[Federal Register Volume 87, Number 96 (Wednesday, May 18, 2022)]
[Proposed Rules]
[Pages 30129-30141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10556]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 87, No. 96 / Wednesday, May 18, 2022 / 
Proposed Rules

[[Page 30129]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2021-0054; EPA-R05-OAR-2022-0254; FRL-9686-01-R5]


Air Plan Approval; Indiana; Redesignation of the Indiana Portion 
of the Louisville, Indiana-Kentucky Area to Attainment of the 2015 
Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to find 
that the Indiana portion of the Louisville, Indiana-Kentucky area 
(Area) is attaining the 2015 primary and secondary ozone National 
Ambient Air Quality Standards (NAAQS), and to act in accordance with a 
request from the Indiana Department of Environmental Management (IDEM) 
to redesignate the Indiana portion of the area to attainment for the 
2015 ozone NAAQS because the request meets the statutory requirements 
for redesignation under the Clean Air Act (CAA). The Area includes 
Clark and Floyd Counties in Indiana and Bullitt, Jefferson, and Oldham 
Counties in Kentucky. IDEM submitted this request on February 21, 2022. 
EPA is proposing to approve, as a revision to the Indiana State 
Implementation Plan (SIP), the State's plan for maintaining the 2015 
ozone NAAQS through 2035 in the Indiana portion of the Louisville area. 
EPA finds adequate and is proposing to approve Indiana's 2035 volatile 
organic compound (VOC) and oxides of nitrogen (NO<INF>X</INF>) Motor 
Vehicle Emission Budgets (budgets) for the Indiana portion of the 
Louisville area and is initiating the adequacy review process for these 
budgets. Finally, EPA is also proposing to approve portions of a 
separate January 21, 2021 submittal from IDEM as meeting the applicable 
requirements for a base year emissions inventory and emissions 
statement program.

DATES: Comments must be received on or before June 17, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0054, or EPA-R05-OAR-2022-0254 at https://www.regulations.gov, 
or via email to <a href="/cdn-cgi/l/email-protection#89e8fbfbe8a7fae8fbe8e1c9ecf9e8a7eee6ff"><span class="__cf_email__" data-cfemail="2c4d5e5e4d025f4d5e4d446c495c4d024b435a">[email protected]</span></a>. 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: Andrew Lee, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312)-353-7645, 
<a href="/cdn-cgi/l/email-protection#4d212828632c23293f283a632e0d283d2c632a223b"><span class="__cf_email__" data-cfemail="49252c2c6728272d3b2c3e672a092c3928672e263f">[email protected]</span></a>. The EPA Region 5 office is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding Federal holidays and 
facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is EPA proposing?

    EPA is proposing to take several related actions. EPA is proposing 
to determine that the Indiana portion of the Louisville nonattainment 
area is attaining the 2015 ozone NAAQS, based on quality-assured and 
certified monitoring data for 2019-2021, and that the Indiana portion 
of the Louisville area has met the requirements for redesignation under 
section 107(d)(3)(E) of the CAA. EPA is thus proposing to change the 
designation of the Indiana portion of the Louisville area from 
nonattainment to attainment for the 2015 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 Louisville area in attainment of the 2015 
ozone NAAQS through 2035. EPA is proposing to approve the newly 
established 2035 budgets for the Indiana portion of the Louisville area 
and is initiating the adequacy process for these budgets. Finally, EPA 
is proposing to approve portions of Indiana's January 21, 2021, 
submittal because they satisfy the applicable CAA requirements for a 
base year emissions inventory and emissions statement program for the 
Indiana portion of the Louisville area.

II. What is the background for these actions?

    EPA has determined that ground-level ozone is detrimental to human 
health. On October 1, 2015, EPA promulgated a revised 8-hour ozone 
NAAQS of 0.070 parts per million (ppm). See 80 FR 65292 (October 26, 
2015). Under EPA's regulations at 40 CFR part 50, the 2015 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 0.070 ppm, when truncated after the thousandth decimal place, at 
all of the ozone monitoring sites in the area. See 40 CFR 50.19 and 
appendix U 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 Louisville area was 
designated as a Marginal nonattainment area for the 2015 ozone NAAQS on 
June 4, 2018 (83 FR 25776) (effective August 3, 2018).

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:

[[Page 30130]]

(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) and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in policy memoranda.

IV. What is EPA's analysis of Indiana's redesignation request?

A. Has the Louisville area attained the 2015 ozone NAAQS?

    For redesignation of a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2015 
ozone NAAQS if it meets the 2015 ozone NAAQS, as determined in 
accordance with 40 CFR 50.19 and appendix U of part 50, based on three 
complete, consecutive calendar years of quality-assured air quality 
data for all monitoring sites in the area. The 2015 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 0.070 ppm, when truncated after the thousandth decimal place, at 
all the ozone monitoring sites in the area. 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% of the days 
within the ozone monitoring seasons,\1\ on average, for the 3-year 
period, with a minimum data completeness of 75% during the ozone 
monitoring season of any year during the 3-year period. See section 4 
of appendix U to 40 CFR part 50.
    EPA has reviewed the available ozone monitoring data from 
monitoring sites in the Louisville area for the 2019-2021 period. These 
data have been quality assured, are recorded in the AQS, and were 
certified in advance of EPA's publication of this proposal. These data 
demonstrate that the Louisville area is attaining the 2015 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.

   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 Louisville Area
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                                                                                                      2019-2021
                   County                         Monitor       2019 4th     2020 4th     2021 4th     Average
                                                               high (ppm)   high (ppm)   high (ppm)     (ppm)
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Clark, IN...................................     18-019-0008        0.064        0.062        0.063        0.063
Floyd, IN...................................     18-043-1004        0.063        0.066        0.064        0.064
Bullitt, KY.................................     21-029-0006        0.063        0.065        0.065        0.064
Jefferson, KY...............................     21-111-0051        0.065        0.063        0.067        0.065
                                                 21-111-0067        0.068        0.071        0.069        0.069
                                                 21-111-0080        0.064        0.068        0.073        0.068
Oldham......................................     26-163-0001        0.065        0.061        0.065        0.063
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    The Louisville area's 3-year ozone design value for 2019-2021 is 
0.069 ppm,\2\ which meets the 2015 ozone NAAQS. Therefore, in this 
action, EPA proposes to determine that the Louisville area is attaining 
the 2015 ozone NAAQS.
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    \2\ The monitor ozone design value for the monitor with the 
highest 3-year averaged concentration.
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    EPA will not take final action to determine that the Louisville 
area is attaining the NAAQS or to approve the redesignation of this 
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, IDEM has committed to continue 
monitoring ozone in this area to verify maintenance of the 2015 ozone 
NAAQS.

B. Has Indiana met all applicable requirements of section 110 and part 
D of the CAA for the Indiana portion of the Louisville area, and does 
the Indiana portion of the Louisville have a fully approved SIP for the 
area under section 110(k) of the CAA?

    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 proposes to find that Indiana has met 
all applicable SIP requirements for purposes of redesignation under 
section 119 and part D of title I of the CAA (requirements specific to 
nonattainment areas for the 2015 ozone NAAQS). Additionally, with the 
exception of the base year emissions inventory requirement of section 
182(a)(1) of the CAA and the emissions statement requirement of section 
182(a)(3)(B) of the CAA, EPA proposes to find that Indiana has a fully 
approved SIP under section 110(k) of the CAA. As discussed in sections 
VI. and VII. below, EPA is proposing to approve Indiana's base year 
emissions inventory and emissions statement program as meeting the 
requirements of sections 182(a)(1) and 182(a)(3), respectively, for the 
2015 ozone NAAQS. Upon final approval of these SIP elements, all 
applicable requirements of the Indiana SIP for the area will have been 
fully approved under section 110(k) of the CAA. In making these 
proposed determinations, EPA ascertained which requirements are 
applicable for purposes of redesignation, and whether the required

[[Page 30131]]

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 these applicable requirements of the CAA.
    The September 4, 1992, memorandum from John Calcagni, Director, Air 
Quality Management Division, entitled ``Procedures for Processing 
Requests to Redesignate Areas to Attainment,'' describes EPA's 
interpretation of which requirements are ``applicable'' for purposes of 
redesignation under section 107(d)(3)(E) of the CAA. Under this 
interpretation, a requirement is not ``applicable'' unless it was due 
prior to the state's submittal of a complete redesignation request for 
the area. See also the September 17, 1993, memorandum from Michael H. 
Shapiro, entitled ``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,'' and 60 FR 12459, 12465-66 (March 7, 
1995) (redesignation of Detroit-Ann Arbor, Michigan to attainment of 
the 1hour 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.\3\ 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).
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    \3\ EPA is, in a separate action, proposing to find that the 
Louisville area failed to attain the 2015 ozone NAAQS by its 
attainment date. If that determination were to be finalized, the 
area would be reclassified to Moderate by operation of law. However, 
because of EPA's interpretation and the date by which Indiana 
submitted its request, those Moderate area requirements are not 
considered applicable requirements for purposes of redesignating the 
Louisville area. Specifically, at the time Indiana submitted its 
request, EPA had not yet determined that the area failed to attain 
and had not yet reclassified the area. Per CAA section 182(i) and 
consistent with CAA section 179(d), EPA typically adjusts the 
deadlines for SIP submissions that are required for newly 
reclassified areas. Therefore, even if EPA were to finalize today 
the determination that the area failed to attain and reclassify the 
area, the deadline for the requirements associated with the 
reclassification would be set at some point in the future. Indiana 
submitted its request to redesignate well in advance of any 
hypothetical due date associated with Moderate area requirements.
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1. Indiana Has Met All Applicable Requirements of Section 110 and Part 
D of the CAA Applicable to the Indiana Portion of the Louisville 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., NO<INF>X</INF> SIP call, the Clean Air 
Interstate Rule (CAIR), and the 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 with 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 2015 
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-Akron-Loraine, 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 propose to find that it meets 
the general SIP requirements under section 110 of the CAA, to the 
extent those requirements are applicable for purposes of redesignation. 
The requirements of section 110(a)(2), however, are statewide 
requirements that are not linked to the 2015 ozone NAAQS nonattainment 
status of the Louisville area. Therefore, EPA concludes that these 
infrastructure requirements are not applicable requirements for 
purposes of review of the state's ozone redesignation request.
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 Louisville area was classified as Marginal under subpart 2 for 
the 2015 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 section 
182(a) (Marginal nonattainment

[[Page 30132]]

area requirements). A thorough discussion of the requirements contained 
in section 172(c) and 182 can be found in the General Preamble for 
Implementation of Title I (57 FR 13498).
i. Subpart 1 Section 172 Requirements
    As provided in subpart 2, for Marginal ozone nonattainment areas 
such as the Louisville area, the specific requirements of section 
182(a) apply in lieu of the attainment planning requirements that would 
otherwise apply under section 172(c), including the attainment 
demonstration and reasonably available control measures (RACM) under 
section 172(c)(1), reasonable further progress (RFP) under section 
172(c)(2), and contingency measures under section 172(c)(9). 42 U.S.C. 
7511a(a).
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. This 
requirement is 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 approved Indiana's NSR program 
into the SIP on October 7, 1994 (59 FR 51108), with revisions 
subsequently approved into the SIP on July 8, 2011 (76 FR 40242). 
Nonetheless, EPA has determined that, since PSD requirements will apply 
after redesignation, areas being redesignated need not comply with the 
requirement that a 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.'' See 
rulemakings for Detroit, Michigan (60 FR 12467-12468, March 7, 1995); 
Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); 
Louisville, Kentucky (66 FR 53665, October 23, 2001); and Grand Rapids, 
Michigan (61 FR 31834-31837, June 21, 1996). Indiana's PSD program will 
become effective in the Indiana portion of the Louisville 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 NAAQS. 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.
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's general 
conformity rules were approved into Section 176(c) of the CAA on 
January 14, 1998 (63 FR 2146).
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    \4\ CAA 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 emission budgets, such as control strategy SIPs and 
maintenance plans.
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iii. Section 182(a) Requirements
    Section 182(a)(1) requires states to submit a comprehensive, 
accurate, and current inventory of actual emissions from sources of 
NO<INF>X</INF> and VOC emitted within the boundaries of the ozone 
nonattainment area within two years of designation. On January 21, 
2021, Indiana submitted emissions inventories for the Indiana portion 
of the Louisville area for the 2017 base year. As described in section 
VI. below, EPA is proposing to approve Indiana's base year emissions 
inventory as meeting the requirements of section 182(a)(1) for the 2015 
ozone NAAQS.
    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 reasonably available control technology 
(RACT) rules that were required under section 172(b)(3) prior to the 
1990 CAA amendments. The Indiana portion of the Louisville area is not 
subject to the section 182(a)(2) RACT ``fix up'' requirement for the 
2015 ozone NAAQS because it was designated as nonattainment for this 
standard after the enactment of the 1990 CAA amendments and, in any 
case, Indiana complied with this requirement for the Indiana portion of 
the Louisville 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 
nonattainment area that implemented or was required to implement a 
vehicle inspection and maintenance (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 2015 ozone NAAQS and the 
consideration of Indiana's redesignation request for this standard, the 
Louisville area is not subject to the section 182(a)(2)(B) requirement 
because the Louisville area was designated as nonattainment for the 
2015 ozone NAAQS after the enactment of the 1990 CAA amendments and 
because Indiana complied with this requirement for the Louisville area 
under the prior 1-hour ozone NAAQS.
    Regarding the source permitting and offset requirements of section 
182(a)(2)(C) and section 182(a)(4), Indiana currently has a fully-
approved part D NSR program in place. EPA approved Indiana's NSR 
program into the SIP on October 7, 1994 (59 FR 51108), with revisions 
subsequently approved into the SIP on July 8, 2011 (76 FR 40242). 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 
Louisville area upon redesignation of the area to attainment.
    Section 182(a)(3)(A) requires states to submit periodic emission 
inventories and section 182(a)(3)(B) requires states

[[Page 30133]]

to submit a revision to the SIP to require the owners or operators of 
stationary sources to annually submit emissions statements documenting 
actual NO<INF>X</INF> and VOC emissions. As discussed below in section 
IV.D.4. of this proposed rule, Indiana will continue to update its 
emissions inventory at least once every three years. With regard to 
stationary source emissions statements, EPA approved Indiana's 
emissions statement program on June 10, 1994 (59 FR 29953). On January 
21, 2021, Indiana submitted a separate request to strengthen its SIP-
approved emissions statement program by adding, removing, and updating 
certain statues and reporting forms. As described in section VII. 
below, EPA is proposing to approve portions of Indiana's emissions 
statement submittal as meeting the requirements of section 182(a)(3)(B) 
for the 2015 ozone NAAQS.
    Upon approval of Indiana's emissions inventory and emissions 
statements rules, the Indiana portion of the Louisville area will have 
satisfied 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 Louisville 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(a)(1) base year inventory requirements and 
section 182(a)(3)(B) emission statement requirements, EPA will have 
fully approved the Indiana SIP for the Indiana portion of the 
Louisville area under section 110(k) for all requirements applicable 
for purposes of redesignation under the 2015 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). Additional measures may also be approved in 
conjunction with a redesignation action (see 68 FR 25426 (May 12, 2003) 
and citations therein).

C. Are the air quality improvements in the Louisville 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 proposes to 
determine that Indiana has demonstrated that that the observed ozone 
air quality improvement in the Louisville area is due to permanent and 
enforceable reductions in VOC and NO<INF>X</INF> 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 2017 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 Louisville 
area and upwind areas 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 proposes to find 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 NO<INF>X</INF> 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 NO<INF>X</INF> budgets and annual sulfur dioxide 
(SO<INF>2</INF>) budgets (70 FR 25152). CAIR addressed the good 
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate 
matter (PM<INF>2.5</INF>) NAAQS and was designed to mitigate the impact 
of transported NO<INF>X</INF> emissions, a precursor of both ozone and 
PM<INF>2.5</INF>, as well as transported SO<INF>2</INF> emissions, 
another precursor of PM<INF>2.5</INF>. 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 NO<INF>X</INF> annual and ozone season programs 
beginning in 2009 and the SO<INF>2</INF> 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 PM<INF>2.5</INF> 
NAAQS, and the 2006 PM<INF>2.5</INF> NAAQS.\5\ Through Federal 
Implementation Plans, CSAPR required electric generating units (EGUs) 
in eastern states, including Indiana, to meet annual and ozone season 
NO<INF>X</INF> budgets and annual SO<INF>2</INF> 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 NO<INF>X</INF> 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 was 
estimated to result in a 20% reduction in ozone season NO<INF>X</INF> 
emissions from EGUs in the eastern United States, a reduction of 80,000 
tons in 2017 compared to 2015 levels. On April 30, 2021, EPA published 
the Revised CSAPR Update, which fully resolved the obligations of 
eastern states, including Indiana, under the good neighbor provision 
for the 2008 ozone NAAQS (82 FR 23054). The Revised CSAPR Update was 
estimated to reduce ozone season NO<INF>X</INF> emissions from EGUs by 
17,000 tons beginning in 2021, compared to emissions without the rule. 
The reduction in NO<INF>X</INF> emissions from the implementation of 
CAIR and then CSAPR occurred by the attainment years and additional 
emission reductions will occur throughout the maintenance period.
---------------------------------------------------------------------------

    \5\ In a December 27, 2011 rulemaking, EPA included Indiana in 
the ozone season NO<INF>X</INF> program, addressing the 1997 ozone 
NAAQS (76 FR 80760).
---------------------------------------------------------------------------

b. Federal Emission Control Measures
    Reductions in VOC and NO<INF>X</INF> 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.

[[Page 30134]]

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 between 2017 and 2025. Tier 3 sets new tailpipe 
standards for non-methane organic gases (NMOG) and NO<INF>X</INF>, 
presented as NMOG+NO<INF>X</INF>, and for particulate matter. The VOC 
and NO<INF>X</INF> tailpipe standards for light-duty vehicles represent 
approximately an 80% reduction in fleet average NMOG+NO<INF>X</INF> and 
a 70% reduction in per-vehicle particulate matter (PM) standards, 
relative to the fleet average at the time of phase-in. Heavy-duty 
tailpipe standards represent about a 60% reduction in both fleet 
average NMOG+NO<INF>X</INF> and per-vehicle PM standards. The 
evaporative emissions requirements in the rule will result in 
approximately a 50% reduction from previous 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 starting in January 2017. As projected by these estimates and 
demonstrated in the on-road emission modeling for the Indiana portion 
of the Louisville 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 NO<INF>X</INF>, 
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 NO<INF>X</INF> and VOC emissions. EPA has estimated future 
year emission reductions due to implementation of this rule. EPA 
estimated that by 2015 NO<INF>X</INF> and VOC emissions would decrease 
nationally by 1,260,000 tons and 54,000 tons, respectively, and that by 
2030 NO<INF>X</INF> and VOC emissions will decrease nationally 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 Louisville 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 non-road 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 sulfur limits for non-road 
diesel fuels were phased in from 2007 through 2012. EPA estimates that 
now fully implemented, compliance with this rule will cut 
NO<INF>X</INF> emissions from these non-road diesel engines by 
approximately 90%. As projected by these estimates and demonstrated in 
the non-road emission modeling for the Indiana portion of the 
Louisville 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 ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and 
recreational marine diesel engines. These emission standards were 
phased in from model years 2004 through 2012. Now fully implemented, 
EPA estimates an overall 72% reduction in national VOC emissions from 
these engines and an 80% reduction in national NO<INF>X</INF> 
emissions. As projected by these estimates and demonstrated in the non-
road emission modeling for the Indiana portion of the Louisville 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 
applied beginning in 2011 and are expected to result in a 15 to 25% 
reduction in NO<INF>X</INF> emissions from these engines. Final Tier 3 
emission standards applied beginning in 2016 and are expected to result 
in approximately an 80% reduction in NO<INF>X</INF> from these engines. 
As projected by these estimates and demonstrated in the non-road 
emission modeling for the Indiana portion of the Louisville 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 2017 emissions inventory as the base year 
because EPA's 2017 National Emissions Inventory (NEI) is the most 
recently available triennial emissions inventory preceding the 
nonattainment designations in April 2018. 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.
    Indiana has provided inventories for point, nonpoint, on-road, and 
nonroad sources. The inventory for point sources includes facilities 
that report their emissions directly to IDEM, as well as sources such 
as airports and rail yards. Nonpoint sources, sometimes called area 
sources, include emissions from sources that are more ubiquitous, such 
as consumer products or architectural coatings. On-road sources are 
vehicles that are primarily used on public roadways, such as cars, 
trucks, and motorcycles. Nonroad sources include engine-based emissions 
that do not occur on roads, such as trains or boats.
    For its point, nonpoint, and nonroad emissions inventories, Indiana 
used EPA's 2017 NEI and EPA's 2017 Emissions Modeling platform as its 
primary sources. To derive inventories for 2019, IDEM interpolated 
between 2016 and 2023, 2026, and 2032 data from EPA's 2016v2 modeling 
platform. The 2016v2 modeling platform and 2017 NEI have been quality-
assured, and documentation regarding these datasets and their methods 
are available on EPA's website.\6\ Point source, area source, and non-
road emissions were compiled using data from EPA's Emissions Modeling 
Clearinghouse website for the entire Louisville nonattainment area.
---------------------------------------------------------------------------

    \6\ https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-technicalsupport-document-tsd and https://www.epa.gov/air-emissions-modeling/2016-version-2-technical-support-document.
---------------------------------------------------------------------------

    For its on-road emissions inventory, Indiana submitted an analysis 
by Kentuckiana Regional Planning Commission and Development Agency 
(KIPDA) in conjunction with the Louisville Air Pollution Control 
District (APCD). This analysis used EPA's MOVES3.0.2 model to generate 
summer day on-road emissions for 2015 and 2020 which was interpolated 
to arrive at 2017 NO<INF>X</INF> and VOC tons per summer day. KIPDA's 
and APCD's analysis relied on local travel inputs including demographic 
data, travel demand

[[Page 30135]]

forecasting, road types, Vehicle Miles of Travel (VMT), Vehicle Hours 
of Travel, vehicle population, and vehicle age, as well as 
meteorological data. In Appendix C of its submittal, Indiana has 
included a detailed narrative of KIPDA's methods.
    To obtain the inventories, IDEM summed the annual totals of 
NO<INF>X</INF> and VOC emissions from each emission category. Then, 
IDEM calculated a conversion factor to convert the annual totals to a 
value of tons per ozone season day. This conversion factor was 
generated by taking the June-August category emissions and dividing 
them by the annual category emissions. IDEM selected June-August as the 
standard ozone season months, due to an analysis showing that those 
months had the most days with high ozone values in recent years.
    Using the inventories described above, Indiana's submittal 
documents changes in NO<INF>X</INF> and VOC emissions from 2017 to 2019 
for the Indiana portion of the Louisville area. Emissions data are 
shown in Table 2. Data are expressed in terms of tons per ozone season 
day.

     Table 2--NOX and VOC Emissions in the Indiana and Kentucky Portions of the Louisville Area for the 2017
                                   Nonattainment Year and 2019 Attainment Year
                                              [Tons per summer day]
----------------------------------------------------------------------------------------------------------------
                                                         NOX                                  VOC
                                       -------------------------------------------------------------------------
                                                                Net change                           Net change
                                           2017       2019      (2017-2019)      2017       2019     (2017-2019)
----------------------------------------------------------------------------------------------------------------
                                                     Indiana
----------------------------------------------------------------------------------------------------------------
Point.................................       2.70       4.18           1.48        2.15       0.20         -1.95
Nonpoint..............................       2.05       0.42          -1.63       11.21       8.33         -2.88
On-road...............................      11.03       7.73          -3.30        4.41       3.37         -1.04
Nonroad...............................       1.92       2.76           0.84        1.14       1.43         -0.29
                                       -------------------------------------------------------------------------
    Total.............................      17.70      15.09          -2.61       18.91      13.33         -5.58
----------------------------------------------------------------------------------------------------------------
                                                    Kentucky
----------------------------------------------------------------------------------------------------------------
Point.................................      35.78      34.04          -1.74       30.92      33.45          2.53
Nonpoint..............................       7.21       6.77          -0.44       40.14      36.76         -3.38
On-road...............................      25.60      25.31          -0.29        9.29      10.28          0.99
Nonroad...............................       3.46       3.38          -0.08        4.37       4.36         -0.01
                                       -------------------------------------------------------------------------
    Total.............................      72.05      69.50          -2.55       84.72      84.85          0.13
                                       -------------------------------------------------------------------------
                                        Louisville, IN-KY 2015 Ozone Area
----------------------------------------------------------------------------------------------------------------
Point.................................      38.48      38.22          -0.26       33.07      33.65          0.58
Nonpoint..............................       9.26       7.19          -2.07       51.35      45.09         -6.26
On-road...............................      36.63      33.04          -3.59       13.70      13.65         -0.05
Nonroad...............................       5.38       6.14           0.76        5.51       5.79          0.28
                                       -------------------------------------------------------------------------
    Total.............................      89.75      84.59          -5.16      103.63      98.18         -5.45
----------------------------------------------------------------------------------------------------------------

    As shown in Table 2, NO<INF>X</INF> and VOC emissions in the 
Indiana portion of the Louisville area declined by 2.61 tons per ozone 
season day and 5.58 tons per ozone season day, respectively, between 
2017 and 2019. NO<INF>X</INF> and VOC emissions in the entire 
Louisville area declined by 5.16 and 5.45 tons per ozone season day, 
respectively, between 2017 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 Louisville-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, removing the impact of 
meteorology, the resulting trends in ozone concentrations declined over 
the period examined, and 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 Louisville area?

    To redesignate an area from nonattainment 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

[[Page 30136]]

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 assure 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 Louisville area to attainment for the 2015 ozone 
NAAQS, Indiana submitted a SIP revision to provide for maintenance of 
the 2015 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 
Louisville area has attained the 2015 ozone NAAQS based on monitoring 
data for the period of 2019-2021. Indiana selected 2019 as the 
attainment emissions inventory year to establish attainment emission 
levels for VOC and NO<INF>X</INF>. The attainment emissions inventory 
identifies the levels of emissions in the Indiana portion of the 
Louisville area that are sufficient to attain the 2015 ozone NAAQS. The 
derivation of the attainment year emissions is discussed above in 
section IV.C.2. of this proposed rule. The emissions for the 2019 
attainment year, by source category, are summarized in Table 2 above.
2. Has the state demonstrated maintenance of the ozone standard in the 
Indiana portion of the Louisville area?
    Indiana has demonstrated maintenance of the 2015 ozone NAAQS 
through 2035 by projecting that current and future emissions of VOC and 
NO<INF>X</INF> for the Indiana portion of the Louisville 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 was selected because it 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 2019 attainment year and 
the 2035 final maintenance year.
    To develop emissions inventories for the years 2030 and 2035, 
Indiana used a methodology consistent with the methods used to develop 
its inventories for the years 2017 and 2019. This methodology is 
discussed above in section IV.C.2. of this proposed rule.
    For its point, nonpoint, and nonroad emissions inventories, Indiana 
again used EPA's 2016v2 modeling platform. To derive inventories for 
2030, IDEM interpolated between 2023 and 2026 and 2032 data from the 
2016v2 modeling platform. To derive inventories for 2035, IDEM 
extrapolated forward from the 2016v2 modeling platform data using data 
points from 2016, 2023, 2026, and 2032 years.
    For its on-road emissions inventory, Indiana again relied upon the 
KIPDA analysis, which used EPA's MOVES3.0.2 model to generate summer 
day on-road emissions for all years. KIPDA adjusted its analysis to use 
inputs and assumptions appropriate for the future years 2030 and 2035. 
In Appendix C of its submittal, Indiana has included a detailed 
narrative of KIPDA's methods.
    Emissions data for the 2017 nonattainment year, 2019 attainment 
year, 2030 interim year, and 2035 maintenance year are shown in Tables 
3 and 4 below. Data are expressed in terms of tons per ozone season 
day.

    Table 3--NOX Emissions in the Louisville Area for the 2017 Nonattainment Year, 2019 Attainment Year, 2030
                                     Interim Year, and 2035 Maintenance Year
                                              [Tons per summer day]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Net change
                                                           2017       2019       2030       2035     (2019-2035)
----------------------------------------------------------------------------------------------------------------
                                                     Indiana
----------------------------------------------------------------------------------------------------------------
Point.................................................       2.70       4.18       2.36       2.50         -1.68
Nonpoint..............................................       2.05       0.42       0.42       0.42             0
Nonroad...............................................       1.92       2.76       1.80       1.25         -1.51
On-road...............................................      11.03       7.73       4.31       4.07         -3.66
                                                       ---------------------------------------------------------
    Total.............................................      17.70      15.09       8.89       8.24         -6.85
----------------------------------------------------------------------------------------------------------------
                                                    Kentucky
----------------------------------------------------------------------------------------------------------------
Point.................................................      35.78      34.04      24.39      21.24        -12.80
Nonpoint..............................................       7.21       6.77       5.84       5.41         -1.36
Nonroad...............................................       3.46       3.38       2.91       2.69         -0.69
On-road...............................................      25.60      25.31      11.66      10.87        -14.44
                                                       ---------------------------------------------------------
    Total.............................................      72.05      69.50      44.80      40.21        -29.29
----------------------------------------------------------------------------------------------------------------
                                        Louisville, IN-KY 2015 Ozone Area
----------------------------------------------------------------------------------------------------------------
Point.................................................      38.48      38.22      26.75      23.74        -14.48
Nonpoint..............................................       9.26       7.19       6.26       5.83         -1.36
On-road...............................................      36.63      33.04      15.97      14.94        -18.10

[[Page 30137]]

 
Nonroad...............................................       5.38       6.14       4.71       3.94         -2.20
                                                       ---------------------------------------------------------
    Total.............................................      89.75      84.59      56.69      48.45        -36.14
----------------------------------------------------------------------------------------------------------------


    Table 4--VOC Emissions in the Louisville Area for the 2017 Nonattainment Year, 2019 Attainment Year, 2030
                                     Interim Year, and 2035 Maintenance Year
                                           [Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Net change
                                                           2017       2019       2030       2035     (2019-2035)
----------------------------------------------------------------------------------------------------------------
                                                     Indiana
----------------------------------------------------------------------------------------------------------------
Point.................................................       2.15       0.20       0.21       0.21          0.01
Nonpoint..............................................      12.21       8.33       8.55       8.65          0.32
Nonroad...............................................       1.14       1.43       1.31       1.22         -0.21
On-road...............................................       4.41       3.37       1.41       1.24         -2.13
                                                       ---------------------------------------------------------
    Total.............................................      18.91      13.33      11.48      11.32         -2.01
----------------------------------------------------------------------------------------------------------------
                                                    Kentucky
----------------------------------------------------------------------------------------------------------------
Point.................................................      30.92      33.45      24.52      21.61        -11.84
Nonpoint..............................................      40.14      36.76      31.48      29.08         -7.68
On-road...............................................       9.29      10.28       4.04       3.55         -6.73
Nonroad...............................................       4.37       4.36       4.31       4.28         -0.08
                                                       ---------------------------------------------------------
    Total.............................................      84.72      84.85      64.35      58.52        -26.33
----------------------------------------------------------------------------------------------------------------
                                        Louisville, IN-KY 2015 Ozone Area
----------------------------------------------------------------------------------------------------------------
Point.................................................      33.07      33.65      24.73      21.82        -11.83
Nonpoint..............................................      51.35      45.09      40.03      37.73         -7.36
On-road...............................................      13.70      13.65       5.45       4.79         -8.86
Nonroad...............................................       5.51       5.79       5.62       5.50         -0.29
                                                       ---------------------------------------------------------
    Total.............................................     103.63      98.18      75.83      69.84        -28.34
----------------------------------------------------------------------------------------------------------------

    As shown in Tables 3 and 4, NO<INF>X</INF> and VOC emissions in the 
Indiana portion of the Louisville area are projected to decrease by 
6.85 tons per ozone season day and 2.01 tons per ozone season day, 
respectively, between the 2019 attainment year and 2035 maintenance 
year. NO<INF>X</INF> and VOC emissions for the entire Louisville area 
are projected to decreased by 36.14 and 28.34 tons per ozone season 
day, respectively, between the 2019 attainment year and the 2035 
maintenance year. Indiana's maintenance demonstration for the Indiana 
portion of the Louisville area shows maintenance of the 2015 ozone 
NAAQS by providing emissions information to support the demonstration 
that future emissions of NO<INF>X</INF> and VOC will remain at or below 
2019 emission levels when considering both future source growth and 
implementation of future controls.
    In addition, EPA's 2016v2 modeling platform includes updated air 
quality modeling of the contiguous United States, projecting ozone 
concentrations at all air quality monitors in 2023, 2026, and 2032.\7\ 
That modeling incorporates the most recent updates to emissions 
inventories, including on-the-books emissions reductions, and 
meteorology. This modeling indicates that EPA does not project the 
Louisville area to be in nonattainment of the 2015 ozone NAAQS, nor 
does EPA expect the area to struggle with maintenance, in those modeled 
future years. We propose to find that EPA's ozone transport air quality 
modeling further supports Indiana's demonstration that the Louisville 
area will continue to maintain the 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \7\ https://www.epa.gov/air-emissions-modeling/2016v2-platform.
---------------------------------------------------------------------------

3. Continued Air Quality Monitoring
    Indiana has committed to continue to operate its ozone monitors in 
the Indiana portion of the Louisville area for the duration of the 
maintenance period. 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 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 its SIP. Indiana has further 
committed that it has the authority to implement the requested SIP 
revision, which would include the maintenance plan for the Indiana 
portion of the Louisville 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

[[Page 30138]]

the ambient ozone monitoring network and the periodic update of the 
area's emissions inventory. Indiana will continue to operate the ozone 
monitors located in the Indiana portion of the Louisville 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 in 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 2017. 
Point source facilities covered by Indiana's emission statement 
program, described below in section VII., will continue to submit VOC 
and NO<INF>X</INF> emissions on an annual basis.
5. What is the contingency plan for the Indiana portion of the 
Louisville 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 assure 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 Louisville area to 
address possible future ozone air quality problems. 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 shall be prompted 
whenever an annual (1-year) 4th high monitored value of 0.074 ppm or 
greater occurs in a single ozone season or a two-year average 4th high 
monitored value of 0.071 ppm or greater occurs within the maintenance 
area. A warning level response will require Indiana to conduct a study. 
The study would assess whether the ozone value indicates a trend toward 
a higher ozone value and 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, taking 
into account ease and timing of implementation. Any implementation of 
necessary controls in response to a warning level response trigger will 
occur within 12 months of the conclusion of the ozone season.
    In Indiana's plan, an action level response will be triggered if a 
three-year design value exceeds the level of the 2015 ozone NAAQS 
(0.070 ppm). When an action level response is triggered and not found 
to be due to an exceptional event, malfunction, or noncompliance with a 
permit condition or rule requirement, Indiana will determine what 
additional control measures are needed to ensure future attainment of 
the 2015 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. Indiana 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 (although Indiana is not limited to 
the measures on this list):

1. A vehicle/maintenance program
2. Asphalt paving (lower VOC formation)
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. NO<INF>X</INF> RACT

    To qualify as a contingency measure, emissions reductions from that 
measure must not be factored into the emissions projections used in the 
maintenance plan.
    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 Louisville 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 
Indiana for the Louisville 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 new air quality violations, 
worsen existing air quality problems, or delay timely attainment of the 
NAAQS or interim air quality milestones. Regulations at 40 CFR part 93 
set forth EPA policy, criteria, and procedures for demonstrating and 
ensuring conformity of transportation activities to a SIP. 
Transportation conformity is a requirement for nonattainment and 
maintenance areas.
    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 standard 
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 budgets for 
criteria pollutants, including ozone, and their precursor pollutants 
(VOC and NO<INF>X</INF>) 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.

[[Page 30139]]

    Under 40 CFR part 93, budgets 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 serve as a ceiling on emissions from an area's planned 
transportation system. The budgets 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 budgets in 
the SIP and how to revise the budgets, if needed, subsequent to 
initially establishing the budgets in the SIP.
    As discussed earlier, Indiana's maintenance plan includes 
NO<INF>X</INF> and VOC budgets for the Indiana portion of the 
Louisville area for 2019, which is the attainment year, as well as 
2035, which is the last year of the maintenance period. 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 2015 ozone NAAQS.

                 Table 5--Motor Vehicle Emission Budgets for the Louisville Area for the 2019 Attainment Year and 2035 Maintenance Year
                                                               [Tons per ozone season day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       2019 Attainment year                            2035 Maintenance year
                                                         -----------------------------------------------------------------------------------------------
                                                           Projected on-   Safety margin                   Projected on-   Safety margin
                                                          road emissions    allocation     Total budgets  road emissions    allocation     Total budgets
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX.....................................................           33.03               0           33.03           14.94            2.24           17.18
VOCs....................................................           13.65               0           13.65            4.79            0.72            5.51
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 5, the 2035 budgets exceed the estimated 2035 on-
road sector emissions. In an effort to accommodate future variations in 
travel demand models and vehicle miles traveled forecast, IDEM 
allocated to the mobile sector a portion of the safety margin, as 
described further below. Indiana has demonstrated that the Indiana 
portion of the Louisville area can maintain the 2015 ozone NAAQS in the 
2035 maintenance year with mobile source emissions of 17.18 tons per 
ozone season day of NO<INF>X</INF> and 5.51 tons per ozone season day 
of VOCs. Despite partial allocation of the safety margin, emissions 
will remain under emission levels in the 2019 attainment year.
    EPA is proposing to approve the budgets for use to determine 
transportation conformity in the Indiana portion of the Louisville 
area, because EPA has determined that the area can maintain attainment 
of the 2015 ozone NAAQS for the relevant maintenance period with mobile 
source emissions at the levels of the budgets.

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 3 and 4, 
the emissions in the Indiana portion of the Louisville area are 
projected to have safety margins of 6.85 tons per ozone season day for 
NO<INF>X</INF> and 2.01 tons per ozone season day for VOC in 2035 (the 
difference between emissions in the 2019 attainment year, and projected 
emissions in the 2035 maintenance year, for all sources in the Indiana 
portion of the Louisville area). Even if emissions exceeded projected 
levels by the full amount of the safety margin, the area would still 
demonstrate maintenance since emission levels would equal those in the 
attainment year.
    As shown in Table 5 above, Indiana is allocating a portion of that 
safety margin to the mobile source sector. In 2035, Indiana is 
allocating 2.24 tons per ozone season day and 0.72 tons per ozone 
season day of the NO<INF>X</INF> and VOC safety margins, respectively. 
Indiana is not requesting allocation to the budgets of the entire 
available safety margins reflected in the demonstration of maintenance. 
In fact, the amount allocated to the budgets represents only a portion 
of the 2035 safety margins. Therefore, even though the State is 
requesting budgets that exceed the projected on-road mobile source 
emissions for 2035 contained in the demonstration of maintenance, the 
increase in on-road mobile source emissions that can be considered for 
transportation conformity purposes is within the safety margins of the 
ozone maintenance demonstration. Further, once allocated to mobile 
sources, these safety margins will not be available for use by other 
sources.

VI. Base Year Emissions Inventory

    As discussed above, sections 172(c)(3) and 182(a)(1) of the CAA 
require areas to submit a base year emissions inventory. For the 2015 
ozone NAAQS, EPA specifies that states submit ozone season day 
emissions estimates for an inventory calendar year to be consistent 
with the base year for RFP plans as required by 40 CFR 51.1310(b). For 
the RFP base year for the 2015 ozone NAAQS under 40 CFR 51.1310(b), 
states may use a calendar year for the most recently available complete 
triennial emissions inventory (40 CFR 51, subpart A) preceding the year 
of the area's effective date of designation as a nonattainment area (83 
FR 62998).\8\ States are required to submit estimates of NO<INF>X</INF> 
and VOC emissions for four general classes of anthropogenic sources: 
Point sources; nonpoint sources; on-road mobile sources; and nonroad 
mobile sources. In addition, states may include biogenic emissions as 
well as event emissions, which are discrete and short-lived sources 
such as wildfires. See the SIP requirements for the 2015 ozone standard 
in EPA's December 6, 2018 implementation rule (83 FR 62998), and EPA's 
2017 document ``Emissions Inventory Guidance for Implementation of 
Ozone and Particulate Matter National Ambient Air Quality Standards 
(NAAQS) and Regional Haze Regulations.'' \9\
---------------------------------------------------------------------------

    \8\ The RFP requirements specified in CAA section 182(b)(1) 
applies to all ozone nonattainment areas classified Moderate or 
higher.
    \9\ https://www.epa.gov/sites/default/files/2016-12/documents/2016_ei_guidance_for_naaqs.pdf.
---------------------------------------------------------------------------

    In its January 21, 2021, submittal, Indiana requested that EPA 
approve into its SIP an inventory addressing the emissions inventory 
requirement of CAA section 182(a)(1). Indiana's SIP revision included 
inventories of NO<INF>X</INF> and VOC emissions for several 
nonattainment areas, including the Indiana portion of the Louisville 
area, for the year 2017. At the time of its

[[Page 30140]]

submittal, data for 2017 was the most recent comprehensive, accurate, 
and quality assured triennial emissions inventory in the NEI database.
    The primary source for Indiana's 2017 inventory is the annual 
emissions data contained in the 2017 NEI. In developing this inventory, 
Indiana estimated emissions per ozone season day. To convert annual 
emissions data to ozone season day values, emissions from June to 
August, IDEM extracted data from EPA's 2017 Emissions modeling platform 
and calculated a conversion factor for the EGU, point, nonpoint, on-
road, nonroad categories.\10\
---------------------------------------------------------------------------

    \10\ https://www.epa.gov/air-emissions-modeling/2017-emissions-modeling-platform.
---------------------------------------------------------------------------

    NO<INF>X</INF> and VOC emissions data for the year 2017 are shown 
in Tables 6 and 7 below. Data are expressed in terms of tons per ozone 
season day.

          Table 6--NOX Emissions for Counties in the Indiana Portion of the Area for the 2017 Base Year
                                           [Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
                                  Point       Nonpoint       On-road       Nonroad         EGU          Total
----------------------------------------------------------------------------------------------------------------
Indiana.....................         1.58          2.05         11.03          1.92          1.12         17.70
----------------------------------------------------------------------------------------------------------------


    Table 7--VOC Emissions for Counties in the Indiana Portion of the Louisville Area for the 2017 Base Year
                                           [Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
                                  Point       Nonpoint       On-road       Nonroad         EGU          Total
----------------------------------------------------------------------------------------------------------------
Indiana.....................         2.12         11.21          4.41          1.14          0.03         18.91
----------------------------------------------------------------------------------------------------------------

    Indiana's January 21, 2021, emissions inventory submission includes 
a demonstration showing that CAA section 110(l) does not prohibit 
approval of this SIP revision; such a demonstration is sometimes called 
an anti-backsliding demonstration. Section 110(l) provides that EPA 
cannot approve a SIP revision if the revision would interfere with 
attainment and maintenance of the NAAQS, reasonable further progress, 
or any other applicable requirement of the CAA. IDEM is making this 
submission as required by CAA sections 172(c)(3) and 182(a)(1), and 
approval of the 2017 base year inventories would strengthen the Indiana 
SIP and would not interfere with any applicable CAA requirement.
    EPA reviewed Indiana's January 21, 2021, submittal for consistency 
with sections 172(c)(3) and 182(a)(1) of the CAA, and with EPA's 
emissions inventory requirements. In particular, EPA reviewed the 
techniques used by IDEM to derive and quality assure the emissions 
estimates. The documentation of the emissions estimation procedures is 
thorough and is adequate for EPA to determine that Indiana followed 
acceptable procedures to estimate the emissions. Accordingly, we 
propose to conclude that Indiana has developed inventories of 
NO<INF>X</INF> and VOC emissions that are comprehensive and complete. 
EPA therefore proposes to approve the emissions inventory for the 
Indiana portion of the Louisville area in Indiana's January 21, 2021, 
submittal and shown above in Tables 6 and 7 as meeting the emissions 
inventory requirements of sections 172(c)(3) and 182(a)(1) of the CAA.
    In this rulemaking, EPA is only evaluating the portions of 
Indiana's January 21, 2021, emissions inventory submittal relating to 
the Indiana portion of the Louisville area. EPA is not evaluating 
inventories relating to other nonattainment areas. Instead, EPA will 
evaluate these inventories in a separate rulemaking.

VII. Emissions Statement

    Section 182(a)(3)(B) of the CAA requires states to include 
regulations in the SIP to require sources (source facilities) to submit 
annual statements characterizing sources of NO<INF>X</INF> and VOC 
emission within the source facilities and to report actual 
NO<INF>X</INF> and VOC emissions for these sources. IDEM confirmed in 
the January 21, 2021, submittal and September 10, 2021, supplement that 
IDEM's emissions reporting rule at 326 Indiana Administrative Code 
(IAC) 2-6, remains in place and adequate to meet the CAA section 
182(a)(3)(B) emission statement requirement for the 2015 ozone 
standard. This rule specifically requires all facilities located in 
Lake, Porter, Clark, and Floyd Counties that emit greater than or equal 
to 25 tons/year of NO<INF>X</INF> or VOC during the reporting year to 
submit annual emissions statements.
    EPA approved IDEM's emissions reporting rule, IAC 2-6, into the 
Indiana SIP on June 16, 2021, 86 FR 31922, and it is currently being 
implemented. The rule requires sources of NO<INF>X</INF> and VOC in 
Lake, Porter, Clark, and Floyd Counties to annually report emissions if 
the sources emit NO<INF>X</INF> or VOC equaling or exceeding 25 tons 
per year. Therefore, IDEM's rule IAC 2-6 meet the requirements of CAA 
section 182(a)(3)(B).

VIII. What action is EPA taking?

    EPA is proposing to determine that the Indiana portion of the 
Louisville nonattainment area is attaining the 2015 ozone NAAQS, based 
on quality-assured and certified monitoring data for 2019-2021 as 
presented in Indiana's February 21, 2022 submittal. EPA is proposing to 
approve portions of Indiana's January 21, 2021, submittal as meeting 
the base year emissions inventory and emissions statement requirements 
of sections 182(a)(1) and 182(a)(3), respectively. EPA is proposing to 
determine that upon final approval of Indiana's 2017 base year 
emissions inventory and emission statement SIP, the area 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 Louisville area from nonattainment to attainment 
for the 2015 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 
Louisville area in attainment of the 2015 ozone NAAQS through 2035. EPA 
finds adequate and is proposing to approve the newly-established 2035 
budgets for the Louisville area.

[[Page 30141]]

IX. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, the proposed actions to approve Indiana's SIP submissions 
merely approves state law as meeting Federal requirements and does not 
impose additional requirements beyond those imposed by state law. For 
that these reasons, this action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Dated: May 11, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-10556 Filed 5-17-22; 8:45 am]
BILLING CODE 6560-50-P


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