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.

Proposed Rules Federal Register

30129 

Vol. 87, No. 96 

Wednesday, May 18, 2022 

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. 

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 

(NOX) 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 

arra.sarah@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

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, 

lee.andrew.c@epa.gov. 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: 


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2The monitor ozone design value for the monitor 

with the highest 3-year averaged concentration. 

(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

County Monitor 

2019 

4th high 

(ppm) 

2020 

4th high 

(ppm) 

2021 

4th high 

(ppm) 

2019–2021 

Average 

(ppm) 

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 

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. 

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 


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3EPA 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. 

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). 

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., NOX 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-AkronLoraine, Ohio final rulemaking, 61 FR 

20458 (May 7, 1996); and Tampa, 

Florida final rulemaking, 60 FR 62748 

(December 7, 1995). See also the 

discussion of this issue in the 

Cincinnati, Ohio ozone redesignation 

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

Pittsburgh, Pennsylvania ozone 

redesignation (66 FR 50399, October 19, 

2001). 

We have reviewed Indiana’s SIP and 

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 


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

submit revisions to their SIPs to reflect certain 

Federal criteria and procedures for determining 

transportation conformity. Transportation 

conformity SIPs are different from SIPs requiring 

the development of motor vehicle emission budgets, 

such as control strategy SIPs and maintenance 

plans. 

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). 

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 NOX 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 


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5 In a December 27, 2011 rulemaking, EPA 

included Indiana in the ozone season NOX program, 

addressing the 1997 ozone NAAQS (76 FR 80760). 

to submit a revision to the SIP to require 

the owners or operators of stationary 

sources to annually submit emissions 

statements documenting actual NOX 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 NOX

emissions resulting from state measures 

adopted into the SIP and Federal 

measures. 

In making this demonstration, the 

State has calculated the change in 

emissions between 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 NOX Controls 

CAIR/CSAPR. Under the ‘‘good 

neighbor provision’’ of CAA section 

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

address interstate transport of air 

pollution. Specifically, the good 

neighbor provision provides that each 

state’s SIP must contain provisions 

prohibiting emissions from within that 

state which will contribute significantly 

to nonattainment of the NAAQS, or 

interfere with maintenance of the 

NAAQS, in any other state. 

On May 12, 2005, EPA published 

CAIR, which required eastern states, 

including Indiana, to prohibit emissions 

consistent with annual and ozone 

season NOX budgets and annual sulfur 

dioxide (SO2) budgets (70 FR 25152). 

CAIR addressed the good neighbor 

provision for the 1997 ozone NAAQS 

and 1997 fine particulate matter (PM2.5) 

NAAQS and was designed to mitigate 

the impact of transported NOX

emissions, a precursor of both ozone 

and PM2.5, as well as transported SO2

emissions, another precursor of PM2.5. 

The United States Court of Appeals for 

the District of Columbia Circuit (D.C. 

Circuit) remanded CAIR to EPA for 

replacement in 2008. North Carolina v. 

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

1176 (2008). While EPA worked on 

developing a replacement rule, 

implementation of the CAIR program 

continued as planned with the NOX

annual and ozone season programs 

beginning in 2009 and the SO2 annual 

program beginning in 2010. 

On August 8, 2011 (76 FR 48208), 

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

published CSAPR to replace CAIR and 

to address the good neighbor provision 

for the 1997 ozone NAAQS, the 1997 

PM2.5 NAAQS, and the 2006 PM2.5

NAAQS.5 Through Federal 

Implementation Plans, CSAPR required 

electric generating units (EGUs) in 

eastern states, including Indiana, to 

meet annual and ozone season NOX

budgets and annual SO2 budgets 

implemented through new trading 

programs. After delays caused by 

litigation, EPA started implementing the 

CSAPR trading programs in 2015, 

simultaneously discontinuing 

administration of the CAIR trading 

programs. On October 26, 2016, EPA 

published the CSAPR Update, which 

established, starting in 2017, a new 

ozone season NOX trading program for 

EGUs in eastern states, including 

Indiana, to address the good neighbor 

provision for the 2008 ozone NAAQS 

(81 FR 74504). The CSAPR Update was 

estimated to result in a 20% reduction 

in ozone season NOX emissions from 

EGUs in the eastern United States, a 

reduction of 80,000 tons in 2017 

compared to 2015 levels. 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 NOX emissions from EGUs 

by 17,000 tons beginning in 2021, 

compared to emissions without the rule. 

The reduction in NOX emissions from 

the implementation of CAIR and then 

CSAPR occurred by the attainment years 

and additional emission reductions will 

occur throughout the maintenance 

period. 

b. Federal Emission Control Measures 

Reductions in VOC and NOX

emissions have occurred statewide and 

in upwind areas as a result of Federal 

emission control measures, with 

additional emission reductions expected 

to occur in the future. Federal emission 

control measures include the following: 

Tier 3 Emission Standards for 

Vehicles and Gasoline Sulfur Standards. 


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6https://www.epa.gov/air-emissions-inventories/ 

2014-national-emissions-inventory-neitechnicalsupport-document-tsd and https://

www.epa.gov/air-emissions-modeling/2016-version2-technical-support-document. 

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 NOX, 

presented as NMOG+NOX, and for 

particulate matter. The VOC and NOX

tailpipe standards for light-duty 

vehicles represent approximately an 

80% reduction in fleet average 

NMOG+NOX 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+NOX 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 gasolinepowered 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 

NOX, VOC and PM were phased in 

between model years 2007 and 2010. In 

addition, the rule reduced the highway 

diesel fuel sulfur content to 15 parts per 

million by 2007, leading to additional 

reductions in combustion NOX and VOC 

emissions. EPA has estimated future 

year emission reductions due to 

implementation of this rule. EPA 

estimated that by 2015 NOX and VOC 

emissions would decrease nationally by 

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

respectively, and that by 2030 NOX 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 onroad 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 nonroad diesel engines and sulfur 

reductions in non-road diesel fuel. This 

rule applies to diesel engines used 

primarily in construction, agricultural, 

and industrial applications. Emission 

standards were phased in for the 2008 

through 2015 model years based on 

engine size. The sulfur limits for nonroad diesel fuels were phased in from 

2007 through 2012. EPA estimates that 

now fully implemented, compliance 

with this rule will cut NOX 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 groundservice equipment; recreational vehicles 

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

recreational marine diesel engines. 

These emission standards were phased 

in from model 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 NOX

emissions. As projected by these 

estimates and demonstrated in the nonroad 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 NOX emissions 

from these engines. Final Tier 3 

emission standards applied beginning in 

2016 and are expected to result in 

approximately an 80% reduction in 

NOX from these engines. As projected 

by these estimates and demonstrated in 

the non-road emission modeling for the 

Indiana portion of the 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. 

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 NOX and VOC tons per summer 

day. KIPDA’s and APCD’s analysis 

relied on local travel inputs including 

demographic data, travel demand 


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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 NOX 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 NOX 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 

2017 2019 Net change 

(2017–2019) 2017 2019 Net change (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, NOX 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. NOX 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 


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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 

NOX. 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 NOX

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] 

2017 2019 2030 2035 Net change 

(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 


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7https://www.epa.gov/air-emissions-modeling/ 

2016v2-platform. 

TABLE 3—NOX EMISSIONS IN THE LOUISVILLE AREA FOR THE 2017 NONATTAINMENT YEAR, 2019 ATTAINMENT YEAR, 

2030 INTERIM YEAR, AND 2035 MAINTENANCE YEAR—Continued 

[Tons per summer day] 

2017 2019 2030 2035 Net change 

(2019–2035) 

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] 

2017 2019 2030 2035 Net change 

(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, NOX 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. NOX 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 

NOX 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. 

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 


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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 NOX

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. NOX 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 NOX) to address pollution 

from on-road transportation sources. 

The budgets are the portion of the total 

allowable emissions that are allocated to 

highway and transit vehicle use that, 

together with emissions from other 

sources in the area, will provide for 

attainment or maintenance. See 40 CFR 

93.101. 


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8The RFP requirements specified in CAA section 

182(b)(1) applies to all ozone nonattainment areas 

classified Moderate or higher. 

9https://www.epa.gov/sites/default/files/2016-12/ 

documents/2016_ei_guidance_for_naaqs.pdf. 

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 NOX 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-road 

emissions 

Safety 

margin 

allocation 

Total 

budgets 

Projected 

on-road 

emissions 

Safety 

margin 

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 onroad 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 NOX 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 

NOX 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 NOX 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 NOX 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

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 NOX

and VOC emissions for several 

nonattainment areas, including the 

Indiana portion of the Louisville area, 

for the year 2017. At the time of its 


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

2017-emissions-modeling-platform. 

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

NOX 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 NOX 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 NOX and VOC 

emission within the source facilities and 

to report actual NOX 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 NOX 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 NOX and VOC 

in Lake, Porter, Clark, and Floyd 

Counties to annually report emissions if 

the sources emit NOX 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. 


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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: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2021–0664; FRL–8511–01– 

OAR] 

RIN 2060–AV30 

Review of Standards of Performance 

for Automobile and Light Duty Truck 

Surface Coating Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: This proposal presents the 

preliminary results of the 

Environmental Protection Agency’s 

(EPA’s) review of the New Source 

Performance Standards (NSPS) for 

Automobile and Light Duty Truck 

Surface Coating Operations as required 

by the Clean Air Act (CAA). The EPA 

is proposing, in a new NSPS subpart, 

revised volatile organic compound 

(VOC) emission limits for prime coat, 

guide coat, and topcoat operations for 

affected facilities that commence 

construction, modification or 

reconstruction after May 18, 2022. In 

addition, the EPA is proposing 

amendments under the new NSPS 

subpart: Revision of the plastic parts 

provision; updates to the control 

devices and control device testing and 

monitoring requirements; revision of the 

transfer efficiency provisions; revision 

of the recordkeeping and reporting 

requirements, the addition of work 

practices to minimize VOC emissions; 

the addition of electronic reporting; 

clarification of the requirements for 

periods of startup, shutdown and 

malfunction; and other amendments to 

harmonize the new NSPS subpart and 

Automobile and Light Duty Truck 

Surface Coating National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) requirements. The EPA is 

also proposing to amend NSPS subpart 

MM to apply to sources that commence 

construction, reconstruction, or 

modification after October 5, 1979, and 

on or before May 18, 2022 and to add 

electronic reporting requirements. 

DATES: Comments must be received on 

or before July 18, 2022. Under the 

Paperwork Reduction Act (PRA), 

comments on the information collection 

provisions are best assured of 

consideration if the Office of 

Management and Budget (OMB) 

receives a copy of your comments on or 

before June 17, 2022. 

Public hearing: If anyone contacts us 

requesting a public hearing on or before 

May 23, 2022, we will hold a virtual 

public hearing. See SUPPLEMENTARY

INFORMATION for information on 

requesting and registering for a public 

hearing. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2021–0664, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2021–0664 in the subject line of the 

message. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2021– 

0664. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Docket ID No. EPA–HQ–OAR–2021– 

0664, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand/Courier Delivery: EPA Docket 

Center, WJC West Building, Room 3334, 

1301 Constitution Avenue NW, 

Washington, DC 20004. The Docket 

Center’s hours of operation are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

federal holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 


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