Approval and Promulgation of Air Quality Implementation Plans; Indiana; Redesignation of the Indianapolis Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter, 59512-59527 [2011-24373]
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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations
5.0 Standards for Package and Extra
Service Barcodes
Forms
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12.3.2
AS
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5.1
[Revise 12.3.2 by adding a new third
sentence as follows:]
* * * Effective January 7, 2013,
privately printed forms must include an
Intelligent Mail package barcode
prepared under 9.3.6 and 708.5.0, and
must retain the human-readable text,
label design elements and color
consistent with USPS Form 3816–AS.
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507
Mailer Services
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9.0
Business Reply Mail
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9.4
General Information
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9.4.3
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Services
[Revise 9.4.3 as follows:]
No extra services are permitted with
BRM, except for BRM parcels bearing a
USPS-approved Delivery Confirmation
service label, or BRM parcels bearing an
Intelligent Mail package barcode
including Delivery Confirmation
service.
700
Special Standards
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705 Advanced Preparation and
Special Postage Payment Systems
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7.0 Combining Package Services and
Parcel Select Parcels for Destination
Entry
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Qualification
[Revise the last sentence of 7.1.1 as
follows:]
* * * Parcels claiming destination
entry pricing must bear a unique
Intelligent Mail package barcode or
extra services barcode, including a
postal routing code, prepared under
708.5.0. Effective January 7, 2013,
parcels claiming destination entry
prices must include a unique Intelligent
Mail package barcode with a postal
routing code.
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708
Technical Specifications
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5.1.4
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Physical Barcode Requirements
[Revise the introductory paragraph of
5.1.4 as follows:]
Detailed physical specifications for
barcodes are provided in the resource
documents, available on RIBBS at
https://ribbs.usps.gov/. Physical barcode
requirements are as follows:
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[Revise 5.1.4d as follows:]
d. Barcode Height: unless allowed by
exception, the minimum height must be
at least 0.75 inch.
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g. Human-Readable Representation of
Barcode Data and Service Banner: text
must be printed in accordance with
Exhibit 5.1.4 and as follows:
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[Revise 5.1.4g2 as follows:]
2. Service Banners must include the
human-readable text ‘‘USPS Signature
Tracking #’’ (or ‘‘USPS Signature
Tracking Number’’) for mailpieces
requiring a signature at delivery and
‘‘USPS Tracking #’’ (or ‘‘USPS Tracking
Number’’) for all other mailpieces.
Service Banner text shown in Exhibit
5.1.4 is an example. See Appendix I in
Publication 199 or Publication 91
(addendum appendix H) at https://
ribbs.usps.gov/ for additional
information.
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[To reflect new barcode format, replace
current Exhibit 5.1.4 with a new
Exhibit 5.1.4 as follows:]
Exhibit 5.1.4
5.18 Alternate Approval
Labels not meeting IMpb
specifications or other label element
standards, but are still able to
demonstrate acceptable functionality
within USPS processes, may be allowed
using an alternative approval process
authorized by the vice president,
Product Information.
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5.2
Other Package Barcodes
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[Renumber current 5.2.11 and 5.2.12 as
the new 5.2.12 and 5.2.13, and add
a new 5.2.11 as follows:]
5.2.10 Service Banner Text
Except with Certified Mail, Registered
Mail, Adult Signature, Parcel Return
Service, and Express Mail or Priority
Mail Open and Distribute services,
mailers preparing extra service barcodes
under 5.2 may optionally use a ‘‘USPS
Tracking #’’ human-readable service
banner text above the barcode on
packages not requiring a signature at
delivery, and a ‘‘USPS Signature
Tracking #’’ service banner text above
the barcode on packages where a
signature is required at delivery.
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We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2011–24705 Filed 9–26–11; 8:45 am]
BILLING CODE 7710–12–P
Barcode Specifications
[Placeholder for revised barcode
exhibit.]
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ENVIRONMENTAL PROTECTION
AGENCY
5.1.7
7.1 Combining Parcels—DSCF and
DDU Entry
7.1.1
Intelligent Mail Package Barcode
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Privately Printed Form 3816–
destination ZIP + 4 code, or each
destination delivery address.
[Add a new 5.18 as follows:]
40 CFR Parts 52 and 81
Electronic File
* * * Electronic files must include
the following elements:
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[Add a new 5.1.7d and 5.1.7e as
follows:]
d. Effective January 7, 2013, mailers of
commercial parcels, except Standard
Mail parcels and parcels bearing PC
Postage, claiming presort or destination
entry pricing must use version 1.6 (or
subsequent versions) of the electronic
shipping services manifest files
including each destination ZIP + 4 code,
or each destination delivery address.
e. Mailers using a PC Postage system
must use version 1.6 (or subsequent
versions) of the electronic shipping
services manifest files, including each
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[EPA–R05–OAR–2009–0839; FRL–9469–6]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Redesignation of the Indianapolis Area
to Attainment of the 1997 Annual
Standard for Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving Indiana’s
request to redesignate the Indianapolis,
Indiana nonattainment area (Hamilton,
Hendricks, Johnson, Marion, and
Morgan Counties) to attainment for the
1997 annual National Ambient Air
Quality Standard (NAAQS or standard)
SUMMARY:
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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations
for fine particulate matter (PM2.5),
because the request meets the statutory
requirements for redesignation under
the Clean Air Act (CAA). The Indiana
Department of Environmental
Management (IDEM) submitted this
request to EPA on October 20, 2009 and
supplemented it on May 31, 2011. EPA’s
approval involves several additional
related actions. EPA is making a
determination that the Indianapolis area
has attained the 1997 annual PM2.5
standard. EPA is approving, as a
revision to the Indiana State
Implementation Plan (SIP), the State’s
plan for maintaining the 1997 annual
PM2.5 NAAQS through 2025 in the area.
EPA is approving the 2006 emissions
inventory for the Indianapolis area as
meeting the comprehensive emissions
inventory requirement of the CAA.
Finally, EPA finds adequate and is
approving Indiana’s Nitrogen Oxides
(NOX) and PM2.5 Motor Vehicle
Emission Budgets (MVEBs) for 2015 and
2025 for the Indianapolis area.
DATES: This direct final rule will be
effective November 28, 2011, unless
EPA receives adverse comments by
October 27, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0839, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: Aburano.Douglas@epa.gov.
• Fax: (312) 408–2779.
• Mail: Doug Aburano, Chief, Control
Strategies Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
• Hand Delivery: Doug Aburano,
Control Strategies Section, Air Programs
Branch, (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, 18th Floor, Chicago, Illinois
60604. Such deliveries are only
accepted during the Regional Office’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2009–
0839. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
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Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects
and viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Kathleen D’Agostino at
(312) 886–1767 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767, or
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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I. What actions is EPA taking?
II. What is the background for these actions?
III. What are the criteria for redesignation to
attainment?
IV. What is EPA’s analysis of the state’s
request?
A. Attainment Determination and
Redesignation
B. Adequacy of Indiana’s MVEBs
C. 2006 Comprehensive Emissions
Inventory
V. Summary of Actions
VI. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is making a determination that
the Indianapolis area is attaining the
1997 annual PM2.5 standard and that the
area has met the requirements for
redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus approving the
request from IDEM to change the legal
designation of the Indianapolis area
from nonattainment to attainment for
the 1997 annual PM2.5 NAAQS. EPA is
also taking several additional actions
related to Indiana’s PM2.5 redesignation
request, as discussed below.
EPA is approving Indiana’s PM2.5
maintenance plan for the Indianapolis
area as a revision to the Indiana SIP
(such approval being one of the CAA
criteria for redesignation to attainment
status). The maintenance plan is
designed to keep the Indianapolis area
in attainment of the 1997 annual PM2.5
NAAQS through 2025.
EPA is approving 2006 emissions
inventories for primary PM2.5,1 NOX,
and Sulfur Dioxide (SO2),2 documented
in Indiana’s May 31, 2011, PM2.5
redesignation request supplemental
submittal. These emissions inventories
satisfy the requirement in section
172(c)(3) of the CAA for a
comprehensive, current emission
inventory.
Finally, EPA finds adequate and is
approving 2015 and 2025 primary PM2.5
and NOX MVEBs for the Indianapolis
area. These MVEBs will be used in
future transportation conformity
analyses for the area.
II. What is the background for these
actions?
The first air quality standards for
PM2.5 were promulgated on July 18,
1997, at 62 FR 38652. EPA promulgated
an annual standard at a level of 15
micrograms per cubic meter (mg/m3) of
ambient air, based on a three-year
average of the annual mean PM2.5
1 Fine particulates directly emitted by sources
and not formed in a secondary manner through
chemical reactions or other processes in the
atmosphere.
2 NO and SO are precursors for fine particulates
X
2
formed through chemical reactions and other
related processes in the atmosphere.
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concentrations at each monitoring site.
In the same rulemaking, EPA
promulgated a 24-hour PM2.5 standard at
65 mg/m3, based on a three-year average
of the annual 98th percentile of 24-hour
PM2.5 concentrations at each monitoring
site.
On January 5, 2005, at 70 FR 944, EPA
published air quality area designations
and classifications for the 1997 annual
PM2.5 standard based on air quality data
for calendar years 2001–2003. In that
rulemaking, EPA designated the
Indianapolis, IN area as nonattainment
for the 1997 annual PM2.5 standard.
On October 17, 2006, at 71 FR 61144,
EPA retained the annual PM2.5 standard
at 15 mg/m3 (2006 annual PM2.5
standard), but revised the 24-hour
standard to 35 mg/m3, based again on the
three-year average of the annual 98th
percentile of the 24-hour PM2.5
concentrations. In response to legal
challenges of the 2006 annual PM2.5
standard, the U.S. Court of Appeals for
District of Columbia Circuit (D.C.
Circuit) remanded this standard to EPA
for further consideration. See American
Farm Bureau Federation and National
Pork Producers Council, et al. v. EPA,
559 F.3d 512 (D.C. Cir. 2009). However,
given that the 1997 and 2006 annual
PM2.5 standards are essentially
identical, attainment of the 1997 annual
PM2.5 standard would also indicate
attainment of the remanded 2006 annual
standard. Since the Indianapolis area is
designated as nonattainment only for
the 1997 annual PM2.5 standard, today’s
proposed action addresses redesignation
to attainment only for this standard.
Fine particulate pollution can be
emitted directly from a source (primary
PM2.5) or formed secondarily through
chemical reactions in the atmosphere
involving precursor pollutants emitted
from a variety of sources. Sulfates are a
type of secondary particulate formed
from SO2 emissions from power plants
and industrial facilities. Nitrates,
another common type of secondary
particulate, are formed from combustion
of NOX emissions from power plants,
mobile sources, and other combustion
sources.
III. What are the criteria for
redesignation to attainment?
The CAA sets forth the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) of the CAA allows
redesignation provided that: (1) The
Administrator determines that the area
has attained the applicable NAAQS; (2)
the Administrator has fully approved
the applicable SIP for the area under
section 110(k) of the CAA; (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from the
implementation of the applicable SIP,
Federal emission control regulations,
and other permanent and enforceable
emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area meeting
the requirements of section 175A of the
CAA; and, (5) the state containing the
area has met all requirements applicable
to the area for purposes of redesignation
under section 110 and part D of the
CAA.
IV. What is EPA’s analysis of the state’s
request?
A. Attainment Determination and
Redesignation
EPA is making a determination that
the Indianapolis area has attained the
1997 annual PM2.5 standard and that the
area has met all other applicable
redesignation criteria under CAA
section 107(d)(3)(E). The basis for EPA’s
approval of the redesignation request is
as follows:
1. The Area Has Attained the 1997
Annual PM2.5 NAAQS (Section
107(d)(3)(E)(i))
EPA is making a determination that
the Indianapolis area has attained the
1997 annual PM2.5 NAAQS. An area
may be considered to be attaining the
1997 annual PM2.5 NAAQS if there are
no violations, as determined in
accordance with 40 CFR 50.7 and part
50, Appendix N, based on three
complete consecutive calendar years of
quality-assured air quality monitoring
data. To attain this standard, the threeyear average of annual means must not
exceed 15.0 mg/m3 at all relevant
monitoring sites in the subject area.
Under 40 CFR part 50, Appendix N 4.1,
a year of PM2.5 data meets completeness
requirements when ‘‘at least 75 percent
of the scheduled sampling days for each
quarter has valid data.’’
The redesignation request includes
monitoring data showing attainment of
the standard for the 2006–2008, 2007–
2009, and 2008–2010 time periods. All
of the PM2.5 monitors in the
Indianapolis area are located in Marion
County. Table 1, below, provides a
summary of the PM2.5 annual air quality
monitoring data for the years 2006–
2010. Table 2, below, provides the
three-year average of annual means for
the 2006–2008, 2007–2009, and 2008–
2010 time periods.
TABLE 1—PM2.5 ANNUAL MEAN PM2.5 CONCENTRATIONS FOR THE INDIANAPOLIS AREA
[μg/m3]
Yearly annual mean
Monitor
2006
Indianapolis—Washington Park 180970078 ....
Indianapolis—W. 18th Street 180970081 ........
Indianapolis—E. Michigan Street 180970083
2007
14.14
14.12
14.15
2008
15.66
16.07
15.93
2009
13.02
13.75
13.17
2010
12.11
12.96
12.40
12.86
14.03
13.91
TABLE 2—THREE-YEAR AVERAGE OF THE ANNUAL MEAN PM2.5 CONCENTRATIONS FOR THE INDIANAPOLIS AREA
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[μg/m3]
Monitor
2006–2008
Indianapolis—Washington Park 180970078 ...................................................................
Indianapolis—E. 75th Street 180970081 .........................................................................
Indianapolis—E. Michigan Street 180970083 .................................................................
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The data in tables 1 and 2 show that
all relevant PM2.5 monitors in the
Indianapolis PM2.5 nonattainment area
have recorded PM2.5 concentrations
attaining the 1997 annual PM2.5
standard during the 2006–2008, 2007–
2009, and 2008–2010 time periods.
These annual average PM2.5
concentrations are based on complete
PM2.5 monitoring data that have been
quality-assured and stored in EPA’s Air
Quality System (AQS) database.
Therefore, EPA concludes that the
Indianapolis area has attained the 1997
PM2.5 standard. Preliminary data
available for 2011 are consistent with
continued attainment.
2. The Area Has Met All Applicable
Requirements Under Section 110 and
Part D; and the Area Has a Fully
Approved SIP Under Section 110(k)
(Sections 107(d)(3)(E)(v) and
107(d)(3)(E)(ii))
We have determined that Indiana’s
SIP meets all applicable SIP
requirements for purposes of
redesignation for the Indianapolis area
under section 110 of the CAA (general
SIP requirements) and all SIP
requirements currently applicable for
purposes of redesignation under part D
of Title I of the CAA, in accordance with
section 107(d)(3)(E)(v). In addition, with
the exception of the emissions inventory
under section 172(c)(3), we have
approved all applicable requirements of
the Indiana SIP for purposes of
redesignation, in accordance with
section 107(d)(3)(E)(ii). As discussed
below, in this action EPA is approving
Indiana’s 2006 emissions inventory as
meeting the section 172(c)(3)
comprehensive emissions inventory
requirement.
In making these determinations, we
have ascertained which SIP
requirements are applicable to the area
for purposes of redesignation, and have
determined that there are SIP measures
meeting those requirements and that
they are fully approved under section
110(k) of the CAA.
a. The Indianapolis Area Has Met All
Applicable Requirements for Purposes
of Redesignation Under Section 110 and
Part D of the CAA
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i. Section 110 General SIP Requirements
Section 110(a) of Title I of the CAA
contains the general requirements for a
SIP. Section 110(a)(2) provides that the
implementation plan submitted by a
state must have been adopted by the
state after reasonable public notice and
hearing, and, among other things, must:
Include enforceable emission
limitations and other control measures,
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means or techniques necessary to meet
the requirements of the CAA; provide
for establishment and operation of
appropriate devices, methods, systems,
and procedures necessary to monitor
ambient air quality; provide for
implementation of a source permit
program to regulate the modification
and construction of any stationary
source within the areas covered by the
plan; include provisions for the
implementation of part C, Prevention of
Significant Deterioration (PSD) and part
D, New Source Review (NSR) permit
programs; include criteria for stationary
source emission control measures,
monitoring, and reporting; include
provisions for air quality modeling; and
provide for public and local agency
participation in planning and emission
control rule development.
Section 110(a)(2)(D) of the CAA
requires that SIPs contain measures to
prevent sources in a state from
significantly contributing to air quality
problems in another state. EPA holds
that the requirements linked with a
particular nonattainment area’s
designation are the relevant measures to
evaluate in reviewing a redesignation
request. The transport SIP submittal
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area in the state. Thus, we conclude that
these requirements should not be
construed to be applicable requirements
for purposes of redesignation.
Further, we conclude the other
section 110 elements described above
that are not connected with
nonattainment plan submissions and
not linked with an area’s attainment
status are also not applicable
requirements for purposes of
redesignation. A state remains subject to
these requirements after an area is
redesignated to attainment. We
conclude that only the section 110 and
part D requirements that are linked with
a particular area’s designation are the
relevant measures which we may
consider in evaluating a redesignation
request. This approach is consistent
with EPA’s existing policy on
applicability of conformity and
oxygenated fuels requirements for
redesignation purposes, as well as with
section 184 ozone transport
requirements. See Reading,
Pennsylvania, proposed and final
rulemakings (61 FR 53174–53176,
October 10, 1996) and (62 FR 24826,
May 7, 1997); Cleveland-Akron-Lorain,
Ohio, final rulemaking (61 FR 20458,
May 7, 1996); and Tampa, Florida, final
rulemaking (60 FR 62748, December 7,
1995). See also the discussion on this
issue in the Cincinnati, Ohio 1-hour
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ozone redesignation (65 FR 37890, June
19, 2000), and in the Pittsburgh,
Pennsylvania 1-hour ozone
redesignation (66 FR 50399, October 19,
2001).
We have reviewed Indiana’s SIP and
have concluded that it meets the general
SIP requirements under section 110 of
the CAA to the extent they are
applicable for purposes of
redesignation. EPA has previously
approved provisions of the Indiana SIP
addressing section 110 requirements
(including provisions addressing
particulate matter) at 40 CFR 52.770. On
December 7, 2007, September 9, 2008,
March 23, 2011, and April 7, 2011,
Indiana made submittals addressing
‘‘infrastructure SIP’’ elements required
by section 110(a)(2) of the CAA. EPA
approved elements of Indiana’s
submittals on July 13, 2011, at 76 FR
41075. The requirements of section
110(a)(2), however, are statewide
requirements that are not linked to the
PM2.5 nonattainment status of the
Indianapolis area. Therefore, EPA
believes that these SIP elements are not
applicable requirements for purposes of
review of the State’s PM2.5 redesignation
request.
ii. Part D Requirements
EPA has determined that, upon
approval of the base year emissions
inventories discussed in section IV.C. of
this rulemaking, the Indiana SIP will
meet the applicable SIP requirements
for the Indianapolis area applicable for
purposes of redesignation under part D
of the CAA. Subpart 1 of part D, found
in sections 172–176 of the CAA, sets
forth the basic nonattainment
requirements applicable to all
nonattainment areas.
Subpart 1 Section 172 Requirements
For purposes of evaluating this
redesignation request, the applicable
section 172 SIP requirements for the
Indianapolis area are contained in
sections 172(c)(1)–(9). A thorough
discussion of the requirements
contained in section 172 can be found
in the General Preamble for
Implementation of Title I (57 FR 13498,
April 16, 1992).
Section 172(c)(1) requires the plans
for all nonattainment areas to provide
for the implementation of all
Reasonably Available Control Measures
(RACM) as expeditiously as practicable
and to provide for attainment of the
primary NAAQS. EPA interprets this
requirement to impose a duty on all
nonattainment areas to consider all
available control measures and to adopt
and implement such measures as are
reasonably available for implementation
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in each area as components of the area’s
attainment demonstration. Because
attainment has been reached, no
additional measures are needed to
provide for attainment, and section
172(c)(1) requirements are no longer
considered to be applicable as long as
the area continues to attain the standard
until redesignation. See 40 CFR
51.1004(c).
The Reasonable Further Progress
(RFP) requirement under section
172(c)(2) is defined as progress that
must be made toward attainment. This
requirement is not relevant for purposes
of redesignation because the
Indianapolis area has monitored
attainment of the 1997 annual PM2.5
NAAQS. Id. The requirement to submit
the section 172(c)(9) contingency
measures is similarly not applicable for
purposes of redesignation. Id.
Section 172(c)(3) requires submission
and approval of a comprehensive,
accurate, and current inventory of actual
emissions. Indiana submitted a 2006
base year emissions inventory along
with the redesignation request. As
discussed below in section IV.C., EPA is
approving the 2006 base year inventory
as meeting the section 172(c)(3)
emissions inventory requirement for the
Indianapolis area.
Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources in an area,
and section 172(c)(5) requires source
permits for the construction and
operation of new and modified major
stationary sources anywhere in the
nonattainment area. EPA approved
Indiana’s current NSR program on
October 7, 1994 (59 FR 51108).
Nonetheless, since PSD requirements
will apply after redesignation, the area
need not have a fully-approved NSR
program for purposes of redesignation,
provided that the area demonstrates
maintenance of the NAAQS without
part D NSR. A detailed rationale for this
view is described in a memorandum
from Mary Nichols, Assistant
Administrator for Air and Radiation,
dated October 14, 1994, entitled, ‘‘Part
D New Source Review Requirements for
Areas Requesting Redesignation to
Attainment.’’ Indiana has demonstrated
that the Indianapolis area will be able to
maintain the standard without part D
NSR in effect; therefore, the State need
not have a fully approved part D NSR
program prior to approval of the
redesignation request. The State’s PSD
program will become effective in the
Indianapolis area upon redesignation to
attainment. See rulemakings for Detroit,
Michigan (60 FR 12467–12468, March 7,
1995); Cleveland-Akron-Lorain, Ohio
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(61 FR 20458, 20469–20470, May 7,
1996); Louisville, Kentucky (66 FR
53665, October 23, 2001); and Grand
Rapids, Michigan (61 FR 31834–31837,
June 21, 1996).
Section 172(c)(6) requires the SIP to
contain control measures necessary to
provide for attainment of the standard.
Because attainment has been reached,
no additional measures are needed to
provide for attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, we
find that the Indiana SIP meets the
section 110(a)(2) requirements
applicable for purposes of
redesignation.
Subpart 1 Section 176 Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that Federallysupported or funded activities,
including highway projects, conform to
the air quality planning goals in the
applicable SIPs. The requirement to
determine conformity applies to
transportation plans, programs, and
projects developed, funded, or approved
under Title 23 of the U.S. Code and the
Federal Transit Act (transportation
conformity) as well as to all other
Federally-supported or funded projects
(general conformity). State
transportation conformity regulations
must be consistent with Federal
conformity regulations relating to
consultation, enforcement, and
enforceability, which EPA promulgated
pursuant to CAA requirements.
EPA approved Indiana’s general and
transportation conformity SIPs on
January 14, 1998 (63 FR 2146) and
August 17, 2010 (75 FR 50730),
respectively. Section 176(c) of the CAA
was amended by provisions contained
in the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEALU), which
was signed into law on August 10, 2005
(Public Law 109–59). In adopting this
revision to the CAA, Congress
streamlined the requirements for state
conformity SIPs. Indiana is in the
process of updating its transportation
conformity SIP to meet these new
requirements.
Indiana has submitted on-road
MVEBs for the Indianapolis area of
353.40 tons per year (tpy) and 317.86
tpy primary PM2.5 and 14,956.79 tpy
and 8,839.80 tpy NOX for the years 2015
and 2025, respectively. The area must
use the MVEBs from the maintenance
plan in any conformity determination
that is made on or after the effective
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date of the adequacy finding and
maintenance plan approval.
b. The Indianapolis Area Has a Fully
Approved Applicable SIP Under Section
110(k) of the CAA
Upon final approval of Indiana’s
comprehensive 2006 emissions
inventory, EPA will have fully approved
the Indiana SIP for the Indianapolis area
under section 110(k) of the CAA for all
requirements applicable for purposes of
redesignation. EPA may rely on prior
SIP approvals in approving a
redesignation request (See page 3 of the
September 4, 1992, memorandum from
John Calcagni, entitled ‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment’’; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–990 (6th
Cir. 1998); Wall v. EPA, 265 F.3d 426
(6th Cir. 2001)) plus any additional
measures it may approve in conjunction
with a redesignation action. See 68 FR
25413, 25426 (May 12, 2003). Since the
passage of the CAA of 1970, Indiana has
adopted and submitted, and EPA has
fully approved, provisions addressing
various required SIP elements under
particulate matter standards. In this
action, EPA is approving Indiana’s 2006
base year emissions inventory for the
Indianapolis area as meeting the
requirement of section 172(c)(3) of the
CAA. No Indianapolis area SIP
provisions are currently disapproved,
conditionally approved, or partially
approved.
3. The Improvement in Air Quality Is
Due to Permanent and Enforceable
Reductions in Emissions Resulting From
Implementation of the SIP and
Applicable Federal Air Pollution
Control Regulations and Other
Permanent and Enforceable Reductions
(Section 107(d)(3)(E)(iii))
EPA finds that Indiana has
demonstrated that the observed air
quality improvement in the Indianapolis
area is due to permanent and
enforceable reductions in emissions
resulting from implementation of the
SIP, Federal measures, and other stateadopted measures.
In making this showing, IDEM has
calculated the change in emissions
between 2002, one of the years used as
a basis for designating the Indianapolis
area as nonattainment, and 2008, one of
the years in the period during which the
Indianapolis area monitored attainment.
The reduction in emissions and the
corresponding improvement in air
quality over this time period can be
attributed to a number of regulatory
control measures that the Indianapolis
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additional reductions will continue to
occur throughout the maintenance
period as the fleet of older heavy duty
a. Permanent and Enforceable Controls
diesel engines turns over. The reduction
Implemented
in fuel sulfur content also yielded an
The following is a discussion of
immediate reduction in sulfate particle
permanent and enforceable measures
emissions from all diesel vehicles.
that have been implemented in the
Nonroad Diesel Rule. In May 2004,
areas:
EPA promulgated a new rule for large
nonroad diesel engines, such as those
i. Federal Emission Control Measures
used in construction, agriculture, and
Reductions in fine particle precursor
mining equipment, which established
emissions have occurred statewide and
engine emission standards to be phased
in upwind areas as a result of Federal
in between 2008 and 2014. The rule also
emission control measures, with
additional emission reductions expected required reductions to the sulfur content
in nonroad diesel fuel by over 99
to occur in the future. Federal emission
control measures include the following: percent. Prior to 2006, nonroad diesel
fuel averaged approximately 3,400 ppm
Tier 2 Emission Standards for
Vehicles and Gasoline Sulfur Standards. sulfur. This rule limited nonroad diesel
sulfur content to 500 ppm by 2006, with
These emission control requirements
a further reduction to 15 ppm, by 2010.
result in lower volatile organic
The combined engine and fuel rules will
compound (VOC), NOX, and SO2
reduce NOX and PM emissions from
emissions from new cars and light duty
large nonroad diesel engines by over 90
trucks, including sport utility vehicles.
percent, compared to current nonroad
The Federal rules were phased in
engines using higher sulfur content
between 2004 and 2009. The EPA has
diesel. The reduction in fuel sulfur
estimated that, by the end of the phasecontent yielded an immediate reduction
in period, the following vehicle NOX
in sulfate particle emissions from all
emission reductions will occur
diesel vehicles. In addition, some
nationwide: Passenger cars (light duty
vehicles) (77 percent); light duty trucks, emissions reductions from the new
minivans, and sports utility vehicles (86 engine emission standards were realized
over the 2008–2010 time period,
percent); and larger sports utility
vehicles, vans, and heavier trucks (69 to although most of the reductions will
occur over the maintenance period as
95 percent). Some of the emissions
the fleet of older nonroad diesel engines
reductions resulting from new vehicle
turns over.
standards occurred during the 2008–
Nonroad Large Spark-Ignition Engine
2010 attainment period; however
and Recreational Engine Standards. In
additional reductions will continue to
November 2002, EPA promulgated
occur throughout the maintenance
emission standards for groups of
period as new vehicles replace older
previously unregulated nonroad
vehicles. The Tier 2 standards also
reduced the sulfur content of gasoline to engines. These engines include large
30 parts per million (ppm) beginning in spark-ignition engines such as those
used in forklifts and airport groundJanuary 2006. Most gasoline sold in
service equipment; recreational vehicles
Indiana prior to January 2006 had a
using spark-ignition engines such as offsulfur content of about 500 ppm.
highway motorcycles, all-terrain
Heavy-Duty Diesel Engine Rule. This
vehicles, and snowmobiles; and
rule, which EPA issued in July 2000,
recreational marine diesel engines.
limited the sulfur content of diesel fuel
beginning in 2004. A second phase took Emission standards from large sparkignition engines were implemented in
effect in 2007 which reduced fine
two tiers, with Tier 1 starting in 2004
particle emissions from heavy-duty
and Tier 2 in 2007. Recreational vehicle
highway engines and further reduced
the highway diesel fuel sulfur content to emission standards are being phased in
from 2006 through 2012. Marine Diesel
15 ppm. The total program is estimated
engine standards were phased in from
to achieve a 90 percent reduction in
2006 through 2009. With full
primary PM2.5 emissions and a 95
implementation of all of the nonroad
percent reduction in NOX emissions for
spark-ignition engine and recreational
these new engines using low sulfur
engine standards, an overall 72 percent
diesel, compared to existing engines
reduction in VOC, 80 percent reduction
using higher sulfur content diesel. The
in NOX and 56 percent reduction in
reductions in fuel sulfur content
occurred by the 2008–2010 attainment
carbon monoxide (CO) emissions are
period. Some of the emissions
expected by 2020. Some of these
reductions resulting from new vehicle
emission reductions occurred by the
standards occurred during the 2008–
2008–2010 attainment period and
2010 attainment period, however
additional emission reductions will
wreier-aviles on DSK7SPTVN1PROD with RULES
area and upwind areas have
implemented in recent years.
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59517
occur during the maintenance period as
the fleet turns over.
ii. Control Measures in Upwind Areas
Given the significance of sulfates and
nitrates in the Indianapolis area, the
area’s air quality is strongly affected by
regulation of SO2 and NOX emissions
from power plants.
NOX SIP Call.On October 27, 1998 (63
FR 57356), EPA issued a NOX SIP Call
requiring the District of Columbia and
22 states to reduce emissions of NOX.
Affected states were required to comply
with Phase I of the SIP Call beginning
in 2004, and Phase II beginning in 2007.
Emission reductions resulting from
regulations developed in response to the
NOX SIP Call are permanent and
enforceable.
Clean Air Interstate Rule (CAIR). EPA
proposed CAIR on January 30, 2004, at
69 FR 4566, promulgated CAIR on May
12, 2005, at 70 FR 25162, and
promulgated associated Federal
Implementation Plans (FIPs) on April
28, 2006, at 71 FR 25328, in order to
reduce SO2 and NOX emissions and
improve air quality in many areas across
Eastern United States. However, on July
11, 2008, the United States Court of
Appeals for the District of Columbia
Circuit vacated and remanded both
CAIR and the associated CAIR FIPs in
their entirety. See North Carolina v.
EPA, 531 F.3d 836 (D.C. Cir. 2008). EPA
petitioned for a rehearing, and the D.C.
Circuit issued an order remanding CAIR
and the CAIR FIPs to EPA without
vacatur. See North Carolina v. EPA, 550
F.3d 1176 (D.C. Cir. 2008). The D.C.
Circuit, thereby, left CAIR in place in
order to ‘‘temporarily preserve the
environmental values covered by CAIR’’
until EPA replaced it with a rule
consistent with the Court’s opinion. Id.
at 1178. The court directed EPA to
‘‘remedy CAIR’s flaws’’ consistent with
the July 11, 2008, opinion, but declined
to impose a schedule on EPA for
completing this action. Id).
On August 8, 2011, at 76 FR 48208,
EPA promulgated the Cross-State Air
Pollution Rule (CSAPR) to address
interstate transport of emissions and
resulting secondary air pollutants and to
replace CAIR. The CAIR, among other
things, required NOX emission
reductions that contributed to the air
quality improvement in the Indianapolis
nonattainment area. The CAIR emission
reduction requirements limit emissions
through 2011; CSAPR requires similar
or greater emission reductions in the
relevant areas in 2012 and beyond.
CSAPR requires substantial reductions
of SO2 and NOX emissions from Electric
Generating Units (EGUs or power
plants) across most of Eastern United
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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations
States, with implementation beginning
on January 1, 2012. In particular, this
rule requires reduction of these
emissions to levels well below the levels
that led to attainment of the 1997
annual PM2.5 standard in the
Indianapolis nonattainment area. Thus
the emission reductions that are
mandated first by CAIR and then by
CSAPR may be considered to be
permanent and enforceable. In turn, the
air quality improvement in the
Indianapolis nonattainment area that
has resulted from EGU emission
reductions to date (as well as the
substantial further air quality
improvement that would be expected to
result from full implementation of
CSAPR) may also be considered to be
permanent and enforceable.
b. Emission Reductions
Indiana developed emissions
inventories for NOX, primary PM2.5, and
Nonroad mobile source emissions
were extrapolated from nonroad mobile
source emissions reported in EPA’s
2005 National Emissions Inventory
(NEI). Contractors were employed by
LADCO to estimate emissions for
commercial marine vessels and
railroads.
On-road mobile source emissions
were calculated using EPA’s mobile
source emission factor model,
MOBILE6.2.
Note that all emissions discussed
below were documented in appendices
B through E of Indiana’s May 31, 2011,
redesignation request submittal. For
these data and additional emissions
inventory data, please go to EPA’s
digital docket for this proposed rule,
https://www.regulations.gov, which
includes a digital copy of Indiana’s May
31, 2011, submittal.
Emissions data are shown in tables 3
through 5 below.
SO2 for 2002, one of the years used to
designate the areas as nonattainment,
and 2008, one of the years the
Indianapolis area monitored attainment
of the standard.
EGU SO2 and NOX emissions were
derived from EPA’s Clean Air Market’s
acid rain database. These emissions
reflect implementation of the acid rain
program and EPA’s NOX SIP call. The
2008 emissions also reflect
implementation of CAIR. All other point
source emissions were obtained from
Indiana’s source facility emissions
reporting.
Area source emissions for the
Indianapolis area for 2002 and 2005
were taken from Indiana’s 2002 and
2005 periodic emissions inventories.3
The 2005 periodic emission inventory
area source emissions were extrapolated
to 2008. Source growth factors were
supplied by the Lake Michigan Air
Directors Consortium (LADCO).
TABLE 3—COMPARISON OF 2002 AND 2008 NOX EMISSION TOTALS BY SOURCE SECTOR (TPY) FOR THE INDIANAPOLIS
AREA
NOX
Sector
2002
2008
Net change
2002–2008
Point .................................................................................................................................
EGU .................................................................................................................................
Area .................................................................................................................................
Nonroad ...........................................................................................................................
On-road ............................................................................................................................
8,045.92
12,388.02
5,518.12
11,973.65
38,059.50
6,259.45
7,183.98
4,885.91
10,953.68
21,494.74
¥1,786.47
¥5,204.04
¥632.21
¥1,019.97
¥16,564.76
Total ..........................................................................................................................
75,985.21
50,777.76
¥25,207.45
TABLE 4—COMPARISON OF 2002 AND 2008 PRIMARY PM2.5 EMISSION TOTALS BY SOURCE SECTOR (TPY) FOR THE
INDIANAPOLIS AREA
Direct PM2.5
Sector
2002
2008
Net change
2002–2008
Point .................................................................................................................................
EGU .................................................................................................................................
Area .................................................................................................................................
Nonroad ...........................................................................................................................
On-road ............................................................................................................................
653.57
110.66
2,934.93
847.73
670.50
843.05
1,966.49
85.36
805.42
403.67
189.48
1,855.83
¥2,849.57
¥42.31
¥266.83
Total ..........................................................................................................................
5,217.39
4,103.99
¥1,113.40
TABLE 5—COMPARISON OF 2002 AND 2008 SO2 EMISSION TOTALS BY SOURCE SECTOR (TPY) FOR THE INDIANAPOLIS
AREA
SO2
wreier-aviles on DSK7SPTVN1PROD with RULES
Sector
2002
Point .................................................................................................................................
EGU .................................................................................................................................
Area .................................................................................................................................
3 Periodic emission inventories are derived by
states every three years and reported to EPA. These
periodic emission inventories are required by the
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4,835.58
68,148.53
8,676.35
Federal Consolidated Emissions Reporting Rule,
codified at 40 CFR Subpart A. EPA revised these
and other emission reporting requirements in a final
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2008
2,415.94
38,027.05
1,830.02
Net change
2002–2008
¥2,419.64
¥30,121.48
¥6,846.33
rule published on December 17, 2008, at 73 FR
76539.
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59519
TABLE 5—COMPARISON OF 2002 AND 2008 SO2 EMISSION TOTALS BY SOURCE SECTOR (TPY) FOR THE INDIANAPOLIS
AREA—Continued
SO2
Sector
2002
Net change
2002–2008
2008
Nonroad ...........................................................................................................................
On-road ............................................................................................................................
1,121.00
1,219.50
576.13
653.54
¥544.87
¥565.96
Total ..........................................................................................................................
84,000.96
43,502.68
¥40,498.28
Table 3 shows that the Indianapolis area
reduced NOX emissions by 25,207.45
tpy between 2002 and 2008. Table 4
shows that the Indianapolis area
reduced direct PM2.5 emissions by
1,113.40 tpy between 2002 and 2008.
Table 5 shows that the Indianapolis area
reduced SO2 emissions by 40,498.28 tpy
between 2002 and 2008.
Because PM2.5 concentrations in the
Indianapolis area are significantly
impacted by the transport of sulfates
and nitrates, the area’s air quality is
strongly affected by regulation of SO2
and NOX emissions from power plants.
Table 6, below, presents actual
statewide EGU emissions data compiled
by EPA’s Clean Air Markets Division for
the years 2002 and 2008. Emissions for
2002 reflect implementation of the acid
rain program while emissions for 2008
also reflect reductions implemented
under CAIR. This table shows emissions
for all states that, according to modeling
conducted for the final CSAPR, are
estimated to contribute at least 0.15
mg/m3 to Indianapolis area annual
average PM2.5 concentrations in the
absence of CAIR or CSAPR. (See https://
epa.gov/crossstaterule/pdfs/
CSAPR_Ozone%20and%20PM2.5_
Contributions.xls.)
TABLE 6—COMPARISON OF 2002 AND 2008 STATEWIDE EGU NOX AND SO2 EMISSIONS (TPY) FOR STATES IMPACTING
THE INDIANAPOLIS AREA
NOX
SO2
State
2002
Net change
2002–2008
2008
2002
2008
Net change
2002–2008
Alabama ...................................................
Illinois .......................................................
Indiana .....................................................
Iowa ..........................................................
Kentucky ..................................................
Michigan ...................................................
Missouri ....................................................
Ohio ..........................................................
Pennsylvania ............................................
Tennessee ...............................................
West Virginia ............................................
Wisconsin .................................................
161,559
174,247
281,146
78,956
198,599
132,623
139,799
370,497
200,909
155,996
225,371
88,970
112,625
119,930
190,092
49,023
157,903
107,624
88,742
235,049
183,658
85,641
99,484
47,794
¥48,934
¥54,317
¥91,054
¥29,933
¥40,696
¥25,000
¥51,057
¥135,448
¥17,251
¥70,356
¥125,887
¥41,175
448,248
353,699
778,868
127,847
482,653
342,999
235,532
1,132,069
889,766
336,995
507,110
191,257
357,547
257,357
565,459
109,293
344,356
326,501
258,269
709,444
831,915
208,069
301,574
129,694
¥90,701
¥96,342
¥213,409
¥18,554
¥138,297
¥16,498
22,737
¥422,625
¥57,851
¥128,926
¥205,536
¥61,563
Total ..................................................
2,208,672
1,477,564
¥731,108
5,827,042
4,399,478
¥1,427,564
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Table 6 shows that states impacting
the Indianapolis area reduced NOX and
SO2 emissions from EGUs by 731,108
tpy and 1,427,564 tpy, respectively,
between 2002 and 2008.
Based on the information summarized
above, Indiana has adequately
demonstrated that the improvement in
air quality is due to permanent and
enforceable emissions reductions.
4. The Area Has a Fully Approved
Maintenance Plan Pursuant to Section
175A of the CAA (Section
107(d)(3)(E)(iv))
In conjunction with Indiana’s request
to redesignate the Indianapolis
nonattainment area to attainment status,
IDEM submitted a SIP revision to
provide for maintenance of the 1997
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annual PM2.5 NAAQS in the area
through 2025.
a. What is required in a maintenance
plan?
Section 175A of the CAA sets forth
the required elements of a maintenance
plan for areas seeking redesignation
from nonattainment to attainment.
Under section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least ten
years after EPA approves a
redesignation to attainment. Eight years
after redesignation, the state must
submit a revised maintenance plan
which demonstrates that attainment will
continue to be maintained for ten years
following the initial ten-year
maintenance period. To address the
possibility of future NAAQS violations,
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the maintenance plan must contain
contingency measures with a schedule
for implementation as EPA deems
necessary to assure prompt correction of
any future PM2.5 violations.
The September 4, 1992, John Calcagni
memorandum provides additional
guidance on the content of a
maintenance plan. The memorandum
states that a maintenance plan should
address the following items: the
attainment emissions inventories, a
maintenance demonstration showing
maintenance for the ten years of the
maintenance period, a commitment to
maintain the existing monitoring
network, factors and procedures to be
used for verification of continued
attainment of the NAAQS, and a
contingency plan to prevent or correct
future violations of the NAAQS.
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b. Attainment Inventory
The IDEM developed emissions
inventories for NOX, direct PM2.5, and
SO2 for 2008, one of the years used to
demonstrate monitored attainment of
the 1997 annual PM2.5 standard, as
described in section IV.A.3.b., above.
The attainment level of emissions is
summarized in tables 2 through 4,
above.
c. Demonstration of Maintenance
Along with the redesignation request,
IDEM submitted revisions to the Indiana
PM2.5 SIP to include a maintenance plan
for the Indianapolis area, as required by
section 175A of the CAA. This
demonstration shows maintenance of
the annual PM2.5 standard through 2025
by showing that current and future
emissions of NOX, direct PM2.5 and SO2
for the area remain at or below
attainment year emission levels. A
maintenance demonstration may be
based on such an emissions inventory
approach. See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001), Sierra Club v. EPA,
375 F. 3d 537 (7th Cir. 2004). See also
66 FR 53094, 53099–53100 (October 19,
2001), 68 FR 25413, 25430–25432 (May
12, 2003).
Indiana is using emissions inventory
projections for the years 2015, 2020, and
2025 to demonstrate maintenance. The
projected emissions were estimated by
IDEM, with assistance from LADCO,
and the Indianapolis Metropolitan
Planning Organization.
As noted above, IDEM and others
estimating mobile source emissions for
the Indianapolis area have used EPA’s
MOBILE6.2 mobile source emission
factor model to estimate mobile source
emissions in both the October 20, 2009,
submittal and the May 31, 2011,
submittal rather than MOVES to
estimate mobile source emissions.4 EPA
is proposing to approve Indiana’s
continued use of MOBILE6.2 in this
maintenance plan. Air quality data
indicate that the area has attained the
1997 PM2.5 annual standard, and large
emission reductions are expected in this
area and in upwind areas in the coming
years, which will maintain the 1997
PM2.5 annual standard during the
maintenance period. If MOVES had
been used to estimate on-road mobile
source emissions, we believe it would
not have changed this conclusion.
In addition, the recent, May 31, 2011,
submittal only extended the
maintenance period by five years from
the maintenance period documented in
the October 20, 2009, submittal, and it
was not necessary for the newer
submittal to revisit earlier years of the
maintenance period. This extension of
the maintenance period was necessary
because: (1) EPA could not act on the
original submittal at an earlier date due
to issues related to the remand of CAIR;
and, (2) Indiana, subsequently, needed
to extend the maintenance period to
meet CAA maintenance demonstration
requirements. Further, consistent with
documentation for Question 5 in EPA’s
‘‘Policy Guidance on the Use of
MOVES2010 for State Implementation
Plan Development, Transportation
Conformity, and Other Purposes’’ (the
MOVES guidance) (https://www.epa.gov/
otaq/models/moves/420b09046.pdf), we
have concluded that, since the bulk of
the work on the maintenance plan was
performed in 2009, before MOVES was
released, the continued use of
MOBILE6.2 in the maintenance plan is
warranted. Even the supplemental work
performed by Indiana to support the
May 31, 2011, revision was done
relatively soon after MOVES was
officially released for use in SIPs on
March 2, 2010, at 75 FR 9411. Based on
these factors, we have concluded that
Indiana’s continued use of MOBILE6.2
is justified. In addition, the continued
use of MOBILE6.2 avoids an adverse
impact on State resources as also
described in the documentation for
Question 5 of the MOVES guidance.
As discussed in section IV.3.a. above,
many of the control programs that
helped to bring the area into attainment
of the standard will continue to achieve
additional emission reductions over the
maintenance period. These control
programs include Tier 2 emission
standards for vehicles and gasoline
sulfur standards, the heavy-duty diesel
engine rule, the nonroad diesel rule, and
the nonroad large spark-ignition engine
and recreation engine standards. In
addition, implementation of CSAPR will
result in further reductions in SO2 and
NOX emissions over the maintenance
period. Emissions data for all sources by
source sector are shown in tables 7
through 9, below.
TABLE 7—COMPARISON OF 2008, 2015, 2020, AND 2025 NOX EMISSION TOTALS BY SOURCE SECTOR (TPY) FOR THE
INDIANAPOLIS AREA
NOX
Sector
2008
2015
2020
2025
Net change
2008–2025
Point .................................................................
EGU .................................................................
Area ..................................................................
Nonroad ...........................................................
On-road ............................................................
6,259.45
7,183.98
4,885.91
10,953.68
21,494.74
6,267.98
6,864.90
4,808.82
7,146.72
12,259.66
6,182.66
6,864.17
4,726.75
4,961.21
9,752.70
6,098.76
6,863.44
4,646.40
3,544.70
7,245.74
¥160.69
¥320.54
¥239.51
¥7,408.98
¥14,249.00
Total ..........................................................
50,777.76
37,348.08
32,487.49
28,399.04
¥22,378.72
TABLE 8—COMPARISON OF 2008, 2015, 2020, AND 2025 DIRECT PM2.5 EMISSION TOTALS BY SOURCE SECTOR (TPY)
FOR THE INDIANAPOLIS AREA
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Direct PM2.5
Sector
2008
Point .................................................................
EGU .................................................................
Area ..................................................................
4 MOVES2010a is EPA’s most recent model for
estimating on-road mobile source emissions.
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2015
843.05
1,966.49
85.36
2020
822.74
2,567.84
81.77
MOVES was officially released for use in SIPs and
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Sfmt 4700
2025
806.17
2,567.83
78.97
790.01
2,567.81
76.30
Net change
2008–2025
¥53.04
601.32
¥9.06
regional transportation conformity determinations
on March 2, 2010, at 75 FR 9411.
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59521
TABLE 8—COMPARISON OF 2008, 2015, 2020, AND 2025 DIRECT PM2.5 EMISSION TOTALS BY SOURCE SECTOR (TPY)
FOR THE INDIANAPOLIS AREA—Continued
Direct PM2.5
Sector
2008
2015
2020
2025
Net change
2008–2025
Nonroad ...........................................................
On-road ............................................................
805.42
403.67
537.76
289.67
384.01
275.11
281.52
260.54
¥523.90
¥143.13
Total ..........................................................
4,103.99
4,299.78
4,112.09
3,976.18
¥127.81
TABLE 9—COMPARISON OF 2008, 2015, 2020, AND 2025 SO2 EMISSION TOTALS BY SOURCE SECTOR (TPY) FOR THE
INDIANAPOLIS AREA
SO2
Sector
2008
2015
2020
2025
Net change
2008–2025
2,415.94
38,027.05
1,830.02
576.13
653.54
1,631.65
28,314.66
1,778.03
165.61
498.20
1,604.91
28,314.44
1,731.62
89.31
531.68
1,578.72
28,314.22
1,686.72
56.66
565.17
¥837.22
¥9,712.83
¥143.30
¥519.47
¥88.37
Total ..........................................................
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Point .................................................................
EGU .................................................................
Area ..................................................................
Nonroad ...........................................................
On-road ............................................................
43,502.68
32,388.15
32,271.96
32,201.49
¥11,301.19
Table 7 shows that the NOX emissions
in the Indianapolis area are 22,378.72
tpy less in 2025, the out-year of the
maintenance plan, than in attainment
year 2008. Table 8 shows that direct
PM2.5 emissions are 127.81 tpy lower in
2025 than in 2008. Table 9 shows that
SO2 emissions are 11,301.19 tpy lower
in 2025 than in 2008.
For the interim years of 2015 and
2020, however, in conjunction with the
projections for dramatic declines in SO2
and NOX emissions in the Indianapolis
area, the maintenance plan shows an
increase in PM2.5 emissions. Therefore,
further evaluation is needed to judge
whether the increase in PM2.5 emissions,
in combination with the decreases in
SO2 and NOX emissions, is likely to
provide for maintenance of the standard
during the interim period.
Each of these pollutants is
characterized by a different relationship
between emissions and air quality.
Therefore, simply summing up the
emissions of these various pollutants
does not provide a meaningful indicator
of the combined air quality impact of
these emission changes. Instead, a more
appropriate indicator is the percentage
change in emissions for each emitted
pollutant, weighted according to the air
quality impact for each.
For this purpose, EPA examined
speciation data available from its Air
Explorer Web site for 2007–2009 for the
Indianapolis area. These data suggest
that PM2.5 in the Indianapolis area
consists of approximately 47 percent
sulfate, 12 percent nitrate, 34 percent
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organic particulate, 4 percent
miscellaneous inorganic particulate
(sometime labeled ‘‘crustal particles’’),
and 3 percent other types of particulate
matter.
EPA used a conservative approach
that assumes that the full ambient
concentration of organic particulate
matter plus miscellaneous inorganic
particulate matter will vary in
accordance with changes in total
nonattainment area emissions of
directly emitted PM2.5. This analysis
thus assumes that the entirety of this
component of ambient PM2.5 will
increase by the 5 percent that Indiana’s
maintenance plan projects that directly
emitted PM2.5 emissions will increase
from 2008 to 2015, the year with the
greatest estimated emissions of direct
PM2.5. In this analysis, the baseline
concentration is assumed to be
14.3 mg/m3 (the design value for the
2007–2009 time period), of which
directly emitted PM2.5 is estimated to
comprise 38 percent (34 plus 4), or 5.4
mg/m3. EPA’s assessment assumes that
the 5 percent increase in direct PM2.5
emissions from 2008 to 2015, the year
with the highest projected levels of
directly emitted PM2.5, will cause a
corresponding increase in ambient
concentrations of PM2.5, which would
suggest an increase in the concentration
of this component by 0.3 mg/m3.
However, EPA believes that this
potential increase will be fully
compensated by much greater decreases
in sulfate and nitrate concentrations.
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Determining the precise levels of
decrease in sulfate and nitrate
concentrations is a complex task
requiring consideration of emission
reductions not only in the Indianapolis
area but also in many other parts of the
Eastern United States. Nevertheless,
sulfates and nitrates comprise 47
percent and 12 percent of the PM2.5 in
the Indianapolis area, respectively, and
both are projected to decrease by 26
percent over this same 2008–2015 time
period. Further, as shown in table 10
below, emissions of sulfates and nitrates
from power plants in states impacting
the Indianapolis area are projected to
decrease by 66 percent and 47 percent,
respectively. Therefore, the 0.3 mg/m3
increase associated with directly
emitted PM2.5 would be expected to be
more than offset by decreases in
monitored concentrations associated
with decreases in sulfates and nitrates.
That is, EPA expects that the temporary
minimal increase in direct emissions of
PM2.5 in the Indianapolis area will not
prevent the area from maintaining the
standard.
Because the PM2.5 concentrations in
the Indianapolis area are significantly
impacted by the transport of sulfates
and nitrates, the area’s air quality is
strongly affected by regulation of SO2
and NOX emissions from power plants.
Table 10, below, compares statewide
EGU emissions data for 2008 and 2014.
Emissions for 2008 reflect actual
emissions data compiled by EPA’s Clean
Air Markets Division reflecting
reductions implemented under CAIR.
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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations
2014 emissions reflect EPA’s projections
of emissions expected under the CSAPR
as shown at https://epa.gov/
crossstaterule/pdfs/
EmissionsSummaries.xlsx.
TABLE 10—COMPARISON OF 2008 AND 2014 STATEWIDE EGU NOX AND SO2 EMISSIONS (TPY) FOR STATES IMPACTING
THE INDIANAPOLIS AREA
NOX
SO2
State
2008
Net change
2002–2014
2014
2008
2014
Net change
2002–2014
Alabama ...................................................
Illinois .......................................................
Indiana .....................................................
Iowa ..........................................................
Kentucky ..................................................
Michigan ...................................................
Missouri ....................................................
Ohio ..........................................................
Pennsylvania ............................................
Tennessee ...............................................
West Virginia ............................................
Wisconsin .................................................
112,625
119,930
190,092
49,023
157,903
107,624
88,742
235,049
183,658
85,641
99,484
47,794
69,192
49,162
110,740
42,231
76,088
60,907
52,103
89,753
118,981
20,512
53,975
33,537
¥43,433
¥70,768
¥79,352
¥6,792
¥81,815
¥46,717
¥36,639
¥145,296
¥64,677
¥65,129
¥45,509
¥14,257
448,248
257,357
565,459
127,847
344,356
326,501
258,269
709,444
831,915
208,069
301,574
129,694
173,566
132,647
195,046
83,827
116,927
162,632
186,899
178,975
125,545
64,721
84,344
50,137
¥274,682
¥124,710
¥370,413
¥44,020
¥227,429
¥163,869
¥71,370
¥530,469
¥706,370
¥143,348
¥217,230
¥79,557
Total ..................................................
1,477,564
777,181
¥700,383
4,508,733
1,555,266
¥2,953,467
Table 10 shows that NOX emissions
from EGUs are projected to decrease by
700,383 tpy from 2008 to 2014 in states
impacting the Indianapolis area. Over
that same time period, SO2 emissions
from EGUs are projected to decrease by
2,953,467 tpy in states impacting the
Indianapolis area.
Based on the information summarized
above, Indiana has adequately
demonstrated maintenance of the PM2.5
standard in this area for a period
extending in excess of ten years from
the date that EPA may be expected to
complete rulemaking on the State’s
redesignation request.
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d. Monitoring Network
Indiana currently operates three
monitors for purposes of determining
attainment with the 1997 annual PM2.5
standard in the Indianapolis area.
Indiana has committed to continue to
operate and maintain these monitors
and will consult with EPA prior to
making any changes to the existing
monitoring network. IDEM remains
obligated to continue to quality assure
monitoring data in accordance with 40
CFR part 58 and enter all data into the
AQS in accordance with Federal
guidelines.
e. Verification of Continued Attainment
Continued attainment of the annual
PM2.5 NAAQS in the Indianapolis area
depends, in part, on the State’s efforts
toward tracking indicators of continued
attainment during the maintenance
period. Indiana’s plan for verifying
continued attainment of the annual
PM2.5 standard in the Indianapolis area
consists of continued ambient PM2.5
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monitoring in accordance with the
requirements of 40 CFR part 58. IDEM
will also continue to develop and
submit periodic emission inventories as
required by the Federal Consolidated
Emissions Reporting Rule (codified at
40 CFR 51 Subpart A) to track future
levels of emissions.
f. Contingency Plan
The contingency plan provisions are
designed to promptly correct or prevent
a violation of the NAAQS that might
occur after redesignation of an area to
attainment. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to ensure that the
state will promptly correct a violation of
the NAAQS that occurs after
redesignation. The maintenance plan
should identify the contingency
measures to be adopted, a schedule and
procedure for adoption and
implementation of the contingency
measures, and a time limit for action by
the state. The state should also identify
specific indicators to be used to
determine when the contingency
measures need to be adopted and
implemented. The maintenance plan
must include a requirement that the
state will implement all measures with
respect to control of the pollutant(s) that
were contained in the SIP before
redesignation of the area to attainment.
See section 175A(d) of the CAA.
As required by section 175A of the
CAA, Indiana has adopted a
contingency plan for the Indianapolis
area to address possible future annual
PM2.5 air quality problems. Under
Indiana’s plan, if a violation of the 1997
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annual PM2.5 standard occurs, Indiana
will implement an ‘‘Action Level
Response’’ to evaluate what measures
are warranted to address the violation,
committing to implement one or more
measures from a list of candidate
measures given in the plan. Indiana’s
candidate contingency measures
include the following:
i. Alternative fuel and diesel retrofit
programs for fleet vehicle operations;
ii. NOX or SO2 controls on new minor
sources;
iii. Wood stove change out program;
iv. Idle restrictions;
v. Broader geographic applicability of
existing measures; and
vi. One or more transportation control
measures sufficient to achieve at least a
0.5 percent reduction in actual area
wide precursor emissions.
Under Indiana’s plan, control
measures are to be adopted and
implemented within 18 months from
the end of the year in which air quality
triggering the Action Level Response
occurs. Indiana further commits to
conduct ongoing review of its data, and
if monitored concentrations or
emissions are trending upward, Indiana
commits to take appropriate steps to
avoid a violation if possible. EPA
believes that Indiana’s contingency plan
satisfies the pertinent requirements of
section 175A(d).
g. Provisions for Future Updates of the
Annual PM2.5 Maintenance Plan
As required by section 175A(b) of the
CAA, IDEM commits to submit to EPA
an updated maintenance plan eight
years after redesignation of the
Indianapolis area to attainment of the
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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations
1997 annual PM2.5 standard to cover an
additional ten-year period beyond the
initial ten-year maintenance period. As
required by section 175A of the CAA,
Indiana has committed to retain the
control measures contained in the SIP
prior to redesignation, and to submit to
EPA for approval as a SIP revision, any
changes to its rules or emission limits
applicable to SO2, NOX, or direct PM2.5
sources as required for maintenance of
the annual PM2.5 standard in the
Indianapolis area.
EPA has concluded that the
maintenance plan adequately addresses
the five basic components of a
maintenance plan: attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. Thus EPA is finding
that the maintenance plan SIP revision
submitted by Indiana for the
Indianapolis area meets the
requirements of section 175A of the
CAA.
B. Adequacy of Indiana’s MVEBs
1. How are MVEBs developed and what
are the MVEBs for the Indianapolis
area?
Under the CAA, states are required to
submit, at various times, control strategy
SIP revisions and maintenance plans for
PM2.5 nonattainment areas and for areas
seeking redesignations to attainment of
the PM2.5 standard. These emission
control strategy SIP revisions (e.g., RFP
and attainment demonstration SIP
revisions) and maintenance plans create
MVEBs based on on-road mobile source
emissions for criteria pollutants and/or
their precursors to address pollution
from on-road transportation sources.
The MVEBs are the portions of the total
allowable emissions that are allocated to
highway and transit vehicle use that,
together with emissions from other
sources in the area, will provide for
attainment, RFP or maintenance, as
applicable.
Under 40 CFR part 93, a MVEB for an
area seeking a redesignation to
attainment is established for the last
year of the maintenance plan. The
MVEB serves as a ceiling on emissions
from an area’s planned transportation
system. The MVEB concept is further
explained in the preamble to the
November 24, 1993, transportation
conformity rule (58 FR 62188).
Under section 176(c) of the CAA,
transportation plans and transportation
improvement programs (TIPs) must be
evaluated to determine if they conform
with the area’s SIP. Conformity to the
SIP means that transportation activities
will not cause new air quality
violations, worsen existing air quality
violations, or delay timely attainment of
the NAAQS or any required interim
milestone. If a transportation plan or
TIP does not conform, most new
transportation projects that would
expand the capacity of roadways cannot
go forward. Regulations at 40 CFR part
93 set forth EPA policy, criteria, and
procedures for demonstrating and
assuring conformity of such
transportation activities to a SIP.
When reviewing SIP revisions
containing MVEBs, including
attainment strategies, rate-of-progress
plans, and maintenance plans, EPA
must affirmatively find ‘‘adequate’’ or
approve for use in determining
transportation conformity before the
MVEBs can be used. Once EPA
affirmatively approves or finds the
submitted MVEBs to be adequate for
transportation conformity purposes, the
MVEBs must be used by state and
Federal agencies in determining
whether transportation plans and TIPs
conform to the SIP as required by
section 176(c) of the CAA. EPA’s
substantive criteria for determining the
adequacy of MVEBs are set out in 40
CFR 93.118(e)(4). Additionally, to
approve a motor vehicle emissions
budget EPA must complete a thorough
review of the SIP, in this case the PM2.5
maintenance plan, and conclude that
the SIP will achieve its overall purpose,
in this case providing for maintenance
of the 1997 annual PM2.5 standard.
59523
EPA’s process for determining
adequacy of a MVEB consists of three
basic steps: (1) Providing public
notification of a SIP submission; (2)
providing the public the opportunity to
comment on the MVEB during a public
comment period; and, (3) EPA taking
action on the MVEB. The process for
determining the adequacy of submitted
SIP MVEBs is codified at 40 CFR 93.118.
The maintenance plan submitted by
Indiana for the Indianapolis area
contains new primary PM2.5 and NOX
MVEBs for the area for the years 2015
and 2025. IDEM has determined the
2015 MVEBs for the Indianapolis area to
be 353.40 tpy for primary PM2.5 and
14,956.79 tpy for NOX. IDEM has
determined the 2025 MVEBs for the
Indianapolis area to be 317.86 tpy for
primary PM2.5 and 8,839.80 tpy for NOX.
These MVEBs exceed the on-road
mobile source primary PM2.5 and NOX
emissions projected by IDEM for 2015
and 2025, as summarized in table 11
below. IDEM decided to include ‘‘safety
margins’’ as provided for in 40 CFR
93.124(a) (described further below) of
63.73 tpy and 57.32 tpy for primary
PM2.5 and 2,697.13 tpy and 1,594.06 tpy
for NOX in the 2015 and 2025 MVEBs,
respectively, to provide for on-road
mobile source growth. Indiana did not
provide emission budgets for SO2,
VOCs, and ammonia because it
concluded, consistent with EPA’s
presumptions regarding these
precursors, that emissions of these
precursors from motor vehicles are not
significant contributors to the area’s
PM2.5 air quality problem.
The availability of the SIP submission
with these 2015 and 2025 MVEBs was
announced for public comment on
EPA’s Adequacy Web site on July 19,
2011, at: https://www.epa.gov/otaq/
stateresources/transconf/currsips.htm.
The EPA public comment period on
adequacy of the 2015 and 2025 MVEBs
for the Indianapolis area closed on
August 18, 2011. No adverse comments
on the submittal were received during
the adequacy comment period.
TABLE 11—ON-ROAD MOBILE SOURCE EMISSIONS ESTIMATES AND BUDGETS
[tpy]
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NOX
Emissions
estimate
2008 .................................................................................................
2015 .................................................................................................
2025 .................................................................................................
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Budget
21,494.74
12,259.66
7,245.74
Sfmt 4700
PM2.5
Emissions
estimate
403.67
289.67
260.54
14,956.79
8,839.80
E:\FR\FM\27SER1.SGM
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Budget
353.40
317.86
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In the Indianapolis area, the motor
vehicle budgets and motor vehicle
emission projections for both NOX and
primary PM2.5 are lower than base year
levels, but the overall emissions of
primary PM2.5 summed across all source
types is projected to increase in 2015.
This requires further examination of the
question of whether an increase in
overall primary PM2.5 emissions by the
amounts requested by Indiana as safety
margins would still provide for
maintenance of the PM2.5 standard.
The discussion of the maintenance
plan above describes EPA’s rationale for
believing that the impact of the
projected increase in total primary PM2.5
emissions in 2015 will be more than
compensated for by the projected
decreases in overall emissions of SO2
and NOX. EPA examined whether the
same conclusion would apply if the
Indianapolis area used the entire safety
margin in 2015, i.e., if mobile source
PM2.5 emissions reached the full level of
the PM2.5 MVEB for 2015. Assuming
mobile source PM2.5 emissions of 353.40
tpy, the level of the 2015 PM2.5 MVEB,
total direct PM2.5 emissions in 2015 are
estimated to be 4,363.51, a 6 percent
increase over 2008 PM2.5 emissions.
Applying a 6 percent increase to 5.4
mg/m3, the baseline ambient PM2.5
concentration attributable to direct
PM2.5 emissions, the expected impact of
the overall PM2.5 emissions increase still
rounds to 0.3 mg/m3, which EPA again
holds is more than compensated for by
the decrease in sulfate and nitrate
concentrations resulting from
reductions in SO2 and NOX emissions,
as explained above. Therefore, EPA
concludes that the submitted budgets,
including the safety margins, provide
for a quantity of mobile source
emissions that would be expected to
maintain the PM2.5 standard.
EPA has reviewed the submitted
budgets for 2015 and 2025 including the
added safety margins using the
conformity rule’s adequacy criteria
found at 40 CFR 93.118(e)(4) and the
conformity rule’s requirements for
safety margins found at 40 CFR
93.124(a). EPA has also completed a
thorough review of the entire
maintenance plan for the Indianapolis
area. Based on the results of this review
of the budgets and the maintenance plan
EPA is approving the 2015 and 2025
direct PM2.5 and NOX budgets including
the requested safety margins for the
Indianapolis area. Additionally, EPA,
through this rulemaking, has found the
submitted budgets to be adequate for
use to determine transportation
conformity in the Indianapolis area,
because EPA has determined that the
area can maintain attainment of the
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1997 annual PM2.5 NAAQS for the
relevant maintenance period with onroad mobile source emissions at the
levels of the MVEBs. These budgets
must be used in conformity
determinations made on or after the
effective date of this direct final
rulemaking, November 28, 2011. (40
CFR 93.118(f)(iii))
The budgets that Indiana submitted
were calculated using the MOBILE6.2
motor vehicle emissions model. EPA is
approving the conformity budgets
calculated using this model because this
model was the most current model
available at the time Indiana was
performing its analysis. As discussed in
section IV.A.4.c. above, EPA has issued
an updated motor vehicle emissions
model known as MOVES. In its
announcement of this model, EPA
established a two-year grace period that
allows for continued use of MOBILE6.2
in transportation conformity
determinations for transportation plans
and TIPs (extending to March 2, 2012),
after which states and metropolitan
planning organizations (MPOs) (other
than California) must use MOVES for
transportation plan and TIP conformity
determinations. (See 75 FR 9411, March
2, 2010.)
Additional information on the use of
MOVES in SIPs and conformity
determinations can be found in the
December 2009 MOVES Guidance.
During the conformity grace period, the
State and MPO should use the
interagency consultation process to
examine how MOVES will impact their
future transportation plan and TIP
conformity determinations, including
regional emissions analyses. For
example, an increase in emission
estimates due to the use of MOVES may
affect an area’s ability to demonstrate
conformity for its transportation plan
and/or TIP. Therefore, State and local
planners should carefully consider
whether the SIP and motor vehicle
emissions budget(s), transportation
plans, and TIPs should be revised with
MOVES before the end of the
conformity grace period, since doing so
may be necessary to ensure conformity
determinations in the future.
We would expect that states and
MPOs would work closely with EPA
and the local Federal Highway
Administration and Federal Transit
Administration offices to determine an
appropriate course of action to address
this type of situation if it is expected to
occur. If Indiana chooses to revise the
Indianapolis maintenance plan, it
should consult Question 7 of the
December 2009 MOVES guidance for
information on requirements related to
such revisions.
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2. What is a safety margin?
A ‘‘safety margin’’ is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. As
shown in table 7, NOX emissions in the
Indianapolis area are projected to have
safety margins of 13,429.68 tpy and
22,378.72 tpy in 2015 and 2025,
respectively (the difference between the
attainment year, 2008, emissions and
the projected 2015 and 2025 emissions
for all sources in the Indianapolis area).
Table 8 shows direct PM2.5 emissions in
the Indianapolis area are projected to
have a safety margin of 127.81 tpy in
2025. Table 9 shows SO2 emissions in
the Indianapolis area are projected to
have safety margins of 11,114.53 tpy
and 11,301.19 tpy in 2015 and 2025,
respectively. Even if emissions reached
the full level of the safety margin, the
area would still demonstrate
maintenance since emission levels
would equal those in the attainment
year.
The transportation conformity rule
allows areas to allocate all or a portion
of a ‘‘safety margin’’ to the area’s motor
vehicle emissions budgets. (40 CFR
92.124(a)) The MVEBs requested by
IDEM contain NOX safety margins for
mobile sources in 2015 and 2025 and
PM2.5 safety margins for mobile sources
in 2025 smaller than the allowable
safety margins reflected in the total
emissions for the Indianapolis area. The
State is not requesting allocation to the
MVEBs of the entire available safety
margins reflected in the demonstration
of maintenance. Therefore, even though
the State has submitted MVEBs that
exceed the projected on-road mobile
source emissions for 2015 and 2025
contained in the demonstration of
maintenance, the increase in on-road
mobile source emissions that can be
considered for transportation
conformity purposes is well within the
safety margins of the PM2.5 maintenance
demonstration. Further, once allocated
to mobile sources, these safety margins
will not be available for use by other
sources.
Projected direct PM2.5 emissions in
2015 exceed 2008 emission levels, and
IDEM has included a mobile safety
margin of 63.73 tpy in the 2015 PM2.5
MVEB. However, as discussed above,
EPA holds that the impact of the PM2.5
emissions increase is more than
compensated by decreases in sulfate and
nitrate concentrations resulting from
reductions in SO2 and NOX emissions.
Therefore, EPA concludes that the
requested budgets, including the
requested safety margins, provide for a
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quantity of mobile source emissions that
would be expected to maintain the
PM2.5 standard.
C. 2006 Comprehensive Emissions
Inventory
As discussed above in section
IV.A.2.a.ii., section 172(c)(3) of the CAA
requires areas to submit a
comprehensive, accurate and current
emissions inventory. IDEM submitted a
2006 base year emissions inventory that
meets this requirement. Emissions
contained in the submittal cover the
general source categories of point
sources, area sources, on-road mobile
sources, and nonroad mobile sources.
For the point source sector, EGU SO2
and NOX emissions were derived from
EPA’s Clean Air Market’s database. All
other point source emissions were
59525
has reviewed Indiana’s documentation
of the emissions inventory techniques
and data sources used for the derivation
of the 2006 emissions estimates and has
found that Indiana has thoroughly
documented the derivation of these
emissions inventories.
In the May 31, 2011, submittal, IDEM
states that the 2006 emissions inventory
(and the 2008 attainment year emissions
inventory) are currently the most
complete emissions inventories for
PM2.5 and PM2.5 precursors in the
Indianapolis area. We also conclude that
the 2006 emissions inventory is
complete and is as accurate as possible
given the input data available to the
State. Therefore, we are approving the
2006 PM2.5 emissions inventory for the
Indianapolis area as meeting the
requirement of section 172(c)(3) of the
CAA.
obtained from Indiana’s source facility
emissions reporting.
Area source emissions were
extrapolated from Indiana’s 2005
periodic emissions inventory. Source
growth factors were supplied by
LADCO.
Nonroad mobile source emissions
were extrapolated from nonroad mobile
source emissions reported in EPA’s
2005 NEI. Contractors were employed
by LADCO to estimate emissions for
commercial marine vessels and
railroads, which were not adequately
addressed in EPA’s 2005 NEI.
On-road mobile source emissions
were calculated using EPA’s mobile
source emission factor model,
MOBILE6.2.
Note that all emissions discussed
below were documented in appendices
B through E of Indiana’s May 31, 2011,
redesignation request submittal. EPA
TABLE 12—INDIANAPOLIS AREA NOX, DIRECT PM2.5, AND SO2 EMISSIONS (TPY) FOR 2006 BY SOURCE SECTOR
Sector
NOX
Direct PM2.5
SO2
Point .................................................................................................................................
EGU .................................................................................................................................
Area .................................................................................................................................
Nonroad ...........................................................................................................................
On-road ............................................................................................................................
6,035.88
7,820.39
4,841.01
12,261.91
22,734.38
843.43
763.74
85.70
901.58
416.63
3,919.71
57,451.29
1,820.79
1,146.90
842.20
Total ..........................................................................................................................
53,693.57
3,011.08
65,180.89
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V. Summary of Actions
EPA is making a determination that
the Indianapolis area is attaining the
1997 annual PM2.5 standard and that the
area has met the requirements for
redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus approving the
request from IDEM to change the legal
designation of the Indianapolis area
from nonattainment to attainment for
the 1997 annual PM2.5 NAAQS. EPA is
approving Indiana’s PM2.5 maintenance
plan for the Indianapolis area as a
revision to the Indiana SIP because the
plan meets the requirements of section
175A of the CAA. EPA is approving
2006 emissions inventories for primary
PM2.5, NOX, and SO2, documented in
Indiana’s May 31, 2011, PM2.5
redesignation request supplemental
submittal as satisfying the requirement
in section 172(c)(3) of the CAA for a
comprehensive, current emission
inventory. Finally, EPA finds adequate
and is approving 2015 and 2025 primary
PM2.5 and NOX MVEBs for the
Indianapolis area. These MVEBs will be
used in future transportation conformity
analyses for the area.
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VI. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, these actions:
• Are not a ‘‘significant regulatory
action’’ subject to review by the Office
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Fmt 4700
Sfmt 4700
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations
application of those requirements would
be inconsistent with the CAA; and
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
These actions are not ‘‘major rules’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 28, 2011. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of these actions for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw these direct final
rules and address the comment in the
proposed rulemaking. These actions
may not be challenged later in
proceedings to enforce their
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter.
Subpart P—Indiana
2. Section 52.776 is amended by
adding paragraphs (v)(2) and (w)(2) to
read as follows:
■
§ 52.776
matter.
Control strategy: Particulate
*
*
*
*
*
(v) * * *
(2) The Indianapolis area (Hamilton,
Hendricks, Johnson, Marion and Morgan
Counties), as submitted on October 20,
2009, and supplemented it on May 31,
2011. The maintenance plan establishes
2015 motor vehicle emissions budgets
for the Indianapolis area of 353.40 tpy
for primary PM2.5 and 14,956.79 tpy for
NOX and 2025 motor vehicle emissions
budgets of 317.86 tpy for primary PM2.5
and 8,839.80 tpy for NOX.
(w) * * *
(2) Indiana’s 2006 NOX, directly
emitted PM2.5, and SO2 emissions
inventory satisfies the emission
inventory requirements of section
172(c)(3) of the Clean Air Act for the
Indianapolis area.
PART 81—[AMENDED]
Dated: September 12, 2011.
Susan Hedman,
Regional Administrator, Region 5.
3. The authority citation for part 81
continues to read as follows:
■
40 CFR parts 52 and 81 are amended
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
4. Section 81.315 is amended by
revising the entry for Indianapolis, IN in
the table entitled ‘‘Indiana PM2.5
(Annual NAAQS)’’ to read as follows:
■
§ 81.315
*
Authority: 42 U.S.C. 7401 et seq.
*
Indiana.
*
*
*
INDIANA PM2.5
[Annual NAAQS]
Designation a
Designated area
Date 1
*
Indianapolis, IN:
Hamilton County.
Hendricks County.
Johnson County.
Marion County.
Morgan County.
*
*
*
*
*
*
11/28/11
*
*
*
*
*
a Includes
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1 This
Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
VerDate Mar<15>2010
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Type
*
Attainment.
*
Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Rules and Regulations
*
*
*
*
*
[FR Doc. 2011–24373 Filed 9–26–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2008–0396; FRL–9469–5]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Redesignation of the Evansville Area
to Attainment of the Fine Particulate
Matter Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On April 3, 2008, the Indiana
Department of Environmental
Management (IDEM) submitted a
request for EPA to approve the
redesignation of the Evansville, Indiana
nonattainment area to attainment of the
1997 annual fine particulate matter
(PM2.5) standard. This request also
included emissions information and
related material to address related State
Implementation Plan (SIP)
requirements. On May 23, 2011, EPA
proposed to approve the SIP submittals
and to act as requested to redesignate
the Evansville PM2.5 nonattainment area
to attainment. The submittals included
emissions inventories, a maintenance
plan for the Evansville area for the 1997
annual PM2.5 standard and
accompanying motor vehicle emissions
budgets. EPA received one set of
adverse comments and one set of
supportive comments. After review and
consideration of these comments and of
the emission reduction mandates of the
final Cross-State Air Pollution Rule
promulgated recently, EPA is taking
final action to approve the requested SIP
revisions and to redesignate the
Evansville PM2.5 nonattainment area to
attainment for the annual 1997 PM2.5
standard.
DATES: This final rule is effective on
October 27, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2008–0396. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
wreier-aviles on DSK7SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:17 Sep 26, 2011
Jkt 223001
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone John Summerhays,
Environmental Scientist, at (312) 886–
6067, before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: John
Summerhays, Environmental Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6067,
summerhays.john@epa.gov.
SUPPLEMENTARY INFORMATION: This
supplementary information section is
arranged as follows:
I. What actions did EPA propose?
II. What is the background for these actions?
III. What comments did EPA receive and
what are EPA’s responses?
IV. How does the CSAPR compare to the
proposed Transport Rule as it affects
Evansville area air quality?
V. What is EPA’s final analysis of Indiana’s
request?
VI. Statutory and Executive Order Reviews
I. What actions did EPA propose?
Indiana submitted a request for
redesignation of the Evansville area to
attainment for the 1997 annual PM2.5
National Ambient Air Quality Standards
(NAAQS) on April 3, 2008,
supplemented by additional subsequent
submittals on various dates including
submittal of a replacement maintenance
plan on April 8, 2011. On May 23, 2011,
at 76 FR 29695, EPA published a notice
of proposed rulemaking addressing
these submittals. In the May 23 action,
EPA first referred to EPA’s prior final
determination that the Evansville area
had attained the 1997 annual PM2.5
NAAQS (published November 27, 2009,
at 74 FR 62243), and proposed to
determine that the area continues to
attain that standard. Second, EPA
proposed to approve Indiana’s 1997
annual PM2.5 maintenance plan for the
Evansville area as a revision to the
Indiana SIP, subject to the proviso that
EPA promulgate a final Transport Rule
requiring power plant emission
reductions substantially equivalent for
purposes of maintaining the PM2.5
standard in Evansville to those
proposed in EPA’s Transport Rule
proposal. Third, EPA proposed to
approve the 2005 emission inventory in
Indiana’s maintenance plan as satisfying
the requirement of section 172(c)(3) for
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Fmt 4700
Sfmt 4700
59527
a comprehensive and accurate
emissions inventory. Fourth, EPA
proposed to find that, subject to final
approval of the emissions inventory and
the proviso set forth above with respect
to EPA’s proposed Transport Rule,
Indiana meets the requirements for
redesignation of the Evansville area to
attainment of the 1997 PM2.5 NAAQS
under section 107(d)(3)(E) of the Clean
Air Act. Finally, EPA proposed to
approve the 2015 and 2022 Motor
Vehicle Emission Budgets (MVEBs) for
the Evansville area into the Indiana SIP.
These proposals were generally
contingent on EPA finalizing a
Transport Rule which, for purposes of
this action, was substantially equivalent
to the Transport Rule that EPA proposed
on August 2, 2010.
II. What is the background for these
actions?
The first air quality standards for
PM2.5 were promulgated on July 18,
1997, at 62 FR 38652. EPA promulgated
an annual standard at a level of 15
micrograms per cubic meter (mg/m3),
based on a three-year average of annual
mean PM2.5 concentrations. In the same
rulemaking, EPA promulgated a 24-hour
standard of 65 mg/m3, based on a threeyear average of the 98th percentile of 24hour concentrations. On October 17,
2006, at 71 FR 61144, EPA retained the
annual average standard at 15 mg/m3 but
revised the 24-hour standard to
35 mg/m3, based again on the three-year
average of the 98th percentile of 24-hour
concentrations.
On January 5, 2005, at 70 FR 944, as
supplemented on April 14, 2005, at 70
FR 19844, EPA designated the
Evansville area as nonattainment for the
1997 PM2.5 air quality standards. In that
action, EPA defined the Evansville
nonattainment area to include the
entirety of Dubois, Vanderburgh, and
Warrick Counties and portions of three
other counties, specifically including
Montgomery Township in Gibson
County, Ohio Township in Spencer
County, and Washington Township in
Pike County. On November 13, 2009, at
74 FR 58688, EPA promulgated
designations for the 24-hour standard
set in 2006, designating the Evansville
area as attaining this standard. In that
action, EPA also clarified the
designations for the NAAQS
promulgated in 1997, stating that the
Evansville area remained designated
nonattainment for the 1997 annual
PM2.5 standard, but was designated
attainment for the 1997 24-hour
standard. Thus today’s action does not
address attainment of either the 1997 or
the 2006 24-hour standards.
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]]>Agencies
[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Rules and Regulations]
[Pages 59512-59527]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24373]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2009-0839; FRL-9469-6]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Redesignation of the Indianapolis Area to Attainment of the
1997 Annual Standard for Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving Indiana's request to redesignate the
Indianapolis, Indiana nonattainment area (Hamilton, Hendricks, Johnson,
Marion, and Morgan Counties) to attainment for the 1997 annual National
Ambient Air Quality Standard (NAAQS or standard)
[[Page 59513]]
for fine particulate matter (PM2.5), because the request
meets the statutory requirements for redesignation under the Clean Air
Act (CAA). The Indiana Department of Environmental Management (IDEM)
submitted this request to EPA on October 20, 2009 and supplemented it
on May 31, 2011. EPA's approval involves several additional related
actions. EPA is making a determination that the Indianapolis area has
attained the 1997 annual PM2.5 standard. EPA is approving,
as a revision to the Indiana State Implementation Plan (SIP), the
State's plan for maintaining the 1997 annual PM2.5 NAAQS
through 2025 in the area. EPA is approving the 2006 emissions inventory
for the Indianapolis area as meeting the comprehensive emissions
inventory requirement of the CAA. Finally, EPA finds adequate and is
approving Indiana's Nitrogen Oxides (NOX) and
PM2.5 Motor Vehicle Emission Budgets (MVEBs) for 2015 and
2025 for the Indianapolis area.
DATES: This direct final rule will be effective November 28, 2011,
unless EPA receives adverse comments by October 27, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0839, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Aburano.Douglas@epa.gov.
Fax: (312) 408-2779.
Mail: Doug Aburano, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: Doug Aburano, Control Strategies Section,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, 18th Floor, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0839. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects and viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Kathleen D'Agostino at (312)
886-1767 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, or
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What actions is EPA taking?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of the state's request?
A. Attainment Determination and Redesignation
B. Adequacy of Indiana's MVEBs
C. 2006 Comprehensive Emissions Inventory
V. Summary of Actions
VI. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is making a determination that the Indianapolis area is
attaining the 1997 annual PM2.5 standard and that the area
has met the requirements for redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus approving the request from IDEM to change the
legal designation of the Indianapolis area from nonattainment to
attainment for the 1997 annual PM2.5 NAAQS. EPA is also
taking several additional actions related to Indiana's PM2.5
redesignation request, as discussed below.
EPA is approving Indiana's PM2.5 maintenance plan for
the Indianapolis area as a revision to the Indiana SIP (such approval
being one of the CAA criteria for redesignation to attainment status).
The maintenance plan is designed to keep the Indianapolis area in
attainment of the 1997 annual PM2.5 NAAQS through 2025.
EPA is approving 2006 emissions inventories for primary
PM2.5,\1\ NOX, and Sulfur Dioxide
(SO2),\2\ documented in Indiana's May 31, 2011,
PM2.5 redesignation request supplemental submittal. These
emissions inventories satisfy the requirement in section 172(c)(3) of
the CAA for a comprehensive, current emission inventory.
---------------------------------------------------------------------------
\1\ Fine particulates directly emitted by sources and not formed
in a secondary manner through chemical reactions or other processes
in the atmosphere.
\2\ NOX and SO2 are precursors for fine
particulates formed through chemical reactions and other related
processes in the atmosphere.
---------------------------------------------------------------------------
Finally, EPA finds adequate and is approving 2015 and 2025 primary
PM2.5 and NOX MVEBs for the Indianapolis area.
These MVEBs will be used in future transportation conformity analyses
for the area.
II. What is the background for these actions?
The first air quality standards for PM2.5 were
promulgated on July 18, 1997, at 62 FR 38652. EPA promulgated an annual
standard at a level of 15 micrograms per cubic meter ([micro]g/m\3\) of
ambient air, based on a three-year average of the annual mean
PM2.5
[[Page 59514]]
concentrations at each monitoring site. In the same rulemaking, EPA
promulgated a 24-hour PM2.5 standard at 65 [micro]g/m\3\,
based on a three-year average of the annual 98th percentile of 24-hour
PM2.5 concentrations at each monitoring site.
On January 5, 2005, at 70 FR 944, EPA published air quality area
designations and classifications for the 1997 annual PM2.5
standard based on air quality data for calendar years 2001-2003. In
that rulemaking, EPA designated the Indianapolis, IN area as
nonattainment for the 1997 annual PM2.5 standard.
On October 17, 2006, at 71 FR 61144, EPA retained the annual
PM2.5 standard at 15 [micro]g/m\3\ (2006 annual
PM2.5 standard), but revised the 24-hour standard to 35
[micro]g/m\3\, based again on the three-year average of the annual 98th
percentile of the 24-hour PM2.5 concentrations. In response
to legal challenges of the 2006 annual PM2.5 standard, the
U.S. Court of Appeals for District of Columbia Circuit (D.C. Circuit)
remanded this standard to EPA for further consideration. See American
Farm Bureau Federation and National Pork Producers Council, et al. v.
EPA, 559 F.3d 512 (D.C. Cir. 2009). However, given that the 1997 and
2006 annual PM2.5 standards are essentially identical,
attainment of the 1997 annual PM2.5 standard would also
indicate attainment of the remanded 2006 annual standard. Since the
Indianapolis area is designated as nonattainment only for the 1997
annual PM2.5 standard, today's proposed action addresses
redesignation to attainment only for this standard.
Fine particulate pollution can be emitted directly from a source
(primary PM2.5) or formed secondarily through chemical
reactions in the atmosphere involving precursor pollutants emitted from
a variety of sources. Sulfates are a type of secondary particulate
formed from SO2 emissions from power plants and industrial
facilities. Nitrates, another common type of secondary particulate, are
formed from combustion of NOX emissions from power plants,
mobile sources, and other combustion sources.
III. What are the criteria for redesignation to attainment?
The CAA sets forth the requirements for redesignating a
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of
the CAA allows redesignation provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable SIP for the area under
section 110(k) of the CAA; (3) the Administrator determines that the
improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from the implementation of the
applicable SIP, Federal emission control regulations, and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area meeting the
requirements of section 175A of the CAA; and, (5) the state containing
the area has met all requirements applicable to the area for purposes
of redesignation under section 110 and part D of the CAA.
IV. What is EPA's analysis of the state's request?
A. Attainment Determination and Redesignation
EPA is making a determination that the Indianapolis area has
attained the 1997 annual PM2.5 standard and that the area
has met all other applicable redesignation criteria under CAA section
107(d)(3)(E). The basis for EPA's approval of the redesignation request
is as follows:
1. The Area Has Attained the 1997 Annual PM2.5 NAAQS
(Section 107(d)(3)(E)(i))
EPA is making a determination that the Indianapolis area has
attained the 1997 annual PM2.5 NAAQS. An area may be
considered to be attaining the 1997 annual PM2.5 NAAQS if
there are no violations, as determined in accordance with 40 CFR 50.7
and part 50, Appendix N, based on three complete consecutive calendar
years of quality-assured air quality monitoring data. To attain this
standard, the three-year average of annual means must not exceed 15.0
[mu]g/m\3\ at all relevant monitoring sites in the subject area. Under
40 CFR part 50, Appendix N 4.1, a year of PM2.5 data meets
completeness requirements when ``at least 75 percent of the scheduled
sampling days for each quarter has valid data.''
The redesignation request includes monitoring data showing
attainment of the standard for the 2006-2008, 2007-2009, and 2008-2010
time periods. All of the PM2.5 monitors in the Indianapolis
area are located in Marion County. Table 1, below, provides a summary
of the PM2.5 annual air quality monitoring data for the
years 2006-2010. Table 2, below, provides the three-year average of
annual means for the 2006-2008, 2007-2009, and 2008-2010 time periods.
Table 1--PM2.5 Annual Mean PM2.5 Concentrations for the Indianapolis Area
[[micro]g/m\3\]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yearly annual mean
Monitor -----------------------------------------------------------------------------------------
2006 2007 2008 2009 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indianapolis--Washington Park 180970078....................... 14.14 15.66 13.02 12.11 12.86
Indianapolis--W. 18th Street 180970081........................ 14.12 16.07 13.75 12.96 14.03
Indianapolis--E. Michigan Street 180970083.................... 14.15 15.93 13.17 12.40 13.91
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Three-Year Average of the Annual Mean PM2.5 Concentrations for the Indianapolis Area
[[micro]g/m\3\]
----------------------------------------------------------------------------------------------------------------
Monitor 2006-2008 2007-2009 2008-2010
----------------------------------------------------------------------------------------------------------------
Indianapolis--Washington Park 180970078................... 14.3 13.6 12.7
Indianapolis--E. 75th Street 180970081.................... 14.6 14.3 13.6
Indianapolis--E. Michigan Street 180970083................ 14.4 13.8 13.2
----------------------------------------------------------------------------------------------------------------
[[Page 59515]]
The data in tables 1 and 2 show that all relevant PM2.5
monitors in the Indianapolis PM2.5 nonattainment area have
recorded PM2.5 concentrations attaining the 1997 annual
PM2.5 standard during the 2006-2008, 2007-2009, and 2008-
2010 time periods. These annual average PM2.5 concentrations
are based on complete PM2.5 monitoring data that have been
quality-assured and stored in EPA's Air Quality System (AQS) database.
Therefore, EPA concludes that the Indianapolis area has attained the
1997 PM2.5 standard. Preliminary data available for 2011 are
consistent with continued attainment.
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D; and the Area Has a Fully Approved SIP Under Section 110(k)
(Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
We have determined that Indiana's SIP meets all applicable SIP
requirements for purposes of redesignation for the Indianapolis area
under section 110 of the CAA (general SIP requirements) and all SIP
requirements currently applicable for purposes of redesignation under
part D of Title I of the CAA, in accordance with section
107(d)(3)(E)(v). In addition, with the exception of the emissions
inventory under section 172(c)(3), we have approved all applicable
requirements of the Indiana SIP for purposes of redesignation, in
accordance with section 107(d)(3)(E)(ii). As discussed below, in this
action EPA is approving Indiana's 2006 emissions inventory as meeting
the section 172(c)(3) comprehensive emissions inventory requirement.
In making these determinations, we have ascertained which SIP
requirements are applicable to the area for purposes of redesignation,
and have determined that there are SIP measures meeting those
requirements and that they are fully approved under section 110(k) of
the CAA.
a. The Indianapolis Area Has Met All Applicable Requirements for
Purposes of Redesignation Under Section 110 and Part D of the CAA
i. Section 110 General SIP Requirements
Section 110(a) of Title I of the CAA contains the general
requirements for a SIP. Section 110(a)(2) provides that the
implementation plan submitted by a state must have been adopted by the
state after reasonable public notice and hearing, and, among other
things, must: Include enforceable emission limitations and other
control measures, means or techniques necessary to meet the
requirements of the CAA; provide for establishment and operation of
appropriate devices, methods, systems, and procedures necessary to
monitor ambient air quality; provide for implementation of a source
permit program to regulate the modification and construction of any
stationary source within the areas covered by the plan; include
provisions for the implementation of part C, Prevention of Significant
Deterioration (PSD) and part D, New Source Review (NSR) permit
programs; include criteria for stationary source emission control
measures, monitoring, and reporting; include provisions for air quality
modeling; and provide for public and local agency participation in
planning and emission control rule development.
Section 110(a)(2)(D) of the CAA requires that SIPs contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. EPA holds that the requirements
linked with a particular nonattainment area's designation are the
relevant measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the state. Thus, we conclude that these requirements should not
be construed to be applicable requirements for purposes of
redesignation.
Further, we conclude the other section 110 elements described above
that are not connected with nonattainment plan submissions and not
linked with an area's attainment status are also not applicable
requirements for purposes of redesignation. A state remains subject to
these requirements after an area is redesignated to attainment. We
conclude that only the section 110 and part D requirements that are
linked with a particular area's designation are the relevant measures
which we may consider in evaluating a redesignation request. This
approach is consistent with EPA's existing policy on applicability of
conformity and oxygenated fuels requirements for redesignation
purposes, as well as with section 184 ozone transport requirements. See
Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174-
53176, October 10, 1996) and (62 FR 24826, May 7, 1997); Cleveland-
Akron-Lorain, Ohio, final rulemaking (61 FR 20458, May 7, 1996); and
Tampa, Florida, final rulemaking (60 FR 62748, December 7, 1995). See
also the discussion on this issue in the Cincinnati, Ohio 1-hour ozone
redesignation (65 FR 37890, June 19, 2000), and in the Pittsburgh,
Pennsylvania 1-hour ozone redesignation (66 FR 50399, October 19,
2001).
We have reviewed Indiana's SIP and have concluded that it meets the
general SIP requirements under section 110 of the CAA to the extent
they are applicable for purposes of redesignation. EPA has previously
approved provisions of the Indiana SIP addressing section 110
requirements (including provisions addressing particulate matter) at 40
CFR 52.770. On December 7, 2007, September 9, 2008, March 23, 2011, and
April 7, 2011, Indiana made submittals addressing ``infrastructure
SIP'' elements required by section 110(a)(2) of the CAA. EPA approved
elements of Indiana's submittals on July 13, 2011, at 76 FR 41075. The
requirements of section 110(a)(2), however, are statewide requirements
that are not linked to the PM2.5 nonattainment status of the
Indianapolis area. Therefore, EPA believes that these SIP elements are
not applicable requirements for purposes of review of the State's
PM2.5 redesignation request.
ii. Part D Requirements
EPA has determined that, upon approval of the base year emissions
inventories discussed in section IV.C. of this rulemaking, the Indiana
SIP will meet the applicable SIP requirements for the Indianapolis area
applicable for purposes of redesignation under part D of the CAA.
Subpart 1 of part D, found in sections 172-176 of the CAA, sets forth
the basic nonattainment requirements applicable to all nonattainment
areas.
Subpart 1 Section 172 Requirements
For purposes of evaluating this redesignation request, the
applicable section 172 SIP requirements for the Indianapolis area are
contained in sections 172(c)(1)-(9). A thorough discussion of the
requirements contained in section 172 can be found in the General
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992).
Section 172(c)(1) requires the plans for all nonattainment areas to
provide for the implementation of all Reasonably Available Control
Measures (RACM) as expeditiously as practicable and to provide for
attainment of the primary NAAQS. EPA interprets this requirement to
impose a duty on all nonattainment areas to consider all available
control measures and to adopt and implement such measures as are
reasonably available for implementation
[[Page 59516]]
in each area as components of the area's attainment demonstration.
Because attainment has been reached, no additional measures are needed
to provide for attainment, and section 172(c)(1) requirements are no
longer considered to be applicable as long as the area continues to
attain the standard until redesignation. See 40 CFR 51.1004(c).
The Reasonable Further Progress (RFP) requirement under section
172(c)(2) is defined as progress that must be made toward attainment.
This requirement is not relevant for purposes of redesignation because
the Indianapolis area has monitored attainment of the 1997 annual
PM2.5 NAAQS. Id. The requirement to submit the section
172(c)(9) contingency measures is similarly not applicable for purposes
of redesignation. Id.
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate, and current inventory of actual emissions.
Indiana submitted a 2006 base year emissions inventory along with the
redesignation request. As discussed below in section IV.C., EPA is
approving the 2006 base year inventory as meeting the section 172(c)(3)
emissions inventory requirement for the Indianapolis area.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources in an
area, and section 172(c)(5) requires source permits for the
construction and operation of new and modified major stationary sources
anywhere in the nonattainment area. EPA approved Indiana's current NSR
program on October 7, 1994 (59 FR 51108). Nonetheless, since PSD
requirements will apply after redesignation, the area need not have a
fully-approved NSR program for purposes of redesignation, provided that
the area demonstrates maintenance of the NAAQS without part D NSR. A
detailed rationale for this view is described in a memorandum from Mary
Nichols, Assistant Administrator for Air and Radiation, dated October
14, 1994, entitled, ``Part D New Source Review Requirements for Areas
Requesting Redesignation to Attainment.'' Indiana has demonstrated that
the Indianapolis area will be able to maintain the standard without
part D NSR in effect; therefore, the State need not have a fully
approved part D NSR program prior to approval of the redesignation
request. The State's PSD program will become effective in the
Indianapolis area upon redesignation to attainment. See rulemakings for
Detroit, Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-
Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville,
Kentucky (66 FR 53665, October 23, 2001); and Grand Rapids, Michigan
(61 FR 31834-31837, June 21, 1996).
Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the standard. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we find that the
Indiana SIP meets the section 110(a)(2) requirements applicable for
purposes of redesignation.
Subpart 1 Section 176 Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally-supported or funded activities,
including highway projects, conform to the air quality planning goals
in the applicable SIPs. The requirement to determine conformity applies
to transportation plans, programs, and projects developed, funded, or
approved under Title 23 of the U.S. Code and the Federal Transit Act
(transportation conformity) as well as to all other Federally-supported
or funded projects (general conformity). State transportation
conformity regulations must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability,
which EPA promulgated pursuant to CAA requirements.
EPA approved Indiana's general and transportation conformity SIPs
on January 14, 1998 (63 FR 2146) and August 17, 2010 (75 FR 50730),
respectively. Section 176(c) of the CAA was amended by provisions
contained in the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEALU), which was signed into law
on August 10, 2005 (Public Law 109-59). In adopting this revision to
the CAA, Congress streamlined the requirements for state conformity
SIPs. Indiana is in the process of updating its transportation
conformity SIP to meet these new requirements.
Indiana has submitted on-road MVEBs for the Indianapolis area of
353.40 tons per year (tpy) and 317.86 tpy primary PM2.5 and
14,956.79 tpy and 8,839.80 tpy NOX for the years 2015 and
2025, respectively. The area must use the MVEBs from the maintenance
plan in any conformity determination that is made on or after the
effective date of the adequacy finding and maintenance plan approval.
b. The Indianapolis Area Has a Fully Approved Applicable SIP Under
Section 110(k) of the CAA
Upon final approval of Indiana's comprehensive 2006 emissions
inventory, EPA will have fully approved the Indiana SIP for the
Indianapolis area under section 110(k) of the CAA for all requirements
applicable for purposes of redesignation. EPA may rely on prior SIP
approvals in approving a redesignation request (See page 3 of the
September 4, 1992, memorandum from John Calcagni, entitled ``Procedures
for Processing Requests to Redesignate Areas to Attainment'';
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426 (6th Cir. 2001))
plus any additional measures it may approve in conjunction with a
redesignation action. See 68 FR 25413, 25426 (May 12, 2003). Since the
passage of the CAA of 1970, Indiana has adopted and submitted, and EPA
has fully approved, provisions addressing various required SIP elements
under particulate matter standards. In this action, EPA is approving
Indiana's 2006 base year emissions inventory for the Indianapolis area
as meeting the requirement of section 172(c)(3) of the CAA. No
Indianapolis area SIP provisions are currently disapproved,
conditionally approved, or partially approved.
3. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIP and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))
EPA finds that Indiana has demonstrated that the observed air
quality improvement in the Indianapolis area is due to permanent and
enforceable reductions in emissions resulting from implementation of
the SIP, Federal measures, and other state-adopted measures.
In making this showing, IDEM has calculated the change in emissions
between 2002, one of the years used as a basis for designating the
Indianapolis area as nonattainment, and 2008, one of the years in the
period during which the Indianapolis area monitored attainment. The
reduction in emissions and the corresponding improvement in air quality
over this time period can be attributed to a number of regulatory
control measures that the Indianapolis
[[Page 59517]]
area and upwind areas have implemented in recent years.
a. Permanent and Enforceable Controls Implemented
The following is a discussion of permanent and enforceable measures
that have been implemented in the areas:
i. Federal Emission Control Measures
Reductions in fine particle precursor emissions have occurred
statewide and in upwind areas as a result of Federal emission control
measures, with additional emission reductions expected to occur in the
future. Federal emission control measures include the following:
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. These emission control requirements result in lower volatile
organic compound (VOC), NOX, and SO2 emissions
from new cars and light duty trucks, including sport utility vehicles.
The Federal rules were phased in between 2004 and 2009. The EPA has
estimated that, by the end of the phase-in period, the following
vehicle NOX emission reductions will occur nationwide:
Passenger cars (light duty vehicles) (77 percent); light duty trucks,
minivans, and sports utility vehicles (86 percent); and larger sports
utility vehicles, vans, and heavier trucks (69 to 95 percent). Some of
the emissions reductions resulting from new vehicle standards occurred
during the 2008-2010 attainment period; however additional reductions
will continue to occur throughout the maintenance period as new
vehicles replace older vehicles. The Tier 2 standards also reduced the
sulfur content of gasoline to 30 parts per million (ppm) beginning in
January 2006. Most gasoline sold in Indiana prior to January 2006 had a
sulfur content of about 500 ppm.
Heavy-Duty Diesel Engine Rule. This rule, which EPA issued in July
2000, limited the sulfur content of diesel fuel beginning in 2004. A
second phase took effect in 2007 which reduced fine particle emissions
from heavy-duty highway engines and further reduced the highway diesel
fuel sulfur content to 15 ppm. The total program is estimated to
achieve a 90 percent reduction in primary PM2.5 emissions
and a 95 percent reduction in NOX emissions for these new
engines using low sulfur diesel, compared to existing engines using
higher sulfur content diesel. The reductions in fuel sulfur content
occurred by the 2008-2010 attainment period. Some of the emissions
reductions resulting from new vehicle standards occurred during the
2008-2010 attainment period, however additional reductions will
continue to occur throughout the maintenance period as the fleet of
older heavy duty diesel engines turns over. The reduction in fuel
sulfur content also yielded an immediate reduction in sulfate particle
emissions from all diesel vehicles.
Nonroad Diesel Rule. In May 2004, EPA promulgated a new rule for
large nonroad diesel engines, such as those used in construction,
agriculture, and mining equipment, which established engine emission
standards to be phased in between 2008 and 2014. The rule also required
reductions to the sulfur content in nonroad diesel fuel by over 99
percent. Prior to 2006, nonroad diesel fuel averaged approximately
3,400 ppm sulfur. This rule limited nonroad diesel sulfur content to
500 ppm by 2006, with a further reduction to 15 ppm, by 2010. The
combined engine and fuel rules will reduce NOX and PM
emissions from large nonroad diesel engines by over 90 percent,
compared to current nonroad engines using higher sulfur content diesel.
The reduction in fuel sulfur content yielded an immediate reduction in
sulfate particle emissions from all diesel vehicles. In addition, some
emissions reductions from the new engine emission standards were
realized over the 2008-2010 time period, although most of the
reductions will occur over the maintenance period as the fleet of older
nonroad diesel engines turns over.
Nonroad Large Spark-Ignition Engine and Recreational Engine
Standards. In November 2002, EPA promulgated emission standards for
groups of previously unregulated nonroad engines. These engines include
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles using spark-
ignition engines such as off-highway motorcycles, all-terrain vehicles,
and snowmobiles; and recreational marine diesel engines. Emission
standards from large spark-ignition engines were implemented in two
tiers, with Tier 1 starting in 2004 and Tier 2 in 2007. Recreational
vehicle emission standards are being phased in from 2006 through 2012.
Marine Diesel engine standards were phased in from 2006 through 2009.
With full implementation of all of the nonroad spark-ignition engine
and recreational engine standards, an overall 72 percent reduction in
VOC, 80 percent reduction in NOX and 56 percent reduction in
carbon monoxide (CO) emissions are expected by 2020. Some of these
emission reductions occurred by the 2008-2010 attainment period and
additional emission reductions will occur during the maintenance period
as the fleet turns over.
ii. Control Measures in Upwind Areas
Given the significance of sulfates and nitrates in the Indianapolis
area, the area's air quality is strongly affected by regulation of
SO2 and NOX emissions from power plants.
NOX SIP Call.On October 27, 1998 (63 FR 57356), EPA
issued a NOX SIP Call requiring the District of Columbia and
22 states to reduce emissions of NOX. Affected states were
required to comply with Phase I of the SIP Call beginning in 2004, and
Phase II beginning in 2007. Emission reductions resulting from
regulations developed in response to the NOX SIP Call are
permanent and enforceable.
Clean Air Interstate Rule (CAIR). EPA proposed CAIR on January 30,
2004, at 69 FR 4566, promulgated CAIR on May 12, 2005, at 70 FR 25162,
and promulgated associated Federal Implementation Plans (FIPs) on April
28, 2006, at 71 FR 25328, in order to reduce SO2 and
NOX emissions and improve air quality in many areas across
Eastern United States. However, on July 11, 2008, the United States
Court of Appeals for the District of Columbia Circuit vacated and
remanded both CAIR and the associated CAIR FIPs in their entirety. See
North Carolina v. EPA, 531 F.3d 836 (D.C. Cir. 2008). EPA petitioned
for a rehearing, and the D.C. Circuit issued an order remanding CAIR
and the CAIR FIPs to EPA without vacatur. See North Carolina v. EPA,
550 F.3d 1176 (D.C. Cir. 2008). The D.C. Circuit, thereby, left CAIR in
place in order to ``temporarily preserve the environmental values
covered by CAIR'' until EPA replaced it with a rule consistent with the
Court's opinion. Id. at 1178. The court directed EPA to ``remedy CAIR's
flaws'' consistent with the July 11, 2008, opinion, but declined to
impose a schedule on EPA for completing this action. Id).
On August 8, 2011, at 76 FR 48208, EPA promulgated the Cross-State
Air Pollution Rule (CSAPR) to address interstate transport of emissions
and resulting secondary air pollutants and to replace CAIR. The CAIR,
among other things, required NOX emission reductions that
contributed to the air quality improvement in the Indianapolis
nonattainment area. The CAIR emission reduction requirements limit
emissions through 2011; CSAPR requires similar or greater emission
reductions in the relevant areas in 2012 and beyond. CSAPR requires
substantial reductions of SO2 and NOX emissions
from Electric Generating Units (EGUs or power plants) across most of
Eastern United
[[Page 59518]]
States, with implementation beginning on January 1, 2012. In
particular, this rule requires reduction of these emissions to levels
well below the levels that led to attainment of the 1997 annual
PM2.5 standard in the Indianapolis nonattainment area. Thus
the emission reductions that are mandated first by CAIR and then by
CSAPR may be considered to be permanent and enforceable. In turn, the
air quality improvement in the Indianapolis nonattainment area that has
resulted from EGU emission reductions to date (as well as the
substantial further air quality improvement that would be expected to
result from full implementation of CSAPR) may also be considered to be
permanent and enforceable.
b. Emission Reductions
Indiana developed emissions inventories for NOX, primary
PM2.5, and SO2 for 2002, one of the years used to
designate the areas as nonattainment, and 2008, one of the years the
Indianapolis area monitored attainment of the standard.
EGU SO2 and NOX emissions were derived from
EPA's Clean Air Market's acid rain database. These emissions reflect
implementation of the acid rain program and EPA's NOX SIP
call. The 2008 emissions also reflect implementation of CAIR. All other
point source emissions were obtained from Indiana's source facility
emissions reporting.
Area source emissions for the Indianapolis area for 2002 and 2005
were taken from Indiana's 2002 and 2005 periodic emissions
inventories.\3\ The 2005 periodic emission inventory area source
emissions were extrapolated to 2008. Source growth factors were
supplied by the Lake Michigan Air Directors Consortium (LADCO).
---------------------------------------------------------------------------
\3\ Periodic emission inventories are derived by states every
three years and reported to EPA. These periodic emission inventories
are required by the Federal Consolidated Emissions Reporting Rule,
codified at 40 CFR Subpart A. EPA revised these and other emission
reporting requirements in a final rule published on December 17,
2008, at 73 FR 76539.
---------------------------------------------------------------------------
Nonroad mobile source emissions were extrapolated from nonroad
mobile source emissions reported in EPA's 2005 National Emissions
Inventory (NEI). Contractors were employed by LADCO to estimate
emissions for commercial marine vessels and railroads.
On-road mobile source emissions were calculated using EPA's mobile
source emission factor model, MOBILE6.2.
Note that all emissions discussed below were documented in
appendices B through E of Indiana's May 31, 2011, redesignation request
submittal. For these data and additional emissions inventory data,
please go to EPA's digital docket for this proposed rule, https://www.regulations.gov, which includes a digital copy of Indiana's May 31,
2011, submittal.
Emissions data are shown in tables 3 through 5 below.
Table 3--Comparison of 2002 and 2008 NOX Emission Totals by Source Sector (tpy) for the Indianapolis Area
----------------------------------------------------------------------------------------------------------------
NOX
-----------------------------------------------------
Sector Net change 2002-
2002 2008 2008
----------------------------------------------------------------------------------------------------------------
Point..................................................... 8,045.92 6,259.45 -1,786.47
EGU....................................................... 12,388.02 7,183.98 -5,204.04
Area...................................................... 5,518.12 4,885.91 -632.21
Nonroad................................................... 11,973.65 10,953.68 -1,019.97
On-road................................................... 38,059.50 21,494.74 -16,564.76
-----------------------------------------------------
Total................................................. 75,985.21 50,777.76 -25,207.45
----------------------------------------------------------------------------------------------------------------
Table 4--Comparison of 2002 and 2008 Primary PM2.5 Emission Totals by Source Sector (tpy) for the Indianapolis
Area
----------------------------------------------------------------------------------------------------------------
Direct PM2.5
-----------------------------------------------------
Sector Net change 2002-
2002 2008 2008
----------------------------------------------------------------------------------------------------------------
Point..................................................... 653.57 843.05 189.48
EGU....................................................... 110.66 1,966.49 1,855.83
Area...................................................... 2,934.93 85.36 -2,849.57
Nonroad................................................... 847.73 805.42 -42.31
On-road................................................... 670.50 403.67 -266.83
-----------------------------------------------------
Total................................................. 5,217.39 4,103.99 -1,113.40
----------------------------------------------------------------------------------------------------------------
Table 5--Comparison of 2002 and 2008 SO2 Emission Totals by Source Sector (tpy) for the Indianapolis Area
----------------------------------------------------------------------------------------------------------------
SO2
-----------------------------------------------------
Sector Net change 2002-
2002 2008 2008
----------------------------------------------------------------------------------------------------------------
Point..................................................... 4,835.58 2,415.94 -2,419.64
EGU....................................................... 68,148.53 38,027.05 -30,121.48
Area...................................................... 8,676.35 1,830.02 -6,846.33
[[Page 59519]]
Nonroad................................................... 1,121.00 576.13 -544.87
On-road................................................... 1,219.50 653.54 -565.96
-----------------------------------------------------
Total................................................. 84,000.96 43,502.68 -40,498.28
----------------------------------------------------------------------------------------------------------------
Table 3 shows that the Indianapolis area reduced NOX
emissions by 25,207.45 tpy between 2002 and 2008. Table 4 shows that
the Indianapolis area reduced direct PM2.5 emissions by
1,113.40 tpy between 2002 and 2008. Table 5 shows that the Indianapolis
area reduced SO2 emissions by 40,498.28 tpy between 2002 and
2008.
Because PM2.5 concentrations in the Indianapolis area
are significantly impacted by the transport of sulfates and nitrates,
the area's air quality is strongly affected by regulation of
SO2 and NOX emissions from power plants. Table 6,
below, presents actual statewide EGU emissions data compiled by EPA's
Clean Air Markets Division for the years 2002 and 2008. Emissions for
2002 reflect implementation of the acid rain program while emissions
for 2008 also reflect reductions implemented under CAIR. This table
shows emissions for all states that, according to modeling conducted
for the final CSAPR, are estimated to contribute at least 0.15 [mu]g/
m\3\ to Indianapolis area annual average PM2.5
concentrations in the absence of CAIR or CSAPR. (See https://epa.gov/crossstaterule/pdfs/CSAPR_Ozone%20and%20PM2.5_Contributions.xls.)
Table 6--Comparison of 2002 and 2008 Statewide EGU NOX and SO2 Emissions (tpy) for States Impacting the Indianapolis Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX SO2
-----------------------------------------------------------------------------------------------
State Net change Net change
2002 2008 2002-2008 2002 2008 2002-2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama................................................. 161,559 112,625 -48,934 448,248 357,547 -90,701
Illinois................................................ 174,247 119,930 -54,317 353,699 257,357 -96,342
Indiana................................................. 281,146 190,092 -91,054 778,868 565,459 -213,409
Iowa.................................................... 78,956 49,023 -29,933 127,847 109,293 -18,554
Kentucky................................................ 198,599 157,903 -40,696 482,653 344,356 -138,297
Michigan................................................ 132,623 107,624 -25,000 342,999 326,501 -16,498
Missouri................................................ 139,799 88,742 -51,057 235,532 258,269 22,737
Ohio.................................................... 370,497 235,049 -135,448 1,132,069 709,444 -422,625
Pennsylvania............................................ 200,909 183,658 -17,251 889,766 831,915 -57,851
Tennessee............................................... 155,996 85,641 -70,356 336,995 208,069 -128,926
West Virginia........................................... 225,371 99,484 -125,887 507,110 301,574 -205,536
Wisconsin............................................... 88,970 47,794 -41,175 191,257 129,694 -61,563
-----------------------------------------------------------------------------------------------
Total............................................... 2,208,672 1,477,564 -731,108 5,827,042 4,399,478 -1,427,564
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 6 shows that states impacting the Indianapolis area reduced
NOX and SO2 emissions from EGUs by 731,108 tpy
and 1,427,564 tpy, respectively, between 2002 and 2008.
Based on the information summarized above, Indiana has adequately
demonstrated that the improvement in air quality is due to permanent
and enforceable emissions reductions.
4. The Area Has a Fully Approved Maintenance Plan Pursuant to Section
175A of the CAA (Section 107(d)(3)(E)(iv))
In conjunction with Indiana's request to redesignate the
Indianapolis nonattainment area to attainment status, IDEM submitted a
SIP revision to provide for maintenance of the 1997 annual
PM2.5 NAAQS in the area through 2025.
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after EPA
approves a redesignation to attainment. Eight years after
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for ten
years following the initial ten-year maintenance period. To address the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures with a schedule for implementation as EPA
deems necessary to assure prompt correction of any future
PM2.5 violations.
The September 4, 1992, John Calcagni memorandum provides additional
guidance on the content of a maintenance plan. The memorandum states
that a maintenance plan should address the following items: the
attainment emissions inventories, a maintenance demonstration showing
maintenance for the ten years of the maintenance period, a commitment
to maintain the existing monitoring network, factors and procedures to
be used for verification of continued attainment of the NAAQS, and a
contingency plan to prevent or correct future violations of the NAAQS.
[[Page 59520]]
b. Attainment Inventory
The IDEM developed emissions inventories for NOX, direct
PM2.5, and SO2 for 2008, one of the years used to
demonstrate monitored attainment of the 1997 annual PM2.5
standard, as described in section IV.A.3.b., above. The attainment
level of emissions is summarized in tables 2 through 4, above.
c. Demonstration of Maintenance
Along with the redesignation request, IDEM submitted revisions to
the Indiana PM2.5 SIP to include a maintenance plan for the
Indianapolis area, as required by section 175A of the CAA. This
demonstration shows maintenance of the annual PM2.5 standard
through 2025 by showing that current and future emissions of
NOX, direct PM2.5 and SO2 for the area
remain at or below attainment year emission levels. A maintenance
demonstration may be based on such an emissions inventory approach. See
Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. EPA, 375 F.
3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100 (October 19,
2001), 68 FR 25413, 25430-25432 (May 12, 2003).
Indiana is using emissions inventory projections for the years
2015, 2020, and 2025 to demonstrate maintenance. The projected
emissions were estimated by IDEM, with assistance from LADCO, and the
Indianapolis Metropolitan Planning Organization.
As noted above, IDEM and others estimating mobile source emissions
for the Indianapolis area have used EPA's MOBILE6.2 mobile source
emission factor model to estimate mobile source emissions in both the
October 20, 2009, submittal and the May 31, 2011, submittal rather than
MOVES to estimate mobile source emissions.\4\ EPA is proposing to
approve Indiana's continued use of MOBILE6.2 in this maintenance plan.
Air quality data indicate that the area has attained the 1997
PM2.5 annual standard, and large emission reductions are
expected in this area and in upwind areas in the coming years, which
will maintain the 1997 PM2.5 annual standard during the
maintenance period. If MOVES had been used to estimate on-road mobile
source emissions, we believe it would not have changed this conclusion.
---------------------------------------------------------------------------
\4\ MOVES2010a is EPA's most recent model for estimating on-road
mobile source emissions. MOVES was officially released for use in
SIPs and regional transportation conformity determinations on March
2, 2010, at 75 FR 9411.
---------------------------------------------------------------------------
In addition, the recent, May 31, 2011, submittal only extended the
maintenance period by five years from the maintenance period documented
in the October 20, 2009, submittal, and it was not necessary for the
newer submittal to revisit earlier years of the maintenance period.
This extension of the maintenance period was necessary because: (1) EPA
could not act on the original submittal at an earlier date due to
issues related to the remand of CAIR; and, (2) Indiana, subsequently,
needed to extend the maintenance period to meet CAA maintenance
demonstration requirements. Further, consistent with documentation for
Question 5 in EPA's ``Policy Guidance on the Use of MOVES2010 for State
Implementation Plan Development, Transportation Conformity, and Other
Purposes'' (the MOVES guidance) (https://www.epa.gov/otaq/models/moves/420b09046.pdf), we have concluded that, since the bulk of the work on
the maintenance plan was performed in 2009, before MOVES was released,
the continued use of MOBILE6.2 in the maintenance plan is warranted.
Even the supplemental work performed by Indiana to support the May 31,
2011, revision was done relatively soon after MOVES was officially
released for use in SIPs on March 2, 2010, at 75 FR 9411. Based on
these factors, we have concluded that Indiana's continued use of
MOBILE6.2 is justified. In addition, the continued use of MOBILE6.2
avoids an adverse impact on State resources as also described in the
documentation for Question 5 of the MOVES guidance.
As discussed in section IV.3.a. above, many of the control programs
that helped to bring the area into attainment of the standard will
continue to achieve additional emission reductions over the maintenance
period. These control programs include Tier 2 emission standards for
vehicles and gasoline sulfur standards, the heavy-duty diesel engine
rule, the nonroad diesel rule, and the nonroad large spark-ignition
engine and recreation engine standards. In addition, implementation of
CSAPR will result in further reductions in SO2 and
NOX emissions over the maintenance period. Emissions data
for all sources by source sector are shown in tables 7 through 9,
below.
Table 7--Comparison of 2008, 2015, 2020, and 2025 NOX Emission Totals by Source Sector (tpy) for the Indianapolis Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX
-----------------------------------------------------------------------------------------
Sector Net change 2008-
2008 2015 2020 2025 2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point......................................................... 6,259.45 6,267.98 6,182.66 6,098.76 -160.69
EGU........................................................... 7,183.98 6,864.90 6,864.17 6,863.44 -320.54
Area.......................................................... 4,885.91 4,808.82 4,726.75 4,646.40 -239.51
Nonroad....................................................... 10,953.68 7,146.72 4,961.21 3,544.70 -7,408.98
On-road....................................................... 21,494.74 12,259.66 9,752.70 7,245.74 -14,249.00
-----------------------------------------------------------------------------------------
Total..................................................... 50,777.76 37,348.08 32,487.49 28,399.04 -22,378.72
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 8--Comparison of 2008, 2015, 2020, and 2025 Direct PM2.5 Emission Totals by Source Sector (tpy) for the Indianapolis Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Direct PM2.5
-----------------------------------------------------------------------------------------
Sector Net change 2008-
2008 2015 2020 2025 2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point......................................................... 843.05 822.74 806.17 790.01 -53.04
EGU........................................................... 1,966.49 2,567.84 2,567.83 2,567.81 601.32
Area.......................................................... 85.36 81.77 78.97 76.30 -9.06
[[Page 59521]]
Nonroad....................................................... 805.42 537.76 384.01 281.52 -523.90
On-road....................................................... 403.67 289.67 275.11 260.54 -143.13
-----------------------------------------------------------------------------------------
Total..................................................... 4,103.99 4,299.78 4,112.09 3,976.18 -127.81
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 9--Comparison of 2008, 2015, 2020, and 2025 SO2 Emission Totals by Source Sector (tpy) for the Indianapolis Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
SO2
-----------------------------------------------------------------------------------------
Sector Net change 2008-
2008 2015 2020 2025 2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point......................................................... 2,415.94 1,631.65 1,604.91 1,578.72 -837.22
EGU........................................................... 38,027.05 28,314.66 28,314.44 28,314.22 -9,712.83
Area.......................................................... 1,830.02 1,778.03 1,731.62 1,686.72 -143.30
Nonroad....................................................... 576.13 165.61 89.31 56.66 -519.47
On-road....................................................... 653.54 498.20 531.68 565.17 -88.37
-----------------------------------------------------------------------------------------
Total..................................................... 43,502.68 32,388.15 32,271.96 32,201.49 -11,301.19
--------------------------------------------------------------------------------------------------------------------------------
