indiana State Implementation Plan 

(SIP), the State’s plan for maintaining 

the 2008 ozone NAAQS through 2035 in 

the Chicago area. EPA is also proposing 

to approve a waiver, for the Indiana 

portion of the Chicago area, from the 

oxides of nitrogen (NOX) requirements 

of the CAA. EPA finds adequate and is 

proposing to approve Indiana’s 2030 

and 2035 volatile organic compound 

(VOC) and NOX Motor Vehicle Emission 

Budgets for the Indiana portion of the 

Chicago area. Finally, the VOC 

reasonably available control technology 

(RACT), clean-fuel vehicle programs 

(CFVP), enhanced monitoring of ozone 

and ozone precursors (EMP), and 

Enhanced motor vehicle Inspection/ 

Maintenance (I/M) SIP revisions. These 

SIP revisions satisfy the above 

requirements for a nonattainment area 

that is classified as a ‘‘Serious area’’ for 

the Indiana portion of the Chicago area 

under the 2008 ozone NAAQS. 

DATES: Comments must be received on 

or before April 4, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0743 (regarding the serious 

area elements), EPA–R05–OAR–2021– 

0886 (regarding the redesignation), or 

EPA–R05–OAR–2022–0123 (regarding 

the NOX RACT waiver) at https://

www.regulations.gov or via email to 

arra.sarah@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Katie Mullen, Environmental Engineer, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–3490, 

Mullen.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 is EPA proposing? 

II. What is the background for these actions? 

III. What are the criteria for redesignation? 

IV. What is EPA’s analysis of Indiana’s 

redesignation request? 

V. Has the state adopted approvable motor 

vehicle emission budgets? 

VI. Section 182(f) NOX Exemption 

VII. VOC RACT in the Indiana Portion of the 

Chicago Area 

VIII. Clean-Fuel Vehicle Programs (CFVP) 

IX. Enhanced Monitoring of Ozone and 

Ozone Precursors (EMP) 

X. Enhanced I/M in the Indiana Portion of 

the Chicago Area 

XI. Proposed Actions 

XII. Statutory and Executive order Reviews 

I. What is EPA Proposing? 

EPA is proposing to take several 

related actions. EPA is proposing to 

determine that the Indiana portion of 

the Chicago area is attaining the 2008 

ozone NAAQS, based on quality-assured 

and certified monitoring data for 2019– 

2021, and that the Indiana portion of the 

Chicago area has met the requirements 

for redesignation under section 

107(d)(3)(E) of the CAA. The Indiana 

portion of the Chicago area consists of 

Lake and Porter Counties in Northwest 

Indiana. Indiana submitted this request 

on December 6, 2021, with additional 

information submitted on January 18, 

2022. EPA is thus proposing to change 

the legal designation of the Indiana 

portion of the Chicago area from 

nonattainment to attainment for the 

2008 ozone NAAQS. EPA is also 

proposing to approve, as a revision to 

the Indiana SIP, the State’s maintenance 

plan (such approval being one of the 

CAA criteria for redesignation to 

attainment status) for the area. The 

maintenance plan is designed to keep 

the Chicago area in attainment of the 

2008 ozone NAAQS through 2035. EPA 

finds adequate and is proposing to 

approve the newly-established 2030 and 

2035 motor vehicle emissions budgets 

(or budgets) for the Indiana portion of 

the Chicago area. EPA is proposing to 

approve a NOX waiver, for the Indiana 

portion of the Chicago area, from the 

NOX requirements of section 182(f) of 

the CAA, included in Indiana’s January 

18, 2022, submittal. EPA is also 

proposing to approve the VOC RACT 

SIP revisions included in Indiana’s 

December 29, 2020, and September 17, 

2021, submittals. Finally, EPA is 

proposing to approve the CFVP and the 

EMP SIP certifications included in 

Indiana’s December 29, 2020, submittal 

and the Enhanced I/M certification in 

Indiana’s December 29, 2020, and 

January 18, 2022 submittals. These 

elements satisfy the serious VOC RACT, 

CFVP, EMP, and Enhanced I/M 

requirements for the Indiana portion of 

the Chicago area for the 2008 ozone 

NAAQS. 

II. What is the background for these 

actions? 

EPA has determined that ground-level 

ozone is detrimental to human health. 

On March 27, 2008, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.075 

parts per million (ppm). See 73 FR 

16436 (March 27, 2008). Under EPA’s 

regulations at 40 CFR part 50, the 2008 

ozone NAAQS is attained in an area 

when the 3-year average of the annual 

fourth highest daily maximum 8-hour 

average concentration is equal to or less 

than 0.075 ppm, when truncated after 

the thousandth decimal place, at all 

ozone monitoring sites in the area. See 


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1The ozone season is defined by state in 40 CFR 

58, appendix D. The ozone season for Indiana is 

March–October. See 80 FR 65292, 65466–67 

(October 26, 2015). 

40 CFR 50.15 and appendix P to 40 CFR 

part 50. 

Upon promulgation of a new or 

revised NAAQS, section 107(d)(1)(B) of 

the CAA requires EPA to designate as 

nonattainment any areas that are 

violating the NAAQS, based on the most 

recent three years of quality assured 

ozone monitoring data. The Chicago 

area was originally designated as a 

Marginal nonattainment area for the 

2008 ozone NAAQS on June 11, 2012 

(77 FR 34221), effective July 20, 2012. 

EPA reclassified the Chicago area from 

Marginal to Moderate nonattainment on 

May 4, 2016 (81 FR 26697), effective 

June 3, 2016. The Chicago area was 

again reclassified to Serious on August 

23, 2019 (84 FR 44238), effective 

September 23, 2019. 

III. What are the criteria for 

redesignation? 

Section 107(d)(3)(E) of the CAA 

allows redesignation of an area to 

attainment of the NAAQS provided that: 

(1) The Administrator (EPA) determines 

that the area has attained the NAAQS; 

(2) the Administrator has fully approved 

the applicable implementation plan 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 

implementation of the applicable SIP, 

applicable Federal air pollutant control 

regulations, and other permanent and 

enforceable emission reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

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 

the purposes of redesignation under 

section 110 and part D of the CAA. 

On April 16, 1992, EPA provided 

guidance on redesignations in the 

General Preamble for the 

Implementation of Title I of the CAA 

Amendments of 1990 (57 FR 13498) 

(General Preamble) and supplemented 

this guidance on April 28, 1992 (57 FR 

18070). EPA has provided further 

guidance on processing redesignation 

requests in the following documents: 

1. ‘‘Ozone and Carbon Monoxide Design 

Value Calculations,’’ Memorandum from 

Bill Laxton, Director, Technical Support 

Division, June 18, 1990; 

2. ‘‘Maintenance Plans for Redesignation of 

Ozone and Carbon Monoxide 

Nonattainment Areas,’’ Memorandum 

from G.T. Helms, Chief, Ozone/Carbon 

Monoxide Programs Branch, April 30, 

1992; 

3. ‘‘Contingency Measures for Ozone and 

Carbon Monoxide (CO) Redesignations,’’ 

Memorandum from G.T. Helms, Chief, 

Ozone/Carbon Monoxide Programs 

Branch, June 1, 1992; 

4. ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ 

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, September 4, 1992 (the 

‘‘Calcagni Memorandum’’); 

5. ‘‘State Implementation Plan (SIP) Actions 

Submitted in Response to Clean Air Act 

(CAA) Deadlines,’’ Memorandum from 

John Calcagni, Director, Air Quality 

Management Division, October 28, 1992; 

6. ‘‘Technical Support Documents (TSDs) for 

Redesignation of Ozone and Carbon 

Monoxide (CO) Nonattainment Areas,’’ 

Memorandum from G.T. Helms, Chief, 

Ozone/Carbon Monoxide Programs 

Branch, August 17, 1993; 

7. ‘‘State Implementation Plan (SIP) 

Requirements for Areas Submitting 

Requests for Redesignation to 

Attainment of the Ozone and Carbon 

Monoxide (CO) National Ambient Air 

Quality Standards (NAAQS) On or After 

November 15, 1992,’’ Memorandum from 

Michael H. Shapiro, Acting Assistant 

Administrator for Air and Radiation, 

September 17, 1993; 

8. ‘‘Use of Actual Emissions in Maintenance 

Demonstrations for Ozone and CO 

Nonattainment Areas,’’ Memorandum 

from D. Kent Berry, Acting Director, Air 

Quality Management Division, 

November 30, 1993; 

9. ‘‘Part D New Source Review (Part D NSR) 

Requirements for Areas Requesting 

Redesignation to Attainment,’’ 

Memorandum from Mary D. Nichols, 

Assistant Administrator for Air and 

Radiation, October 14, 1994; and 

10. ‘‘Reasonable Further Progress, Attainment 

Demonstration, and Related 

Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National 

Ambient Air Quality Standard,’’ 

Memorandum from John S. Seitz, 

Director, Office of Air Quality Planning 

and Standards, May 10, 1995. 

IV. What is EPA’s analysis of Indiana’s 

redesignation request? 

A. Has the Indiana portion of the 

Chicago area attained the 2008 ozone 

NAAQS? 

For redesignation of a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the entire 

Chicago area has attained the applicable 

NAAQS (CAA section 107(d)(3)(E)(i)). 

An area is attaining the 2008 ozone 

NAAQS if it meets the 2008 ozone 

NAAQS, as determined in accordance 

with 40 CFR 50.15 and appendix P of 

part 50, based on three complete, 

consecutive calendar years of qualityassured air quality data for all 

monitoring sites in the area. To attain 

the NAAQS, the 3-year average of the 

annual fourth-highest daily maximum 8- 

hour average ozone concentrations 

(ozone design values) at each monitor 

must not exceed 0.075 ppm. The air 

quality data must be collected and 

quality-assured in accordance with 40 

CFR part 58 and recorded in EPA’s Air 

Quality System (AQS). Ambient air 

quality monitoring data for the 3-year 

period must also meet data 

completeness requirements. An ozone 

design value is valid if daily maximum 

8-hour average concentrations are 

available for at least 90 percent of the 

days within the ozone monitoring 

seasons,1 on average, for the 3-year 

period, with a minimum data 

completeness of 75 percent during the 

ozone monitoring season of any year 

during the 3-year period. See section 4 

of appendix P to 40 CFR part 50. 

EPA has reviewed the available ozone 

monitoring data from monitoring sites 

in the Chicago area for the 2019–2021 

period. These data have been quality 

assured, are recorded in the AQS, and 

have been certified. These data 

demonstrate that the Chicago area is 

attaining the 2008 ozone NAAQS. The 

annual fourth-highest 8-hour ozone 

concentrations and the 3-year average of 

these concentrations (monitoring site 

ozone design values) for each 

monitoring site are summarized in Table 

1. 


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2The monitor ozone design value for the monitor 

with the highest 3-year averaged concentration. 

TABLE 1—ANNUAL FOURTH HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE

FOURTH HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE CHICAGO-NAPERVILLE, IL-IN-WI 2008 

OZONE AREA (ppm) 

Site County 

Year Average 

2019 2020 2021 2019–2021 

Wisconsin 

55–059–0019 .................................... Kenosha ........................................... 0.067 0.078 0.079 0.074 

55–059–0025 .................................... Kenosha ........................................... 0.066 0.078 0.072 0.072 

Illinois 

17–031–0001 .................................... Cook ................................................. 0.070 0.076 0.068 0.071 

17–031–0032 .................................... Cook ................................................. 0.071 0.077 0.077 0.075 

17–031–0076 .................................... Cook ................................................. 0.065 0.068 0.070 0.067 

17–031–1003 .................................... Cook ................................................. 0.069 0.077 0.068 0.071 

17–031–1601 .................................... Cook ................................................. 0.068 0.078 0.072 0.072 

17–031–3103 .................................... Cook ................................................. 0.064 0.068 0.060 0.064 

17–031–4002 .................................... Cook ................................................. 0.064 0.079 0.067 0.070 

17–031–4007 .................................... Cook ................................................. 0.066 0.072 0.069 0.069 

17–031–4201 .................................... Cook ................................................. 0.069 0.079 0.075 0.074 

17–031–7002 .................................... Cook ................................................. 0.069 0.074 0.078 0.073 

17–043–6001 .................................... DuPage ............................................ 0.070 0.073 0.069 0.070 

17–089–0005 .................................... Kane ................................................. 0.071 0.073 0.068 0.070 

17–097–1007 .................................... Lake .................................................. 0.066 0.076 0.077 0.073 

17–111–0001 .................................... McHenry ........................................... 0.070 0.076 0.069 0.071 

17–197–1011 .................................... Will .................................................... 0.060 0.067 0.065 0.064 

Indiana 

18–089–0022 .................................... Lake .................................................. 0.065 0.074 0.070 0.069 

18–089–2008 .................................... Lake .................................................. 0.065 0.071 0.068 0.068 

18–127–0024 .................................... Porter ................................................ 0.068 0.076 0.072 0.072 

18–127–0026 .................................... Porter ................................................ 0.071 0.067 0.066 0.068 

The Chicago area’s 3-year ozone 

design value for 2019–2021 is 0.075 

ppm,2 which meets the 2008 ozone 

NAAQS. Therefore, in this action, EPA 

proposes to determine that the Chicago 

area is attaining the 2008 ozone 

NAAQS. 

EPA will not take final action to 

determine that the Chicago area is 

attaining the NAAQS nor to approve the 

redesignation of the Indiana portion of 

the Chicago area if the design value of 

a monitoring site in the area violates the 

NAAQS after proposal but prior to final 

approval of the redesignation. As 

discussed in section IV.D.3. below, 

Indiana has committed to continue 

monitoring ozone in this area to verify 

maintenance of the 2008 ozone NAAQS. 

B. Has Indiana met all applicable 

requirements of section 110 and part D 

of the CAA for the Indiana portion of 

the Chicago area, and does Indiana 

have a fully approved SIP for the area 

under section 110(k) of the CAA? 

As criteria for redesignation of an area 

from nonattainment to attainment of a 

NAAQS, the CAA requires EPA to 

determine that the state has met all 

applicable requirements under section 

110 and part D of title I of the CAA (see 

section 107(d)(3)(E)(v) of the CAA) and 

that the state has a fully approved SIP 

under section 110(k) of the CAA (see 

section 107(d)(3)(E)(ii) of the CAA). EPA 

finds that Indiana has met all applicable 

SIP requirements, for purposes of 

redesignation, under section 110 and 

part D of title I of the CAA 

(requirements specific to nonattainment 

areas for the 2008 ozone NAAQS). 

Additionally, with the exception of the 

NOX exemption, Enhanced 

I/M, VOC RACT, CFVP, and EMP 

requirements of the CAA, EPA finds that 

all applicable requirements of the 

Indiana SIP for the area have been fully 

approved under section 110(k) of the 

CAA. 

As discussed below, in this action 

EPA is proposing to approve Indiana’s 

Enhanced I/M certification as meeting 

the serious I/M requirements of section 

182(c)(3) of the CAA. Also, EPA is 

proposing to approve Indiana’s VOC 

RACT submission as meeting the 

requirements of section 182(b)(2) of the 

CAA, CFVP certification as meeting the 

requirements of 182(c)(4) of the CAA, 

and EMP certification as meeting the 

requirements of section 182(c)(1) of the 

CAA. Finally, EPA is proposing to 

approve a waiver, for the Indiana 

portion of the Chicago area, from the 

NOX requirements of section 182(f) of 

the CAA. 

In making these determinations, EPA 

ascertained which CAA requirements 

are applicable to the Indiana portion of 

the Chicago area, if applicable, whether 

the required Indiana SIP elements are 

fully approved under section 110(k) and 

part D of the CAA. As discussed more 

fully below, SIPs must be fully 

approved only with respect to currently 

applicable requirements of the CAA. 

The September 4, 1992, Calcagni 

memorandum (see ‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air 

Quality Management Division, 

September 4, 1992) describes EPA’s 

interpretation of section 107(d)(3)(E) of 

the CAA. Under this interpretation, a 

state and the area it wishes to 

redesignate must meet the relevant CAA 

requirements that are due prior to the 

state’s submittal of a complete 

redesignation request for the area. See 

also the September 17, 1993, Michael 

Shapiro memorandum and 60 FR 12459, 

12465–66 (March 7, 1995) 


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12036 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 

3EPA has previously approved provisions of the 

Indiana SIP addressing section 110 elements under 

the 2008 ozone NAAQS; 80 FR 23713 (April 29, 

2015), 84 FR 46889 (September 6, 2019). 

(redesignation of Detroit-Ann Arbor, 

Michigan to attainment of the 1-hour 

ozone NAAQS). Applicable 

requirements of the CAA that come due 

subsequent to the state’s submittal of a 

complete request remain applicable 

until a redesignation to attainment is 

approved but are not required as a 

prerequisite to redesignation. See 

section 175A(c) of the CAA. Sierra Club 

v. EPA, 375 F.3d 537 (7th Cir. 2004). See 

also 68 FR 25424, 25427 (May 12, 2003) 

(redesignation of the St. Louis/East St. 

Louis area to attainment of the 1-hour 

ozone NAAQS). 

EPA is proposing to determine that 

the Chicago area has attained the 2008 

ozone standard. If that determination is 

finalized, under 40 CFR 51.918, the 

requirements to submit certain planning 

SIPs related to attainment, including 

attainment demonstration requirements 

(the reasonably available control 

measures (RACM) requirement of 

section 172(c)(1) of the CAA, the 

reasonable further progress (RFP) and 

attainment demonstration requirements 

of sections 172(c)(2) and (6) and 

182(b)(1) of the CAA, and the 

requirement for contingency measures 

of section 172(c)(9) of the CAA) would 

not be applicable to the area as long as 

it continues to attain the NAAQS and 

would cease to apply upon 

redesignation. In addition, in the 

context of redesignations, EPA has 

interpreted requirements related to 

attainment as not applicable for 

purposes of redesignation. For example, 

in the General Preamble EPA stated that: 

‘‘The section 172(c)(9) requirements 

are directed at ensuring RFP and 

attainment by the applicable date. These 

requirements no longer apply when an 

area has attained the standard and is 

eligible for redesignation. Furthermore, 

section 175A for maintenance plans 

provides specific requirements for 

contingency measures that effectively 

supersede the requirements of section 

172(c)(9) for these areas.’’ (General 

Preamble at 13564) 

See also Calcagni memorandum at 6 

(‘‘The requirements for reasonable 

further progress and other measures 

needed for attainment will not apply for 

redesignations because they only have 

meaning for areas not attaining the 

standard.’’). 

1. Indiana Has Met All Applicable 

Requirements of Section 110 and Part D 

of the CAA Applicable to the Indiana 

Portion of the Chicago Area for Purposes 

of Redesignation 

a. Section 110 General Requirements for 

Implementation Plans 

Section 110(a)(2) of the CAA 

delineates the general requirements for 

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

the SIP must have been adopted by the 

state after reasonable public notice and 

hearing, and that, among other things, it 

must: (1) Include enforceable emission 

limitations and other control measures, 

means or techniques necessary to meet 

the requirements of the CAA; (2) 

provide for establishment and operation 

of appropriate devices, methods, 

systems and procedures necessary to 

monitor ambient air quality; (3) provide 

for implementation of a source permit 

program to regulate the modification 

and construction of stationary sources 

within the areas covered by the plan; (4) 

include provisions for the 

implementation of part C prevention of 

significant deterioration (PSD) and part 

D new source review (NSR) permit 

programs; (5) include provisions for 

stationary source emission control 

measures, monitoring, and reporting; (6) 

include provisions for air quality 

modeling; and, (7) provide for public 

and local agency participation in 

planning and emission control rule 

development. 

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

requires SIPs to contain measures to 

prevent sources in a state from 

significantly contributing to air quality 

problems in another state. To 

implement this provision, EPA has 

required certain states to establish 

programs to address transport of certain 

air pollutants, e.g., NOX SIP call, the 

Clean Air Interstate Rule (CAIR), Cross 

State Air Pollution Rule (CSAPR). 

However, like many of the 110(a)(2) 

requirements, the section 110(a)(2)(D) 

SIP requirements are not linked to a 

particular area’s ozone designation and 

classification. EPA concludes that the 

SIP requirements linked with the area’s 

ozone designation and classification are 

the relevant measures to evaluate when 

reviewing a redesignation request for 

the area. The section 110(a)(2)(D) 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area within the state. Thus, we believe 

these requirements are not applicable 

requirements for purposes of 

redesignation. See 65 FR 37890 (June 

15, 2000), 66 FR 50399 (October 19, 

2001), 68 FR 25418, 25426–27 (May 13, 

2003). 

In addition, EPA believes that other 

section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked with an area’s 

ozone attainment status are not 

applicable requirements for purposes of 

redesignation. The area will still be 

subject to these requirements after the 

area is redesignated to attainment of the 

2008 ozone NAAQS. The section 110 

and part D requirements which are 

linked with a particular area’s 

designation and classification are the 

relevant measures to evaluate in 

reviewing a redesignation request. This 

approach is consistent with EPA’s 

existing policy on applicability (i.e., for 

redesignations) of conformity 

requirements, 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-AkronLoraine, Ohio final rulemaking, 61 FR 

20458 (May 7, 1996); and Tampa, 

Florida final rulemaking, 60 FR 62748 

(December 7, 1995). See also the 

discussion of this issue in the 

Cincinnati, Ohio ozone redesignation 

(65 FR 37890, June 19, 2000), and the 

Pittsburgh, Pennsylvania 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 those 

requirements are applicable for 

purposes of redesignation.3

b. Part D Requirements 

Section 172(c) of the CAA sets forth 

the basic requirements of air quality 

plans for states with nonattainment 

areas that are required to submit them 

pursuant to section 172(b). Subpart 2 of 

part D, which includes section 182 of 

the CAA, establishes specific 

requirements for ozone nonattainment 

areas depending on the areas’ 

nonattainment classifications. 

The Chicago area is classified as 

serious under subpart 2 for the 2008 

ozone NAAQS. As such, the area is 

subject to the subpart 1 requirements 

contained in section 172(c) and section 

176. Similarly, the area is subject to the 

subpart 2 requirements contained in 

sections 182(a), (b), and (c) (Marginal, 

Moderate, and Serious nonattainment 

area requirements). A thorough 

discussion of the requirements 

contained in section 172(c) and 182 can 


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4CAA section 176(c)(4)(E) requires states to 

submit revisions to their SIPs to reflect certain 

Federal criteria and procedures for determining 

transportation conformity. Transportation 

conformity SIPs are different from SIPs requiring 

the development of motor vehicle emissions 

budgets, such as control strategy SIPs and 

maintenance plans. 

be found in the General Preamble for 

Implementation of Title I (57 FR 13498). 

i. Subpart 1 Section 172 Requirements 

CAA Section 172(b) requires states to 

submit SIPs meeting the requirements of 

section 172(c) no later than three years 

from the date of the nonattainment 

designation. 

Section 172(c)(1) requires the plans 

for all nonattainment areas to provide 

for the implementation of all RACM as 

expeditiously as practicable and to 

provide for attainment of the primary 

NAAQS. Under this requirement, a state 

must consider all available control 

measures, including reductions that are 

available from adopting RACT on 

existing sources. Because attainment has 

been reached in the Chicago area, 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 51.1118. 

The RFP requirement under section 

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

must be made toward attainment. EPA 

approved Indiana’s RFP plan and RFP 

contingency measures on February 13, 

2019 (84 FR 3711). 

Section 172(c)(3) requires submission 

and approval of a comprehensive, 

accurate and current inventory of actual 

emissions. This requirement was 

superseded by the inventory 

requirement in section 182(a)(1) 

discussed below. 

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 has previously 

approved Indiana’s NSR program on 

February 13, 2019 (84 FR 3711). 

However, EPA has determined that, 

since PSD requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that the NSR program be approved prior 

to redesignation, provided that the area 

demonstrates maintenance of the 

NAAQS without part D NSR. A more 

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 Indiana 

portion of the Chicago area will be able 

to maintain the 2008 ozone NAAQS 

without part D NSR in effect; therefore, 

EPA concludes that the state need not 

have a fully approved part D NSR 

program prior to approval of the 

redesignation request. See rulemakings 

for Detroit, Michigan (60 FR 12467– 

12468, March 7, 1995); ClevelandAkron-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). 

Indiana’s PSD program will become 

effective in the Indiana portion of the 

Chicago area upon redesignation to 

attainment. EPA approved Indiana’s 

PSD program on May 20, 2004 (69 FR 

29071). 

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 

believe the Indiana SIP meets the 

requirements of section 110(a)(2) for 

purposes of redesignation. 

Section 172(c)(9) requires the SIP to 

provide for the implementation of 

contingency measures if the area fails to 

make reasonably further progress or to 

attain the NAAQS by the attainment 

deadline. As noted previously, EPA 

approved Indiana’s contingency 

measures for purposes of RFP on 

February 13, 2019 (84 FR 3711). With 

respect to contingency measures for 

failure to attain the NAAQS by the 

attainment deadline, this requirement is 

not relevant for purposes of 

redesignation because the Chicago area 

has demonstrated monitored attainment 

of the 2008 ozone NAAQS. (General 

Preamble, 57 FR 13564). See also 40 

CFR 51.918. 

ii. Section 176 Conformity 

Requirements 

Section 176(c) of the CAA requires 

that federally supported or funded 

projects conform to the applicable SIP. 

The requirement to determine 

conformity applies to transportation 

plans, programs and projects that are 

developed, funded or approved under 

title 23 of the United States Code 

(U.S.C.) and the Federal Transit Act 

(transportation conformity), as well as to 

all other federally supported or funded 

projects (general conformity). State 

transportation conformity SIP revisions 

must be consistent with Federal 

conformity regulations relating to 

consultation, enforcement and 

enforceability that EPA promulgated 

pursuant to its authority under the CAA. 

EPA interprets the conformity SIP 

requirements 4 as not applying for 

purposes of evaluating a redesignation 

request under section 107(d), because 

state conformity rules are still required 

after redesignation and Federal 

conformity rules apply where state 

conformity rules have not been 

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

426 (6th Cir. 2001) (upholding this 

interpretation); see also 60 FR 62748 

(December 7, 1995) (redesignation of 

Tampa, Florida). Nonetheless, Indiana 

has an approved conformity SIP for the 

Indiana portion of the Chicago area. See 

84 FR 3711 (February 13, 2019). Indiana 

has submitted 2030 and 2035 VOC and 

NOX motor vehicle emissions budgets 

(or budgets) for the Indiana portion of 

the Chicago area. The metropolitan 

planning organization that covers the 

Indiana portion of this area must use 

these budgets in any conformity 

determination that is effective on or 

after the effective date of the 

maintenance plan approval. 

iii. Subpart 2 Section 182(a), (b), and (c) 

Requirements 

Section 182(a)(1) requires states to 

submit a comprehensive, accurate, and 

current inventory of actual emissions 

from sources of VOC and NOX emitted 

within the boundaries of the ozone 

nonattainment area. EPA approved 

Indiana’s base year emissions inventory 

for the Indiana portion of the Chicago 

area on April 7, 2017, and (82 FR 16934) 

February 13, 2019, (84 FR 3711). 

Under section 182(a)(2)(A), states 

with ozone nonattainment areas that 

were designated prior to the enactment 

of the 1990 CAA amendments were 

required to submit, within six months of 

classification, all rules and corrections 

to existing VOC RACT rules that were 

required under section 172(b)(3) prior to 

the 1990 CAA amendments. The 

Indiana portion of the Chicago area is 

not subject to the section 182(a)(2) 

RACT ‘‘fix up’’ requirement for the 2008 

ozone NAAQS because it was 

designated as nonattainment for this 

standard after the enactment of the 1990 

CAA amendments and because Indiana 

complied with this requirement for the 

Indiana portion of the Chicago area 

under the prior 1-hour ozone NAAQS. 

See 57 FR 8082 (March 6, 1992). 

Section 182(a)(2)(B) requires each 

state, with a Marginal ozone 


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nonattainment area that implemented or 

was required to implement a vehicle I/ 

M program prior to the 1990 CAA 

amendments, to submit a SIP revision 

for an I/M program no less stringent 

than that required prior to the 1990 

CAA Amendments or already in the SIP 

at the time of the CAA Amendments, 

whichever is more stringent. For the 

purposes of the 2008 ozone standard 

and the consideration of Indiana’s 

redesignation request for this standard, 

the Indiana portion of the Chicago area 

is not subject to the section 182(a)(2)(B) 

requirement, because the area was 

designated as nonattainment for the 

2008 ozone standard after the enactment 

of the 1990 CAA Amendments and 

because Indiana complied with this 

requirement for the Indiana portion of 

the Chicago area under the prior 1-hour 

ozone NAAQS. 

Section 182(a)(3)(B) requires the 

submission of an emission statement 

SIP. EPA approved Indiana’s emission 

statement SIP for the Indiana portion of 

the Chicago area for the 2008 ozone 

NAAQS on April 7, 2017 (82 FR 16934) 

and on February 13, 2019 (84 FR 3711). 

Section 182(b)(1) requires the 

submission of an attainment 

demonstration and RFP plan. EPA 

approved Indiana’s attainment 

demonstration, RFP plan, and RFP 

contingency measures for the Indiana 

portion of the Chicago 2008 ozone 

NAAQS Moderate nonattainment area 

on February 13, 2019 (84 FR 3711). 

Because attainment has been reached, 

section 182(b)(1) requirements are no 

longer considered to be applicable, as 

long as the area continues to attain the 

standard. If EPA finalizes approval of 

the redesignation of the area, EPA will 

take no further action on the attainment 

demonstration submitted by Indiana. 

Section 182(b)(2) requires states with 

Moderate nonattainment areas to 

implement VOC RACT with respect to 

each of the following: (1) All sources 

covered by a Control Technology 

Guideline (CTG) document issued 

between November 15, 1990, and the 

date of attainment; (2) all sources 

covered by a CTG issued prior to 

November 15, 1990; and, (3) all other 

major non-CTG stationary sources. If no 

major non-CTG sources of VOC 

emissions or no sources in a CTG 

category exist in an applicable 

nonattainment area, a state may submit 

a negative declaration for that category. 

Indiana has adopted and submitted VOC 

RACT rules and negative source 

declarations to cover all applicable 

CTGs, and major non-CTG sources. EPA 

approved Indiana’s Negative Declaration 

for the Oil and Gas CTG for the Indiana 

portion of the Chicago area for the 2008 

ozone NAAQS on December 13, 2019 

(84 FR 68050). EPA approved Indiana’s 

VOC RACT program for the Indiana 

portion of the Chicago area for the 2008 

ozone NAAQS on February 13, 2019 (84 

FR 3711). 

Indiana submitted VOC RACT SIP 

revisions for the Indiana portion of the 

Chicago area under the serious 

classification on December 29, 2020, 

and on September 17, 2021. For the 

reasons discussed in section VII., below, 

EPA is proposing to approve the SIP 

revisions submitted by Indiana as 

meeting the section 182(b)(2) RACT 

requirements for the Indiana portion of 

the Chicago area under the 2008 ozone 

NAAQS. 

Section 182(b)(3) requires states to 

adopt Stage II gasoline vapor recovery 

regulations. On May 16, 2012 (77 FR 

28772), EPA determined that the use of 

onboard vapor recovery technology for 

capturing gasoline vapor when gasolinepowered vehicles are refueled is in 

widespread use throughout the highway 

motor vehicle fleet and waived the 

requirement that current and former 

ozone nonattainment areas implement 

Stage II vapor recovery systems on 

gasoline pumps. 

Section 182(b)(4) requires a Basic 

motor vehicle inspection and 

maintenance (I/M) program for each 

state with a Moderate ozone 

nonattainment area. EPA approved 

Indiana’s Basic I/M program 

certification for the Indiana portion of 

the Chicago area for the Moderate 

classification of the 2008 ozone NAAQS 

on February 13, 2019 (84 FR 3711). 

Regarding the source permitting and 

offset requirements of sections 

182(a)(2)(C), 182(a)(4), and 182(b)(5), 

Indiana currently has a fully-approved 

part D NSR program in place. EPA 

approved Indiana’s NSR SIP on 

February 13, 2019 (84 FR 3711). EPA 

approved Indiana’s PSD program on 

May 20, 2004 (69 FR 29071). The state’s 

PSD program will become effective in 

the Indiana portion of the Chicago area 

upon redesignation of the area to 

attainment. 

Section 182(f) establishes NOX

requirements for ozone nonattainment 

areas. However, it provides that these 

requirements do not apply to an area if 

the Administrator determines that NOX

reductions would not contribute to 

attainment. As discussed in section VI. 

below, we are proposing such a 

determination for the Indiana portion of 

the Chicago area as requested by 

Indiana. If EPA grants Indiana’s NOX

waiver request, Indiana need not have 

fully approved NOX control measures 

under section 182(f) for the Indiana 

portion of the Chicago area to be 

redesignated to attainment. 

Section 182(c)(1) of the CAA requires 

states with nonattainment areas 

classified Serious or higher to adopt and 

implement a program to improve air 

monitoring for ambient concentrations 

of ozone, NOX and VOC. EPA initiated 

the Photochemical Assessment 

Monitoring Stations (PAMS) program in 

February 1993. The PAMS program 

required the establishment of an 

enhanced monitoring network in all 

ozone nonattainment areas classified as 

Serious, Severe, or Extreme. On March 

16, 1994 (59 FR 12168), EPA approved 

Indiana’s SIP submission establishing 

an EMP in the Indiana portion of the 

Chicago area as required by Section 

182(c)(1) of the CAA. 

In section IX. below, EPA is proposing 

to approve Indiana’s certification that its 

current EMP meets the Serious 

requirements for the Indiana portion of 

the Chicago area for the 2008 ozone 

NAAQS. EPA will not finalize this 

redesignation until we’ve approved the 

EMP program. 

CAA section 182(c)(3) requires states 

with ozone nonattainment areas 

classified as Serious or higher to adopt 

and implement an Enhanced I/M 

program. Indiana submitted Enhanced 

I/M revisions on December 29, 2020, 

and January 18, 2022. For the reasons 

discussed in section X., below, EPA is 

proposing to approve the Indiana I/M 

certification as meeting the section 

182(c)(3) Serious Enhanced I/M 

requirements for the Indiana portion of 

the Chicago area under the 2008 ozone 

NAAQS. EPA will not finalize this 

redesignation until it has approved the 

I/M program certification. 

CAA section 182(c)(4) requires states 

with ozone nonattainment areas 

classified as Serious or higher to submit 

a SIP revision describing 

implementation of CFVP, as described 

in CAA title II part C (40 CFR 88). EPA 

approved Indiana’s CFVP on March 21, 

1996 (61 FR 11552). On July 29, 2021 

(86 FR 34308), EPA published a final 

rule in which EPA determined that 

vehicles and engines certified to current 

emission standards under 40 CFR part 

86 or 1036 are deemed to also meet the 

Clean Fuel Fleet standards as Ultra LowEmission Vehicles. 

In section VIII. below, EPA is 

proposing to approve Indiana’s 

certification that its current CFVP meets 

the serious CFVP requirements for the 

Indiana portion of the Chicago area for 

the 2008 ozone NAAQS. EPA will not 

finalize this redesignation until we’ve 

approved the CFVP program. 

The remaining section 182(c) 

requirements for areas classified as 


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serious include: An attainment 

demonstration, RFP, and RFP 

contingency measures. These elements 

are not needed to redesignate the 

Indiana portion of the Chicago area 

because the area has attained the 2008 

ozone NAAQS. This rationale is 

outlined in 40 CFR 51.918, the general 

preamble, and the Calcagni 

memorandum at 6 (‘‘The requirements 

for reasonable further progress and other 

measures needed for attainment will not 

apply for redesignations because they 

only have meaning for areas not 

attaining the standard.’’) EPA believes 

that it is reasonable to interpret these 

provisions so as not to require areas that 

are meeting the ozone standard to make 

the SIP submissions to EPA described in 

the provisions as long as the areas 

continue to meet the standard. If such 

an area were to monitor a violation of 

the standard prior to being redesignated 

to attainment, however, the area would 

have to address the pertinent 

requirements and submit the SIP 

revisions described in those provisions 

to EPA. 

Thus, as discussed above, with 

approval of Indiana’s 182(f) NOX

exemption, Enhanced I/M certification, 

VOC RACT, CFVP certification, and 

EMP requirements of the CAA, EPA 

finds that the Indiana portion of the 

Chicago area will satisfy all applicable 

requirements for purposes of 

redesignation under section 110 and 

part D of title I of the CAA. 

2. The Indiana Portion of the Chicago 

Area Has a Fully Approved SIP for 

Purposes of Redesignation Under 

Section 110(k) of the CAA. 

At various times, Indiana has adopted 

and submitted, and EPA has approved, 

provisions addressing the various SIP 

elements applicable for the ozone 

NAAQS. As discussed above, if EPA 

finalizes approval of Indiana’s section 

182(f) NOX exemption, Enhanced I/M, 

VOC RACT, CFVP, and EMP 

submissions as meeting the Serious 

requirements of the CAA, EPA will have 

fully approved the Indiana SIP for the 

Indiana portion of the Chicago area 

under section 110(k) for all 

requirements applicable for purposes of 

redesignation under the 2008 ozone 

NAAQS. EPA may rely on prior SIP 

approvals in approving a redesignation 

request (see the Calcagni memorandum 

at page 3; Southwestern Pennsylvania 

Growth Alliance v. Browner, 144 F.3d 

984, 989–990 (6th Cir. 1998); Wall v. 

EPA, 265 F.3d 426), plus any additional 

measures it may approve in conjunction 

with a redesignation action (see 68 FR 

25426 (May 12, 2003) and citations 

therein). 

C. Are the air quality improvements in 

the Chicago area due to permanent and 

enforceable emission reductions? 

To redesignate an area from 

nonattainment to attainment, section 

107(d)(3)(E)(iii) of the CAA requires 

EPA to determine that the air quality 

improvement in the area is due to 

permanent and enforceable reductions 

in emissions resulting from the 

implementation of the SIP and 

applicable Federal air pollution control 

regulations and other permanent and 

enforceable emission reductions. EPA 

has determined that Indiana has 

demonstrated that the observed ozone 

air quality improvement in the Chicago 

area is due to permanent and 

enforceable reductions in VOC and NOX

emissions resulting from state measures 

adopted into the SIP and Federal 

measures. 

In making this demonstration, the 

State has calculated the change in 

emissions between 2011 and 2019. The 

reduction in emissions and the 

corresponding improvement in air 

quality over this time period can be 

attributed to several regulatory control 

measures that the Chicago area and 

other portions of the area have 

implemented in recent years. In 

addition, Indiana provided an analysis 

to demonstrate the improvement in air 

quality was not due to unusually 

favorable meteorology. Based on the 

information summarized below, EPA 

finds that Indiana has adequately 

demonstrated that the improvement in 

air quality is due to permanent and 

enforceable emissions reductions. 

1. Permanent and Enforceable Emission 

Controls Implemented 

a. Regional NOX Controls 

CAIR/CSAPR. Under the ‘‘good 

neighbor provision’’ of CAA section 

110(a)(2)(D)(i)(I), states are required to 

address interstate transport of air 

pollution. Specifically, the good 

neighbor provision provides that each 

state’s SIP must contain provisions 

prohibiting emissions from within that 

state which will contribute significantly 

to nonattainment of the NAAQS, or 

interfere with maintenance of the 

NAAQS, in any other state. 

On May 12, 2005, EPA published 

CAIR, which required eastern states, 

including Indiana, to prohibit emissions 

consistent with annual and ozone 

season NOX budgets and annual sulfur 

dioxide (SO2) budgets (70 FR 25152). 

CAIR addressed the good neighbor 

provision for the 1997 ozone NAAQS 

and 1997 fine particulate matter (PM2.5) 

NAAQS and was designed to mitigate 

the impact of transported NOX

emissions, a precursor of both ozone 

and PM2.5, as well as transported SO2

emissions, another precursor of PM2.5. 

The United States Court of Appeals for 

the District of Columbia Circuit (D.C. 

Circuit) remanded CAIR to EPA for 

replacement in 2008. North Carolina v. 

EPA, 531 F.3d 896, modified, 550 F.3d 

1176 (2008). While EPA worked on 

developing a replacement rule, 

implementation of the CAIR program 

continued as planned with the NOX

annual and ozone season programs 

beginning in 2009 and the SO2 annual 

program beginning in 2010. 

On August 8, 2011 (76 FR 48208), 

acting on the D.C. Circuit’s remand, EPA 

published CSAPR to replace CAIR and 

to address the good neighbor provision 

for the 1997 ozone NAAQS, the 1997 

PM2.5 NAAQS, and the 2006 PM2.5

NAAQS. Through Federal 

Implementation Plans, CSAPR required 

electric generating units (EGUs) in 

eastern states, including Indiana, to 

meet annual and ozone season NOX

budgets and annual SO2 budgets 

implemented through new trading 

programs. After delays caused by 

litigation, EPA started implementing the 

CSAPR trading programs in 2015, 

simultaneously discontinuing 

administration of the CAIR trading 

programs. On October 26, 2016, EPA 

published the CSAPR Update, which 

established, starting in 2017, a new 

ozone season NOX trading program for 

EGUs in eastern states, including 

Indiana, to address the good neighbor 

provision for the 2008 ozone NAAQS 

(81 FR 74504). The CSAPR Update is 

estimated to result in a 20 percent 

reduction in ozone season NOX

emissions from EGUs in the eastern 

United States, a reduction of 80,000 tons 

in 2017 compared to 2015 levels. The 

reduction in NOX emissions from the 

implementation of CAIR and then 

CSAPR occurred by the attainment years 

and additional emission reductions will 

occur throughout the maintenance 

period. 

b. Federal Emission Control Measures 

Reductions in VOC and NOX

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 3 Emission Standards for 

Vehicles and Gasoline Sulfur Standards. 

On April 28, 2014 (79 FR 23414), EPA 

promulgated Tier 3 motor vehicle 

emission and fuel standards to reduce 

both tailpipe and evaporative emissions 

and to further reduce the sulfur content 

in fuels. The rule is being phased in 


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5https://www.epa.gov/air-emissions-modeling/ 

2016v1-platform. 

between 2017 and 2025. Tier 3 sets new 

tailpipe standards for the sum of VOC 

and NOX and for particulate matter. The 

VOC and NOX tailpipe standards for 

light-duty vehicles represent 

approximately an 80 percent reduction 

from today’s fleet average and a 70 

percent reduction in per-vehicle 

particulate matter (PM) standards. 

Heavy-duty tailpipe standards represent 

about a 60 percent reduction in both 

fleet average VOC and NOX and pervehicle PM standards. The evaporative 

emissions requirements in the rule will 

result in approximately a 50 percent 

reduction from current standards and 

apply to all light-duty and on-road 

gasoline-powered heavy-duty vehicles. 

Finally, the rule lowered the sulfur 

content of gasoline to an annual average 

of 10 ppm by January 2017. As projected 

by these estimates and demonstrated in 

the on-road emission modeling for the 

Indiana portion of the Chicago area, 

some of these emission reductions 

occurred by the attainment years and 

additional emission reductions will 

occur throughout the maintenance 

period, as older vehicles are replaced 

with newer, compliant model years. 

Heavy-Duty Diesel Engine Rules. In 

July 2000, EPA issued a rule for on-road 

heavy-duty diesel engines that includes 

standards limiting the sulfur content of 

diesel fuel. Emissions standards for 

NOX, VOC and PM were phased in 

between model years 2007 and 2010. In 

addition, the rule reduced the highway 

diesel fuel sulfur content to 15 parts per 

million by 2007, leading to additional 

reductions in combustion NOX and VOC 

emissions. EPA has estimated future 

year emission reductions due to 

implementation of this rule. Nationally, 

EPA estimated that by 2015 NOX and 

VOC emissions would decrease by 

1,260,000 tons and 54,000 tons, 

respectively. Nationally, EPA estimated 

that by 2030 NOX and VOC emissions 

will decrease by 2,570,000 tons and 

115,000 tons, respectively. As projected 

by these estimates and demonstrated in 

the on-road emission modeling for the 

Indiana portion of the Chicago area, 

some of these emission reductions 

occurred by the attainment years and 

additional emission reductions will 

occur throughout the maintenance 

period, as older vehicles are replaced 

with newer, compliant model years. 

Non-road Diesel Rule. On June 29, 

2004 (69 FR 38958), EPA issued a rule 

adopting emissions standards for nonroad diesel engines and sulfur 

reductions in non-road diesel fuel. This 

rule applies to diesel engines used 

primarily in construction, agricultural, 

and industrial applications. Emission 

standards were phased in for the 2008 

through 2015 model years based on 

engine size. The SO2 limits for non-road 

diesel fuels were phased in from 2007 

through 2012. EPA estimates that when 

fully implemented, compliance with 

this rule will cut NOX emissions from 

these non-road diesel engines by 

approximately 90 percent. As projected 

by these estimates and demonstrated in 

the non-road emission modeling for the 

Indiana portion of the Chicago area, 

some of these emission reductions 

occurred by the attainment years and 

additional emission reductions will 

occur throughout the maintenance 

period. 

Non-road Spark-Ignition Engines and 

Recreational Engine Standards. On 

November 8, 2002 (67 FR 68242), EPA 

adopted emission standards for large 

spark-ignition engines such as those 

used in forklifts and airport groundservice equipment; recreational vehicles 

such as off-highway motorcycles, allterrain vehicles, and snowmobiles; and 

recreational marine diesel engines. 

These emission standards were phased 

in from model year 2004 through 2012. 

When fully implemented, EPA estimates 

an overall 72 percent reduction in VOC 

emissions from these engines and an 80 

percent reduction in NOX emissions. As 

projected by these estimates and 

demonstrated in the non-road emission 

modeling for the Indiana portion of the 

Chicago area, some of these emission 

reductions occurred by the attainment 

years and additional emission 

reductions will occur throughout the 

maintenance period. 

Category 3 Marine Diesel Engine 

Standards. On April 30, 2010 (75 FR 

22896), EPA issued emission standards 

for marine compression-ignition engines 

at or above 30 liters per cylinder. Tier 

2 emission standards apply beginning in 

2011, are expected to result in a 15 to 

25 percent reduction in NOX emissions 

from these engines. Final Tier 3 

emission standards apply beginning in 

2016 and are expected to result in 

approximately an 80 percent reduction 

in NOX from these engines. As projected 

by these estimates and demonstrated in 

the non-road emission modeling for the 

Indiana portion of the Chicago area, 

some of these emission reductions 

occurred by the attainment years and 

additional emission reductions will 

occur throughout the maintenance 

period. 

2. Emission Reductions 

Indiana is using a 2011 emissions 

inventory as the nonattainment year. 

This is appropriate because it was one 

of the years used to designate the 

Chicago area as nonattainment. Indiana 

is using 2019 as the attainment year, 

which is appropriate because it is one 

of the years in the 2019–2021 period 

used to demonstrate attainment. 

Area and non-road mobile emissions 

were collected from data available on 

EPA’s Air Emissions Modeling website.5

For the 2019 attainment year, area and 

non-road source emissions inventory 

estimates were based on the data 

interpolation between 2016 base year 

and the 2023 projection year of EPA’s 

2016 version 1 Emission Modeling 

Platform. 

IDEM compiled 2011 and 2019 actual 

point source and EGU-point source 

emissions from state inventory 

databases. 

On-road mobile source emissions 

were developed in conjunction with the 

Northwestern Indiana Regional 

Planning Commission (NIRPC), the 

Metropolitan Planning Organization for 

the area that includes Lake, Porter, and 

LaPorte Counties. NIRPC maintains a 

travel demand forecast model that is 

used to identify where travel capacity 

will be needed and to determine the 

infrastructure requirements necessary to 

meet that need. The travel demand 

forecast model predicts the total daily 

vehicle miles traveled. 

Indiana used the Motor Vehicle 

Emission Simulator (MOVES), EPA’s 

recommended mobile source model, to 

develop on-road emissions rates. The 

modeling inputs to MOVES, which 

include detailed transportation data 

(e.g., vehicle-miles of travel by vehicle 

class, road class and hour of day, and 

average speed distributions), were 

provided by NIRPC. 

On-road mobile source emissions 

were calculated from emissions factors 

produced by EPA’s MOVES model and 

data extracted from the region’s traveldemand forecast model. The inputs 

assume the continued phase-in of the 

Tier 3 standards beginning in 2017, 

continued operation of Indiana’s vehicle 

I/M program, and reformulated gasoline 

program. 

The annual emissions provided by 

this inventory are then used to calculate 

average summer day emissions using 

EPA guidance on how the model 

estimates daily emissions. The monthly 

profile percentages for June, July, and 

August were added together and then 

divided by the number of days in the 

season (92). 

Emissions for Illinois and Wisconsin 

were based on inventories developed by 

those states in 2016 for an earlier round 

of redesignation requests. For the 

current document, 2011 and 2030 

emissions are directly taken from these 


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earlier inventories, whereas 2019 

emissions were determined by 

interpolation from these inventories. 

2035 emissions were determined by a 

projection from these inventories. 

Using the inventories described 

above, Indiana’s submittal documents 

changes in VOC and NOX emissions 

from 2011 to 2019 for the Indiana 

portion of the Chicago area. Emissions 

data are shown in Tables 2 and 3. 

TABLE 2—EMISSIONS REDUCTION OF NOX EMISSIONS FOR THE ILLINOIS, INDIANA AND WISCONSIN PORTIONS OF THE

CHICAGO NONATTAINMENT AREA 2011–2019 

[Tons/day] 

Sector 

2011 

nonattainment 

year 

2019 

attainment 

year 

Emissions 

reduction 

Illinois 

EGU Point .................................................................................................................................... 67.41 35.23 32.18 

Non-EGU ..................................................................................................................................... 52.58 47.55 5.03 

Area ............................................................................................................................................. 32.03 34.63 ¥2.6 

On-Road ...................................................................................................................................... 285.34 134.38 150.96 

Non-road ...................................................................................................................................... 176.60 121.63 54.97 

Total ...................................................................................................................................... 613.96 373.42 240.54 

Indiana 

EGU Point .................................................................................................................................... 24.04 4.29 19.75 

Non-EGU ..................................................................................................................................... 70.77 59.91 10.86 

Area ............................................................................................................................................. 9.39 0.91 8.48 

On-road ........................................................................................................................................ 24.70 14.91 9.79 

Non-road ...................................................................................................................................... 15.84 13.43 2.41 

Total ...................................................................................................................................... 144.74 93.45 51.29 

Wisconsin 

EGU Point .................................................................................................................................... 8.71 0.00 8.71 

Non-EGU ..................................................................................................................................... 0.09 0.08 0.01 

Area ............................................................................................................................................. 1.20 1.13 0.07 

On-Road ...................................................................................................................................... 4.82 1.81 3.01 

Non-road ...................................................................................................................................... 2.25 1.64 0.61 

Total ...................................................................................................................................... 17.07 4.66 12.41 

Chicago-Naperville, IL-IN-WI 2008 ozone area 

Illinois ........................................................................................................................................... 613.96 373.42 240.54 

Indiana ......................................................................................................................................... 144.74 93.45 51.29 

Wisconsin ..................................................................................................................................... 17.07 4.66 12.41 

Total ...................................................................................................................................... 775.77 471.53 304.24 

TABLE 3—EMISSIONS REDUCTION OF VOC EMISSIONS FOR THE ILLINOIS, INDIANA AND WISCONSIN PORTIONS OF THE

CHICAGO NONATTAINMENT AREA 2011–2019 

[Tons/day] 

Sector 2011 2019 Emissions 

reduction 

Illinois 

EGU Point .................................................................................................................................... 0.62 0.97 -0.35 

Non-EGU ..................................................................................................................................... 47.63 45.35 2.28 

Area ............................................................................................................................................. 215.14 232.00 -16.86 

On-Road ...................................................................................................................................... 72.43 66.45 5.98 

Non-road ...................................................................................................................................... 101.83 67.67 34.16 

Total ...................................................................................................................................... 437.65 412.44 25.21 

Indiana 

EGU Point .................................................................................................................................... 0.54 0.47 0.07 

Non-EGU ..................................................................................................................................... 17.22 10.83 6.39 

Area ............................................................................................................................................. 18.26 17.00 1.26 

On-road ........................................................................................................................................ 9.58 6.80 2.78 


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TABLE 3—EMISSIONS REDUCTION OF VOC EMISSIONS FOR THE ILLINOIS, INDIANA AND WISCONSIN PORTIONS OF THE

CHICAGO NONATTAINMENT AREA 2011–2019—Continued 

[Tons/day] 

Sector 2011 2019 Emissions 

reduction 

Non-road ...................................................................................................................................... 21.43 5.53 15.90 

Total ...................................................................................................................................... 67.03 40.63 26.40 

Wisconsin 

EGU Point .................................................................................................................................... 0.38 0.00 0.38 

Non-EGU ..................................................................................................................................... 0.24 0.19 0.05 

Area ............................................................................................................................................. 4.10 3.58 0.52 

On-Road ...................................................................................................................................... 1.90 0.89 1.01 

Non-road ...................................................................................................................................... 1.14 0.70 0.44 

Total ...................................................................................................................................... 7.76 5.36 2.40 

Chicago-Naperville, IL-IN-WI 2008 ozone area 

Illinois ........................................................................................................................................... 437.65 412.44 25.21 

Indiana ......................................................................................................................................... 67.03 40.63 26.40 

Wisconsin ..................................................................................................................................... 7.76 5.36 2.40 

Total ...................................................................................................................................... 512.44 458.43 54.01 

As shown in Tables 2 and 3, NOX and 

VOC emissions in the Indiana portion of 

the Chicago area declined by 51.29 tons/ 

day and 26.40 tons/day, respectively, 

between 2011 and 2019. NOX and VOC 

emissions throughout the entire Chicago 

area declined by 304.24 tons/day and 

54.01 tons/day, respectively, between 

2011 and 2019. 

3. Meteorology 

To further support IDEM’s 

demonstration that the improvement in 

air quality between the year violations 

occurred and the year attainment was 

achieved is due to permanent and 

enforceable emission reductions and not 

unusually favorable meteorology, an 

analysis was performed by the Lake 

Michigan Air Directors Consortium 

(LADCO). A classification and 

regression tree (CART) analysis was 

conducted with 2005 through 2020 data 

from Chicago-area ozone monitors. The 

goal of the analysis was to determine the 

meteorological and air quality 

conditions associated with ozone 

episodes, and construct trends for the 

days identified as sharing similar 

meteorological conditions. 

Regression trees were developed for 

the monitors to classify each summer 

day by its ozone concentration and 

associated meteorological conditions. 

By grouping days with similar 

meteorology, the influence of 

meteorological variability on the 

underlying trend in ozone 

concentrations is partially removed and 

the remaining trend is presumed to be 

due to trends in precursor emissions or 

other non-meteorological influences. 

The CART analysis showed that, 

reducing the impact of meteorology, the 

resulting trends in ozone concentrations 

declined over the period examined, 

supported the conclusion that the 

improvement in air quality was not due 

to unusually favorable meteorology. 

D. Does Indiana have a fully approvable 

ozone maintenance plan for the Indiana 

portion of the Chicago area? 

As one of the criteria for redesignation 

to attainment, section 107(d)(3)(E)(iv) of 

the CAA requires EPA to determine that 

the area has a fully approved 

maintenance plan pursuant to section 

175A of the CAA. Section 175A of the 

CAA sets forth the elements of a 

maintenance plan for areas seeking 

redesignation from nonattainment to 

attainment. Under section 175A, the 

maintenance plan must demonstrate 

continued attainment of the NAAQS for 

at least 10 years after the Administrator 

approves a redesignation to attainment. 

Eight years after the redesignation, the 

state must submit a revised maintenance 

plan which demonstrates that 

attainment of the NAAQS will continue 

for an additional 10 years beyond the 

initial 10-year maintenance period. To 

address the possibility of future NAAQS 

violations, the maintenance plan must 

contain contingency measures, as EPA 

deems necessary, to ensure prompt 

correction of the future NAAQS 

violation. 

The Calcagni Memorandum provides 

further guidance on the content of a 

maintenance plan, explaining that a 

maintenance plan should address five 

elements: (1) An attainment emission 

inventory; (2) a maintenance 

demonstration; (3) a commitment for 

continued air quality monitoring; (4) a 

process for verification of continued 

attainment; and (5) a contingency plan. 

In conjunction with its request to 

redesignate the Indiana portion of the 

Chicago area to attainment for the 2008 

ozone NAAQS, IDEM submitted a SIP 

revision to provide for maintenance of 

the 2008 ozone NAAQS through 2035, 

more than 10 years after the expected 

effective date of the redesignation to 

attainment. As discussed below, EPA 

proposes to find that Indiana’s ozone 

maintenance plan includes the 

necessary components and to approve 

the maintenance plan as a revision of 

the Indiana SIP. 

1. Attainment Inventory 

EPA is proposing to determine that 

the Indiana portion of the Chicago area 

has attained the 2008 ozone NAAQS 

based on monitoring data for the period 

of 2019–2021. IDEM selected 2019 as 

the attainment emissions inventory year 

to establish attainment emission levels 

for VOC and NOX. The attainment 

emissions inventory identifies the levels 

of emissions in the Indiana portion of 

the Chicago area that are sufficient to 

attain the 2008 ozone NAAQS. The 

derivation of the attainment year 

emissions is discussed above in section 

IV.C.2. of this proposed rule. The 

attainment level emissions, by source 

category, are summarized in Tables 2 

and 3 above. 


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2. Has the state documented 

maintenance of the ozone standard in 

the Indiana portion of the Chicago area? 

Indiana has demonstrated 

maintenance of the 2008 ozone NAAQS 

through 2035 by ensuring that current 

and future emissions of VOC and NOX

for the Indiana portion of the Chicago 

area remain at or below attainment year 

emission levels. A maintenance 

demonstration need not be based on 

modeling. 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 inventories 

for the years 2030 and 2035 to 

demonstrate maintenance. 2035 is more 

than 10 years after the expected 

effective date of the redesignation to 

attainment and 2030 was selected to 

demonstrate that emissions are not 

expected to spike in the interim 

between the attainment year and the 

final maintenance year. The emissions 

inventories were developed as described 

below. 

Area and non-road mobile emissions 

were collected from data available on 

EPA’s Air Emissions Modeling website. 

Using Emissions Modeling platform 

2016v1, IDEM collected data for the 

2023, 2028, and 2032 projected 

inventories. 

Indiana’s 2030 emissions for point, 

area, and non-road source sectors were 

estimated primarily by interpolating 

between EPA’s projected modeling 

inventories for 2023, 2028, and 2032. 

2035 emissions for point, area, and nonroad source sectors were derived by 

utilizing the FORECAST.LINEAR 

function in Excel with inventory data 

points from 2016, 2023, 2028, and 2032. 

If the FORECAST.LINEAR function 

resulted in a negative value, the 

emissions were assumed not to change. 

EGU-point emissions for 2030 were 

estimated from the Eastern Regional 

Technical Advisory Committee (ERTAC) 

model. Summer day inventories were 

derived for these sectors using the 

methodology described in section 

IV.V.2. above. 

On-road mobile source emissions 

were developed through the combined 

effort of IDEM and the NIRPC and were 

calculated from emission factors 

produced by EPA’s MOVES model and 

data extracted from the region’s traveldemand model. The on-road 2030 and 

2035 emission estimates are based on 

the actual travel demand model network 

runs generating estimated emissions to 

exist for those years under the 

Northwest Indiana 2050 Transportation 

Plan. 

Projected emissions data are shown in 

Tables 4 through 5 below. 

TABLE 4—PROJECTED EMISSIONS OF NOX EMISSIONS FOR THE ILLINOIS, INDIANA, AND WISCONSIN PORTIONS OF THE

CHICAGO NONATTAINMENT AREA 2030 AND 2035 

[Tons/day] 

Sector 

2019 

attainment 

year 

2030 

interim year 

2035 

maintenance 

year 

Emissions 

reduction 

2019–2035 

Illinois 

EGU Point ........................................................................................................ 35.23 43.59 40.97 ¥5.74 

Non-EGU ......................................................................................................... 47.55 48.56 49.28 ¥1.73 

Area ................................................................................................................. 34.63 34.97 35.04 ¥0.41 

On-Road .......................................................................................................... 134.38 55.94 48.81 85.57 

Non-road .......................................................................................................... 121.63 106.80 108.27 13.36 

Total .......................................................................................................... 373.42 289.86 282.37 91.05 

Indiana 

EGU Point ........................................................................................................ 4.29 1.44 0.42 3.87 

Non-EGU ......................................................................................................... 59.91 60.79 61.51 ¥1.60 

Area ................................................................................................................. 0.91 0.88 0.87 0.04 

On-road ............................................................................................................ 14.91 6.62 5.51 9.40 

Non-road .......................................................................................................... 13.43 10.25 8.49 4.94 

Total .......................................................................................................... 93.45 79.98 76.80 16.65 

Wisconsin 

EGU Point ........................................................................................................ 0.00 0.00 0.00 0.00 

Non-EGU ......................................................................................................... 0.08 0.12 0.12 ¥0.04 

Area ................................................................................................................. 1.13 0.95 0.96 0.17 

On-Road .......................................................................................................... 1.81 0.85 0.75 1.06 

Non-road .......................................................................................................... 1.64 1.21 1.21 0.43 

Total .......................................................................................................... 4.66 3.13 3.04 1.62 

Chicago-Naperville, IL-IN-WI 2008 ozone area 

Illinois ............................................................................................................... 373.42 289.86 282.37 91.05 

Indiana ............................................................................................................. 93.45 79.98 76.80 16.65 

Wisconsin ......................................................................................................... 4.66 3.13 3.04 1.62 

Total .......................................................................................................... 471.53 372.97 362.21 109.32 


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TABLE 5—PROJECTED EMISSIONS OF VOC EMISSIONS FOR THE ILLINOIS, INDIANA, AND WISCONSIN PORTIONS OF THE

CHICAGO NONATTAINMENT AREA 2030 AND 2035 

[Tons/day] 

Sector 

2019 

attainment 

year 

2030 

interim year 

2035 

maintenance 

year 

Emissions 

reduction 

2019–2035 

Illinois 

EGU Point ........................................................................................................ 0.97 2.52 2.80 ¥1.83 

Non-EGU ......................................................................................................... 45.35 44.71 44.54 0.81 

Area ................................................................................................................. 232.00 225.11 225.11 6.89 

On-Road .......................................................................................................... 66.45 37.42 34.27 32.18 

Non-road .......................................................................................................... 67.67 66.41 67.37 0.30 

Total .......................................................................................................... 412.44 376.17 374.09 38.35 

Indiana 

EGU Point ........................................................................................................ 0.47 0.56 0.67 ¥0.20 

Non-EGU ......................................................................................................... 10.83 10.84 10.90 ¥0.07 

Area ................................................................................................................. 17.00 17.58 17.85 ¥0.85 

On-road ............................................................................................................ 6.80 3.77 2.93 3.87 

Non-road .......................................................................................................... 5.53 4.80 4.35 1.18 

Total .......................................................................................................... 40.63 37.55 36.70 3.93 

Wisconsin 

EGU Point ........................................................................................................ 0.00 0.00 0.00 0.00 

Non-EGU ......................................................................................................... 0.19 0.26 0.26 ¥0.07 

Area ................................................................................................................. 3.58 3.49 3.56 0.02 

On-Road .......................................................................................................... 0.89 0.54 0.47 0.42 

Non-road .......................................................................................................... 0.70 0.63 0.62 0.08 

Total .......................................................................................................... 5.36 4.92 4.91 0.45 

Chicago-Naperville, IL-IN-WI 2008 ozone area 

Illinois ............................................................................................................... 412.44 376.17 374.09 38.35 

Indiana ............................................................................................................. 40.63 37.55 36.70 3.93 

Wisconsin ......................................................................................................... 5.36 4.92 4.91 0.45 

Total .......................................................................................................... 458.43 418.64 415.70 42.73 

In summary, Indiana’s maintenance 

demonstration for the Indiana portion of 

the Chicago area shows maintenance of 

the 2008 ozone NAAQS by providing 

emissions information to support the 

demonstration that future emissions of 

NOX and VOC will remain at or below 

2019 emission levels when considering 

both future source growth and 

implementation of future controls. As 

shown in Tables 4 and 5, NOX and VOC 

emissions in the Indiana portion of the 

Chicago area are projected to decrease 

by 16.65 tons/day and 3.93 tons/day, 

respectively, between 2019 and 2035. 

NOX and VOC emissions in the entire 

Chicago area are projected to decrease 

by 109.32 tons/day and 42.73 tons/day, 

respectively, between 2019 and 2035. 

3. Continued Air Quality Monitoring 

Indiana has committed to continue to 

operate the ozone monitors listed in 

Table 1 above. Indiana has committed to 

consult with EPA prior to making 

changes to the existing monitoring 

network should changes become 

necessary in the future. Indiana remains 

obligated to meet monitoring 

requirements, to continue to quality 

assure monitoring data in accordance 

with 40 CFR part 58, and to enter all 

data into the Air Quality System (AQS) 

in accordance with Federal guidelines. 

4. Verification of Continued Attainment 

Indiana has confirmed that it has the 

legal authority to enforce and 

implement the requirements of the 

maintenance plan for the Indiana 

portion of the Chicago area. This 

includes the authority to adopt, 

implement, and enforce any subsequent 

emission control measures determined 

to be necessary to correct future ozone 

attainment problems. 

Verification of continued attainment 

is accomplished through operation of 

the ambient ozone monitoring network 

and the periodic update of the area’s 

emissions inventory. IDEM will 

continue to operate the current ozone 

monitors located in the Indiana portion 

of the Chicago area. There are no plans 

to discontinue operation, relocate, or 

otherwise change the existing ozone 

monitoring network other than through 

revisions in the network approved by 

EPA. 

In addition, to track future levels of 

emissions, Indiana will continue to 

develop and submit to EPA updated 

emission inventories for all source 

categories at least once every three 

years, consistent with the requirements 

of 40 CFR part 51, subpart A, and 40 

CFR 51.122. The Consolidated 

Emissions Reporting Rule (CERR) was 

promulgated by EPA on June 10, 2002 

(67 FR 39602). The CERR was replaced 

by the Annual Emissions Reporting 

Requirements on December 17, 2008 (73 

FR 76539). The most recent triennial 

inventory for Indiana was compiled for 

2014. Point source facilities covered by 

Indiana’s emission statement rule, 326 


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IAC 2–6–1, will continue to submit VOC 

and NOX emissions on an annual basis. 

5. What is the contingency plan for the 

Indiana portion of the Chicago area? 

Section 175A of the CAA requires that 

the state adopt a maintenance plan, as 

a SIP revision, that includes such 

contingency measures as EPA deems 

necessary to ensure that the state will 

promptly correct a violation of the 

NAAQS that occurs after redesignation 

of the area to attainment of the NAAQS. 

The maintenance plan must identify: 

The contingency measures to be 

considered and, if needed for 

maintenance, adopted and 

implemented; a schedule and procedure 

for adoption and implementation; 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 

considered, adopted, and implemented. 

The maintenance plan must include a 

commitment that the state will 

implement all measures with respect to 

the control of the pollutant that were 

contained in the SIP before 

redesignation of the area to attainment 

in accordance with section 175A(d) of 

the CAA. 

As required by section 175A of the 

CAA, Indiana has adopted a 

contingency plan for the Indiana portion 

of the Chicago area to address possible 

future ozone air quality violations. The 

contingency plan adopted by Indiana 

has two levels of response, a warning 

level response and an action level 

response. 

In Indiana’s plan, a warning level 

response will be triggered when an 

annual (1-year) fourth high monitored 

value of 0.079 ppm occurs in a single 

ozone season or when a two-year 

average fourth high monitored value of 

0.076 ppm or higher occurs within the 

maintenance area. A warning level 

response will consist of Indiana 

conducting a study to determine 

whether the ozone value indicates a 

trend toward higher ozone values or 

whether emissions appear to be 

increasing. The study will evaluate 

whether the trend, if any, is likely to 

continue and, if so, the control measures 

necessary to reverse the trend. The 

study will consider ease and timing of 

implementation as well as economic 

and social impacts. Implementation of 

necessary controls in response to a 

warning level response trigger will take 

place within 12 months from the 

conclusion of the most recent ozone 

season. 

In Indiana’s plan, an action level 

response is triggered when a three-year 

average fourth high value of 0.076 ppm 

or greater is monitored within the 

maintenance area. When an action level 

response is triggered, Indiana will 

determine what additional control 

measures are needed to ensure future 

attainment of the 2008 ozone NAAQS. 

Control measures selected will be 

adopted and implemented within 18 

months from the close of the ozone 

season that prompted the action level. 

IDEM may also consider if significant 

new regulations not currently included 

as part of the maintenance provisions 

will be implemented in a timely manner 

and would thus constitute an adequate 

contingency measure response. 

Indiana included the following list of 

potential contingency measures in its 

maintenance plan: 

1. Enhancements to the vehicle emissions 

testing (I/M) program (increased weight 

limit, addition of diesel vehicles, etc.) 

2. Asphalt paving (lower VOC formulation) 

3. Diesel exhaust retrofits 

4. Traffic flow improvements 

5. Idle reduction programs 

6. Portable fuel container regulation 

(statewide) 

7. Park and ride facilities 

8. Rideshare/carpool program 

9. VOC cap/trade program for major 

stationary sources 

10. NOX Reasonably Available Control 

Technology 

However, Indiana is not limited to the 

contingency measures listed above. To 

qualify as a contingency measure, 

emissions reductions from that measure 

must not be factored into the emissions 

projections used in the maintenance 

plan. Indiana notes that because it is not 

possible to determine what control 

measures will be appropriate in the 

future, the list is not comprehensive. 

EPA has concluded that Indiana’s 

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. In addition, as 

required by section 175A(b) of the CAA, 

Indiana has committed to submit to EPA 

an updated ozone maintenance plan 

eight years after redesignation of the 

Indiana portion of the Chicago area to 

cover an additional ten years beyond the 

initial 10-year maintenance period. 

Thus, EPA finds that the maintenance 

plan SIP revision submitted by IDEM for 

the Indiana portion of the Chicago area 

meets the requirements of section 175A 

of the CAA and EPA proposes to 

approve it as a revision to the Indiana 

SIP. 

V. Has the state adopted approvable 

motor vehicle emission budgets? 

A. Motor Vehicle Emission Budgets 

Under section 176(c) of the CAA, new 

transportation plans, programs or 

projects that receive Federal funding or 

support, such as the construction of new 

highways, must ‘‘conform’’ to (i.e., be 

consistent with) the SIP. Conformity to 

the SIP means that transportation 

activities will not cause or contribute to 

any new air quality violations, increase 

the frequency or severity of any existing 

air quality problems, or delay timely 

attainment or any required interim 

emissions reductions or any other 

milestones. Regulations at 40 CFR part 

93 set forth EPA policy, criteria, and 

procedures for demonstrating and 

assuring conformity of transportation 

activities to a SIP. Transportation 

conformity is a requirement for 

nonattainment and maintenance areas. 

Maintenance areas are areas that were 

previously nonattainment for a 

particular NAAQS, but that have been 

redesignated to attainment with an 

approved CAA section 175A 

maintenance plan for the NAAQS. 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIPs for nonattainment areas and 

maintenance plans for areas seeking 

redesignations to attainment of the 

ozone standard and maintenance areas. 

See the SIP requirements for the 2015 

ozone NAAQS in EPA’s December 6, 

2018, implementation rule (83 FR 

62998). These control strategy SIPs 

(including reasonable further progress 

plans and attainment plans) and 

maintenance plans must include motor 

vehicle emissions budgets (or budgets) 

for criteria pollutants, including ozone 

and their precursor pollutants (VOC and 

NOX) to address pollution from on-road 

transportation sources. The budgets are 

the portion 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 or 

maintenance. See 40 CFR 93.101. 

Under 40 CFR part 93, a budget for an 

area seeking a redesignation to 

attainment must be established, at 

minimum, for the last year of the 

maintenance plan. A state may adopt 

budgets for other years as well. The 

budgets serves as a ceiling on emissions 

from an area’s planned transportation 

system. The budget concept is further 

explained in the preamble to the 

November 24, 1993, Transportation 

Conformity Rule (58 FR 62188). The 

preamble also describes how to 

establish the budget(s) in the SIP and 

how to revise the budget(s), if needed, 


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6See www.epa.gov/state-and-localtransportation/adequacy-review-stateimplementation-plan-sip-submissions-conformity. 

subsequent to initially establishing a 

budget(s) in the SIP. 

Indiana’s maintenance plan includes 

NOX and VOC motor vehicle emissions 

budgets for the Indiana portion of the 

Chicago area for 2030 and 2035, the last 

year of the maintenance period and an 

interim year. The budgets were 

developed as part of an interagency 

consultation process which includes 

Federal, state, and local agencies. The 

budgets were clearly identified and 

precisely quantified. These budgets, 

when considered together with all other 

emissions sources, are consistent with 

maintenance of the 2008 ozone NAAQS. 

TABLE 6—MOTOR VEHICLE EMISSIONS

BUDGETS FOR THE INDIANA PORTION

OF THE CHICAGO AREA 2008 OZONE

MAINTENANCE PLAN

[Tons/day] 

Pollutant 2030 Budget 2035 Budget 

NOX ........... 6.62 5.51 

VOC .......... 3.77 2.93 

EPA is proposing to approve the 

budgets for use to determine 

transportation conformity in the Indiana 

portion of the Chicago area, because 

EPA has determined that the area can 

maintain attainment of the 2008 ozone 

NAAQS for the relevant maintenance 

period with onroad mobile source 

emissions at the levels of the budgets. 

Also, EPA is reviewing the budgets to 

determine if the submitted budgets meet 

the adequacy criteria in the 

transportation conformity regulations 

(40 CFR 93.118(e)(4)). Additionally, as 

required by the transportation 

conformity rule (40 CFR 93.118(f)(2)), 

EPA is using this proposal to notify the 

public that EPA that it is beginning a 30- 

day comment period on the adequacy of 

the submitted motor vehicle emissions 

budgets. Comments on the adequacy of 

the budgets should be submitted to the 

docket for this proposal. EPA will make 

a final determination on the adequacy of 

the submitted budgets either in a final 

action on this proposal or notifying the 

State in writing, notifying the public by 

publishing a Federal Register notice 

and announcing the determination on 

EPA’s adequacy web page.6

B. 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 

noted in Tables 4 and 5 above, the 

emissions in the Indiana portion of the 

Chicago area are projected to have safety 

margins of 16.65 tons/day for NOX and 

3.93 tons/day for VOC in 2035 (the 

difference between the attainment year, 

2019, emissions and the projected 2035 

emissions for all sources in the Indiana 

portion of the Chicago area). Similarly, 

there is a safety margin of 13.47 tons/ 

day for NOX and 3.08 tons/day for VOC 

in 2030. Even if emissions exceeded 

projected levels by the full amount of 

the safety margin, the counties would 

still demonstrate maintenance since 

emission levels would equal those in 

the attainment year. 

Indiana is not allocating any of the 

safety margin to the mobile source 

sector. Indiana can request an allocation 

to the budgets of the available safety 

margins reflected in the demonstration 

of maintenance in a future SIP revision. 

The transportation conformity 

regulations allow states to allocate all or 

a portion of a documented safety margin 

to the motor vehicle emissions budgets 

for an area (40 CFR 93.124(a)). 

VI. Section 182(f) NOX Exemption 

Section 182(f) establishes NOX

emission control requirements for ozone 

nonattainment areas. It provides that 

these emission control requirements, 

however, do not apply to an area if the 

Administrator determines that NOX

emission reductions would not 

contribute to attainment of the ozone 

standard. EPA’s January 2005 

document, ‘‘Guidance on Limiting 

Nitrogen Oxides Requirements Related 

to 8-Hour Ozone Implementation,’’ 

provides guidance for demonstrating 

that further NOX reduction in an ozone 

nonattainment area will not contribute 

to ozone attainment. The guidance 

provides that three consecutive years of 

monitoring data showing attainment of 

the standard without implementation of 

section 182(f) NOX provisions is 

adequate to demonstrate that 

‘‘additional reductions of oxides of 

nitrogen would not contribute to 

attainment . . . .’’ CAA section 

182(f)(1)(A). As described in the 

guidance document, approval of this 

type of NOX exemption is contingent on 

continued monitored attainment of the 

standard. 

On January 18, 2022, Indiana 

submitted a request for a waiver from 

the section 182(f) NOX requirements for 

the Indiana portion of the Chicago area 

based on monitoring data for the years 

2019–2021 showing attainment of the 

2008 ozone standard in the area. Based 

on these data, EPA is proposing to 

approve Indiana’s request for an 

exemption from the section 182(f) NOX

requirements in the Indiana portion of 

the Chicago area. Upon final approval of 

the NOX waiver, Indiana will not be 

required to adopt and implement NOX

emission control regulations pursuant 

section 182(f) for the Indiana portion of 

the Chicago area to qualify for 

redesignation. If the Chicago area 

violates before redesignation, then EPA 

would not be able to finalize approval 

of a NOX waiver. 

VII. VOC RACT in the Indiana Portion 

of the Chicago Area 

Sections 172(c)(1) and 182(b)(2) of the 

CAA require states to implement RACT 

in ozone nonattainment areas classified 

as Moderate (and higher). Specifically, 

these areas are required to implement 

RACT for all major VOC emissions 

sources and for all sources covered by 

a Control Techniques Guideline (CTG). 

The major source threshold for serious 

nonattainment ozone areas is a potential 

to emit (PTE) 50 tons per year (TPY). A 

CTG is a document issued by EPA 

which establishes a ‘‘presumptive 

norm’’ for RACT for a specific VOC 

source category. States must submit 

rules, or negative declarations when no 

such sources exist for CTG source 

categories. 

EPA’s final rule to implement the 

2008 ozone NAAQS (SIP Requirements 

Rule) indicates that states may meet 

RACT through the establishment of new 

or more stringent requirements that 

meet RACT control levels, through a 

certification that previously adopted 

RACT controls in their SIPs approved 

by EPA for a prior ozone NAAQS also 

represent adequate RACT control levels 

for attainment of the 2008 ozone 

NAAQS, or with a combination of these 

two approaches (80 FR 12264). In 

addition, a state may submit a negative 

declaration in instances where there are 

no CTG covered sources. 

Indiana’s VOC RACT demonstration 

under the Moderate classification was 

fully approved into the SIP by EPA on 

February 13, 2019, effective March 15, 

2019 (84 FR 3711). Indiana certifies that 

the Indiana portion of the Chicago area’s 

moderate area VOC RACT program also 

satisfies Serious area VOC RACT 

requirements. 

Indiana certifies that the existing VOC 

rules contained in 326 Indiana 

Administrative Code (IAC) Article 8 

satisfy the Serious area VOC RACT 

requirements for the Indiana portion of 

the Chicago area under the 2008 8-hour 

ozone NAAQS. The Serious major 

source threshold of 50 tons per year is 

addressed for non-CTG sources in 326 

IAC 8–7. 

Indiana certifies that the negative 

declaration for the CTGs for Fiberglass 


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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 12047 

Boat Manufacturing Materials, 

submitted June 5, 2009, and approved 

by EPA on February 24, 2010, is still up 

to date (75 FR 8246). Indiana certifies 

that the negative declaration for the 

CTGs for the Oil and Natural Gas 

Industry submitted October 25, 2018, 

and approved by EPA on December 13, 

2019, is still up to date (84 FR 68050). 

Therefore, EPA is proposing to find that 

Indiana’s submittal has met VOC RACT 

requirements for its portion of the 

Chicago area for the 2008 ozone 

NAAQS. 

VIII. Clean Fuels Vehicles Program 

(CFVP) 

CAA section 182(c)(4) requires states 

with ozone nonattainment areas 

classified as Serious or higher to submit 

a SIP revision request describing 

implementation of a CFVP, as described 

in CAA title II part C (40 CFR 88). EPA 

approved Indiana’s CFVP on March 21, 

1996 (61 FR 11552). CAA section 

182(c)(4) included numerical standards 

for the CFVP that were intended to 

encourage innovation and reduce 

emissions for fleets of motor vehicles in 

certain nonattainment areas as 

compared to conventionally fueled 

vehicles available at the time. As 

originally adopted, those Clean Fuel 

Fleet standards were substantially more 

stringent than the standards that applied 

to vehicles and engines generally. Now 

that EPA has begun implementing Tier 

3 emission standards in 40 CFR part 86, 

subpart S, the Clean Fuel Fleet 

standards are either less stringent than 

or equivalent to the standards that apply 

to vehicles and engines generally. On 

July 29, 2021 (86 FR 34308), EPA 

published a final rule in which EPA 

determined that vehicles and engines 

certified to current emission standards 

under 40 CFR part 86 or 1036 are 

deemed to also meet the Clean Fuel 

Fleet standards as Ultra Low-Emission 

Vehicles. 

IX. Enhanced Monitoring of Ozone and 

Ozone Precursors (EMP) 

Section 182(c)(1) of the CAA requires 

states with nonattainment areas 

classified as Serious or higher to adopt 

and implement a program to improve air 

monitoring for ambient concentrations 

of ozone, NOX and VOC. EPA initiated 

the PAMS program in February 1993. 

See 40 CFR part 58, appendix D. The 

PAMS program required the 

establishment of an enhanced 

monitoring network in all ozone 

nonattainment areas classified as 

Serious, Severe, or Extreme. On March 

16, 1994 (59 FR 12168), EPA approved 

Indiana’s SIP submission establishing 

an enhanced monitoring program in the 

Indiana portion of the Chicago area as 

required by Section 182(c)(1) of the 

CAA. 

Since that time, EPA has concluded 

that requiring enhanced monitoring for 

ozone nonattainment areas classified as 

Moderate or above is appropriate for the 

purposes of monitoring ambient air 

quality and better understanding ozone 

pollution. In EPA’s revision to the ozone 

standard on October 1, 2015, EPA relied 

on the authority provided in sections 

103(c), 110(a)(2)(B), 114(a) and 301(a)(1) 

of the CAA to expand the PAMS 

applicability to areas other than those 

that are Serious or above ozone 

nonattainment and substantially to 

revise the PAMS requirements in 40 

CFR part 58, appendix D (80 FR 65292). 

Specifically, this rule required states 

with Moderate and above ozone 

nonattainment areas to develop and 

implement an EMP. These plans should 

detail enhanced ozone and ozone 

precursor monitoring activities to be 

performed to better understand areaspecific ozone issues. 

Indiana will continue to meet its CAA 

section 182(c)(1) EMP requirements by 

maintaining an air monitoring network 

in the Indiana portion of the Chicago 

area and working with EPA through the 

air monitoring network review process, 

as required by 40 CFR part 58, to 

determine the adequacy of the ozone 

monitoring network, additional 

monitoring needs, and recommended 

monitor decommissions. Air monitoring 

data from these monitors will continue 

to be quality assured, reported, and 

certified according to 40 CFR part 58. 

Therefore, EPA is proposing to find 

that Indiana has met the EMP 

requirements of Section 182(c)(1) for the 

Indiana portion of the Chicago area for 

the 2008 ozone NAAQS. 

X. Enhanced I/M in the Indiana Portion 

of the Chicago Area 

CAA section 182(c)(3) requires states 

with ozone nonattainment areas 

classified as Serious or higher to 

implement an Enhanced vehicle I/M 

program. The general purpose of motor 

vehicle I/M programs is to reduce 

emissions from in-use motor vehicles in 

need of repairs and thereby contribute 

to state and local efforts to improve air 

quality and to attain the NAAQS. 

The 1990 CAA Amendments set 

additional requirements for I/M 

programs. For Moderate areas, a ‘‘Basic’’ 

program is required under section 

182(b)(4). For Serious or worse areas, an 

‘‘Enhanced’’ program is required under 

section 182(c)(3). EPA’s requirements 

for Basic and Enhanced I/M programs 

are found in 40 CFR part 51, subpart S. 

On June 6, 1995, and on September 

28, 1995, IDEM submitted SIP revisions 

establishing an Enhanced I/M program 

in accordance with the requirements of 

the CAA as amended in 1990. The new 

Enhanced I/M program replaced the 

Basic I/M program in operation at the 

time in Lake, Porter, Clark, and Floyd 

counties. EPA fully approved Indiana’s 

Enhanced I/M program on March 19, 

1996 (61 FR 11149), including the 

program’s legal authority and 

administrative requirements in 326 

Indiana Administrative Code 13–1.1. On 

June 8, 2000, Indiana submitted 

amendments to the I/M rule 

incorporating, among other things, 

provisions for the testing of vehicles 

equipped with second generation onboard diagnostics systems (OBD). EPA 

approved those provisions on 

September 27, 2001 (66 FR 49297). 

To support their certification of 

Indiana’s Enhanced I/M program, the 

NIRPC, on behalf of IDEM, performed a 

modeling demonstration that the current 

I/M program meets the requirements of 

EPA’s Enhanced performance standard 

for areas designated and classified 

under the 8-hour ozone standard, as 

specified in 40 CFR 51.351(i). NIRPC 

used EPA’s MOVES emissions model in 

making this demonstration. The 

demonstration involves a comparison of 

emission reductions from EPA’s model 

program specified in 40 CFR 51.351(i) 

and Indiana’s actual program in Lake 

and Porter Counties. 

To demonstrate that an Enhanced I/M 

program meets the performance 

standard, the actual I/M program must 

obtain the same or lower emission levels 

as the model EPA program within ±0.02 

gram per mile. Indiana’s I/M 

performance standard analysis shows 

that Indiana’s I/M program achieves 

emission reductions that are at least as 

great as this criterion. Indiana’s 

demonstration supports its certification 

that its current I/M program in Lake and 

Porter counties meets the applicable 

Enhanced I/M performance standard 

requirements in 40 CFR part 51, subpart 

S for the 2008 ozone NAAQS. 

XI. Proposed Actions 

EPA is proposing to determine that 

the Chicago area is attaining the 2008 

ozone NAAQS, based on quality-assured 

and certified monitoring data for 2019– 

2021. EPA is proposing to approve 

Indiana’s January 18, 2022, NOX

exemption request as meeting section 

182(f) requirements of the CAA. EPA is 

proposing to determine that if and when 

EPA approves Indiana’s NOX exemption 

request, VOC RACT, EMP, CFVP, and 

Enhanced I/M program SIP submittals, 

the Indiana portion of the Chicago area 


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12048 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 

will have met the requirements for 

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

of the CAA. EPA is thus proposing to 

change the legal designation of the 

Indiana portion of the ChicagoNaperville, IL-IN-WI area from 

nonattainment to attainment for the 

2008 ozone NAAQS. EPA is also 

proposing to approve, as a revision to 

the Indiana SIP, the state’s maintenance 

plan for the area. The maintenance plan 

is designed to keep the Indiana portion 

of the Chicago area in attainment of the 

2008 ozone NAAQS through 2035. EPA 

finds adequate and is proposing to 

approve the newly established 2030 and 

2035 motor vehicle emissions budgets 

for the Indiana portion of the Chicago 

area. Finally, EPA is proposing to 

approve the VOC RACT, CFVP, EMP, 

and Enhanced I/M program SIP 

revisions included in Indiana’s 

December 29, 2020, and January 18, 

2022, submittals, because they satisfy 

the Serious requirements of the CAA for 

the Indiana portion of the Chicago area. 

XII. 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 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because 

redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone national ambient air quality 

standards in tribal lands. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: February 22, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–04072 Filed 3–2–22; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 300–3, 300–70, 301–2, 

301–10, 301–11, 301–13, 301–53, 301– 

70, 301–71, Appendix C to Chapter 301, 

304–3, and 304–5 

[FTR Case 2020–300–1; Docket No. 2022– 

0005, Sequence No. 1] 

RIN 3090–AK40 

Federal Travel Regulation (FTR); 

Common Carrier Transportation 

AGENCY: General Services 

Administration. 

ACTION: Proposed rule. 

SUMMARY: The U.S. General Services 

Administration (GSA) proposes to 

amend the Federal Travel Regulation 

(FTR) by adding definitions to the 

Glossary of Terms; adopting 

recommendations from agencies and the 

Senior Travel Official Council to 

simplify the FTR; consolidating 

duplicative regulations pertaining to the 

use of common carrier transportation 

accommodations; introducing premium 

economy airline accommodations as a 

class of service and creating 

management controls related to the use 

thereof; removing an outdated exception 

to use of a Contract City Pair fare; 

sequencing common carrier regulations 

in a more logical order; and making 

miscellaneous editorial corrections. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before May 2, 2022 

to be considered in the formation of the 

final rule. 

ADDRESSES: Submit comments in 

response to FTR case 2020–300–1 to: 

Regulations.gov: https://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘FTR Case 2020–300–1’’. 

Select the link ‘‘Comment Now’’ that 

corresponds with FTR Case 2020–300– 

1. Follow the instructions provided at 

the ‘‘Comment Now’’ screen. Please 

include your name, company name (if 

any), and ‘‘FTR Case 2020–300–1’’ on 

your attached document. If your 

comment cannot be submitted using 

https://www.regulations.gov, call or 

email the points of contact in the FOR

FURTHER INFORMATION CONTACT section of 

this document for alternate instructions. 

Instructions: Please submit comments 

only and cite FTR Case 2020–300–1, in 

all correspondence related to this case. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal and/or business confidential 


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